81R11540 HLT-F
 
  By: Dutton H.B. No. 2348
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a contract between a water district and a municipality
  for the provision of fire-fighting services in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter L, Chapter 49, Water Code, is amended
  by adding Section 49.353 to read as follows:
         Sec. 49.353.  MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES
  IN CERTAIN COUNTIES. (a) This section applies only to a district:
               (1)  located wholly or partly in a county with a
  population of more than 3.3 million; and
               (2)  in whose territory an emergency services district
  that provides fire-fighting services to all or part of the district
  is wholly or partly located.
         (b)  Notwithstanding Section 43.0751(f)(2)(B)(iii), Local
  Government Code, as part of a strategic partnership agreement under
  Section 43.0751, Local Government Code, a district may contract
  with a municipality whose fire department, on the date the
  agreement is entered into, has an Insurance Services Office (ISO)
  Class 1 Public Protection Classification Rating or comparable
  rating recognized by the state fire marshal for the provision of
  fire-fighting services to all or part of the district's territory,
  without the authorization of the emergency services district that
  provides fire-fighting services to the district immediately before
  the date on which the agreement takes effect.
         (c)  If a district enters into a strategic partnership
  agreement with a municipality that includes the provision of
  fire-fighting services under this section, the territory of the
  district to be served by the municipality under the agreement is
  disannexed from the emergency services district in the manner
  provided by Section 775.022, Health and Safety Code.
         SECTION 2.  The change in law made by this Act applies only
  to a strategic partnership agreement for the provision of
  fire-fighting services between a water district and a municipality
  that is entered into on or after the effective date of this Act. A
  strategic partnership agreement entered into before the effective
  date of this Act is governed by the law in effect when the agreement
  was entered into, and the former law continues in effect for that
  purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.