By: Dutton, Flynn (Senate Sponsor - Whitmire) H.B. No. 2348
         (In the Senate - Received from the House May 13, 2009;
  May 14, 2009, read first time and referred to Committee on
  Intergovernmental Relations; May 22, 2009, reported favorably by
  the following vote: Yeas 4, Nays 0; May 22, 2009, sent to printer.)
 
 
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)  In this section, "fire-fighting
  services" has the meaning assigned by Section 49.351.
         (b)  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.
         (c)  Notwithstanding Section 43.0751(f)(2)(B)(iii), Local
  Government Code, as part of a strategic partnership agreement
  entered into on or before December 31, 2006, 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.
         (d)  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 annexed by the municipality for limited purposes and to be
  served by the municipality under the agreement shall be disannexed
  from the emergency services district in the manner provided by
  Section 775.022, Health and Safety Code, for territory that is
  annexed by a municipality for full purposes.
         (e)  This section does not apply to a strategic partnership
  agreement that is:
               (1)  entered into after December 31, 2006; or
               (2)  amended after December 31, 2006, to include the
  provision of fire-fighting services.
         SECTION 2.  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.
 
  * * * * *