BILL ANALYSIS

C.S.H.B. 2516

By: Springer

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law does not prescribe the distribution and use of revenue from fines collected for violations of outdoor burning regulations in counties with a volunteer fire department. Interested parties contend that, because these fines were collected with the purpose of preventing fire outbreaks, it is appropriate that the funds be allocated for the use of the volunteer fire department.  C.S.H.B. 2516 seeks to make it easier for such counties to fund volunteer fire departments using fine revenue from violations relating to outdoor burning violations.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2516 amends the Local Government Code to authorize the commissioners court of a county that has one or more fire departments located within the county by order to authorize a fine collected by the county under statutory provisions regulating outdoor burning to be deposited to the credit of an account in the county's general fund to be distributed only to the volunteer fire departments. The bill requires the commissioners court's order to regulate the distribution to and use of the funds by a volunteer fire department and requires funds distributed under the bill's provisions to be used for a public purpose.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2516 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 352.081, Local Government Code, is amended by adding Subsection (i) to read as follows: (i)  Notwithstanding any other law, a fine collected under this section by a county shall be deposited to the credit of an account in the general fund of the county to be distributed only to volunteer fire departments located within the county.  The commissioners court by order shall regulate the distribution to and use of the funds by a volunteer fire department.  Funds distributed under this subsection must be used for a public purpose. In this subsection, "volunteer fire department" has the meaning assigned by Section 352.006.	SECTION 1.  Section 352.081, Local Government Code, is amended by adding Subsection (i) to read as follows: (i)  Notwithstanding any other law, if a county has one or more volunteer fire departments located within the county, the commissioners court by order may authorize a fine collected under this section by the county to be deposited to the credit of an account in the general fund of the county and to be distributed only to the volunteer fire departments.  The commissioners court's order must regulate the distribution to and use of the funds by a volunteer fire department.  Funds distributed under this subsection must be used for a public purpose.  In this subsection, "volunteer fire department" has the meaning assigned by Section 352.006.
SECTION 2.  This Act takes effect September 1, 2013.	SECTION 2. Same as introduced version.