HBA-CMT H.B. 1950 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1950
By: Hamric
County Affairs
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Emergency service districts (ESD) are special districts which provide
health and safety related services to persons and property within ESD
boundaries.   An ESD may be a single county district board appointed by the
commissioners court or a multicounty district with a board elected by the
voters within ESD boundaries.  Currently, some confusion exists in the
provisions relating to these ESDs.  House Bill 1950 clarifies provisions
relating to the administration, powers, duties, maximum tax rate in
populous counties and the operation of emergency service districts. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1950 amends the Health and Safety Code to require all elections
for emergency services commissioners to be generally conducted in
accordance with the Election Code (Sec. 775.035). 

The bill authorizes a board of emergency services commissioners (board) to
adopt and enforce a fire code that does not conflict with a fire code
adopted by any county in which the district is located.  The bill provides
that the board of a district located wholly within a county with a
population of three million, rather than 2.4 million, is prohibited from
adopting a fire code or a fine for a violation of the district's fire code
unless the commissioners court of the county consents to the adoption of
the code or fine (Sec. 775.036). 

The bill provides that a district located wholly within a county that has
not established an office of county fire marshal or a multicounty district
located partly within a county that has not established an office of county
fire marshal is authorized to establish the office of district fire marshal
and provide office facilities, equipment, transportation, assistants, and
professional services for that office.  The bill  prohibits the term of
office for a  district fire marshal from exceeding a period of two years.
The jurisdiction and powers of the district fire marshal are limited to the
boundaries of the district and are prohibited from extending into the city
limits of municipalities within the district that have a city fire marshal
or into the boundaries of a county in which the district is located that
has a county fire marshal.  The bill sets forth qualification requirements
for the office of district fire marshal, and prohibits the district fire
marshal from having an interest in the sale of fire-fighting equipment and
engaging in any type of fire insurance business.  The bill sets forth
provisions stating what occurrences a district fire marshal is required to
investigate, what an investigation performed by the district fire marshal
is required to encompass, and time requirements for when an investigation
is to be started.  The bill sets forth the powers and duties of a district
fire marshal.   
The bill sets forth procedures for the service of process.  An action taken
by a district fire marshal in the investigation of a fire does not affect
the rights of a policyholder or of any company regarding a loss caused by
the fire, and the  result of an investigation of a fire is prohibited from
being admitted as evidence in a trial of a civil action brought under an
insurance policy.  The statement of an insurance company, the company's
officers, agents, or adjusters, or of a policyholder or the policyholder's
representative that is made to the  district fire marshal or representative
with respect to the origin or cause or supposed origin of the fire is
prohibited from being admitted as evidence in or made the basis of a civil
action for damages.  

The bill requires the district fire marshal to enforce all state, county
and district orders, rules, and regulations that relate to fires,
explosions, or damages of any kind caused by a fire or explosion.  The bill
prohibits the district fire marshal from enforcing orders and decrees
within a municipality that has a city fire marshal or a county that has a
county fire marshal.  The bill requires the district fire marshal to
cooperate with the state fire marshal to conduct fire prevention and
fire-fighting activities or post fire investigations, and aid or conduct an
investigation in a municipality or a county if requested by the
municipality or the county.   

The bill provides that a district fire marshal and the assistants and
employees of the office are not liable in damages for any acts or omissions
in the performance of their duties, except in cases of gross negligence or
wilful malfeasance.  The bill sets forth provisions for when a person
commits an offense in connection with an investigation and specifies that
the offense is a misdemeanor punishable by a fine not to exceed $25. An
owner or occupant who is subject to an order issued by the district fire
marshal commits a Class B misdemeanor offense if that person  fails to
comply with the order. 

The bill provides that if subsequent to the establishment of a district
fire  marshal position, a county or municipality in which such a district
is located is required to establish a position of county or city fire
marshal then no later than 30 days after the jurisdiction of the district
fire marshal within such municipality or county shall cease.  Such city
fire marshals or county fire marshals are required to assume control and
jurisdiction over the pending investigations and court proceedings within
the city or county being handled by the district fire marshal (Sec.
775.0361). 

The bill sets forth conditions that must be met for an individual who
constitutes a responsible party to be exempted from  paying the authorized
charges for the release or abandonment of any hazardous material. The above
provision does not apply to hazardous materials possessed, owned, or
transported by a district, the State of Texas, or the federal government
(Sec. 775.040). 

The bill sets forth that provisions regarding an ad valorem tax in a
district wholly located in a populous county apply only to a county with a
population of more than 3.0 million rather than 2.4 million, and increases
the maximum amount of the tax which may not exceed 10 rather than six cents
for each $100 of taxable value if the district was originally a rural fire
prevention district (Sec. 775.0741). 

H.B. 1950 amends the Code of Criminal Procedure to designate a fire marshal
commissioned by an emergency services district and investigators of a
district fire marshal as peace officers (Art. 2.12).  
 
EFFECTIVE DATE

September 1, 2001.