HBA-DMD C.S.H.B. 2980 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2980 By: Hamric County Affairs 4/12/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE A rural fire prevention district (district) is created to protect life and property and to provide fire and safety related services to persons and property within its boundaries. C.S.H.B. 2980 specifies directions for filling out a petition for the creation of a rural fire protection district in more than one county. This bill authorizes a district to borrow money. This bill also changes the date of election to elect the initial fire commissioners of a district. It provides for the removal of a member of the board of fire commissioners. C.S.H.B. 2980 prohibits a district, with certain exceptions, from contracting an amount of indebtedness in any one year that is in excess of the funds then on hand and that may be paid from current revenues for the year. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 794.012(b), Health and Safety Code, to specify directions for filling out a petition for the creation of a rural fire protection district (district) in more than one county. SECTION 2. Amends Section 794.014, Health and Safety Code, by adding Subsection (g), to provide that this section (Creation of District That Includes Municipal Territory) does not apply if the proposed district contains territory in the unincorporated area of a county with a population of 2.4 million or more. SECTION 3. Amends Section 794.031, Health and Safety Code, to include the authority to borrow money among the powers of the district. SECTION 4. Amends Sections 794.034(b) and (h), Health and Safety Code, (b) Requires the county judges of each county in the district, after a district located in more than one county is created, to mutually establish a convenient day provided by Section 41.001 (Uniform Election Dates), Election Code, rather than a convenient day in November other than the date of the general election for state and county officers, to conduct an election to elect the initial fire commissioners. (h) Authorizes the board of fire commissioners (board) to change the election date from one authorized election date to another authorized election date and requires the board to adjust the terms of office to conform to the new election date. SECTION 5. Amends Section 794.035, Health and Safety Code, by adding Subsections (e) and (f), as follows: (e) Sets forth that Chapter 551 (Open Meetings), Government Code, does not apply to a meeting of a committee of the board if less than a board quorum attends, or, if composed of representatives of more than one board, if less than a quorum of any of the boards attends. (f) Requires the board, each January, to publish the street address of the district's administrative office in eight-point type in the legal notices section of a newspaper of general circulation in the district. Requires the board, in a district's first year of operation, to publish the notice no later than 60 days after the initial board is appointed. SECTION 6. Amends Subchapter C, Chapter 794, Health and Safety Code, by adding Section 794.038, as follows: Sec. 794.038. REMOVAL OF BOARD MEMBER. (a) Specifies the circumstances in which a board is authorized to remove a member. (b) Authorizes a member, no later than 30 days after a vote to remove that member under Subsection (a), to file a written appeal for reinstatement to the commissioners court of the county in which a single-county district is located or, if the district is located in more than one county, the commissioners court of the county where the member resides. Specifies the reasons for which the court is authorized to reinstate the member. (c) Sets forth that the validity of a board action is not affected because it is taken when a ground for removal of a board member exists. SECTION 7. Amends Section 794.071, Health and Safety Code, to prohibit a district, with certain exceptions, from contracting an amount of indebtedness in any one year that is in excess of the funds then on hand and, rather than or, that may be paid from current revenues for the year. SECTION 8. Section 794.074(i), Health and Safety Code, to include a contract for fire extinguishment and suppression service, emergency rescue service, or ambulance service as a provision for which this section (Competitive Bids Requirement) does not apply. SECTION 9.Makes application of this Act prospective, as it applies to a request for competitive bids. SECTION 10.Effective date: September 1, 1999. SECTION 11.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 4 (Section 794.034, Health and Safety Code), by amending Subsection (h) to authorize the board of fire commissioners (board) to change the election date from one authorized election date to another authorized election date and requires the board to adjust the terms of office to conform to the new election date.