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


Office of House Bill AnalysisC.S.H.B. 1950
By: Hamric
County Affairs
4/1/2001
Committee Report (Substituted)



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.  C.S.H.B. 1950 clarifies provisions
relating to the administration, powers, duties 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

C.S.H.B. 1950 amends the Health and Safety Code to authorize a district to
establish the office of district fire marshal if a county in which the
district is located does not have a county fire marshal, and provide office
facilities, equipment, transportation, employees, and other services and
assistance to the fire marshal (Secs. 775.101 and 775.105).  The bill
provides that the fire marshal serves a two year term (Sec. 775.102).  The
jurisdiction of the district fire marshal is limited to the boundaries of
the district and is 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 (Sec. 775.106).  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 (Sec.
775.104).  The bill sets forth provisions regarding investigations
performed by a district fire marshal as well as the powers and duties of a
district fire marshal (Sec. 775.108-755.113). The bill sets forth
procedures for the service of process (Sec. 775.118).  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 insurer 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 insurer  or of a policyholder that
is made to the district fire marshal 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 (Sec. 775.114).  

The bill requires the district fire marshal to cooperate with the state
fire marshal to conduct fire prevention and fire-fighting activities and
fire investigations, and to aid or conduct an investigation in a
municipality or a county if requested by the municipality or the county
(Sec. 775.115).   

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 (Sec. 775.116).  The bill sets forth provisions
regarding enforcement by the district fire marshal (Sec. 775.117).  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
(Sec. 775.119 and 775.120). 

The bill provides that if a county or municipality in which such a district
is located creates a position of county or city fire marshal, then no later
than 30 days after the creation, the jurisdiction of the district fire
marshal within such municipality or county shall cease.  City fire marshals
or county fire marshals are then 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.
775.107). 

The bill authorizes a district to provide hazardous materials services and
charge fees for such service.  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. These provisions do not apply to hazardous materials
possessed, owned, or transported by a district, the State of Texas, or the
federal government (Sec. 775.151-775.154). 

C.S.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).  
The bill provides that the board of emergency services commissioners
(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 provisions regarding a write-in candidate in city
elections apply to a write in candidate for emergency services
commissioners (Sec. 775.035). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1950 modifies the original bill by removing the provision which
increased the ad valorem tax that is imposed by the board of directors of
the emergency services district.  The substitute conforms to Texas
Legislative Council style and format.