HBA-CMT S.B. 1167 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1167 By: Madla County Affairs 4/30/2001 Engrossed BACKGROUND AND PURPOSE Emergency service districts (ESD) are special districts that 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. Senate Bill 1167 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 Senate Bill 1167 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 and requires the fire marshal to post a bond (Secs. 775.102 and 775.103). 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 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). 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 records of an investigation by the fire marshal relating to the detection, investigation, or prosecution of a crime are authorized to be admitted in evidence in the trial of a civil action unless those records are subject to an exception under provisions of the Government Code regarding certain law enforcement and prosecutorial information (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 sets forth provisions regarding enforcement by the district fire marshal and service of process (Secs. 775.116 and 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. 775.118 and 775.119). 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 governmental entity (Sec. 775.151-775.154). 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). Senate Bill 1167 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.