S.B. No. 1022




AN ACT



relating to emergency services districts.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:


	SECTION 1.  Subsection (a), Section 775.013, Health
and Safety Code, as amended by Chapters 886 and 1333,
Acts of the 77th Legislature, Regular Session, 2001,
is reenacted and amended to read as follows:


	(a)  The petition prescribed by Section 775.011 or 775.012
must show:


		(1)  that the district is to be created and is to operate
under Article III, Section 48-e, Texas Constitution,
and Chapter 775;


		(2)  the name of the proposed district;


		(3)  the proposed district's boundaries as designated
by metes and bounds or other sufficient legal description;


		(4)  the services that the proposed district will provide;


		(5)  that the creation of the proposed district complies
with Sections 775.020 and 775.0205; [and]


		(6)  the mailing address of each petitioner; and


		(7) [(6)]  the name of each
municipality whose consent must be obtained under Section
775.014.


	SECTION 2.  Subsection (a), Section 775.022, Health
and Safety Code, is amended to read as follows:


	(a)  If a municipality completes all other procedures
necessary to annex [annexes] territory
in a district and if the municipality intends to
provide emergency services to the territory by the
use of municipal personnel or by some method other
than by use of the district, the municipality shall
send written notice of that fact to the board.  The
municipality must send the notice to the secretary
of the board by certified mail, return receipt requested.
 The territory remains part of the district and does
not become part of the municipality until the secretary
of the board receives the notice.  On[,
the board shall, on] receipt of the notice,
the board shall [a written request of the
municipality,] immediately change its records
to show that [disannex] the territory
has been disannexed from the district and shall
cease to provide further services to the residents
of that territory.


	SECTION 3.  Subsection (c), Section 775.031, Health
and Safety Code, is amended to read as follows:


	(c)  A district may contract with the state or a political
subdivision for law enforcement services or for
enforcement of the district's fire code.  A
[Except as provided by Subchapter F, a]
district may [not] commission a peace
officer or employ a person who holds a permanent
peace officer license issued under Section 1701.307,
Occupations Code, as a peace officer.


	SECTION 4.  Section 775.034, Health and Safety Code,
is amended by adding Subsection (f) to read as follows:


	(f)  The commissioners court shall consider relevant
factors in determining the individuals to appoint as
emergency services commissioners, including whether
the individuals have knowledge that relates to fire
prevention or emergency medical services and that is
relevant to the common policies and practices of the
board.


	SECTION 5.  Section 775.036, Health and Safety Code,
is amended by amending Subsection (b) and adding Subsections
(b-1) and (g) to read as follows:


	(b)  The board may adopt and enforce a fire code, including
fines for any violations, that does not conflict with
a fire code adopted by any county that also contains
within its boundaries any portion of the land contained
in the district and may require inspections in the
district relating to the causes and prevention of fires
and medical emergencies, except as provided by Section
775.031(b).  The fire code must be similar to standards
adopted by a nationally recognized standards-making
association.  The board may not enforce the district's
fire code within the boundaries of a municipality that
has adopted a fire code, except for an area that
has been annexed only for limited purposes in which
the municipality does not enforce a fire code.
 The board of a district located wholly within a county
with a population of three million or more may not
adopt 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.


	(b-1)  If a county that contains within its boundaries
any portion of the land contained in the district adopts
a fire code after the district adopts a code under
Subsection (b), the board may continue to enforce its
fire code in the area subject to the county fire code.
 To the extent of any conflict between the county's
code and the district's code, the more stringent provision
prevails.


	(g)  The board may commission a peace officer or
employ a person who holds a permanent peace officer
license issued under Section 1701.307, Occupations
Code, to inspect for fire hazards any structure, appurtenance,
fixture, or other real property located in the district.
 The board may adopt procedures to order the owner
or occupant of the property that fails an inspection
to correct the hazardous situation.


	SECTION 6.  Subsection (a), Section 775.0751, Health
and Safety Code, is amended to read as follows:


	(a)  A district may adopt a sales and use tax, change
the rate of its sales and use tax, or abolish its sales
and use tax at an election held as provided by Section
775.0752.  The district may impose the tax at a rate
from one-eighth of one percent to [of
one-half percent, one percent, one and one-half percent,
or] two percent in increments of one-eighth
of one percent.  Revenue from the tax may be used
for any purpose for which ad valorem tax revenue of
the district may be used.


	SECTION 7.  Subsection (a), Section 775.076, Health
and Safety Code, is amended to read as follows:


	(a)  The board may issue bonds and notes as prescribed
by this chapter to perform any of its powers.  Before
the board may issue bonds or notes authorized by
this section, the commissioners court of each county
in which the district is located must approve the issuance
of the bonds or notes by a majority vote.


	SECTION 8.  Subsection (k), Section 775.084, Health
and Safety Code, is amended to read as follows:


	(k)  A contract for a public works project must be administered
in the manner provided by [accordance
with] Subchapter B or H, Chapter 271,
Local Government Code, except as provided by this section.


	SECTION 9.  Subsections (a) and (b), Section 775.085,
Health and Safety Code, are amended to read as follows:


	(a)  The board, on the behalf of the district, may borrow
money and make other financial arrangements to purchase
real property or emergency services equipment or
construct emergency services facilities in the
amount and subject to a rate of interest or other conditions
the board considers advisable.


	(b)  To secure a loan under this section, the board
may pledge:


		(1)  tax revenues or funds on hand that are not otherwise
pledged to pay a debt of the district; or


		(2)  the real property acquired or improved or
equipment acquired with the borrowed money.


	SECTION 10.  Section 776.033, Health and Safety Code,
is amended by adding Subsection (e) to read as follows:


	(e)  The commissioners court shall consider relevant
factors in determining the individuals to appoint as
emergency services commissioners, including whether
the individuals have knowledge that relates to fire
prevention or emergency medical services and that is
relevant to the common policies and practices of the
board.


	SECTION 11.  Subsection (c), Section 776.052, Health
and Safety Code, is amended to read as follows:


	(c)  If a municipality that is not in the district completes
all other procedures necessary to annex [annexes]
territory that is included in a district and if
the municipality intends to provide emergency services
to the territory by the use of municipal personnel
or by some method other than by use of the district,
the governing body of the municipality shall send
written notice of that fact to the board.  The municipality
must send the notice to [notify]
the secretary of the board by certified mail, return
receipt requested.  The territory remains part of the
district and does not become part of the municipality
until the secretary of the board receives the notice.
 On receipt of the notice, the board shall immediately
change its records to show that the territory has been
disannexed from the district and shall cease to provide
further services to the residents of that [in
writing that the annexed territory is excluded from
the district's] territory.


	SECTION 12.  Article 2.12, Code of Criminal Procedure,
is amended to read as follows:


	Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are
peace officers:


		(1)  sheriffs, their deputies, and those reserve deputies
who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;


		(2)  constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer
license issued under Chapter 1701, Occupations Code;


		(3)  marshals or police officers of an incorporated
city, town, or village, and those reserve municipal
police officers who hold a permanent peace officer
license issued under Chapter 1701, Occupations Code;


		(4)  rangers and officers commissioned by the Public
Safety Commission and the Director of the Department
of Public Safety;


		(5)  investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;


		(6)  law enforcement agents of the Texas Alcoholic Beverage
Commission;


		(7)  each member of an arson investigating unit commissioned
by a city, a county, or the state;


		(8)  officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;


		(9)  officers commissioned by the General Services Commission;


		(10)  law enforcement officers commissioned by the Parks
and Wildlife Commission;


		(11)  airport police officers commissioned by a city
with a population of more than 1.18 million that operates
an airport that serves commercial air carriers;


		(12)  airport security personnel commissioned as peace
officers by the governing body of any political subdivision
of this state, other than a city described by Subdivision
(11), that operates an airport that serves commercial
air carriers;


		(13)  municipal park and recreational patrolmen and
security officers;


		(14)  security officers and investigators commissioned
as peace officers by the comptroller;


		(15)  officers commissioned by a water control and improvement
district under Section 49.216, Water Code;


		(16)  officers commissioned by a board of trustees under
Chapter 54, Transportation Code;


		(17)  investigators commissioned by the Texas State
Board of Medical Examiners;


		(18)  officers commissioned by the board of managers
of the Dallas County Hospital District, the Tarrant
County Hospital District, or the Bexar County Hospital
District under Section 281.057, Health and Safety Code;


		(19)  county park rangers commissioned under Subchapter
E, Chapter 351, Local Government Code;


		(20)  investigators employed by the Texas Racing Commission;


		(21)  officers commissioned under Chapter 554, Occupations
Code;


		(22)  officers commissioned by the governing body of
a metropolitan rapid transit authority under Section
451.108, Transportation Code, or by a regional transportation
authority under Section 452.110, Transportation Code;


		(23)  investigators commissioned by the attorney general
under Section 402.009, Government Code;


		(24)  security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;


		(25)  an officer employed by the Texas Department of
Health under Section 431.2471, Health and Safety Code;


		(26)  officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;


		(27)  officers commissioned by the state fire marshal
under Chapter 417, Government Code;


		(28)  an investigator commissioned by the commissioner
of insurance under Article 1.10D, Insurance Code;


		(29)  apprehension specialists commissioned by the Texas
Youth Commission as officers under Section 61.0931,
Human Resources Code;


		(30)  officers appointed by the executive director of
the Texas Department of Criminal Justice under Section
493.019, Government Code;


		(31)  investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under
Section 1701.160, Occupations Code;


		(32)  commission investigators commissioned by the Texas
Commission on Private Security under Section 1702.061(f),
Occupations Code; and


		(33)  the fire marshal and any officers, inspectors,
or [, and any] investigators commissioned
by an emergency services district [to assist
that fire marshal,] under [Subchapter
F,] Chapter 775, Health and Safety Code.


	SECTION 13.  This Act takes effect September 1, 2003.



______________________________ 
  ______________________________




President of the Senate        
    Speaker of the House



	I hereby certify that S.B. No. 1022 passed the Senate
on April 16, 2003, by the following vote:  Yeas 31,
Nays 0; and that the Senate concurred in House amendment
on May 28, 2003, by a viva-voce vote.




______________________________


    Secretary of the Senate


	I hereby certify that S.B. No. 1022 passed the House,
with amendment, on May 23, 2003, by a non-record vote.


______________________________


    Chief Clerk of the House


Approved:


______________________________


             Date


______________________________


           Governor