81R11540 HLT-F
By: Dutton H.B. No. 2348
A BILL TO BE ENTITLED
AN ACT
relating to a contract between a water district and a municipality
for the provision of fire-fighting services in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 49, Water Code, is amended
by adding Section 49.353 to read as follows:
Sec. 49.353. MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES
IN CERTAIN COUNTIES. (a) This section applies only to a district:
(1) located wholly or partly in a county with a
population of more than 3.3 million; and
(2) in whose territory an emergency services district
that provides fire-fighting services to all or part of the district
is wholly or partly located.
(b) Notwithstanding Section 43.0751(f)(2)(B)(iii), Local
Government Code, as part of a strategic partnership agreement under
Section 43.0751, Local Government Code, a district may contract
with a municipality whose fire department, on the date the
agreement is entered into, has an Insurance Services Office (ISO)
Class 1 Public Protection Classification Rating or comparable
rating recognized by the state fire marshal for the provision of
fire-fighting services to all or part of the district's territory,
without the authorization of the emergency services district that
provides fire-fighting services to the district immediately before
the date on which the agreement takes effect.
(c) If a district enters into a strategic partnership
agreement with a municipality that includes the provision of
fire-fighting services under this section, the territory of the
district to be served by the municipality under the agreement is
disannexed from the emergency services district in the manner
provided by Section 775.022, Health and Safety Code.
SECTION 2. The change in law made by this Act applies only
to a strategic partnership agreement for the provision of
fire-fighting services between a water district and a municipality
that is entered into on or after the effective date of this Act. A
strategic partnership agreement entered into before the effective
date of this Act is governed by the law in effect when the agreement
was entered into, and the former law continues in effect for that
purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.