1 | 1 | | H.B. No. 2348 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to a contract between a water district and a municipality |
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6 | 6 | | for the provision of fire-fighting services in certain counties. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter L, Chapter 49, Water Code, is amended |
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9 | 9 | | by adding Section 49.353 to read as follows: |
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10 | 10 | | Sec. 49.353. MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES |
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11 | 11 | | IN CERTAIN COUNTIES. (a) In this section, "fire-fighting |
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12 | 12 | | services" has the meaning assigned by Section 49.351. |
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13 | 13 | | (b) This section applies only to a district: |
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14 | 14 | | (1) located wholly or partly in a county with a |
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15 | 15 | | population of more than 3.3 million; and |
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16 | 16 | | (2) in whose territory an emergency services district |
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17 | 17 | | that provides fire-fighting services to all or part of the district |
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18 | 18 | | is wholly or partly located. |
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19 | 19 | | (c) Notwithstanding Section 43.0751(f)(2)(B)(iii), Local |
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20 | 20 | | Government Code, as part of a strategic partnership agreement |
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21 | 21 | | entered into on or before December 31, 2006, under Section 43.0751, |
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22 | 22 | | Local Government Code, a district may contract with a municipality |
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23 | 23 | | whose fire department, on the date the agreement is entered into, |
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24 | 24 | | has an Insurance Services Office (ISO) Class 1 Public Protection |
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25 | 25 | | Classification Rating or comparable rating recognized by the state |
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26 | 26 | | fire marshal for the provision of fire-fighting services to all or |
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27 | 27 | | part of the district's territory, without the authorization of the |
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28 | 28 | | emergency services district that provides fire-fighting services |
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29 | 29 | | to the district immediately before the date on which the agreement |
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30 | 30 | | takes effect. |
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31 | 31 | | (d) If a district enters into a strategic partnership |
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32 | 32 | | agreement with a municipality that includes the provision of |
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33 | 33 | | fire-fighting services under this section, the territory of the |
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34 | 34 | | district annexed by the municipality for limited purposes and to be |
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35 | 35 | | served by the municipality under the agreement shall be disannexed |
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36 | 36 | | from the emergency services district in the manner provided by |
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37 | 37 | | Section 775.022, Health and Safety Code, for territory that is |
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38 | 38 | | annexed by a municipality for full purposes. |
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39 | 39 | | (e) This section does not apply to a strategic partnership |
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40 | 40 | | agreement that is: |
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41 | 41 | | (1) entered into after December 31, 2006; or |
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42 | 42 | | (2) amended after December 31, 2006, to include the |
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43 | 43 | | provision of fire-fighting services. |
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44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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48 | 48 | | Act takes effect September 1, 2009. |
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49 | 49 | | ______________________________ ______________________________ |
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50 | 50 | | President of the Senate Speaker of the House |
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51 | 51 | | I certify that H.B. No. 2348 was passed by the House on May |
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52 | 52 | | 12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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53 | 53 | | voting. |
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54 | 54 | | ______________________________ |
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55 | 55 | | Chief Clerk of the House |
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56 | 56 | | I certify that H.B. No. 2348 was passed by the Senate on May |
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57 | 57 | | 25, 2009, by the following vote: Yeas 30, Nays 0. |
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58 | 58 | | ______________________________ |
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59 | 59 | | Secretary of the Senate |
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60 | 60 | | APPROVED: _____________________ |
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61 | 61 | | Date |
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62 | 62 | | _____________________ |
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63 | 63 | | Governor |
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