H.B. No. 2348
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) In this section, "fire-fighting
services" has the meaning assigned by Section 49.351.
(b) 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.
(c) Notwithstanding Section 43.0751(f)(2)(B)(iii), Local
Government Code, as part of a strategic partnership agreement
entered into on or before December 31, 2006, 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.
(d) 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 annexed by the municipality for limited purposes and to be
served by the municipality under the agreement shall be disannexed
from the emergency services district in the manner provided by
Section 775.022, Health and Safety Code, for territory that is
annexed by a municipality for full purposes.
(e) This section does not apply to a strategic partnership
agreement that is:
(1) entered into after December 31, 2006; or
(2) amended after December 31, 2006, to include the
provision of fire-fighting services.
SECTION 2. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2348 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2348 was passed by the Senate on May
25, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor