81R3753 KSD-F
By: King of Parker H.B. No. 793
A BILL TO BE ENTITLED
AN ACT
relating to the authority to charge reasonable fees for emergency
services performed by volunteer fire departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 342, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS
Sec. 342.031. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES.
A municipality that contracts with a volunteer fire department for
the performance of emergency services may charge a reasonable fee
for the emergency services performed by the department. The fee
must be paid within a reasonable amount of time established by the
municipality.
SECTION 2. Section 352.001(c), Local Government Code, is
amended to read as follows:
(c) The commissioners court of a county may contract with an
incorporated volunteer fire department that is located within the
county to provide fire protection to an area of the county that is
located outside the municipalities in the county. The court may pay
for that protection from the general fund of the county. The county
may charge a reasonable fee for emergency services performed by the
volunteer fire department under contract with the county. The fee
must be paid within a reasonable amount of time established by the
county. The county may assign the billing and collection of the fee
to the volunteer fire department.
SECTION 3. Chapter 614, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. AUTHORITY OF CERTAIN VOLUNTEER FIRE DEPARTMENTS TO
CHARGE FEES FOR SERVICES
Sec. 614.211. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES.
(a) In this section, "volunteer fire department" has the meaning
assigned by Section 614.071.
(b) A volunteer fire department that is not operating under
a contract with an emergency services district under Chapter 775,
Health and Safety Code, a county, a municipality, or another
political subdivision to provide emergency services may directly
charge a reasonable fee to the persons for whom the department
performs emergency services.
SECTION 4. The changes in law made by this Act apply
beginning with emergency services performed by a volunteer fire
department on or after the effective date of this Act.
SECTION 5. 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.