| 1 | 1 | | 81R3753 KSD-F |
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| 2 | 2 | | By: King of Parker H.B. No. 793 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority to charge reasonable fees for emergency |
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| 8 | 8 | | services performed by volunteer fire departments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 342, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS |
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| 13 | 13 | | Sec. 342.031. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES. |
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| 14 | 14 | | A municipality that contracts with a volunteer fire department for |
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| 15 | 15 | | the performance of emergency services may charge a reasonable fee |
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| 16 | 16 | | for the emergency services performed by the department. The fee |
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| 17 | 17 | | must be paid within a reasonable amount of time established by the |
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| 18 | 18 | | municipality. |
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| 19 | 19 | | SECTION 2. Section 352.001(c), Local Government Code, is |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | (c) The commissioners court of a county may contract with an |
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| 22 | 22 | | incorporated volunteer fire department that is located within the |
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| 23 | 23 | | county to provide fire protection to an area of the county that is |
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| 24 | 24 | | located outside the municipalities in the county. The court may pay |
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| 25 | 25 | | for that protection from the general fund of the county. The county |
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| 26 | 26 | | may charge a reasonable fee for emergency services performed by the |
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| 27 | 27 | | volunteer fire department under contract with the county. The fee |
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| 28 | 28 | | must be paid within a reasonable amount of time established by the |
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| 29 | 29 | | county. The county may assign the billing and collection of the fee |
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| 30 | 30 | | to the volunteer fire department. |
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| 31 | 31 | | SECTION 3. Chapter 614, Government Code, is amended by |
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| 32 | 32 | | adding Subchapter L to read as follows: |
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| 33 | 33 | | SUBCHAPTER L. AUTHORITY OF CERTAIN VOLUNTEER FIRE DEPARTMENTS TO |
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| 34 | 34 | | CHARGE FEES FOR SERVICES |
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| 35 | 35 | | Sec. 614.211. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES. |
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| 36 | 36 | | (a) In this section, "volunteer fire department" has the meaning |
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| 37 | 37 | | assigned by Section 614.071. |
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| 38 | 38 | | (b) A volunteer fire department that is not operating under |
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| 39 | 39 | | a contract with an emergency services district under Chapter 775, |
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| 40 | 40 | | Health and Safety Code, a county, a municipality, or another |
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| 41 | 41 | | political subdivision to provide emergency services may directly |
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| 42 | 42 | | charge a reasonable fee to the persons for whom the department |
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| 43 | 43 | | performs emergency services. |
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| 44 | 44 | | SECTION 4. The changes in law made by this Act apply |
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| 45 | 45 | | beginning with emergency services performed by a volunteer fire |
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| 46 | 46 | | department on or after the effective date of this Act. |
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| 47 | 47 | | SECTION 5. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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