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AN ACT
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relating to a contract between a water district and a municipality |
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for the provision of fire-fighting services in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 49, Water Code, is amended |
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by adding Section 49.353 to read as follows: |
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Sec. 49.353. MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES |
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IN CERTAIN COUNTIES. (a) In this section, "fire-fighting |
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services" has the meaning assigned by Section 49.351. |
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(b) This section applies only to a district: |
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(1) located wholly or partly in a county with a |
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population of more than 3.3 million; and |
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(2) in whose territory an emergency services district |
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that provides fire-fighting services to all or part of the district |
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is wholly or partly located. |
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(c) Notwithstanding Section 43.0751(f)(2)(B)(iii), Local |
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Government Code, as part of a strategic partnership agreement |
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entered into on or before December 31, 2006, under Section 43.0751, |
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Local Government Code, a district may contract with a municipality |
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whose fire department, on the date the agreement is entered into, |
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has an Insurance Services Office (ISO) Class 1 Public Protection |
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Classification Rating or comparable rating recognized by the state |
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fire marshal for the provision of fire-fighting services to all or |
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part of the district's territory, without the authorization of the |
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emergency services district that provides fire-fighting services |
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to the district immediately before the date on which the agreement |
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takes effect. |
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(d) If a district enters into a strategic partnership |
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agreement with a municipality that includes the provision of |
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fire-fighting services under this section, the territory of the |
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district annexed by the municipality for limited purposes and to be |
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served by the municipality under the agreement shall be disannexed |
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from the emergency services district in the manner provided by |
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Section 775.022, Health and Safety Code, for territory that is |
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annexed by a municipality for full purposes. |
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(e) This section does not apply to a strategic partnership |
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agreement that is: |
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(1) entered into after December 31, 2006; or |
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(2) amended after December 31, 2006, to include the |
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provision of fire-fighting services. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2348 was passed by the House on May |
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12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2348 was passed by the Senate on May |
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25, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |