2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.031. District Powers

Sec. 775.031.  DISTRICT POWERS.  (a)  A district is a political subdivision of the state.  To perform the functions of the district and to provide emergency services, a district may:
(1)  acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or an interest in property;
(2)  enter into and perform necessary contracts;
(3)  appoint and employ necessary officers, agents, and employees;
(4)  sue and be sued;
(5)  impose and collect taxes as prescribed by this chapter;
(6)  accept and receive donations;
(7)  lease, own, maintain, operate, and provide emergency services vehicles and other necessary or proper apparatus, instrumentalities, equipment, and machinery to provide emergency services;
(8)  construct, lease, own, and maintain real property, improvements, and fixtures necessary to house, repair, and maintain emergency services vehicles and equipment;
(9)  contract with other entities, including other districts or municipalities, to make emergency services facilities and emergency services available to the district;
(10)  contract with other entities, including other districts or municipalities, for reciprocal operation of services and facilities if the contracting parties find that reciprocal operation would be mutually beneficial and not detrimental to the district;
(11)  borrow money;  and
(12)  perform other acts necessary to carry out the intent of this chapter.
(b)  A district located wholly within a county with a population of more than 3.3 million may not provide fire prevention or fire-fighting services unless the district:
(1)  was originally a rural fire prevention district and was converted to an emergency services district under this chapter or former Section 794.100; or
(2)  is created after September 1, 2003.
(b-1)  A district that was formerly a rural fire prevention district that is not otherwise prohibited by statute from providing fire prevention or fire-fighting services may provide those services.
(c)  A district may contract with the state or a political subdivision for law enforcement services or for enforcement of the district's fire code.  A district may commission a peace officer or employ a person who holds a permanent peace officer license issued under Section 1701.307, Occupations Code, as a peace officer.
(d)  A district is not required to perform all the functions authorized by this chapter.  A district may be created to provide limited services.
Text of subsection effective until March 01, 2024
(e)  In the event of a conflict between a power granted under this chapter and a condition imposed in accordance with Section 775.019(f), the condition controls.
Text of subsection effective on March 01, 2024
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 7(3), eff. March 1, 2024.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 272, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 392, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 496, Sec. 5, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 272, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 886, Sec. 7, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 235, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 930, Sec. 3, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1204, Sec. 1.004, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 55, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 791 (S.B. 1425), Sec. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 7(3), eff. March 1, 2024.