reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.111. Inspection for Fire Hazards

Sec. 775.111.  INSPECTION FOR FIRE HAZARDS.  (a)  In this section, "fire hazard" means any of the following conditions that endanger the safety of a structure or its occupants and promote or cause fire or combustion:
(1)  the presence of a flammable substance;
(2)  a dangerous or dilapidated wall, ceiling, or other structural element;
(3)  improper lighting, heating, or other facilities;
(4)  the presence of a dangerous chimney, flue, pipe, main, or stove, or of dangerous wiring;  or
(5)  dangerous storage.
(b)  In the interest of safety and fire prevention, the fire marshal may inspect for fire hazards any structure, appurtenance, fixture, or real property located in the district and within 200 feet of a structure, appurtenance, or fixture.  If the fire marshal determines the presence of a fire hazard, the fire marshal may order the owner or occupant of the premises to correct the hazardous situation.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.112. Records

Sec. 775.112.  RECORDS.  The fire marshal shall keep a record of each fire that the fire marshal is required to investigate.  The record must include the facts, statistics, and circumstances determined by the investigation, including the origin of the fire and the estimated amount of the loss.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.113. Additional Investigation Powers

Sec. 775.113.  ADDITIONAL INVESTIGATION POWERS.  (a)  If the fire marshal determines that further investigation of a fire or of an attempt to set a fire is necessary, the fire marshal may:
(1)  subpoena witnesses to testify regarding the fire or attempt;
(2)  administer oaths to the witnesses;
(3)  take and preserve written statements, including statements under oath such as an affidavit or deposition;  and
(4)  require the production of a document or item related to the investigation.
(b)  As part of an investigation, the fire marshal may:
(1)  conduct an investigation or examination in private;
(2)  exclude a person who is not under examination;  and
(3)  separate witnesses from each other until each witness is examined.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.114. Insurance

Sec. 775.114.  INSURANCE.  (a)  An action taken by the fire marshal in the investigation of a fire does not affect the rights of a policyholder or of an insurer regarding a loss caused by the fire.
(b)  The records of an investigation by the fire marshal relating to the detection, investigation, or prosecution of a crime may be admitted in evidence in the trial of a civil action unless those records are subject to an exception under Sections 552.108(a)(1) and (b)(1), Government Code.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.115. Cooperation With Other Fire Marshals

Sec. 775.115.  COOPERATION WITH OTHER FIRE MARSHALS.  (a)  The district fire marshal shall cooperate with the state fire marshal to conduct:
(1)  fire prevention activities;
(2)  fire-fighting activities;  and
(3)  fire investigations.
(b)  The district fire marshal shall aid or conduct an investigation in a municipality or a county if requested by the municipality or the county.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.116. Enforcement

Sec. 775.116.  ENFORCEMENT.  (a)  The fire marshal shall file in court a complaint charging arson, attempted arson, conspiracy to defraud, or any other related crime against a person the fire marshal believes to be guilty.
(b)  The fire marshal shall file charges in court against a witness who refuses to cooperate with the investigation.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.117. Service of Process

Sec. 775.117.  SERVICE OF PROCESS.  A constable or sheriff may serve process under this subchapter.  The process must be signed by the fire marshal.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.118. Criminal Penalty; Contempt of Fire Investigation

Sec. 775.118.  CRIMINAL PENALTY;  CONTEMPT OF FIRE INVESTIGATION.  (a)  A person commits an offense if the person is a witness in connection with an investigation by the fire marshal and:
(1)  refuses to be sworn;
(2)  refuses to appear and testify;  or
(3)  fails to produce to the fire marshal any document or item relating to an investigation under this subchapter.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $25.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.119. Criminal Penalty; Failure to Comply With Order

Sec. 775.119.  CRIMINAL PENALTY;  FAILURE TO COMPLY WITH ORDER.  (a)  An owner or occupant of real property who is subject to an order issued by the fire marshal commits an offense if the person fails to comply with the order.
(b)  An offense under this section is a Class B misdemeanor.
(c)  Each failure to comply with an order is a separate offense.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter G. Hazardous Materials › Section 775.151. Definitions

Sec. 775.151.  DEFINITIONS.  In this subchapter:
(1)  "Hazardous material" means a flammable material, an explosive, a radioactive material, a hazardous waste, a toxic substance, or related material, including a substance defined as a "hazardous substance," "hazardous material," "toxic substance," or "solid waste" under:
(A)  the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), as amended;
(B)  the federal Resource Conservation and Recovery Act of 1976 (42 U.S. C. Section 6901 et seq.), as amended;
(C)  the federal Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.), as amended;  or
(D)  Chapter 361.
(2)  "Responsible party" means a person:
(A)  involved in the possession, ownership, or transportation of a hazardous material that is released or abandoned;  or
(B)  who has legal liability for the causation of an incident resulting in the release or abandonment of a hazardous material.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter G. Hazardous Materials › Section 775.152. Hazardous Materials Service

Sec. 775.152.  HAZARDOUS MATERIALS SERVICE.  A district may provide hazardous materials services, including a response to an incident involving hazardous material that has been:
(1)  leaked, spilled, or otherwise released;  or
(2)  abandoned.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter G. Hazardous Materials › Section 775.153. Fee for Providing Hazardous Materials Service; Exception

Sec. 775.153.  FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE;  EXCEPTION.  (a)  A district, or a person authorized by contract on the district's behalf, may charge a reasonable fee to a responsible party for responding to a hazardous materials service call.
(b)  An individual who is a responsible party does not have to pay the fee if:
(1)  the individual is not involved in the possession, ownership, or transportation of the hazardous material as the employee, agent, or servant of another person;
(2)  the individual is involved solely for private, noncommercial purposes related to the individual's own property and the individual receives no compensation for any services involving the hazardous materials;  and
(3)  the hazardous materials possessed, owned, or being transported by the individual are in forms, quantities, and containers ordinarily available for sale as consumer products to members of the general public.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter G. Hazardous Materials › Section 775.154. Exemption for Governmental Entities

Sec. 775.154.  EXEMPTION FOR GOVERNMENTAL ENTITIES.  This subchapter does not apply to hazardous materials owned or possessed by a governmental entity.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter H. Change in Boundaries of District With Planned Community › Section 775.201. Definition

Sec. 775.201.  DEFINITION.  In this subchapter, "planned community" means a planned community of 25,000 or more acres of land originally established under the Urban Growth and New Community Development Act of 1970 (42 U.S.C. Section 4501 et seq.) that is:
(1)  located wholly or partly in a county with a population of 2.8 million or more;  and
(2)  subject to restrictive covenants containing ad valorem or annual variable budget-based assessments on real property for use in part to finance services of the same general type provided by the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 828 (H.B. 492), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter H. Change in Boundaries of District With Planned Community › Section 775.202. Agreement on Boundaries With Property Owners in Planned Community

Sec. 775.202.  AGREEMENT ON BOUNDARIES WITH PROPERTY OWNERS IN PLANNED COMMUNITY.  (a)  After a hearing, a district located wholly in a county with a population of 2.8 million or more may exclude territory by making changes in the district's boundaries in accordance with an agreement among the district and the owners of two-thirds or more in acreage and two-thirds or more in taxable value, according to the most recent certified county property tax rolls, of a defined area of territory of a planned community.
(b)  The agreement must be in writing and describe:
(1)  the affected territory by metes and bounds, including the changes in the boundaries to be made;
(2)  the amount of any compensation to be paid to the district under Section 775.205;
(3)  the effective date for the changes in boundaries; and
(4)  any other applicable terms.
Added by Acts 2007, 80th Leg., R.S., Ch. 828 (H.B. 492), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter H. Change in Boundaries of District With Planned Community › Section 775.203. Notice of Hearing

Sec. 775.203.  NOTICE OF HEARING.  (a)  The board secretary shall give notice of the hearing.
(b)  The notice must contain the time and place for the hearing and a description of the territory proposed to be excluded.
(c)  The secretary shall:
(1)  post copies of the notice for at least 15 days before the date of the hearing in three public places in the district, one of which must be in the territory proposed to be excluded; and
(2)  not later than the 16th day before the date on which the hearing is held, publish the notice once in a newspaper of general circulation in each county in which the excluded territory is located.
Added by Acts 2007, 80th Leg., R.S., Ch. 828 (H.B. 492), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter H. Change in Boundaries of District With Planned Community › Section 775.204. Adoption of Agreement and Approval of Exclusion

Sec. 775.204.  ADOPTION OF AGREEMENT AND APPROVAL OF EXCLUSION.  After the hearing, if the board finds that the exclusion of the territory would be feasible and would benefit the district, the board shall by a resolution entered in its minutes:
(1)  adopt the agreement; and
(2)  approve the exclusion.
Added by Acts 2007, 80th Leg., R.S., Ch. 828 (H.B. 492), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter H. Change in Boundaries of District With Planned Community › Section 775.205. Effect of Adoption of Agreement and Approval of Exclusion

Sec. 775.205.  EFFECT OF ADOPTION OF AGREEMENT AND APPROVAL OF EXCLUSION.  (a)  After adoption and approval under Section 775.204, the district's tax on the property in the excluded territory continues until all agreed compensation has been paid in full.
(b)  The district shall apply the compensation received under this section toward the payment of the obligations described by Subsection (c).
(c)  The agreement must provide for the excluded territory to compensate the district in an amount equal to the excluded territory's pro rata share of the outstanding and unpaid bonds, warrants, or other direct and indirect obligations, including loans and lease-purchase agreements and written funding assistance agreements of the district and any not-for-profit fire departments and ambulance agencies or associations, for the financing and payment for firefighting, emergency medical service and emergency rescue equipment, fire and ambulance stations, or similar long-term capital assets to serve the district.
(d)  The excluded territory's pro rata share is the unpaid principal balances of the outstanding loans and other obligations enumerated by Subsection (c) multiplied by a fraction, the numerator of which is the taxable value of the property in the excluded territory and the denominator of which is the taxable value of the entire district, including the excluded territory. The taxable value calculated under this subsection for property in the excluded territory, including as part of the entire district, does not include any special appraisal or exemptions  for the property.
(e)  The agreement to compensate the district does not include the following expenses incurred by the district after the boundaries change:
(1)  expenses for district operations and maintenance; and
(2)  expenses for district services.
(f)  The agreement to compensate the district is required regardless of whether the loans and other obligations are subject to non-appropriation by the district or termination by either party before payment in full of the unpaid principal balance.
Added by Acts 2007, 80th Leg., R.S., Ch. 828 (H.B. 492), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter H. Change in Boundaries of District With Planned Community › Section 775.206. No Effect on Outstanding Obligations

Sec. 775.206.  NO EFFECT ON OUTSTANDING OBLIGATIONS.  A change in boundaries under this subchapter does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or other district obligations.
Added by Acts 2007, 80th Leg., R.S., Ch. 828 (H.B. 492), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.221. Authority to Divide District

Sec. 775.221.  AUTHORITY TO DIVIDE DISTRICT.  (a)  This subchapter applies only to a district located wholly in:
(1)  a county with a population of 20,000 or less; or
(2)  a county with a population of more than 30,000 but less than 41,000 that is adjacent to a county with a population of more than 200,000 but less than 233,500.
(b)  The board of a district described by Subsection (a) may create a new district by disannexing territory from the existing district and ordering a new district to be created in the disannexed territory in the manner provided by this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1241 (H.B. 3203), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 110, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.222. Petition for Division; Notice of Hearing

Sec. 775.222.  PETITION FOR DIVISION; NOTICE OF HEARING.  (a)  Before the existing district may be divided, the district's board must receive a petition for division signed by at least seven percent of the district's qualified voters or at least 100 of the district's qualified voters, whichever is the lesser number.
(b)  A petition for division must include:
(1)  the name of the new district to be created; and
(2)  a description of the territory proposed to be the new district's territory.
(c)  On receipt of a petition in the proper form, the board shall set a place, date, and time for a hearing to consider the petition.
(d)  The board shall issue a notice of the hearing that includes:
(1)  the name of the proposed district;
(2)  a description of the proposed district's boundaries; and
(3)  the place, date, and time of the hearing on the petition.
(e)  The board shall publish the notice in a newspaper of general circulation in the district once a week for two consecutive weeks.  The first publication must occur not later than the 21st day before the date on which the hearing will be held.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.223. Hearing on Division of District

Sec. 775.223.  HEARING ON DIVISION OF DISTRICT.  (a)  At the hearing on the petition for division of the existing district, the board shall consider the petition and each issue relating to the division of the district.
(b)  Any interested person may appear before the board to support or oppose the division.
(c)  The board shall approve the petition not later than the 10th day after the date of the hearing if the board finds that:
(1)  the petition contains the number of signatures required under Section 775.222(a); and
(2)  the proposed division is feasible.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1241 (H.B. 3203), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.224. Appeal

Sec. 775.224.  APPEAL.  A resident of the district or an owner of real or personal property located in the district may appeal the board's decision on the division of the district by filing an appeal in the district court in the county in which a district is located only on the basis that the board incorrectly tabulated the number of signatures on the petition.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.225. Election to Confirm Division

Sec. 775.225.  ELECTION TO CONFIRM DIVISION.  (a)  On granting a petition to divide the district, the board shall order an election to be held in the territory of the proposed new district to confirm the division of the existing district.
(b)  Notice of the election shall be given in the same manner as the notice of hearing under Section 775.222.
(c)  The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with the requirements of law.
(d)  The ballot shall be printed to provide for voting for or against the proposition: "Dividing the ________ Emergency Services District to create a new emergency services district."
(e)  If a majority of voters voting at the election vote to divide the district, the board shall order the division.
(f)  If a majority of those voting at the election vote against dividing the existing district, the board may not order another election on the issue before the first anniversary of the date of the canvass of the election.
(g)  The existing district and the new district each shall pay a pro rata share of the cost of an election held under this section, based on the assessed value of real property in each district subject to ad valorem taxation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.226. Division Order

Sec. 775.226.  DIVISION ORDER.  A board order to divide a district must:
(1)  disannex the land of the new district from the existing district contingent on the approval of the creation of the new district at the election held under this subchapter;
(2)  create the new district in accordance with this chapter;
(3)  name the new district; and
(4)  include the metes and bounds description of the territory of the new district and the existing district after disannexation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.227. Administration of Districts After Division

Sec. 775.227.  ADMINISTRATION OF DISTRICTS AFTER DIVISION.  (a)  The existing board continues in existence to govern the territory of the existing district after disannexation.
(b)  If the new district is located wholly in one county, the commissioners court shall appoint a board in the manner described by Section 775.034 not later than the 14th day after the date of the board order dividing the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.228. Taxation for Outstanding Bonded Debt

Sec. 775.228.  TAXATION FOR OUTSTANDING BONDED DEBT.  The disannexation of territory from a district under this subchapter does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or other obligations of that district.  Property disannexed under this subchapter is not released from its pro rata share of any of the district's bonded indebtedness on the date of the disannexation, and the district may continue to tax property in the disannexed territory until that debt is paid as if the territory had not been disannexed.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter I. Division of District › Section 775.229. Further Division Prohibited

Sec. 775.229.  FURTHER DIVISION PROHIBITED.  Once a district has been divided under this subchapter, neither the existing district nor the new district may be divided under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1134 (H.B. 2212), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter J. Surplus and Salvage Property › Section 775.251. Sale and Disposition of Surplus or Salvage Property

Sec. 775.251.  SALE AND DISPOSITION OF SURPLUS OR SALVAGE PROPERTY.  (a)  In this section:
(1)  "Salvage property" means personal property, other than wastepaper, that because of use, time, or accident is so damaged, used, or consumed that it has no value for the purpose for which it was originally intended.
(2)  "Surplus property" means personal property that is in excess of the needs of its owner, that is not required for the owner's foreseeable needs, and that possesses some usefulness for the purpose for which it was intended or for some other purpose.
(3)  "Volunteer fire department" means an association that:
(A)  operates firefighting equipment;
(B)  is organized primarily to provide and actively provides firefighting services;
(C)  does not pay its members compensation other than nominal compensation; and
(D)  does not distribute any of its income to its members, officers, or governing body, other than for reimbursement of expenses.
(b)  Notwithstanding other law, a district may sell surplus firefighting equipment, including equipment described by Sections 419.040 and 419.041, Government Code, to any volunteer fire department or district in this state for fair market value if the equipment:
(1)  met the National Fire Protection Association Standards at the original time of purchase; and
(2)  at the time of the sale:
(A)  meets the National Fire Protection Association Standards in effect at the original time of purchase; or
(B)  meets the National Fire Protection Association Standards in effect.
(c)  A district may contract to supply surplus property to any volunteer fire department or district in this state at fair market value.
(d)  A district may sell salvage property to any person in this state for fair market value.  If a district is unable to sell the property for fair market value, the district may destroy or otherwise dispose of the property as worthless.
(e)  The district may determine the fair market value of surplus and salvage property sold under Subsections (b), (c), and (d).
Redesignated from Health and Safety Code, Subchapter I, Chapter 775 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(31), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter K. Districts in Certain Counties › Section 775.301. Definition

Sec. 775.301.  DEFINITION.  In this subchapter, "commissioners court" means the commissioners court of a county that:
(1)  borders the United Mexican States;
(2)  contains a municipality with a population of more than 500,000; and
(3)  appoints a board of emergency services commissioners under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 21 (S.B. 332), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 111, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter K. Districts in Certain Counties › Section 775.302. Applicability

Sec. 775.302.  APPLICABILITY.  (a)  This subchapter applies only to a district that is located wholly in a county:
(1)  that borders the United Mexican States;
(2)  that contains a municipality with a population of more than 500,000; and
(3)  for which the commissioners court appoints a board of emergency services commissioners under Section 775.034.
(b)  This subchapter controls over a provision of this chapter or other law to the extent of a conflict.
Added by Acts 2013, 83rd Leg., R.S., Ch. 21 (S.B. 332), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 112, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter K. Districts in Certain Counties › Section 775.303. Delegation or Waiver by Commissioners Court

Sec. 775.303.  DELEGATION OR WAIVER BY COMMISSIONERS COURT.  (a)  The commissioners court may adopt a resolution to:
(1)  delegate to the board of a district a duty assigned to the commissioners court under this subchapter that relates to that district; or
(2)  waive a requirement in this subchapter that the commissioners court approve an action of a district.
(b)  A resolution adopted under this section may apply to more than one board or district.
(c)  The commissioners court may by resolution terminate the delegation of a duty or the waiver of an approval requirement.
Added by Acts 2013, 83rd Leg., R.S., Ch. 21 (S.B. 332), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter K. Districts in Certain Counties › Section 775.304. Powers Relating to District Property, Facilities, and Equipment

Sec. 775.304.  POWERS RELATING TO DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.  (a)  The commissioners court may  establish policies and procedures the board must comply with when:
(1)  constructing, purchasing, acquiring, contracting for, leasing, adding to, maintaining, operating, developing, regulating, selling, exchanging, or conveying real or personal property, a property right, equipment, goods, services, a facility, or a system to maintain a building or other facility or to provide a service to or required by the district; or
(2)  providing services through and using public funds for a volunteer fire department or emergency service provider.
(b)  The policies and procedures:
(1)  may include requiring the board to submit to the commissioners court periodic reports on the district's compliance with the policies and procedures;
(2)  must establish the types of transactions, including maximum dollar amounts, the board may make when conducting an activity described by Subsection (a) without the approval of the commissioners court, if any;
(3)  must designate by name, title, or position a person in the county as the primary point of contact between the commissioners court and the board; and
(4)  may not be established until the commissioners court consults with the board.
(c)  This section does not authorize the commissioners court or the board to use real or personal property, a property right, equipment, a facility, or a system to provide a telecommunications service, advanced communications service, or information service as defined by 47 U.S.C. Section 153, or a video service as defined by Section 66.002, Utilities Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 21 (S.B. 332), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter K. Districts in Certain Counties › Section 775.305. Budget

Sec. 775.305.  BUDGET.  (a)  The commissioners court shall establish a schedule for a district to prepare an annual budget, tax rate calculations and notices, and a recommended tax rate and to submit the budget, calculations, notices, and recommendation to the commissioners court for final approval.
(b)  The schedule must take into account requirements of this chapter, Chapter 26, Tax Code, and Section 21, Article VIII, Texas Constitution, applicable to adopting a district tax rate and provide the commissioners court a reasonable amount of time to review the submissions required under Subsection (a).
(c)  The board shall:
(1)  prepare an annual budget and submit the budget to the commissioners court for final approval according to the schedule established under this section; and
(2)  submit to the commissioners court and the county auditor tax rate calculations and notices and a recommended tax rate according to the schedule established under this section.
(d)  If the commissioners court does not approve or deny a budget submitted to the commissioners court under this section before the 31st day after the date the budget is submitted, the commissioners court is considered to have approved the budget.
(e)  If the commissioners court does not approve or deny a tax rate recommended to the commissioners court under this section before the 31st day after the date the recommended tax rate is submitted, the commissioners court is considered to have approved the recommended tax rate and the recommended tax rate is the rate for the year in which the rate is recommended.
Added by Acts 2013, 83rd Leg., R.S., Ch. 21 (S.B. 332), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter K. Districts in Certain Counties › Section 775.306. Business Participation

Sec. 775.306.  BUSINESS PARTICIPATION.  The board shall encourage and promote participation by all sectors of the business community, including small businesses and businesses owned by members of a minority group or by women, in the process by which the district enters into contracts.  The board shall develop a plan for the district to identify and remove barriers that do not have a definite or objective relationship to quality or competence and that unfairly discriminate against small businesses and businesses owned by members of a minority group or by women.  These barriers may include contracting procedures and contract specifications or conditions.
Added by Acts 2013, 83rd Leg., R.S., Ch. 21 (S.B. 332), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.001. Regional Poison Control Centers

Sec. 777.001.  REGIONAL POISON CONTROL CENTERS.  (a)  Six regional centers for poison control are designated as the regional poison control centers for the state as follows:
(1)  The University of Texas Medical Branch at Galveston;
(2)  the Dallas County Hospital District/North Texas Poison Center;
(3)  The University of Texas Health Science Center at San Antonio;
(4)  the University Medical Center of El Paso, El Paso County Hospital District;
(5)  the Texas Tech University Health Sciences Center at Amarillo; and
(6)  Scott and White Memorial Hospital, Temple, Texas.
(b)  The poison control centers shall coordinate poison control activities within the designated health and human services regions for the state.  The Commission on State Emergency Communications shall adopt rules designating the region for each poison control center.  The Commission on State Emergency Communications may adopt rules permitting poison control centers to provide services for regions served by other poison control centers in this state as necessary to maximize efficient use of resources and provide appropriate services in each region.
(c)  The Commission on State Emergency Communications may standardize the operations of and implement management controls to improve the efficiency of regional poison control centers.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 27.01, eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.002. Telephone Services

Sec. 777.002.  TELEPHONE SERVICES.  (a)  A poison control center established by this chapter shall provide a 24-hour toll-free telephone referral and information service for the public and health care professionals according to the requirements of the American Association of Poison Control Centers.
(b)  Each public safety answering point, as that term is defined by Section 771.001, shall have direct telephone access to at least one poison control center.  Regional poison information services may be available directly from the center for the region or from another poison control center but shall be available through all 9-1-1 services in the region, as the term "9-1-1 service" is defined by Section 771.001.  The 9-1-1 service calls pertaining to poisonings may be routed to a poison control answering site, if possible, if the routing does not adversely affect the immediate availability of poisoning management services.
(c)  A poison control center shall ensure that poison control activities within the designated region meet the criteria established by the American Association of Poison Control Centers.  A center may meet the criteria directly or may affiliate with other poison control centers or poison treatment facilities, if possible.  A center shall ensure that treatment facilities and services are available within the region and shall identify and make available to the public and to appropriate health professionals information concerning analytical toxicology, emergency and critical care, and extracorporeal capabilities within the region.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 41, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.003. Community Programs and Assistance

Sec. 777.003.  COMMUNITY PROGRAMS AND ASSISTANCE.  A poison control center shall provide:
(1)  community education programs on poison prevention methods to inform the public, such as presentations to persons attending a primary or secondary school, a parent-teacher association meeting, an employee safety meeting at an industrial company, or other interested groups;
(2)  information and education to health professionals involved in the management of poison and overdose victims, including information regarding appropriate therapeutic use of medications, their compatibility and stability, and adverse drug reactions and interactions;
(3)  professional and technical assistance to state agencies requesting toxicologic assistance;  and
(4)  consultation services concerning medical toxicology, for which a fee may be charged in an amount set by the institution in which the center is located to cover the costs of the service.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.004. Staff

Sec. 777.004.  STAFF.  (a)  A poison control center established under this chapter shall use physicians, pharmacists, nurses, other professionals, and support personnel trained in various aspects of toxicology and poison control and prevention.
(b)  A poison control center shall make available resources, if possible, to accommodate persons who do not speak English.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.005. Research Programs

Sec. 777.005.  RESEARCH PROGRAMS.  (a)  A poison control center may conduct a toxicology poison treatment research program to improve treatments for poisoning victims and to reduce the severity of injuries from poisonings.
(b)  A poison control center may accept grants or contributions from public or private sources to be used for research.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.006. Information at Birth

Sec. 777.006.  INFORMATION AT BIRTH.  The Commission on State Emergency Communications shall assist the regional poison control centers in providing informational packets on poison prevention to parents of newborns.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.007. State Liability

Sec. 777.007.  STATE LIABILITY.  The state shall indemnify a poison control center and an employee of a poison control center under Chapter 104, Civil Practice and Remedies Code.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.008. Coordinating Committee

Sec. 777.008.  COORDINATING COMMITTEE.  (a)  The coordinating committee on poison control shall coordinate the activities of the regional poison control  centers designated under Section 777.001(a) and advise the Commission on State Emergency Communications.
(b)  The committee is composed of:
(1)  one public member appointed by the Commission on State Emergency Communications;
(2)  six members who represent the six regional poison control centers, one appointed by the chief executive officer of each center;
(3)  one member appointed by the commissioner of state health services; and
(4)  one member who is a health care professional designated as the poison control program coordinator appointed by the Commission on State Emergency Communications.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 6, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1574, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.009. Funding

Sec. 777.009.  FUNDING.  (a)  The Commission on State Emergency Communications shall establish a program to award grants to fund the regional poison control centers.
(b)  The Commission on State Emergency Communications shall adopt rules to establish criteria for awarding the grants.  The rules must require the agency to consider:
(1)  the need of the region based on population served for poison control services and the extent to which the grant would meet the identified need;
(2)  the assurance of providing quality services;
(3)  the availability of other funding sources;
(4)  achieving or maintaining certification as a poison control center with the American Association of Poison Control Centers;
(5)  maintenance of effort;  and
(6)  the development or existence of telecommunications systems.
(c)  The Commission on State Emergency Communications may approve grants according to commission rules.  A grant awarded under this section is governed by Chapter 783, Government Code, and the rules adopted under that chapter.
(d)  The Commission on State Emergency Communications may accept gifts or grants from any source for purposes of this chapter.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.010. Out-of-Region Services; Services for Private Entities

Sec. 777.010.  OUT-OF-REGION SERVICES;  SERVICES FOR PRIVATE ENTITIES.  (a)  On approval by and in coordination with the governor, the Commission on State Emergency Communications may enter into a contract for the provision of telephone referral and information services or any program or service described by Section 777.003 to any person, including:
(1)  another state or a political subdivision of another state; and
(2)  another country or a political subdivision of another country.
(b)  The Commission on State Emergency Communications shall contract with one or more regional poison control centers to provide the services required under a contract entered into under Subsection (a).  The commission may not enter into a contract under this subsection if, in the opinion of the commission, the regional poison control center's performance of the contract would result in a diminishment in the services provided in the region.
(c)  A contract described by Subsection (a) must recover the cost of providing the services and may include a reasonable additional amount to support poison control center services in this state.  Revenue from a contract described by Subsection (a) must be deposited to the credit of the regional poison control services account.
Added by Acts 1997, 75th Leg., ch. 41, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 777 - Regional Poison Control Centers › Section 777.011. Regional Poison Control Services Account

Sec. 777.011.  REGIONAL POISON CONTROL SERVICES ACCOUNT.  The regional poison control services account is an account in the general revenue fund.  The account is composed of money deposited to the account under Section 777.010(c).  Money in the account may be appropriated only to the Commission on State Emergency Communications:
(1)  for administration of and payment for contracts entered into under Section 777.010(b); and
(2)  to fund grants awarded under Section 777.009.
Added by Acts 1997, 75th Leg., ch. 41, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 8, eff. September 1, 2009.