Title HS, Health and Safety Code

Sec. 775.071. LIMITATION ON INDEBTEDNESS. (a) Except as provided by Subsection (b), a district may not contract for an amount of indebtedness in any one year that is in excess of the funds then on hand and anticipated revenues for the year. (b) This section does not apply to Sect…

Sec. 775.072. DEPOSITORIES. (a) The board shall designate one or more banks to serve as depositories for district funds. (b) The board shall deposit all district funds in a depository bank, except that the board: (1) may deposit funds pledged to pay bonds or notes with banks name…

Sec. 775.073. EXPENDITURES. (a) Except as otherwise provided by this section, district funds may be disbursed only by check, draft, order, or other instrument that: (1) is signed by at least a majority of the board's commissioners; or (2) is signed by the treasurer, or by the ass…

Sec. 775.0735. DISPOSITION OF PROPERTY. (a) The district may dispose of property owned by the district only by: (1) selling the property to a third party following the procedures authorized under Section 263.001, 263.007, or 263.008, Local Government Code; (2) selling or disposin…

Sec. 775.074. AD VALOREM TAX. (a) The board shall annually impose an ad valorem tax on all real and personal property located in the district and subject to district taxation for the district's support and the purposes authorized by this chapter. (b) If a district issues bonds or…

Sec. 775.0745. ELECTION TO INCREASE TAX RATE. (a) If the board decides to increase the maximum tax rate of the district to any rate at or below the rate allowed by this chapter or Section 48-e, Article III, Texas Constitution, the board must order an election to authorize the inc…

Sec. 775.075. REDUCTION OF AD VALOREM TAX RATE. (a) The qualified voters of a district may petition in the manner provided by Sections 775.052 through 775.054 for dissolution of a district to reduce the ad valorem tax rate of the district. (b) The petition must state the new tax …

Sec. 775.0751. SALES AND USE TAX. (a) A district may adopt a sales and use tax, change the rate of its sales and use tax, or abolish its sales and use tax at an election held as provided by Section 775.0752. The district may impose the tax at a rate from one-eighth of one percent…

Sec. 775.0752. SALES AND USE TAX ELECTION PROCEDURES. (a) Except as otherwise provided by this subchapter, an election to adopt or abolish a district's sales and use tax or to change the rate of the tax is governed by the provisions of Subchapter E, Chapter 323, Tax Code, applica…

Sec. 775.0753. SALES AND USE TAX EFFECTIVE DATE; BOUNDARY CHANGE. (a) The adoption or abolition of the tax or change in the tax rate takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after t…

Sec. 775.0754. SALES AND USE TAX AGREEMENT WITH MUNICIPALITY AFTER ANNEXATION. (a) This section applies when: (1) a municipality annexes for full purposes part of a district that imposes a sales and use tax; and (2) the annexed area is not removed from the district. (b) The munic…

Sec. 775.076. BONDS AND NOTES AUTHORIZED. (a) The board may issue bonds and notes as prescribed by this chapter to perform any of its powers. (a-1) Before the board may issue bonds or notes authorized by this section, the commissioners court of each county in which the district i…

Sec. 775.077. ELECTION TO APPROVE BONDS AND NOTES. (a) A district may not authorize bonds and notes secured in whole or in part by taxes unless a majority of the district's qualified voters who vote at an election ordered for that purpose approve the issuance of the bonds and not…

Sec. 775.078. BOND ANTICIPATION NOTES. (a) A district may issue bond anticipation notes from time to time to carry out one or more of its powers. (b) The bond anticipation notes may be secured by a pledge of all or part of the district's ad valorem taxes and revenues, income, or …

Sec. 775.082. AUDIT OF DISTRICT IN LESS POPULOUS COUNTIES. (a) The county auditor of a county that contains any part of the district shall have access to the books, records, officials, and assets of the district. (b) A district shall prepare and file with the commissioners court …

Sec. 775.0821. ALTERNATIVE TO AUDIT OF DISTRICT IN LESS POPULOUS COUNTIES. (a) This section applies only to a district to which Section 775.082 applies that: (1) did not have any outstanding bonds secured by ad valorem taxes or any outstanding liabilities secured by ad valorem ta…

Sec. 775.0825. AUDIT OF DISTRICT IN CERTAIN POPULOUS COUNTIES. (a) This section applies only to a district located wholly in a county with a population of more than three million. (b) A district shall prepare on or before July 1 of each year an audit of the district's fiscal acco…

Sec. 775.083. ANNUAL REPORT. (a) On or before January 1 of each year, a district shall file with the Texas Division of Emergency Management an annual report that includes the following: (1) the district's name; (2) the name of each county in which the district is located; (3) the…

Sec. 775.084. COMPETITIVE BIDS. (a) Except as provided by Subsection (i), the board must submit to competitive bids an expenditure of more than $100,000 for: (1) one item or service; or (2) more than one of the same or a similar type of item or service in a fiscal year. (b) The b…

Sec. 775.085. LOAN FOR REAL PROPERTY OR EMERGENCY SERVICES EQUIPMENT. (a) The board, on the behalf of the district, may borrow money and make other financial arrangements to purchase real property or emergency services equipment or construct emergency services facilities in the a…

Sec. 775.101. CREATION. (a) A district may create the office of district fire marshal if a county in which the district is located does not have a county fire marshal. (b) The district shall appoint an individual to serve in the office of fire marshal. Added by Acts 2001, 77th Le…

Sec. 775.102. TERM. The fire marshal serves a two-year term. Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.

Sec. 775.1025. CERTIFICATION REQUIREMENTS FOR DISTRICTS LOCATED IN CERTAIN COUNTIES. (a) This section applies only to a district wholly located in a county with a population of 100,000 or more. (b) The fire marshal shall hold the following certifications issued by the Texas Commi…

Sec. 775.103. BOND. The fire marshal shall post a bond in the amount required by the district and conditioned on the faithful and strict performance of the fire marshal's duties under this subchapter. Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.

Sec. 775.104. CONFLICT OF INTEREST. The fire marshal may not: (1) have a direct or indirect financial interest in the sale of fire-fighting equipment; or (2) be engaged in the business of fire insurance. Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.

Sec. 775.105. ADMINISTRATIVE SUPPORT. The district may provide facilities, equipment, transportation, employees, and other services and assistance to the fire marshal, including investigators. Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.

Sec. 775.106. JURISDICTION. (a) Except as provided by Section 775.107 or 775.115, the fire marshal may not exercise the powers granted under this subchapter in: (1) the territory of a municipality that has a municipal fire marshal; or (2) the territory of a county that has a coun…

Sec. 775.107. TRANSFER OF JURISDICTION. (a) This section applies if: (1) a county in which a district is located creates a county fire marshal under Subchapter B, Chapter 352, Local Government Code; or (2) a municipality located in the district creates a municipal fire marshal. (…

Sec. 775.108. GENERAL POWERS AND DUTIES. The fire marshal shall: (1) investigate the cause, origin, and circumstances of each fire that damages property; (2) determine whether the fire was caused by negligent or intentional conduct; and (3) enforce all state, county, and district…

Sec. 775.109. INVESTIGATIONS. (a) The fire marshal shall begin an investigation within 24 hours after notification of a fire. The 24-hour period does not include Sunday. (b) The fire marshal may investigate attempted fires. Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sep…

Sec. 775.110. INSPECTION. (a) The fire marshal may, at any time of day, enter and inspect: (1) property where a fire has occurred; and (2) property adjacent to where a fire occurred. (b) The fire marshal shall conduct this inspection in a manner least inconvenient to any persons …

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 dila…

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 o…

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 w…

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, in…

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 …

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 w…

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.

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 …

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 misdemeano…

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," "to…

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, Se…

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…

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. SUBCHAPTER H. CHANGE IN BOUNDARIES OF DISTRICT WITH PLANNED CO…

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 part…

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 agreemen…