Senate Committee on Local Government members heard testimony on Senate Bill 628, which would clarify that a county commissioners court may contract with an emergency service district (ESD) to administer and enforce a county fire code and may delegate that authority by interlocal agreement, including agreements covering ESDs that span multiple counties.
The bill’s sponsor, Senator Judith Zaffirini, told the committee the change addresses an ‘‘ambiguity’’ in current law that has produced duplicate fees for developers and jurisdictional disputes. The committee substitute was offered to add flexibility for interlocal agreements that cross county lines.
Jeremy Trahan, representing Travis County ESD No. 11, said his district spans three counties and that the ambiguity has produced duplicated enforcement and costs to the public. ‘‘This bill would permit the ESD and the county to enter into an ILA to address this issue, which would be more efficient and cost effective for the public,’’ Trahan said. Gary Howell, Travis County Fire Marshal, told the committee the measure is voluntary for counties and ‘‘streamlines the development process in areas where multiple fire codes exist.’’ Susan Spataro testified in support on her own behalf, calling it ‘‘a good government bill’’ that would save money and speed processes.
Committee staff reported a committee substitute had been filed and Senator Cook sent up that substitute. After public testimony, the committee closed the record and left the committee substitute to SB 628 pending subject to call of the chair.
The bill does not change whether a county must have a county fire marshal or the substantive standards of county or municipal fire codes; it would only clarify contracting authority and the scope of interlocal agreements. Questions from senators focused on which jurisdictions would be affected and whether the delegation would be mandatory (witnesses emphasized agreements would be voluntary at the county level). The committee did not take a final vote; the substitute was left pending.