Garcia Bill Makes 250-Bed Custodial Facilities Prove Fire, Ambulance Capacity

The text as introduced · 805 words

90R4052 DNC-D

By: Garcia of Bexar
H.B. No. 478

A BILL TO BE ENTITLED

AN ACT

relating to local governmental review of emergency services

capacity assessments for large custodial facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 11, Local Government Code, is

amended by adding Chapter 366 to read as follows:

CHAPTER 366. EMERGENCY SERVICES CAPACITY ASSESSMENT FOR LARGE

CUSTODIAL FACILITIES

Sec. 366.001. DEFINITION. In this chapter, "large

custodial facility" means a facility designed or used to confine,

detain, house under secure custody, or otherwise maintain

continuous physical custody or supervision of 250 or more

individuals.

Sec. 366.002. PROCEDURES FOR EMERGENCY SERVICES CAPACITY

ASSESSMENT AND DETERMINATION. (a) The governing body of a

municipality for an area located in the municipality and the

commissioners court of a county for an area located in the

unincorporated area of the county shall establish a procedure to

require a person who proposes to operate or substantially expand a

large custodial facility in the area to obtain an emergency

services capacity assessment from the municipality, county,

emergency services district, or other local governmental entity

primarily responsible for providing fire protection and emergency

medical services to the facility.

(b) A procedure established under this section must:

(1) require an assessment to include the information

described by Section 366.003;

(2) require the local governmental entity performing

the assessment to:

(A) determine, based on objective criteria,

whether sufficient emergency services capacity exists to serve the

facility; and

(B) identify specific deficiencies that support

a determination that sufficient capacity does not exist;

(3) provide for public notice;

(4) provide deadlines that provide sufficient time for

an operator to submit and the local governmental entity to review

information necessary to complete the assessment;

(5) include a procedure to resolve a dispute over a

local governmental entity's determination of whether sufficient

capacity exists;

(6) exempt a temporary facility established in

connection with a declared disaster;

(7) prohibit a person proposing to operate or

substantially expand a large custodial facility from evading the

assessment requirement under this chapter by opening a facility in

stages, characterizing construction as expansion of an existing

facility, changing the operator of a facility, or incrementally

increasing the capacity of a facility;

(8) specify the appropriate local governmental entity

that has the authority to review the emergency services capacity

assessment for:

(A) fire protection services; and

(B) emergency medical services; and

(9) require review by only one local governmental

entity for fire protection services and only one local governmental

entity for emergency medical services.

Sec. 366.003. CONTENTS OF EMERGENCY SERVICES CAPACITY

ASSESSMENT. An emergency services capacity assessment required

under Section 366.002 must consider:

(1) projected fire protection and emergency medical

services call volume;

(2) anticipated ambulance and emergency transport

demand;

(3) anticipated effects on emergency response times;

(4) required staffing levels and emergency response

apparatus;

(5) fire suppression and rescue capacity;

(6) emergency access and evacuation requirements;

(7) hazardous materials and mass casualty response

capabilities;

(8) anticipated reliance on mutual aid agreements; and

(9) additional personnel, equipment, facilities,

infrastructure, or other resources reasonably necessary to

adequately serve the large custodial facility that is the subject

of the assessment.

Sec. 366.004. REQUIREMENTS TO OPERATE OR EXPAND FACILITY.

(a) A person may not operate or substantially expand a large

custodial facility unless:

(1) the appropriate local governmental entity

determines under an emergency services capacity assessment

required under Section 366.002 that sufficient emergency services

capacity exists to serve the facility; or

(2) the person enters into and complies with an

agreement to mitigate the identified deficiency in emergency

services capacity in accordance with Section 366.005.

(b) This chapter does not authorize a municipality or county

to prohibit a person from operating or substantially expanding a

large custodial facility if the person satisfies Subsection (a).

Sec. 366.005. MITIGATION AGREEMENT. A mitigation agreement

described by Section 366.004 must:

(1) identify the specific deficiencies in emergency

services capacity that the agreement addresses;

(2) include an enforcement mechanism; and

(3) provide for:

(A) options for funding additional personnel or

facilities attributable to the facility's impact;

(B) dedicated on-site emergency response

capabilities;

(C) options for contracting supplemental fire

protection or emergency medical services;

(D) construction necessary for emergency-access

infrastructure;

(E) participation in mutually agreed upon

capital improvements; or

(F) other measures that adequately address the

identified deficiencies.

Sec. 366.006. ENFORCEMENT. A municipality or county may

bring an action against a person who violates this chapter for

appropriate equitable relief.

SECTION 2. (a) Not later than December 1, 2027, each

municipality and county shall establish procedures to implement

Chapter 366, Local Government Code, as added by this Act.

(b) Notwithstanding Chapter 366, Local Government Code, as

added by this Act, a person is not required to comply with that

chapter until January 1, 2028.

SECTION 3. This Act takes effect September 1, 2027.