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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of board members of certain emergency |
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services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 775.024(c) and (h), Health and Safety |
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Code, are amended to read as follows: |
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(c) If the boards do not make the appointments before the |
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31st day after the date the boards adopted the joint order: |
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(1) for a consolidated district to which Section |
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775.0343, 775.0345, or 775.035 does not apply, the commissioners |
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court shall appoint five commissioners to the board of the |
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consolidated district; or |
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(2) for a consolidated district to which Section |
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775.0343, 775.0345, or 775.035 does apply, the board of the |
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consolidated district is initially composed of the two |
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commissioners from each existing board who have served the longest |
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terms. |
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(h) For a consolidated district to which Section 775.0343, |
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775.0345, or 775.035 applies, the initial commissioners of the |
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consolidated district serve until the next available uniform |
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election date after the date the joint order is adopted and that |
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allows sufficient time to comply with other requirements of law. |
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After an election is held under Section 775.0343, 775.0345, or |
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775.035: |
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(1) the two commissioners who receive the fewest votes |
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of the elected commissioners serve terms ending on December 31 of |
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the second year following the year in which the election is held; |
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and |
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(2) the remaining elected commissioners serve terms |
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ending on December 31 of the fourth year following the year in which |
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the election is held. |
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SECTION 2. The heading to Section 775.034, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 775.034. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS |
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[DISTRICT] LOCATED WHOLLY IN ONE COUNTY. |
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SECTION 3. Section 775.034(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) This section does not apply to a district located wholly |
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in a county: |
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(1) with a population of more than [three million; |
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[(2) with a population of more than] 200,000 [that |
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borders Lake Palestine]; or |
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(2) [(3)] with a population of less than 200,000 that |
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borders another state and the Gulf Intracoastal Waterway. |
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SECTION 4. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0343 to read as follows: |
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Sec. 775.0343. ELECTION OF BOARD FOR DISTRICTS IN POPULOUS |
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COUNTIES. (a) This section applies only to a district that is |
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located wholly in one county with a population of more than 200,000. |
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This section does not apply to a district described by Section |
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775.0345(a). |
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(b) The governing body of a district consists of a |
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five-person board of emergency services commissioners elected at |
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large from the district as prescribed by this section. Emergency |
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services commissioners serve staggered four-year terms. |
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(c) After a district is created, the county judge shall |
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establish a convenient day provided by Section 41.001, Election |
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Code, to conduct an election to elect the initial emergency |
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services commissioners. |
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(d) To be eligible to be a candidate for emergency services |
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commissioner, a person must be at least 18 years of age and a |
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resident of the district. |
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(e) A candidate for emergency services commissioner on an |
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initial board must give the voter registrar of the county a sworn |
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notice of the candidate's intention to run for office. The notice |
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must state the person's name, age, and address and state that the |
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person is serving notice of intent to run for emergency services |
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commissioner. On receipt of the notice, the voter registrar of the |
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county shall have the candidate's name placed on the ballot. |
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(f) The voter registrar of the county shall appoint an |
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election judge to certify the results of the election. |
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(g) After the election is held, the voter registrar or |
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deputy registrar of the county shall prepare a sworn statement of |
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the election costs incurred by the county. The statement shall be |
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given to the newly elected board, which shall order the appropriate |
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official to reimburse the county for the county's election costs. |
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(h) The initial emergency services commissioners' terms of |
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office begin 30 days after canvassing of the election results. The |
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two commissioners who received the fewest votes serve a term that |
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expires on January 1 of the third year following the year in which |
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the election was held. The other emergency services commissioners |
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serve terms that expire on January 1 of the fifth year following the |
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year in which the election was held. |
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(i) The board shall hold the general election for the |
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appropriate number of commissioners in each even-numbered year on |
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the November uniform election date under Section 41.001, Election |
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Code. |
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(j) Subchapter C, Chapter 146, Election Code, applies to a |
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write-in candidate for emergency services commissioner under this |
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section in the same manner it applies to a write-in candidate for a |
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city office under that subchapter. |
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SECTION 5. Section 775.0445(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This section applies only to a district located wholly |
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in a county: |
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(1) with a population of 200,000 or more [than three |
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million; |
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[(2) with a population of more than 200,000 that |
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borders Lake Palestine]; or |
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(2) [(3)] with a population of less than 200,000 that |
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borders another state and the Gulf Intracoastal Waterway. |
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SECTION 6. Section 775.301, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 775.301. DEFINITION. In this subchapter, |
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"commissioners court" means the commissioners court of a county |
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that borders the United Mexican States and [,] has a population of |
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more than 800,000[, and appoints a board of emergency services |
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commissioners under this chapter]. |
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SECTION 7. Section 775.302(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) This subchapter applies only to a district that is |
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located wholly in a county that borders the United Mexican States |
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and[,] that has a population of more than 800,000[, and for which |
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the commissioners court appoints a board of emergency services |
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commissioners under Section 775.034]. |
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SECTION 8. (a) The changes in law made by this Act do not |
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affect the entitlement of a member of a board of emergency services |
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commissioners serving on the board immediately before the effective |
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date of this Act to continue to carry out the board's functions for |
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the remainder of the member's term of appointment. |
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(b) This Act does not prohibit a person who is a member of a |
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board of emergency services commissioners on the effective date of |
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this Act and who was appointed under Section 775.034, Health and |
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Safety Code, from running for election to the board if the person |
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has the qualifications required for a member under Section |
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775.0343, Health and Safety Code, as added by this Act. |
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(c) A person serving as an appointed member of a board of |
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emergency services commissioners on the effective date of this Act |
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shall continue to serve until the election and qualification of a |
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new commissioner for that position. |
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(d) In 2024, the board of directors of an emergency services |
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district to which Section 775.0343, Health and Safety Code, as |
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added by this Act, applies shall hold an election to replace those |
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appointed commissioners whose terms expire January 1, 2025. A |
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commissioner elected under this subsection serves a term that |
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begins January 1, 2025, and expires 30 days after the canvassing of |
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the results of the initial general election for commissioners held |
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in November 2026 under Section 775.0343(i), Health and Safety Code, |
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as added by this Act. |
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(e) In 2025, the board of directors of an emergency services |
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district to which Section 775.0343, Health and Safety Code, as |
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added by this Act, applies shall hold an election to replace those |
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appointed commissioners whose terms expire January 1, 2026. A |
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commissioner elected under this subsection serves a term that |
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begins January 1, 2026, and expires 30 days after the canvassing of |
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the results of the initial general election for commissioners held |
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in November 2028 under Section 775.0343(i), Health and Safety Code, |
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as added by this Act. |
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(f) An emergency services commissioner elected to replace a |
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commissioner elected under Subsection (d) or (e) of this section |
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serves a four-year term as provided by Section 775.0343(b), Health |
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and Safety Code, as added by this Act. |
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SECTION 9. This Act takes effect June 1, 2024. |