BWH C.S.H.B. 2454 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 2454
By: Bailey
4-10-97
Committee Report (Substituted)



BACKGROUND 

 In Harris County, allegations of mismanagement have been levelled against
a board of emergency services commissioners. Citizens within the district
are concerned about the quality of services, yet they are offered no
recourse. Under state law, boards of emergency service districts in Harris
County are appointed by county commissioners, who have no additional
authority or oversight of the districts.  
 House Bill 2454 would allow residents within emergency service districts
in Harris County to elect board members, thereby creating a mechanism by
which board members may be held accountable to the public they serve. 

PURPOSE

House Bill 2454 would allow for the election of boards of emergency
services commissioners in Harris County. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 775, Health and Safety Code, by
adding Section 775.0345 to read as follows: 

 Sec. 775.0345. ELECTION OF BOARD IN DISTRICT LOCATED WHOLLY IN COUNTY
WITH POPULATION OF 2,800,000 OR MORE. 

 (a) States that the governing body of a district in a county with a
population of 2.8 million or more and includes at least part of four or
more rural fire prevention districts consists of a fiveperson board of
emergency services commissioners elected at large.  
 (b) States that after the district is created, an election shall be held
on the first Tuesday after the first Monday in November of an odd-numbered
year to elect the initial emergency services commissioners. 
 (c) States that the initial emergency services commissioners' terms begin
January 1 of the year following the election. 
 (d) States that the general election for commissioners shall be held
annually on the first Tuesday after the first Monday in November of
odd-numbered years. 
 (e) States that a vacancy in the office of commissioner shall be filled
for the unexpired term by appointment by the remaining commissioners. 

SECTION 2. (a) This act takes effect September 1, 1997.
 
 (b) Election shall be held in each emergency services district located
wholly in a county with a population of 2.8 million or more on November 4,
1997. The board of emergency services commissioners appointed for the
district is abolished, except that the appointed commissioners shall serve
until the elected commissioners take office. The initial election is
conducted by the  district rather than the county. 

SECTION 3. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 2454 makes the following changes to SECTION 1 of the original:
 1) The heading for Section 775.0345 is amended to add "CERTAIN";
 2) Subsections (a) and (b) are amended to add that the district must
include "at least part of four or more rural fire prevention districts"; 
 3) Subsections (b) and (d) are amended to add that the election takes
place on an oddnumbered year; 
 4)  Subsection (c) is amended by striking the language which staggers the
terms of the commissioners; and 
 5) Strikes SECTION 2 of the original, and renumbers the following
SECTIONS accordingly.