By Bailey                                             H.B. No. 2454

         Substitute the following for H.B. No. 2454:

         By Kamel                                          C.S.H.B. No. 2454

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the election of certain boards of emergency services

 1-3     commissioners.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 775, Health and Safety

 1-6     Code, is amended by adding Section 775.0345 to read as follows:

 1-7           Sec. 775.0345.  ELECTION OF BOARD IN DISTRICT LOCATED WHOLLY

 1-8     IN CERTAIN COUNTIES WITH POPULATION OF 2,800,000 OR MORE.  (a)  The

 1-9     governing body of a district that is located wholly in a county

1-10     that has a population of 2,800,000 or more and that includes at

1-11     least part of four or more rural fire prevention districts consists

1-12     of a five-person board of emergency services commissioners elected

1-13     at large as provided by this section.  The emergency services

1-14     commissioners serve two-year terms.

1-15           (b)  After a district located wholly in a county that has a

1-16     population of 2,800,000 or more and that includes at least part of

1-17     four or more rural fire prevention districts is created, an

1-18     election shall be held on the first Tuesday after the first Monday

1-19     in November of an odd-numbered year to elect the initial emergency

1-20     services commissioners.  A candidate in the initial election must

1-21     file with the county clerk not later than the 45th day before

1-22     election day an application for a place on the ballot.  The county

1-23     shall conduct the initial election for the district.  The district

1-24     shall reimburse the county for the expenses of the election after

 2-1     the initial board takes office.

 2-2           (c)  The initial emergency services commissioners' terms of

 2-3     office begin on January 1 of the year following the election.

 2-4           (d)  The general election for commissioners shall be held on

 2-5     the first Tuesday after the first Monday in November of

 2-6     odd-numbered years.  An application for a place on the ballot must

 2-7     be filed with the secretary of the board not later than the 45th

 2-8     day before election day.

 2-9           (e)  A vacancy in the office of commissioner shall be filled

2-10     for the unexpired term by appointment by the remaining

2-11     commissioners.

2-12           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-13           (b)  An election shall be held in each emergency services

2-14     district located wholly in a county that has a population of

2-15     2,800,000 or more and that includes at least part of four or more

2-16     rural fire prevention districts on November 4, 1997, to elect the

2-17     emergency services commissioners for the district. The board of

2-18     emergency services commissioners appointed for the district is

2-19     abolished, except that the appointed commissioners shall serve

2-20     until the elected commissioners take office.  The initial election

2-21     replacing the appointed board with an elected board shall be

2-22     conducted and the terms of initial commissioners determined in

2-23     accordance with the provisions governing an initial election under

2-24     Section 775.0345, Health and Safety Code, as added by this Act,

2-25     except that the initial election is conducted by the district

2-26     instead of the county.

2-27           SECTION 3.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.