By Bailey H.B. No. 2454
75R5805 MCK-D
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 COUNTY WITH POPULATION OF 2,800,000 OR MORE. (a) The governing
1-9 body of a district located wholly in a county with a population of
1-10 2,800,000 or more consists of a five-person board of emergency
1-11 services commissioners elected at large as provided by this
1-12 section. Except as provided by Subsection (c), the emergency
1-13 services commissioners serve two-year terms.
1-14 (b) After a district located wholly in a county with a
1-15 population of 2,800,000 or more is created, an election shall be
1-16 held on the first Tuesday after the first Monday in November to
1-17 elect the initial emergency services commissioners. A candidate in
1-18 the initial election must file with the county clerk not later than
1-19 the 45th day before election day an application for a place on the
1-20 ballot. The county shall conduct the initial election for the
1-21 district. The district shall reimburse the county for the expenses
1-22 of the election after the initial board takes office.
1-23 (c) The initial emergency services commissioners' terms of
1-24 office begin on January 1 of the year following the election. The
2-1 three commissioners who receive the highest number of votes serve
2-2 two-year terms. The remaining emergency services commissioners
2-3 serve one-year terms.
2-4 (d) The general election for commissioners shall be held
2-5 annually on the first Tuesday after the first Monday in November.
2-6 An application for a place on the ballot must be filed with the
2-7 secretary of the board not later than the 45th day before election
2-8 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. Section 41.003, Election Code, is amended to read
2-13 as follows:
2-14 Sec. 41.003. AUTHORIZED NOVEMBER ELECTIONS IN EVEN-NUMBERED
2-15 YEAR. Only the following elections may be held on the date of the
2-16 general election for state and county officers:
2-17 (1) a general or special election for officers of the
2-18 federal, state, or county government;
2-19 (2) a general or special election of officers of a
2-20 general-law city if the city's governing body determines that the
2-21 religious beliefs of more than 50 percent of the registered voters
2-22 of the city prohibit voting on Saturday;
2-23 (3) a general or special election of officers of a
2-24 home-rule city with a population under 30,000, if before 1975 the
2-25 general election of the city's officers was held on that date in
2-26 even-numbered years;
2-27 (4) an election on a proposed amendment to the state
3-1 constitution or on another statewide measure submitted by the
3-2 legislature;
3-3 (5) a countywide election on a measure that is ordered
3-4 by a county authority and that affects county government;
3-5 (6) an election on a measure submitted by order of an
3-6 authority of a city described by Subdivision (2) or (3);
3-7 (7) a commissioners' election of a self-liquidating
3-8 navigation district held under Section 63.0895, Water Code; [and]
3-9 (8) an election on a proposed home-rule school
3-10 district charter or on a proposed amendment to a home-rule school
3-11 district charter that is held under Section 12.019 or 12.020,
3-12 Education Code; and
3-13 (9) a commissioners' election of an emergency services
3-14 district held under Section 775.0345, Health and Safety Code.
3-15 SECTION 3. (a) This Act takes effect September 1, 1997.
3-16 (b) An election shall be held in each emergency services
3-17 district located wholly in a county with a population of 2,800,000
3-18 or more on November 4, 1997, to elect the emergency services
3-19 commissioners for the district. The board of emergency services
3-20 commissioners appointed for the district is abolished, except that
3-21 the appointed commissioners shall serve until the elected
3-22 commissioners take office. The initial election replacing the
3-23 appointed board with an elected board shall be conducted and the
3-24 terms of initial commissioners determined in accordance with the
3-25 provisions governing an initial election under Section 775.0345,
3-26 Health and Safety Code, as added by this Act, except that the
3-27 initial election is conducted by the district instead of the
4-1 county.
4-2 SECTION 4. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.