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.