By Bailey                                             H.B. No. 1317
         76R3737 CMR-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 2.8 MILLION 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 2.8 million 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 2.8 million or more and that includes at least part
1-17     of 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, 1999.
2-13           (b)  An election shall be held on November 2, 1999, to elect
2-14     the emergency services commissioners for each emergency services
2-15     district located wholly in a county that has a population of 2.8
2-16     million or more and that includes at least part of four or more
2-17     rural fire prevention districts.  The board of emergency services
2-18     commissioners appointed for the district is abolished, except that
2-19     the appointed commissioners shall serve until the elected
2-20     commissioners take office.  The initial election replacing the
2-21     appointed board with an elected board shall be conducted and the
2-22     terms of initial commissioners determined in accordance with the
2-23     provisions governing an initial election under Section 775.0345,
2-24     Health and Safety Code, as added by this Act, except that the
2-25     initial election is conducted by the district instead of the
2-26     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.