BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1438

                                                                                                                                           By: Madla

Intergovernmental Relations

3/31/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

The commissioners court of a county in which a single-county emergency services district (ESD) is located has the authority to appoint a five-member ESD board to serve as the district's governing body.  While the commissioners court has the authority to appoint members, and fill vacancies, it lacks the authority to remove members.  As proposed, S.B. 1438 allows the commissioners court to remove a member of an ESD board and then fill that vacancy. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 775.034, Health and Safety Code, by adding Subsection (h), to authorize the commissioners to remove a member of an emergency services district board who was appointed by the commissioners court.  Requires the commissioners court to fill that vacancy on the board for the remainder of the unexpired term.  

SECTION 2.  Effective date: upon passage or September 1, 2005.