79R7925 MSE-D

By:  Pitts                                                        H.B. No. 2548



A BILL TO BE ENTITLED

AN ACT

relating to the election of emergency services districts boards.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 775.035, Health and 
Safety Code, is amended to read as follows:
	Sec. 775.035.  ELECTION OF BOARD [IN DISTRICT LOCATED IN 
MORE THAN ONE COUNTY].
	SECTION 2.  Sections 775.035(a)-(c), Health and Safety Code, 
are amended to read as follows:
	(a)  The governing body of a district [located in more than 
one county] consists of a five-person board of emergency services 
commissioners elected as prescribed by this section. Except as 
provided by Subsection (g), emergency services commissioners serve 
two-year terms.
	(b)  After a district [located in more than one county] is 
created, the county judges of each county in the district shall 
mutually establish a convenient day provided by Section 41.001, 
Election Code, to conduct an election to elect the initial 
emergency services commissioners.  In a single-county district, the 
county judge shall order the election to be held on the same date as 
the county's precinct elections.
	(c)  To be eligible to be a candidate for emergency services 
commissioner [of a district located in more than one county], a 
person must be at least 18 years of age and a resident of the 
district.
	SECTION 3.  The heading to Section 776.034, Health and 
Safety Code, is amended to read as follows:
	Sec. 776.034.  ELECTION OF BOARD [IN DISTRICT LOCATED IN 
MORE THAN ONE COUNTY].
	SECTION 4.  Sections 776.034(a)-(c), Health and Safety Code, 
are amended to read as follows:
	(a)  The governing body of a district [located in more than 
one county] consists of a five-person board of emergency 
commissioners elected as prescribed by this section.  Except as 
provided by Subsection (g), an emergency commissioner serves a 
two-year term.
	(b)  After a district [located in more than one county] is 
created, the county judges of each county in the district shall 
mutually establish a convenient day provided by Section 41.001, 
Election Code [in November, other than the date of the general 
election for state and county officers], to conduct an election to 
elect the initial emergency commissioners.  In a single-county 
district, the county judge shall order the election to be held on 
the same date as the county's precinct elections.
	(c)  To be eligible as a candidate for emergency commissioner 
of a district [located in more than one county], a person must be at 
least 18 years of age and a resident of the district.
	SECTION 5.  Sections 775.034 and 776.033, Health and Safety 
Code, are repealed.
	SECTION 6.  (a)  The changes in law made by this Act do not 
affect the entitlement of a commissioner of a board of emergency 
services commissioners serving on the board immediately before the 
effective date of this Act to continue to carry out the board's 
functions for the remainder of the commissioner's term.
	(b)  This Act does not prohibit a person who is a 
commissioner on the effective date of this Act from running for 
election to the board if the person has the qualifications required 
for a member under Section 775.035 or 776.034, Health and Safety 
Code, as amended by this Act.
	(c)  A person serving as an appointed member of a board of 
emergency services commissioners on the effective date of this Act 
shall continue to serve until the election and qualification of a 
new commissioner for that position.
	(d)  In 2006, the county judge of a single-county emergency 
services district shall establish an election as required by 
Section 775.035 or 776.034, Health and Safety Code, as amended by 
this Act, to replace a commissioner appointed before the effective 
date of this Act as near as practicable to the date of the 
expiration of the appointed commissioner's term.
	(e)  In 2007, the county judge shall repeat the procedures 
described by Subsection (d) of this section for the remaining 
appointed commissioners.
	SECTION 7.  This Act takes effect September 1, 2005.