79R7925 MSE-D

By:  Averitt                                                      S.B. No. 1509


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.