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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of board members in emergency services |
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districts located wholly in certain less populous counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 776, Health and Safety |
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Code, is amended by adding Sections 776.0335 and 776.0336 to read as |
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follows: |
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Sec. 776.0335. ELECTION OF BOARD IN DISTRICT LOCATED IN ONE |
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COUNTY. (a) This section applies only to a county that borders or |
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contains a portion of the Neches River, the Sabine River, and Sabine |
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Lake. |
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(b) The governing body of a district converted under Section |
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776.0336 and wholly located in the county consists of a five-person |
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board of emergency commissioners elected at large as prescribed by |
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this section. Except as provided by Subsection (f), an emergency |
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commissioner serves a two-year term. |
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(c) After the district is converted, the county judge may
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order an election to elect the initial emergency commissioners at |
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the next available uniform election date that allows sufficient |
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time to comply with other requirements of law. |
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(d) To be eligible as a candidate for emergency commissioner |
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for the district, a person must be at least 18 years of age and a |
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resident of the district. |
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(e) A candidate for emergency commissioner must give the |
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county clerk a sworn notice of the candidate's intention to run for |
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office. The notice must state the person's name, age, and address |
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and state that the person intends to run for emergency |
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commissioner. On receipt of the notice, the county clerk shall have |
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the candidate's name placed on the ballot. |
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(f) The two initial emergency commissioners who received |
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the fewest votes serve one-year terms. The other commissioners |
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serve two-year terms. |
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(g) After the election is held, the county clerk or the |
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clerk's deputy shall prepare a sworn statement of the election |
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costs incurred by the county. The statement shall be given to the |
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newly elected board, which shall order the appropriate official to |
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reimburse the county for the county's election costs. |
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(h) The general election for commissioner shall be held |
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annually on an authorized election date as provided by Chapter 41, |
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Election Code. |
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Sec. 776.0336. CONVERSION OF APPOINTED BOARD TO ELECTED |
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BOARD. (a) This section applies only to a county that borders or |
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contains a portion of the Neches River, the Sabine River, and Sabine |
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Lake. |
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(b) A board by resolution may convert to an elected board |
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under Section 776.0335. |
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(c) An emergency services commissioner serving on the board |
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immediately before the date of the resolution continues to carry |
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out the board's functions until the election and qualification of a |
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new commissioner for that position. |
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(d) This section does not prohibit a person who is a |
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commissioner on the date of the resolution from running for |
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election to the board if the person has the qualifications required |
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for a member under Section 776.0335. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |