80R5455 MXM-D
 
  By: Hamilton H.B. No. 1819
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the election of board members in emergency services
districts located wholly in a less populous county.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 776, Health and Safety
Code, is amended by adding Sections 776.0335 and 776.0336 to read as
follows:
       Sec. 776.0335.  ELECTION OF BOARD IN DISTRICT LOCATED IN ONE
COUNTY. (a)  The governing body of a district converted under
Section 776.0336 and wholly located in one county consists of a
five-person board of emergency commissioners elected at large as
prescribed by this section. Except as provided by Subsection (e),
an emergency commissioner serves a two-year term.
       (b)  After the district is converted, the county judge shall
order an election to elect the initial emergency commissioners at
the next available uniform election date that allows sufficient
time to comply with other requirements of law.
       (c)  To be eligible as a candidate for emergency commissioner
for the district, a person must be at least 18 years of age and a
resident of the district.
       (d)  A candidate for emergency commissioner must give the
county clerk a sworn notice of the candidate's intention to run for
office. The notice must state the person's name, age, and address
and state that the person intends to run for emergency
commissioner. On receipt of the notice, the county clerk shall have
the candidate's name placed on the ballot.
       (e)  The two initial emergency commissioners who received
the fewest votes serve one-year terms. The other commissioners
serve two-year terms.
       (f)  After the election is held, the county clerk or the
clerk's deputy shall prepare a sworn statement of the election
costs incurred by the county. The statement shall be given to the
newly elected board, which shall order the appropriate official to
reimburse the county for the county's election costs.
       (g)  The general election for commissioner shall be held
annually on an authorized election date as provided by Chapter 41,
Election Code.
       Sec. 776.0336.  CONVERSION OF APPOINTED BOARD TO ELECTED
BOARD. (a) A board by resolution may convert to an elected board
under Section 776.0335.
       (b)  An emergency services commissioner serving on the board
immediately before the date of the resolution continues to carry
out the board's functions until the election and qualification of a
new commissioner for that position.
       (c)  This section does not prohibit a person who is a
commissioner on the date of the resolution from running for
election to the board if the person has the qualifications required
for a member under Section 776.0335.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.