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A BILL TO BE ENTITLED
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AN ACT
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relating to the election and disqualification of emergency services |
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commissioners in certain populous counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.034, Health and Safety Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) This section does not apply to a district located wholly |
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in a county with a population of more than three million. |
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SECTION 2. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0345 to read as follows: |
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Sec. 775.0345. ELECTION OF BOARD IN CERTAIN POPULOUS |
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COUNTIES. (a) This section applies only to a district located |
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wholly in a county with a population of more than three million. |
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(b) The governing body of a district consists of a |
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five-person board of emergency services commissioners elected as |
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prescribed by this section. Except as provided by Subsection (h), |
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emergency services commissioners serve two-year terms. |
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(c) After a district is created, the county judge shall |
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establish a convenient day provided by Section 41.001, Election |
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Code, to conduct an election to elect the initial emergency |
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services commissioners. |
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(d) To be eligible to be a candidate for emergency services |
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commissioner, 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 services commissioner must |
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give the county clerk a sworn notice of the candidate's intention to |
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run for office. The notice must state the person's name, age, and |
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address and state that the person is serving notice of intent to run |
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for emergency services commissioner. On receipt of the notice, the |
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county clerk shall have the candidate's name placed on the ballot. |
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(f) The county clerk shall appoint an election judge to |
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certify the results of the election. |
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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 initial emergency services commissioners' terms of |
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office begin 30 days after canvassing of the election results. The |
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two commissioners who received the fewest votes serve a term that |
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expires on December 31 of the year in which the election was held. |
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The other emergency services commissioners serve terms that expire |
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on December 31 of the year following the election. |
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(i) The general election for commissioner shall be held |
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annually on an authorized uniform election date as provided by |
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Chapter 41, Election Code. The board may change the election date |
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from one authorized election date to another authorized election |
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date and shall adjust the terms of office to conform to the new |
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election date. |
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(j) Subchapter C, Chapter 146, Election Code, applies to a |
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write-in candidate for emergency services commissioner under this |
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section in the same manner it applies to a write-in candidate for a |
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city office under that subchapter. |
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SECTION 3. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0355 to read as follows: |
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Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES |
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COMMISSIONERS. (a) In this section, "emergency services |
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organization" means: |
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(1) a volunteer fire department; |
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(2) a career or combination fire department; |
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(3) a municipal fire department; |
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(4) an emergency medical services organization under |
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the jurisdiction of the Department of State Health Services; |
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(5) any other agency under the jurisdiction of the |
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state fire marshal's office; or |
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(6) any other organization or corporation that governs |
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an emergency services organization. |
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(b) A person is disqualified from serving as an emergency |
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services commissioner if that person: |
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(1) is related within the third degree of affinity or |
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consanguinity to: |
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(A) a person providing professional |
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services to the district; |
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(B) a commissioner of the same district; or |
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(C) a person who is an employee or volunteer |
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of an emergency services organization providing emergency services |
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to the district; |
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(2) is an employee of a commissioner of the same |
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district, attorney, or other person providing professional |
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services to the district; |
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(3) is serving as an attorney, consultant, or |
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architect or in some other professional capacity for the district |
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or an emergency services organization providing emergency services |
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to the district; or |
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(4) fails to maintain the qualifications required by |
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law to serve as a commissioner. |
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(c) No later than the 60th day after the date the board |
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determines a person is disqualified under Subsection (b), it shall |
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replace the person serving as an emergency services commissioner |
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with a person who is not disqualified. |
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(d) Any rights obtained by a third party through official |
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action of a board covered by this section are not impaired or |
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affected by the disqualification under this section of an emergency |
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services commissioner to serve, provided that the third party had |
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no knowledge, at the time the rights were obtained, of the fact that |
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the commissioner was disqualified to serve. |
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SECTION 4. (a) The changes in law made by this Act do not |
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affect the entitlement of a commissioner of a board of emergency |
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services commissioners serving on the board immediately before the |
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effective date of this Act to continue to carry out the board's |
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functions for the remainder of the commissioner's term. |
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(b) This Act does not prohibit a person who is a |
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commissioner on the effective date of this Act 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 775.0345, Health and Safety Code, as |
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added by this Act. |
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(c) A person serving as an appointed member of a board of |
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emergency services commissioners on the effective date of this Act |
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shall continue to serve until the election and qualification of a |
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new commissioner for that position. |
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(d) In 2008, the county judge of an emergency services |
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district to which Section 775.0345, Health and Safety Code, as |
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added by this Act, applies shall establish an election as required |
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by that section to replace a commissioner appointed before the |
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effective date of this Act as near as practicable to the date of the |
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expiration of the appointed commissioner's term. |
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(e) In 2009, the county judge shall repeat the procedures |
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described by Subsection (d) of this section for the remaining |
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appointed commissioners. |
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SECTION 5. This Act takes effect September 1, 2007. |