80R3054 JPL-F
 
  By: Whitmire S.B. No. 1004
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the election and disqualification of emergency services
commissioners in certain populous counties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 775.034, Health and Safety Code, is
amended by adding Subsection (h) to read as follows:
       (h)  This section does not apply to a district located wholly
in a county with a population of more than three million.
       SECTION 2.  Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0345 to read as follows:
       Sec. 775.0345.  ELECTION OF BOARD IN CERTAIN POPULOUS
COUNTIES.  (a)  This section applies only to a district located
wholly in a county with a population of more than three million.
       (b)  The governing body of a district consists of a
five-person board of emergency services commissioners elected as
prescribed by this section. Except as provided by Subsection (h),
emergency services commissioners serve two-year terms.
       (c)  After a district is created, the county judge shall
establish a convenient day provided by Section 41.001, Election
Code, to conduct an election to elect the initial emergency
services commissioners.
       (d)  To be eligible to be a candidate for emergency services
commissioner, a person must be at least 18 years of age and a
resident of the district.
       (e)  A candidate for emergency services 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 is serving notice of intent to run
for emergency services commissioner. On receipt of the notice, the
county clerk shall have the candidate's name placed on the ballot.
       (f)  The county clerk shall appoint an election judge to
certify the results of the election.
       (g)  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.
       (h)  The initial emergency services commissioners' terms of
office begin 30 days after canvassing of the election results. The
two commissioners who received the fewest votes serve a term that
expires on December 31 of the year in which the election was held.
The other emergency services commissioners serve terms that expire
on December 31 of the year following the election.
       (i)  The general election for commissioner shall be held
annually on an authorized uniform election date as provided by
Chapter 41, Election Code. The board may change the election date
from one authorized election date to another authorized election
date and shall adjust the terms of office to conform to the new
election date.
       (j)  Subchapter C, Chapter 146, Election Code, applies to a
write-in candidate for emergency services commissioner under this
section in the same manner it applies to a write-in candidate for a
city office under that subchapter.
       SECTION 3.  Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0355 to read as follows:
       Sec. 775.0355.  DISQUALIFICATION OF EMERGENCY SERVICES
COMMISSIONERS.  (a)  In this section, "emergency services
organization" means:
             (1)  a volunteer fire department;
             (2)  a career or combination fire department;
             (3)  a municipal fire department;
             (4)  an emergency medical services organization under
the jurisdiction of the Department of State Health Services;
             (5)  any other agency under the jurisdiction of the
state fire marshal's office; or
             (6)  any other organization or corporation that governs
an emergency services organization.
       (b)  A person is disqualified from serving as an emergency
services commissioner if that person:
             (1)  is related within the third degree of affinity or
consanguinity to:
                         (A)  a person providing professional
services to the district;
                         (B)  a commissioner of the same district; or
                         (C)  a person who is an employee or volunteer
of an emergency services organization providing emergency services
to the district;
             (2)  is an employee of a commissioner of the same
district, attorney, or other person providing professional
services to the district;
             (3)  is serving as an attorney, consultant, or
architect or in some other professional capacity for the district
or an emergency services organization providing emergency services
to the district; or
             (4)  fails to maintain the qualifications required by
law to serve as a commissioner.
       (c)  No later than the 60th day after the date the board
determines a person is disqualified under Subsection (b), it shall
replace the person serving as an emergency services commissioner
with a person who is not disqualified.
       (d)  Any rights obtained by a third party through official
action of a board covered by this section are not impaired or
affected by the disqualification under this section of an emergency
services commissioner to serve, provided that the third party had
no knowledge, at the time the rights were obtained, of the fact that
the commissioner was disqualified to serve.
       SECTION 4.  (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 775.0345, Health and Safety Code, as
added 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 2008, the county judge of an emergency services
district to which Section 775.0345, Health and Safety Code, as
added by this Act, applies shall establish an election as required
by that section 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 2009, the county judge shall repeat the procedures
described by Subsection (d) of this section for the remaining
appointed commissioners.
       SECTION 5.  This Act takes effect September 1, 2007.