By: Whitmire  S.B. No. 1004
         (In the Senate - Filed February 28, 2007; March 14, 2007,
  read first time and referred to Committee on Intergovernmental
  Relations; May 3, 2007, reported favorably by the following vote:  
  Yeas 5, Nays 0; May 3, 2007, sent to printer.)
 
 
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 of emergency services commissioners 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.
 
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