80R10664 MXM-F
 
  By: Zaffirini S.B. No. 1501
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the removal of an emergency services district board
member by a county commissioners court.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0422 to read as follows:
       Sec. 775.0422.  REMOVAL OF BOARD MEMBER BY COMMISSIONERS
COURT FOR FAILURE TO GIVE REPORT OR FILE AUDIT.  (a) The
commissioners court of the county in which a district is located may
remove one or more board members by majority vote if the board has
failed to give the report required by Section 775.036(a)(4) to, or
file the audit report required by Section 775.082(b) with, the
commissioners court before the 91st day after the date on which the
report or audit was due under those sections.
       (b)  For a district located in more than one county, each
commissioners court must vote for the removal under this section.
       (c)  The validity of a board action is not affected because
it is taken when a ground for removal of a board member exists.
       SECTION 2.  The heading to Section 775.042, Health and
Safety Code, is amended to read as follows:
       Sec. 775.042.  REMOVAL OF BOARD MEMBER BY BOARD.
       SECTION 3.  Section 775.0422, Health and Safety Code, as
added by this Act, applies only to a report or audit due on or after
the effective date of this Act.
       SECTION 4.  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.