By: Zaffirini  S.B. No. 1501
         (In the Senate - Filed March 8, 2007; March 20, 2007, read
  first time and referred to Committee on Intergovernmental
  Relations; April 11, 2007, reported favorably by the following
  vote:  Yeas 3, Nays 0; April 11, 2007, sent to printer.)
 
 
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.
 
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