BILL ANALYSIS

H.J.R. 85

By: Harless

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

H.B. 2653, 80th Legislature, Regular Session, 2007, changed the governing body of an emergency service district in Harris County from an appointed board to an elected board. 

Under the current structure, board commissioner elections must be held every year in keeping with the staggered seat assignments for the district boards.  There was discussion when H.B. 2653 was being debated about changing the terms of office for the boards from two-year terms to four-year terms.

Under Section 30, Article XVI, Texas Constitution, the duration of all public terms of office is two years unless otherwise provided in the constitution. The district board commissioners currently serve two-year terms. 

H.J.R. 85 proposes a constitutional amendment to allow the legislature to provide for members of a governing board of an emergency services district to serve terms not to exceed four years.

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.J.R. 85 proposes an amendment to the Texas Constitution to establish that the Legislature may provide that members of the governing board of a district or authority created by authority of provisions in the Texas Constitution relating to emergency services districts, in addition to a district or authority created by authority of certain other provisions, serve terms not to exceed four years. The resolution sets forth the required language for the ballot.

ELECTION DATE

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 3, 2009.