81R17886 SJM-D
 
  By: Leibowitz H.B. No. 527
 
  Substitute the following for H.B. No. 527:
 
  By:  Marquez C.S.H.B. No. 527
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the removal of an appointed emergency services district
  board member by a county commissioners court.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 775.036(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The board shall:
               (1)  hold regular monthly meetings and other meetings
  as necessary;
               (2)  keep minutes and records of its acts and
  proceedings;
               (3)  give reports required by the state fire marshal,
  commissioner of health, and other authorized persons;
               (4)  on a written request from the commissioners court
  of a county in which the district is located received on or before
  December 31, give a written report not later than February 1 of the
  following [each] year to the commissioners court regarding the
  district's budget, tax rate, and debt service [administration] for
  the preceding fiscal [calendar] year [and the district's financial
  condition]; and
               (5)  administer the district in accordance with this
  chapter.
         SECTION 2.  Subchapter C, Chapter 775, Health and Safety
  Code, is amended by adding Section 775.0422 to read as follows:
         Sec. 775.0422.  REMOVAL OF APPOINTED BOARD MEMBER BY
  COMMISSIONERS COURT FOR FAILURE TO GIVE REPORT.  (a)  This section
  applies only to an appointed board member. This section does not
  apply to a board member who:
               (1)  is elected; or
               (2)  is appointed to fill a vacancy in an elected board
  member position.
         (b)  The commissioners court of the county in which a
  district is located, by an order adopted by a majority vote after a
  hearing, may remove one or more board members if the board failed to
  give the report required by Section 775.036(a)(4) to the
  commissioners court before the 91st day after the date on which the
  report was due under that section.
         (c)  Before the 60th day after the date on which the report
  was due, each commissioners court seeking removal under this
  section must notify the board members that it is considering that
  action.
         (d)  The validity of a board action is not affected because
  it is taken when a ground for removal of a board member exists.
         SECTION 3.  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 4.  Section 775.036(d), Health and Safety Code, is
  repealed.
         SECTION 5.  The changes in law made by Section 775.036(a),
  Health and Safety Code, as amended by this Act, and Section
  775.0422, Health and Safety Code, as added by this Act, apply only
  to a report due on or after the effective date of this Act.
         SECTION 6.  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, 2009.