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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of an appointed emergency services district |
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board member by a county commissioners court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0422 to read as follows: |
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Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY |
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COMMISSIONERS COURT FOR FAILURE TO GIVE REPORT OR FILE AUDIT. (a) |
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This section applies only to an appointed board member. This |
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section does not apply to a board member who: |
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(1) is elected; or |
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(2) is appointed to fill a vacancy in an elected board |
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member position. |
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(b) The commissioners court of the county in which a |
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district is located may remove one or more board members by majority |
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vote if the board has failed to give the report required by Section |
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775.036(a)(4) to, or file the audit report required by Section |
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775.082(b) with, the commissioners court before the 91st day after |
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the date on which the report or audit was due under those sections. |
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(c) Before the 60th day after the date on which the report or |
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audit was due, each commissioners court seeking removal under this |
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section must notify the board members that it is considering that |
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action. |
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(d) For a district located in more than one county, each |
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commissioners court must vote for the removal under this section. |
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(e) The validity of a board action is not affected because |
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it is taken when a ground for removal of a board member exists. |
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SECTION 2. The heading to Section 775.042, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 775.042. REMOVAL OF BOARD MEMBER BY BOARD. |
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SECTION 3. Section 775.0422, Health and Safety Code, as |
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added by this Act, applies only to a report or audit due on or after |
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the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |