81R2136 SJM-D

By: Zaffirini S.B. No. 465

A BILL TO BE ENTITLED

AN ACT

relating to the title of the members of the board of an emergency services district.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 775.001(1), Health and Safety Code, is amended to read as follows:

(1) "Board" means the board of emergency services directors [commissioners].

SECTION 2. Section 775.024(b), Health and Safety Code, is amended to read as follows:

(b) The boards shall agree on a name for the proposed merged district and choose five directors [commissioners] from among the membership of the boards to serve on the initial board for the proposed district. The boards shall agree to stagger the terms appropriately.

SECTION 3. Section 775.026(d), Health and Safety Code, is amended to read as follows:

(d) A fire commissioner of a rural fire prevention district is an emergency services director [commissioner] of the converted district on conversion of the district under this section and shall serve until the term for which the director [commissioner] was appointed or elected expires.

SECTION 4. Sections 775.034(a), (b), (c), (d), (f), and (g), Health and Safety Code, are amended to read as follows:

(a) The commissioners court of a county in which a single-county district is located shall appoint a five-member board of emergency services directors [commissioners] to serve as the district's governing body. To serve as a director [member of the board] a person must be:

(1) at least 18 years of age; and

(2) a resident citizen of the state and:

(A) a qualified voter within areas served by the district; or

(B) the owner of land subject to taxation in the district.

(b) Except as prescribed by Subsection (c), directors [commissioners] serve two-year terms.

(c) After the votes are canvassed and the commissioners court enters the order creating the district, the commissioners court shall appoint the initial emergency services directors [commissioners] to serve until January 1 of the year following the district election. On January 1, the court shall designate three of those emergency services directors [commissioners] to serve a two-year term and two of those emergency services directors [commissioners] to serve a one-year term.

(d) On January 1 of each year, the commissioners court shall appoint a successor for each emergency services director [commissioner] whose term has expired.

(f) A director [member of the board] who, because of municipal annexation, is no longer a qualified voter of an area served by the district or no longer owns land subject to taxation by the district may continue to serve until the expiration of the director's [member's] term.

(g) The commissioners court shall consider relevant factors in determining the individuals to appoint as emergency services directors [commissioners], including whether the individuals have knowledge that relates to fire prevention or emergency medical services and that is relevant to the common policies and practices of the board.

SECTION 5. Sections 775.0345(b), (c), (d), (e), (h), (i), and (j), Health and Safety Code, are amended to read as follows:

(b) The governing body of a district consists of a five-person board of emergency services directors [commissioners] elected as prescribed by this section. Except as provided by Subsection (h), emergency services directors [commissioners] serve two-year terms.

(c) After a district is created, the county judge shall establish a convenient day provided by Section 41.001, Election Code, to conduct an election to elect the initial emergency services directors [commissioners].

(d) To be eligible to be a candidate for emergency services director [commissioner], a person must be at least 18 years of age and a resident of the district.

(e) A candidate for emergency services director [commissioner] on an initial board must give the county clerk a sworn notice of the candidate's intention to run for office. The notice must state the person's name, age, and address and state that the person is serving notice of intent to run for emergency services director [commissioner]. On receipt of the notice, the county clerk shall have the candidate's name placed on the ballot.

(h) The initial emergency services directors' [commissioners'] terms of office begin 30 days after canvassing of the election results. The two directors [commissioners] who received the fewest votes serve a term that expires on December 31 of the year in which the election was held. The other emergency services directors [commissioners] serve terms that expire on December 31 of the year following the election.

(i) The board shall hold the general election for directors [commissioner] annually on an authorized uniform election date as provided by Chapter 41, Election Code. The board may change the election date from one authorized election date to another authorized election date and shall adjust the terms of office to conform to the new election date.

(j) Subchapter C, Chapter 146, Election Code, applies to a write-in candidate for emergency services director [commissioner] under this section in the same manner it applies to a write-in candidate for a city office under that subchapter.

SECTION 6. Sections 775.035(a), (b), (c), (d), (g), (h), and (i), Health and Safety Code, are amended to read as follows:

(a) The governing body of a district located in more than one county consists of a five-person board of emergency services directors [commissioners] elected as prescribed by this section. Except as provided by Subsection (g), emergency services directors [commissioners] serve two-year terms.

(b) After a district located in more than one county is created, the county judges of each county in the district shall mutually establish a convenient day provided by Section 41.001, Election Code, to conduct an election to elect the initial emergency services directors [commissioners].

(c) To be eligible to be a candidate for emergency services director [commissioner] of a district located in more than one county, a person must be at least 18 years of age and a resident of the district.

(d) A candidate for emergency services director [commissioner] must give the county clerk of each county in the district a sworn notice of the candidate's intention to run for office. The notice must state the person's name, age, and address and state that the person is serving notice of intent to run for emergency services director [commissioner]. On receipt of the notice, the county clerk shall have the candidate's name placed on the ballot.

(g) The initial emergency services directors' [commissioners'] terms of office begin 30 days after canvassing of the election results. The two directors [commissioners] who received the fewest votes serve a term that expires on December 31 of the year in which the election was held. The other emergency services directors [commissioners] serve terms that expire on December 31 of the year following the election.

(h) The general election for directors [commissioner] shall be held annually on an authorized uniform election date as provided by Chapter 41, Election Code. The board may change the election date from one authorized election date to another authorized election date and shall adjust the terms of office to conform to the new election date.

(i) Subchapter C, Chapter 146, Election Code, applies to a write-in candidate for emergency services director [commissioner] under this section in the same manner it applies to a write-in candidate for a city office under that subchapter.

SECTION 7. The heading to Section 775.0355, Health and Safety Code, is amended to read as follows:

Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES DIRECTORS [COMMISSIONERS] IN CERTAIN POPULOUS COUNTIES.

SECTION 8. Sections 775.0355(c) and (d), Health and Safety Code, are amended to read as follows:

(c) A person is disqualified from serving as an emergency services director [commissioner] if that person:

(1) is related within the third degree of affinity or consanguinity to:

(A) a person providing professional services to the district;

(B) a director [commissioner] of the same district; or

(C) a person who is an employee or volunteer of an emergency services organization providing emergency services to the district;

(2) is an employee of a director [commissioner] of the same district, attorney, or other person providing professional services to the district;

(3) is serving as an attorney, consultant, or architect or in some other professional capacity for the district or an emergency services organization providing emergency services to the district; or

(4) fails to maintain the qualifications required by law to serve as a director [commissioner].

(d) Any rights obtained by a third party through official action of a board covered by this section are not impaired or affected by the disqualification under this section of an emergency services director [commissioner] to serve, provided that the third party had no knowledge, at the time the rights were obtained, of the fact that the director [commissioner] was disqualified to serve.

SECTION 9. Section 775.037(a), Health and Safety Code, is amended to read as follows:

(a) The board [emergency services commissioners] shall elect from among its directors [their members] a president, vice-president, secretary, treasurer, and assistant treasurer to perform the duties usually required of the respective offices. The office of secretary and treasurer may be combined.

SECTION 10. Section 775.038, Health and Safety Code, is amended to read as follows:

Sec. 775.038. COMPENSATION; CONFLICT OF INTEREST. (a) Except as provided by Subsection (b), an emergency services director [commissioner] is entitled to receive compensation of not more than $50 per day for each day the director [commissioner] actually spends performing the duties of a director [commissioner]. Compensation may not exceed $3,000 per year. A director [Commissioners] may be reimbursed for reasonable and necessary expenses incurred in performing official duties.

(b) Instead of compensation under Subsection (a), a director [commissioner] may elect to receive per diem compensation of $50 for each day the director [commissioner] actually spends performing the duties of a director [commissioner]. A director [commissioner] who receives per diem compensation may not be reimbursed for reasonable and necessary expenses. Per diem payments may not exceed $3,000 per year.

(c) To receive compensation, per diem compensation, or reimbursement for expenses, a director [commissioner] must file with the district a verified statement showing the number of days actually spent performing the duties of a director [commissioner] and a general description of the duties performed for each day of service.

(d) A director is [Commissioners are] subject to Chapter 171, Local Government Code.

SECTION 11. Section 775.042, Health and Safety Code, is amended to read as follows:

Sec. 775.042. REMOVAL OF DIRECTOR [BOARD MEMBER]. (a) A board may remove a director [member] if:

(1) the director [member] is absent from more than half of the regularly scheduled board meetings that the director [member] is eligible to attend during a calendar year without an excuse approved by a majority vote of the board; and

(2) the other directors [members] of the board unanimously vote to remove that director [member].

(b) Not later than the 30th day after the date of a vote to remove a director [member] under Subsection (a), that director [member] may file a written appeal for reinstatement to the commissioners court of the county in which a single-county district is located or, if the district is located in more than one county, the commissioners court of the county where the director [member] resides. The court may reinstate the director [member] if it finds the removal unwarranted after considering:

(1) a reason for an absence;

(2) the time and place of a missed meeting;

(3) the business conducted at a missed meeting; and

(4) any other factors or circumstances the court considers relevant.

(c) The validity of a board action is not affected because it is taken when a ground for removal of a director [board member] exists.

SECTION 12. Sections 775.044(a) and (b), Health and Safety Code, are amended to read as follows:

(a) Not later than the 90th day after a board vacancy for a district located in more than one county occurs, the remaining directors [board members] shall appoint a person to fill the unexpired term.

(b) If the board has not filled the vacancy before the 91st day after the date of the vacancy, the commissioners court of the county where the previous director [board member] resided shall appoint a person to fill the vacancy.

SECTION 13. Section 775.0445(c), Health and Safety Code, is amended to read as follows:

(c) Not later than the 90th day after a board vacancy occurs, the remaining directors [board members] shall appoint a person to fill the unexpired term.

SECTION 14. Section 775.055(h), Health and Safety Code, is amended to read as follows:

(h) Each emergency services director [commissioner] is discharged from liability under the emergency services director's [commissioner's] bond on entry of the order prescribed by Subsection (g).

SECTION 15. Section 775.083(a), Health and Safety Code, is amended to read as follows:

(a) On or before January 1 of each year, a district shall file with the Office of Rural Community Affairs an annual report that includes the following:

(1) the district's name;

(2) the name of each county in which the district is located;

(3) the district's business address;

(4) the name, mailing address, and term of office of each director [commissioner];

(5) the name, mailing address, and term of office of the district's general manager, executive director, and fire chief;

(6) the name of each legal counsel or other consultant for the district; and

(7) the district's annual budget and tax rate for the preceding fiscal year.

SECTION 16. Section 776.001(1), Health and Safety Code, is amended to read as follows:

(1) "Board" means the board of emergency directors [commissioners].

SECTION 17. Sections 776.033(a), (b), (c), and (e), Health and Safety Code, are amended to read as follows:

(a) The commissioners court of a county in which a single-county district is located shall appoint a five-member board of emergency directors [commissioners] to serve as the district's governing body. Except as prescribed by Subsection (b), a director [commissioner] serves a two-year term.

(b) After the votes have been canvassed and the commissioners court enters the order creating the district, the commissioners court shall appoint the initial emergency directors [commissioners] to serve until January 1 of the year following the year of the district election. On January 1, the court shall designate three of those directors [commissioners] to serve two-year terms and two directors [commissioners] to serve one-year terms.

(c) On January 1 of each year, the commissioners court shall appoint a successor for each emergency director [commissioner] whose term has expired.

(e) The commissioners court shall consider relevant factors in determining the individuals to appoint as emergency services directors [commissioners], including whether the individuals have knowledge that relates to fire prevention or emergency medical services and that is relevant to the common policies and practices of the board.

SECTION 18. Sections 776.034(a), (b), (c), (d), (g), and (h), Health and Safety Code, are amended to read as follows:

(a) The governing body of a district located in more than one county consists of a five-person board of emergency directors [commissioners] elected as prescribed by this section. Except as provided by Subsection (g), an emergency director [commissioner] serves a two-year term.

(b) After a district located in more than one county is created, the county judges of each county in the district shall mutually establish a convenient day in November, other than the date of the general election for state and county officers, to conduct an election to elect the initial emergency directors [commissioners].

(c) To be eligible as a candidate for emergency director [commissioner] of a district located in more than one county, a person must be at least 18 years of age and a resident of the district.

(d) A candidate for emergency director [commissioner] must give the county clerk of each county in the district a sworn notice of the candidate's intention to run for office. The notice must state the person's name, age, and address and state that the person intends to run for emergency director [commissioner]. On receipt of the notice, the county clerk shall have the candidate's name placed on the ballot.

(g) The initial emergency directors' [commissioners'] terms of office begin on January 1 of the year following the year of the election. The two directors [commissioners] who received the fewest votes serve one-year terms. The other directors [commissioners] serve two-year terms.

(h) The general election for directors [commissioner] shall be held annually on an authorized election date as provided by Chapter 41, Election Code.

SECTION 19. Sections 776.0345(b), (c), and (d), Health and Safety Code, are amended to read as follows:

(b) The commissioners court of the largest county in which the district is located shall appoint a five-member board of emergency directors [commissioners] to serve as the district's governing body. A director [commissioner] serves a two-year term.

(c) To be eligible for appointment as an emergency director [commissioner] under this section, a person must be at least 18 years of age and reside in the district. Two directors [commissioners] must reside in a county with a population of less than 21,000 and three directors [commissioners] must reside in a county with a population of more than 47,400.

(d) On January 1 of each year, the commissioners court shall appoint a successor for each emergency director [commissioner] whose term has expired.

SECTION 20. Section 776.036(a), Health and Safety Code, is amended to read as follows:

(a) The board [emergency commissioners] shall elect from among its directors [their members] a president, vice-president, secretary, treasurer, and assistant treasurer to perform the duties usually required of the respective offices. The office of secretary and treasurer may be combined.

SECTION 21. Section 776.037, Health and Safety Code, is amended to read as follows:

Sec. 776.037. COMPENSATION; CONFLICT OF INTEREST. (a) Emergency directors [commissioners] serve without compensation but may be reimbursed for reasonable and necessary expenses incurred in performing official duties.

(b) Except as a resident or property owner in the district, an emergency director [commissioner] may not have an interest in a contract or transaction to which the district is a party and under which the director [commissioner] may receive money or other things of value as consideration.

SECTION 22. Section 776.057(h), Health and Safety Code, is amended to read as follows:

(h) Each emergency director [commissioner] is discharged from liability under the emergency director's [commissioner's] bond on entry of the dissolution order under Subsection (g).

SECTION 23. Section 776.083(a), Health and Safety Code, is amended to read as follows:

(a) On or before January 1 of each year, a district shall file with the Office of Rural Community Affairs an annual report that includes the following:

(1) the district's name;

(2) the name of each county in which the district is located;

(3) the district's business address;

(4) the name, mailing address, and term of office of each director [commissioner];

(5) the name, mailing address, and term of office of the district's general manager, executive director, and fire chief;

(6) the name of each legal counsel or other consultant for the district; and

(7) the district's annual budget and tax rate for the preceding fiscal year.

SECTION 24. (a) The title of emergency services commissioner is changed to emergency services director. The title of emergency commissioner is changed to emergency director.

(b) Any reference in law to an emergency services commissioner or emergency commissioner means an emergency services director or emergency director, as appropriate.

(c) The validity of an action taken by or in relation to the authority of an emergency services commissioner or emergency commissioner before the change in title under Subsection (a) of this section is not affected by this Act.

SECTION 25. This Act takes effect September 1, 2009.