BILL ANALYSIS |
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C.S.H.B. 1619 |
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By: Orr |
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County Affairs |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
An emergency services district is created and governed by state law. In most cases, the commissioners court of a county appoints the governing board and the district is funded through express tax levies. C.S.H.B. 1619 intends to ensure proper oversight and accountability to taxpayers by providing provisions relating to the board members of such a district.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1619 amends the Health and Safety Code, under provisions relating to an emergency services district and provisions relating to an emergency services district in a county of 125,000 or less, to require an emergency services commissioner to complete at least six hours of continuing education relating to the performance of the duties of an emergency services commissioner at least once in a two-year period. The bill requires the continuing education instruction to be certified by an institution of higher education as defined in the Education Code. The bill authorizes an emergency services commissioner to carry forward from one two-year period to the next two-year period not more than three continuing education hours that the commissioner completes in excess of the required six hours. The bill specifies that, for purposes of certain removal of a commissioner, "incompetency" includes the failure of an emergency services commissioner to comply with the continuing education requirement.
C.S.H.B. 1619 prohibits the board of emergency services commissioners of an emergency services district created under statutory provisions relating to emergency services districts, and the board of emergency services commissioners of an emergency services district created under statutory provisions relating to emergency services districts in counties of 125,000 or less, from setting the tax rate for a fiscal year before the date the board adopts a budget for that fiscal year.
C.S.H.B. 1619, in provisions applicable only to an appointed member of a board of emergency services commissioners of an emergency services district created under statutory provisions relating to emergency services districts who is not elected nor appointed to fill a vacancy in an elected board member position, removes a provision authorizing the commissioners court of the county in which such an emergency services district is located, by an order adopted by a majority vote after a hearing, to remove one or more board members if the board failed to give a required report regarding the district's budget, tax rate, and debt service for the preceding fiscal year to the commissioners court before the 91st day after the date on which the report was due. The bill instead authorizes such a commissioners court, by an order adopted by a majority vote after a hearing, to remove a board member for incompetency, official misconduct, or misconduct, as those terms are defined in the Local Government Code.
C.S.H.B. 1619 makes Government Code provisions relating to a closed meeting regarding personnel matters affecting a county advisory body applicable to such deliberations regarding a removal of a board member in the same manner as those provisions apply to a deliberation regarding a dismissal of a member of an advisory body. The bill requires a commissioners court seeking removal of an appointed board member, not later than the 30th day before the date on which the hearing is held, to notify the board members that it is considering that action and to provide the board member with an opportunity to show cause why the board member should not be removed. The bill makes statutory emergency services districts provisions relating to the removal of an appointed board member by a commissioners court, as amended by the bill, inapplicable to a district unless the commissioners court of the county in which the district is located adopts such provisions by resolution.
C.S.H.B. 1619 authorizes a board member of a district created under statutory provision relating to emergency services districts who is elected or appointed to fill a vacancy in an elected board member position to be removed using procedures provided by Local Government Code provisions relating to the removal of county officers from office and the filling of vacancies for incompetency, official misconduct, intoxication, or misconduct, as those terms are defined or described in the Local Government Code. The bill establishes that the validity of a board action is not affected because it is taken when a ground for removal of a board member exists.
C.S.H.B. 1619, when a district created under statutory provision relating to emergency services districts located wholly in one county with a population of three million or less fails to complete and file a required audit report by September 1 of each year and a county auditor is not ordered to prepare the report, removes the president and treasurer of the board from the board and requires the commissioners court to fill the vacancies as provided by law.
C.S.H.B. 1619 authorizes the commissioners court of a county in which an emergency services district created under statutory provisions relating to emergency services districts in counties of 125,000 or less is located, by an order adopted by a majority vote after a hearing, to remove a member of the district's board of emergency services commissioners for incompetency, official misconduct, or misconduct, as those terms are defined in the Local Government Code. The bill makes Government Code provisions relating to a closed meeting regarding personnel matters affecting a county advisory body applicable to a deliberation regarding a removal of a board member in the same manner as those provisions apply to a deliberation regarding a dismissal of a member of an advisory body. The bill requires a commissioners court seeking removal of a board member, not later than the 30th day before the date on which a hearing is held, to notify the board members that it is considering that action and to provide the board member with an opportunity to show cause why the board member should not be removed. The bill establishes that the validity of a board action is not affected because it is taken when a ground for removal of a board member exists. The bill makes these provisions relating to the removal of a board member by a commissioners court inapplicable to a district unless the commissioners court of the county in which the district is located adopts such provisions by resolution.
C.S.H.B. 1619 makes conforming changes.
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EFFECTIVE DATE
September 1, 2011.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
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C.S.H.B. 1619 omits a provision included in the original requiring each emergency services commissioner of an emergency services district created under statutory provisions relating to emergency services districts and each emergency services commissioner of an emergency services district created under statutory provisions relating to emergency services districts in counties of 125,000 or less to complete a training course for the commissioner's initial term and at least biennially thereafter. The substitute omits provisions included in the original requiring the Texas Department of Rural Affairs to determine the minimum course requirements and to make the course available not later than June 1, 2012; authorizing the department to provide the training course; requiring the department to approve any training course provided by an entity other than the department; and requiring the training course to provide certain instruction. The substitute omits provisions included in the original requiring the entity providing the training course to provide a certificate of course completion to each person who completes the course; requiring an emergency services commissioner who completes the training course to file a copy of the certificate of course completion with the commissioners court of each county in which the district is located within a certain period; making the deadlines to take the course inapplicable to an emergency services commissioner appointed or elected to a board of emergency services commissioners for a term that starts before June 1, 2012; and requiring such a commissioner, within a certain period, to complete the course.
C.S.H.B. 1619 contains provisions not included in the original, under provisions relating to emergency services districts and provisions relating to emergency services districts in counties of 125,000 or less, to require an emergency services commissioner to complete at least six hours of continuing education relating to the performance of the duties of an emergency services commissioner at least once in a two-year period; requiring the continuing education instruction to be certified by an institution of higher education; authorizing an emergency services commissioner to carry forward a certain number of continuing education hours; and specifying that for purposes of certain removal, "incompetency" includes the failure of an emergency services commissioner to comply with the continuing education requirement.
C.S.H.B. 1619 contains a provision not included in the original making provisions relating to the removal of an appointed board member by a commissioners court, as amended by the substitute, inapplicable to an emergency services district created under statutory provisions relating to emergency services districts unless the commissioners court of the county in which the district is located adopts such provisions relating to the removal of an appointed board member by resolution.
C.S.H.B. 1619 differs from the original by removing statutory language authorizing the commissioners court of the county in which an emergency services district created under statutory provisions relating to emergency services districts is located, by an adopted order, to remove one or more certain board members if the board failed to give a required report regarding the district's budget, tax rate, and debt service for the preceding fiscal year to the commissioners court before the 91st day after the date on which the report was due and authorizing such a commissioners court, by an adopted order, to remove a certain board member for incompetency, official misconduct, or misconduct; whereas the original amends the statutory language the substitute removes to authorize such a commissioners court, by an adopted order, to remove one or more certain board members if the board failed to give any report required under statutory provisions relating to the powers and duties of the board to the commissioners court before the 91st day after the date on which the report is due.
C.S.H.B. 1619 omits provisions included in the original authorizing the commissioners court of a county in which an emergency services district created under statutory provisions relating to emergency services districts is located, by an adopted order, to remove certain board members if the board member does not complete a training course and file a copy of the certificate of course completion; requiring the commissioners court of each county, if the district is located in more than one county, to adopt the order before such a board member may be removed; and requiring each commissioners court seeking removal, before the 60th day after the date on which the certificate of course completion is due, to notify the board members that it is considering that action.
C.S.H.B. 1619, regarding an emergency services district created under statutory provisions relating to emergency services districts, contains provisions not included in the original making Government Code provisions relating to a closed meeting regarding personnel matters affecting a county advisory body applicable to a deliberation regarding a removal of certain board members in the same manner as those provisions apply to a deliberation regarding a dismissal of a member of an advisory body; and requiring a commissioners court seeking removal of an applicable board member, within a certain period, to notify the board members that it is considering that action and to provide the board member with an opportunity to show cause why the board member should not be removed.
C.S.H.B. 1619 contains provisions not included in the original authorizing a board member of a district created under statutory provision relating to emergency services districts who is elected or appointed to fill a vacancy in an elected board member position to be removed using certain Local Government Code procedures for incompetency, official misconduct, intoxication, or misconduct, and establishing that the validity of a board action is not affected because it is taken when a ground for removal of a board member exists.
C.S.H.B. 1619 differs from the original, in a bill provision providing for the contingency of when an emergency services district created under statutory provisions relating to emergency services districts located wholly in one county with a population of three million or less fails to complete and file a required audit report by September 1 of each year and a county auditor is not ordered to prepare the report, by removing the president and treasurer from the board and requiring the commissioners court to fill the vacancies, whereas the original abolishes the board and requires the commissioners court to appoint a new board.
C.S.H.B. 1619 omits provisions included in the original authorizing the commissioners court of each county in which an emergency services district created under statutory provisions relating to emergency services districts in counties of 125,000 or less is located, by an adopted order, to remove an appointed board member if the board member fails to complete a training course and file a copy of the certificate of course completion, and requiring each commissioners court seeking removal, within a certain period, to notify the board members that it is considering that action.
C.S.H.B. 1619 contains provisions not included in the original authorizing the commissioners court of a county in which an emergency services district created under statutory provisions relating to emergency services districts in counties of 125,000 or less is located, by an adopted order, to remove a board member for incompetency, official misconduct, or misconduct; making Government Code provisions relating to a closed meeting regarding personnel matters affecting a county advisory body applicable to a deliberation regarding a removal of a board member in the same manner as those provisions apply to a deliberation regarding a dismissal of a member of an advisory body; requiring a commissioners court seeking removal of a board member, within a certain period, to notify the board members that it is considering that action and to provide the board member with an opportunity to show cause why the board member should not be removed; establishing that the validity of a board action is not affected because it is taken when a ground for removal of a board member exists; and making these provisions relating to the removal of a board member by a commissioners court inapplicable to a district unless the commissioners court of the county in which the district is located adopts the provisions by resolution.
C.S.H.B. 1619 omits a provision included in the original repealing a provision authorizing two or more emergency services districts created under statutory provisions relating to emergency services districts to merge into a single emergency services district.
C.S.H.B. 1619 differs from the original by taking effect September 1, 2011, whereas the original takes effect on passage, or, if it does not receive the necessary vote, September 1, 2011.
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