BILL ANALYSIS

H.B. 1917

By: Schwertner

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

An emergency services district is a political subdivision of the state created to provide local emergency services to a rural or unincorporated area.  An emergency services district has the authority to impose and collect taxes, enforce the local fire code, and maintain emergency service vehicles and other equipment for the purpose of providing district residents with the necessary fire, rescue, and emergency services.

In the majority of cases, the county commissioners court is responsible for appointing a five-member board of emergency services commissioners to serve as the emergency services district's governing body.  To serve as a board member, a person must be a resident of the state, at least 18 years of age, and a voter or landowner within the district.  After appointment by the commissioners court, a board member serves a two-year term.

However, the commissioners court has limited means at its disposal to remove a board member for impropriety or dereliction of the board member's accepted duties.  This inability to hold board members accountable can render a board of emergency services commissioners ineffective and potentially leave the emergency services district without responsive leadership.  H.B. 1917 authorizes a commissioners court to remove an appointed member of a board of emergency services commissioners by a majority vote. 

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.

ANALYSIS

H.B. 1917 amends the Health and Safety Code to authorize the commissioners court of a county in which a general emergency services district is located, by an order adopted by a majority vote, to remove an appointed member of the board of emergency services commissioners, rather than conditioning the removal of one or more board members, by a majority vote after a hearing, on the board's failure to give a specified required report regarding the district's budget, tax rate, and debt service for the preceding fiscal year within a specified period.  The bill makes conforming changes.

H.B. 1917 repeals Sections 775.0422(c) and (d), Health and Safety Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.