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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency services districts. |
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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 775.0365 to read as follows: |
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Sec. 775.0365. BOARD TRAINING. (a) An emergency services |
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commissioner shall complete at least six hours of continuing |
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education relating to the performance of the duties of an emergency |
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services commissioner at least once in a two-year period. |
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(b) Continuing education instruction required by Subsection |
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(a) must be certified by an institution of higher education as |
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defined by Section 61.003, Education Code. |
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(c) For purposes of Subsection (a), an emergency services |
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commissioner may carry forward from one two-year period to the next |
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two-year period not more than three continuing education hours that |
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the commissioner completes in excess of the required six hours. |
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(d) For purposes of removal under Section 775.0422 or |
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775.0423, "incompetency" includes the failure of an emergency |
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services commissioner to comply with Subsection (a). |
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SECTION 2. The heading to Section 775.0422, Health and |
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Safety Code, is amended 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]. |
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SECTION 3. Section 775.0422, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (a-1) and (b-1) to read as follows: |
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(a) This section does not apply to a district unless the |
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commissioners court of the county in which the district is located |
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adopts this section by resolution. |
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(a-1) This section applies only to an appointed board |
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member. This 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, by an order adopted by a majority vote after a |
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hearing, may remove a [one or more] board member for: |
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(1) incompetency, as defined by Section 87.011, Local |
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Government Code; |
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(2) official misconduct, as defined by Section 87.011, |
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Local Government Code; or |
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(3) misconduct, as defined by Section 178.001, Local |
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Government Code [members if the board failed to give the report
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required by Section 775.036(a)(4) to the commissioners court before
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the 91st day after the date on which the report was due under that
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section]. |
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(b-1) Section 551.0745, Government Code, applies to a |
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deliberation regarding a removal of a board member in the same |
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manner as that section applies to a deliberation regarding a |
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dismissal of a member of an advisory body. |
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(c) Not later than [Before] the 30th [60th] day before |
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[after] the date on which the hearing is held, a [report was due,
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each] commissioners court seeking removal under this section must: |
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(1) notify the board members that it is considering |
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that action; and |
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(2) provide the board member with an opportunity to |
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show cause why the board member should not be removed. |
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SECTION 4. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0423 to read as follows: |
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Sec. 775.0423. REMOVAL OF ELECTED BOARD MEMBER. (a) This |
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section applies only 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) A board member may be removed using the procedures |
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provided by Chapter 87, Local Government Code, for: |
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(1) incompetency, as defined by Section 87.011, Local |
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Government Code; |
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(2) official misconduct, as defined by Section 87.011, |
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Local Government Code; |
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(3) intoxication, as described by Section 87.013, |
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Local Government Code; or |
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(4) misconduct, as defined by Section 178.001, Local |
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Government Code. |
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(c) 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 5. Section 775.074, Health and Safety Code, is |
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amended by adding Subsection (d-1) to read as follows: |
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(d-1) The board may not set the tax rate for a fiscal year |
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before the date the board adopts a budget for that fiscal year. |
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SECTION 6. Section 775.082, Health and Safety Code, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) When a district located wholly in one county fails to |
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complete and file the audit report by September 1 of each year and a |
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county auditor is not ordered to prepare the report, the president |
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and treasurer of the board are removed from the board and the |
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commissioners court shall fill the vacancies as provided by Section |
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775.034. |
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SECTION 7. Subchapter C, Chapter 776, Health and Safety |
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Code, is amended by adding Sections 776.0355 and 776.0356 to read as |
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follows: |
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Sec. 776.0355. BOARD TRAINING. (a) An emergency services |
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commissioner shall complete at least six hours of continuing |
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|
education relating to the performance of the duties of an emergency |
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services commissioner at least once in a two-year period. |
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|
(b) Continuing education instruction required by Subsection |
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|
(a) must be certified by an institution of higher education as |
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defined by Section 61.003, Education Code. |
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(c) For purposes of Subsection (a), an emergency services |
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commissioner may carry forward from one two-year period to the next |
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two-year period not more than three continuing education hours that |
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the commissioner completes in excess of the required six hours. |
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(d) For purposes of removal under Section 776.0356, |
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"incompetency" includes the failure of an emergency services |
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commissioner to comply with Subsection (a). |
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Sec. 776.0356. REMOVAL OF BOARD MEMBER BY COMMISSIONERS |
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COURT. (a) This section does not apply to a district unless the |
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commissioners court of the county in which the district is located |
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adopts this section by resolution. |
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(b) The commissioners court of the county in which a |
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district is located, by an order adopted by a majority vote after a |
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|
hearing, may remove a board member for: |
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(1) incompetency, as defined by Section 87.011, Local |
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Government Code; |
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(2) official misconduct, as defined by Section 87.011, |
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Local Government Code; or |
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(3) misconduct, as defined by Section 178.001, Local |
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Government Code. |
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(c) Section 551.0745, Government Code, applies to a |
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deliberation regarding a removal of a board member in the same |
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manner as that section applies to a deliberation regarding a |
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dismissal of a member of an advisory body. |
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(d) Not later than the 30th day before the date on which a |
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hearing is held, a commissioners court seeking removal under this |
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section must: |
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(1) notify the board members that it is considering |
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that action; and |
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(2) provide the board member with an opportunity to |
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show cause why the board member should not be removed. |
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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 8. Section 776.075, Health and Safety Code, is |
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amended by adding Subsection (d-1) to read as follows: |
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(d-1) The board may not set the tax rate for a fiscal year |
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before the date the board adopts a budget for that fiscal year. |
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SECTION 9. This Act takes effect September 1, 2011. |