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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) In this section, |
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"department" means the Texas Department of Rural Affairs. |
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(b) Each emergency services commissioner shall complete a |
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training course: |
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(1) for the commissioner's initial term, not later |
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than the earlier of: |
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(A) the 180th day after the date the commissioner |
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takes the oath of office; or |
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(B) the 180th day after the date the commissioner |
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assumes responsibilities as an emergency services commissioner; |
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and |
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(2) not later than the second anniversary of each date |
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the commissioner completes a training course. |
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(c) The department shall: |
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(1) determine the minimum course requirements; and |
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(2) make the course available. |
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(d) The department may provide the training course. The |
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department must approve any training course provided by an entity |
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other than the department. |
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(e) The training course must provide instruction in: |
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(1) district responsibilities; |
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(2) board responsibilities; |
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(3) government administration; |
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(4) ethics laws relating to public officers; and |
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(5) the governance and management of emergency |
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services. |
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(f) The entity providing the training course shall provide a |
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certificate of course completion to each person who completes the |
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course. |
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(g) An emergency services commissioner who completes the |
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training course shall file a copy of the certificate of course |
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completion with the commissioners court of each county in which the |
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district is located not later than the 10th day after the date the |
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commissioner is required to complete the course under Subsection |
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(b). |
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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 (b) and (c) and adding Subsection |
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(b-1) to read as follows: |
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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 one or more board members if the board failed to |
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give a [the] report required by Section 775.036 [775.036(a)(4)] to |
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the commissioners court before the 91st day after the date on which |
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the report is [was] due under that section. |
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(b-1) 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 if the board member does not |
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complete a training course and file a copy of the certificate of |
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course completion as required by Section 775.0365. If the district |
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is located in more than one county, the commissioners court of each |
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county must adopt the order before the board member may be removed. |
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(c) Before the 60th day after the date on which the report or |
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certificate of course completion is [was] due, each commissioners |
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court seeking removal under this section must notify the board |
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members that it is considering that action. |
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SECTION 4. 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 5. 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 board is |
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abolished and the commissioners court shall appoint a new board as |
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provided by Section 775.034. |
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SECTION 6. 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) In this section, |
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|
"department" means the Texas Department of Rural Affairs. |
|
|
(b) Each emergency services commissioner shall complete a |
|
|
training course: |
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|
(1) for the commissioner's initial term, not later |
|
|
than the earlier of: |
|
|
(A) the 180th day after the date the commissioner |
|
|
takes the oath of office; or |
|
|
(B) the 180th day after the date the commissioner |
|
|
assumes responsibilities as an emergency services commissioner; |
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|
and |
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|
(2) not later than the second anniversary of each date |
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|
the commissioner completes a training course. |
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|
(c) The department shall: |
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|
(1) determine the minimum course requirements; and |
|
|
(2) make the course available. |
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|
(d) The department may provide the training course. The |
|
|
department must approve any training course provided by an entity |
|
|
other than the department. |
|
|
(e) The training course must provide instruction in: |
|
|
(1) district responsibilities; |
|
|
(2) board responsibilities; |
|
|
(3) government administration; |
|
|
(4) ethics laws relating to public officers; and |
|
|
(5) the governance and management of emergency |
|
|
services. |
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|
(f) The entity providing the training course shall provide a |
|
|
certificate of course completion to each person who completes the |
|
|
course. |
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(g) An emergency services commissioner who completes the |
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|
training course shall file a copy of the certificate of course |
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|
completion with the commissioners court of each county in which the |
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district is located not later than the 10th day after the date the |
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commissioner is required to complete the course under Subsection |
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(b). |
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Sec. 776.0356. REMOVAL OF APPOINTED BOARD MEMBER BY |
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COMMISSIONERS COURT. (a) The commissioners court of each county |
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in which a district is located, by an order adopted by a majority |
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vote after a hearing, may remove an appointed board member if the |
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board member fails to complete a training course and file a copy of |
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the certificate of course completion as required by Section |
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776.0355. |
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(b) Before the 60th day after the date the certificate of |
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completion is due, each commissioners court seeking removal under |
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this section must notify the board members that it is considering |
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that action. |
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SECTION 7. 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 8. Section 775.024, Health and Safety Code, is |
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repealed. |
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SECTION 9. (a) In this section, "department" means the |
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Texas Department of Rural Affairs. |
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(b) Not later than June 1, 2012, the department shall make |
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available a training course as required by Sections 775.0365 and |
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776.0355, Health and Safety Code, as added by this Act. |
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(c) The deadlines to take the course under Sections |
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775.0365(b) and 776.0355(b), Health and Safety Code, as added by |
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this Act, do not apply to an emergency services commissioner |
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appointed or elected to a board of emergency services commissioners |
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for a term that starts before June 1, 2012. Not later than the 180th |
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day after the date the department makes available a training course |
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under Subsection (b) of this section, an emergency services |
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commissioner described by this subsection must complete the course. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |