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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the election of emergency services district boards in | 
      
        |  | certain counties. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 775.034(h), Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (h)  This section does not apply to a district located wholly | 
      
        |  | in: | 
      
        |  | (1)  a county with a population of more than four | 
      
        |  | [ three] million; or | 
      
        |  | (2)  a county with a population of more than 500,000 | 
      
        |  | that borders a county with a population of more than four million. | 
      
        |  | SECTION 2.  Section 775.0345(a), Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  This section applies only to a district located wholly | 
      
        |  | in: | 
      
        |  | (1)  a county with a population of more than four | 
      
        |  | [ three] million; or | 
      
        |  | (2)  a county with a population of more than 500,000 | 
      
        |  | that borders a county with a population of more than four million. | 
      
        |  | SECTION 3.  (a)  The changes in law made by this Act do not | 
      
        |  | affect the entitlement of a commissioner of a board of emergency | 
      
        |  | services commissioners serving on the board immediately before the | 
      
        |  | effective date of this Act to continue to carry out the board's | 
      
        |  | functions for the remainder of the commissioner's term. | 
      
        |  | (b)  This Act does not prohibit a person who is a | 
      
        |  | commissioner on the effective date of this Act and who was appointed | 
      
        |  | under Section 775.034, Health and Safety Code, from running for | 
      
        |  | election to the board if the person has the qualifications required | 
      
        |  | for a member under Section 775.0345, Health and Safety Code, as | 
      
        |  | amended by this Act. | 
      
        |  | (c)  A person serving as a member of a board of emergency | 
      
        |  | services commissioners on the effective date of this Act who was | 
      
        |  | appointed under Section 775.034, Health and Safety Code, shall | 
      
        |  | continue to serve until the election and qualification of a new | 
      
        |  | commissioner for that position. | 
      
        |  | (d)  In 2012, the county judge of a county with an emergency | 
      
        |  | services district to which Section 775.0345, Health and Safety | 
      
        |  | Code, as amended by this Act, applies and to which Section 775.034, | 
      
        |  | Health and Safety Code, previously applied, shall establish an | 
      
        |  | election as required by Section 775.0345 to replace a commissioner | 
      
        |  | appointed before the effective date of this Act as near as | 
      
        |  | practicable to the date of the expiration of the appointed | 
      
        |  | commissioner's term.  A commissioner elected under this subsection | 
      
        |  | serves a two-year term but the successor serves a four-year term as | 
      
        |  | provided by Section 775.0345, Health and Safety Code. | 
      
        |  | (e)  In 2013, the county judge shall repeat the procedures | 
      
        |  | described by Subsection (d) of this section for the remaining | 
      
        |  | appointed commissioners.  A commissioner elected under this | 
      
        |  | subsection serves a three-year term but the successor serves a | 
      
        |  | four-year term as provided by Section 775.0345, Health and Safety | 
      
        |  | Code. | 
      
        |  | SECTION 4.  This Act takes effect September 1, 2011. |