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SECTION 1. Subchapter C,
Chapter 775, Health and Safety Code, is amended by adding Section 775.0346
to read as follows:
Sec. 775.0346. ELECTION
OF BOARD IN CERTAIN COUNTIES. (a) This section applies only to a
county:
(1) with a population of
more than 200,000;
(2) that borders Lake
Palestine; and
(3) has at least one emergency services district.
(b) The governing body of
a district consists of a five-person board of emergency services
commissioners elected as prescribed by this section. Except as provided by
Subsection (h), emergency services commissioners serve four-year terms.
(c) After a district is
created, the county judge shall establish a convenient day provided by
Section 41.001, Election Code, to conduct an election to elect the initial
emergency services commissioners.
(d) If the district is
already in existence on the effective date of this section, the county
judge shall establish a convenient day provided by Section 41.001, Election
Code, to conduct an election to elect emergency services commissioners.
(e) To be eligible to be
a candidate for emergency services commissioner, a person must be at least
18 years of age and a resident of the district.
(f) A candidate for
emergency services commissioner on an initial board or a board already in existence on the effective date of this
section must give the county clerk
a sworn notice of the candidate's intention to run for office. The notice
must state the person's name, age, and address and state that the person is
serving notice of intent to run for emergency services commissioner. On
receipt of the notice, the county clerk
shall have the candidate's name placed on the ballot.
(g) The county clerk shall appoint an election judge to
certify the results of the election.
(h) After the election is
held, the county clerk or the clerk's deputy
shall prepare a sworn statement of the election costs incurred by the
county. The statement shall be given to the newly elected board, which
shall order the appropriate official to reimburse the county for the county's
election costs.
(i) The initial emergency
services commissioners' terms of office begin 30 days after canvassing of
the election results. The two commissioners who received the fewest votes
serve a term that expires on December 31 of the second year following the
year in which the election was held. The other emergency services
commissioners serve terms that expire on December 31 of the fourth year
following the year in which the election was held.
(i) In a district already
in existence on the effective date of this section, the emergency services
commissioners' terms of office begin 30 days after canvassing of election
results. At this time, the terms of office for previously appointed
emergency services commissioners shall expire. The two commissioners who
received the fewest votes serve a term that expires on December 31 of the
second year following the year in which the election was held. The other
emergency services commissioners serve terms that expire on December 31 of
the fourth year following the year in which the election was held.
(j) The board shall hold
the general election for commissioner every two years on an authorized
uniform election date as provided by Chapter 41, Election Code. The board
may change the election date from one authorized election date to another
authorized election date and shall adjust the terms of office to conform to
the new election date.
(k) Subchapter C, Chapter
146, Election Code, applies to a write-in candidate for emergency services
commissioner under this section in the same manner it applies to a write-in
candidate for a city office under that subchapter.
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SECTION 3. Sections
775.0345(a), (e), (f), and (g), Health and Safety Code, are amended to read
as follows:
(a) This section applies
only to a
district
located wholly in a
county:
(1) with a population of more than three million; or
(2) with a population of
more than 200,000 that borders Lake Palestine.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
(e) A candidate for
emergency services commissioner on an initial board must give the voter registrar of the county [clerk] a sworn notice of the
candidate's intention to run for office. The notice must state the
person's name, age, and address and state that the person is serving notice
of intent to run for emergency services commissioner. On receipt of the
notice, the voter registrar of the
county [clerk] shall have the candidate's name placed on the
ballot.
(f)
The voter registrar of the county [clerk] shall
appoint an election judge to certify the results of the election.
(g) After the election is
held, the voter registrar or deputy
registrar of the county [clerk or the clerk's deputy]
shall prepare a sworn statement of the election costs incurred by the
county. The statement shall be given to the newly elected board, which
shall order the appropriate official to reimburse the county for the
county's election costs.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 2. Subchapter C,
Chapter 775, Health and Safety Code, is amended by adding Section 775.0356
to read as follows:
Sec. 755.0356.
DISQUALIFICATION OF EMERGENCY SERVICE COMMISSIONERS IN CERTAIN COUNTIES.
(a) This section applies
only to a county:
(1) with a population of
more than 200,000;
(2) that borders Lake
Palestine; and
(3) has at least one
emergency services district.
(b) In this section,
"emergency services organization" means:
(1) a volunteer fire
department;
(2) a career or
combination fire department;
(3) a municipal fire
department;
(4) an emergency medical
services organization under the jurisdiction of the Department of State
Health Services;
(5) any other agency
under the jurisdiction of the state fire marshal's office; or
(6) any other
organization or corporation that governs an emergency services
organization.
(c) A person is
disqualified from serving as an emergency services commissioner if that
person:
(1) is related within the
third degree of affinity or consanguinity to:
(A) a person providing
professional services to the district;
(B) a commissioner of the
same district; or
(C) a person who is an
employee or volunteer of an emergency services organization providing
emergency services to the district;
(2) is an employee of a
commissioner of the same district, attorney, or other person providing
professional services to the district;
(3) is serving as an
attorney, consultant, or architect or in some other professional capacity
for the district or an emergency services organization providing emergency
services to the district; or
(4) fails to maintain the
qualifications required by law to serve as a commissioner.
(d) Any rights obtained
by a third party through official action of a board covered by this section
are not impaired or affected by the disqualification under this section of
an emergency services commissioner to serve, provided that the third party
had no knowledge, at the time the rights were obtained, of the fact that
the commissioner was disqualified to serve.
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No
equivalent provision.
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SECTION 3. Subchapter C,
Chapter 775, Health and Safety Code, is amended by adding Section 775.0446
to read as follows:
Sec. 775.0446. VACANCY ON
BOARD OF DISTRICT LOCATED IN CERTAIN COUNTIES.
(a) This section applies
only to a county:
(1) with a population of
more than 200,000;
(2) that borders Lake
Palestine; and
(3) has at least one emergency services district.
(b) In this section,
"vacancy" means a vacancy in the office of director that occurs
for any reason, including an office that is vacant because:
(1) a director was
disqualified under Section 775.0356; or
(2) no candidate filed
for election to the office.
(c) Not later than the
90th day after a board vacancy occurs, the remaining board members shall
appoint a person to fill the unexpired term.
(3) A person appointed
under this section must be eligible to serve under Section 775.0346.
No
equivalent provision.
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SECTION 7. Section 775.0445,
Health and Safety Code, is amended by amending Subsections (b) and (c) and
adding Subsection (c-1) to read as follows:
(b) This section applies
only to a district located wholly in a
county:
(1) with a population of more than three million; or
(2) with a population of
more than 200,000 that borders Lake Palestine.
No
equivalent provision.
(c) Not later than the 90th
day after a board vacancy occurs in a
county with a population of more than three million, the
remaining board members shall appoint a person to fill the unexpired term.
No
equivalent provision.
(c-1) Not later than the
90th day after a board vacancy occurs in a county with a population of more
than 200,000 that borders Lake Palestine, the remaining board members shall
appoint a person to serve until the next election of directors for the
district. If the vacant position is not regularly scheduled to be filled at
that election, the board shall by order require that the election include
an election to fill the position for the unexpired term. The appointed
director's term ends on the qualification of the director elected at that
election.
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No
equivalent provision.
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SECTION 8. (a) 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.
(b) The terms of the members
of a board of emergency services commissioners serving on the effective
date of this Act who were appointed under Section 775.034, Health and
Safety Code, before the effective date of this Act expire on the date a
majority of the members of the initial board of emergency services
commissioners elected under Subsection (c) of this section qualify to
serve.
(c) The county judge of a
county with an emergency services district to which Section 775.0345(a)(2),
Health and Safety Code, as added by this Act, applies on the effective date
of this Act and to which Section 775.034, Health and Safety Code,
previously applied, shall establish an election to elect the initial
emergency services commissioners of that district in the manner required by
Sections 775.0345(c)-(h), Health and Safety Code, for election of the
initial commissioners as if the district had been created on the effective
date of this Act.
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