83R14496 JXC-F

By: Schaefer H.B. No. 3257

Substitute the following for H.B. No. 3257:

By: Morrison C.S.H.B. No. 3257

A BILL TO BE ENTITLED

AN ACT

relating to the election of board members for emergency services districts 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 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.

SECTION 2. The heading to Section 775.0345, Health and Safety Code, is amended to read as follows:

Sec. 775.0345. ELECTION OF BOARD IN CERTAIN [POPULOUS] COUNTIES.

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.

(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.

SECTION 4. The heading to Section 775.0355, Health and Safety Code, is amended to read as follows:

Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES COMMISSIONERS IN CERTAIN [POPULOUS] COUNTIES.

SECTION 5. Section 775.0355(b), Health and Safety Code, is amended 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.

SECTION 6. The heading to Section 775.0445, Health and Safety Code, is amended to read as follows:

Sec. 775.0445. VACANCY ON BOARD OF DISTRICT LOCATED IN CERTAIN [POPULOUS] COUNTIES.

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.

(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.

(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.

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.

SECTION 9. This Act takes effect September 1, 2013.