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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of board members for emergency services |
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districts in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.034(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) This section does not apply to a district located wholly |
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in a county: |
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(1) with a population of more than three million; or |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine. |
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SECTION 2. The heading to Section 775.0345, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 775.0345. ELECTION OF BOARD IN CERTAIN [POPULOUS] |
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COUNTIES. |
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SECTION 3. Sections 775.0345(a), (e), (f), and (g), Health |
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and Safety Code, are amended to read as follows: |
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(a) This section applies only to a district located wholly |
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in a county: |
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(1) with a population of more than three million; or |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine. |
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(e) A candidate for emergency services commissioner on an |
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initial board must give the voter registrar of the county [clerk] a |
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sworn notice of the candidate's intention to run for office. The |
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notice must state the person's name, age, and address and state that |
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the person is serving notice of intent to run for emergency services |
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commissioner. On receipt of the notice, the voter registrar of the |
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county [clerk] shall have the candidate's name placed on the |
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ballot. |
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(f) The voter registrar of the county [clerk] shall appoint |
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an election judge to certify the results of the election. |
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(g) After the election is held, the voter registrar or |
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deputy registrar of the county [clerk or the clerk's deputy] shall |
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prepare a sworn statement of the election costs incurred by the |
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county. The statement shall be given to the newly elected board, |
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which shall order the appropriate official to reimburse the county |
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for the county's election costs. |
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SECTION 4. The heading to Section 775.0355, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES |
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COMMISSIONERS IN CERTAIN [POPULOUS] COUNTIES. |
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SECTION 5. Section 775.0355(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This section applies only to a district located wholly |
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in a county: |
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(1) with a population of more than three million; or |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine. |
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SECTION 6. The heading to Section 775.0445, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 775.0445. VACANCY ON BOARD OF DISTRICT LOCATED IN |
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CERTAIN [POPULOUS] COUNTIES. |
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SECTION 7. Section 775.0445, Health and Safety Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(c-1) to read as follows: |
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(b) This section applies only to a district located wholly |
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in a county: |
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(1) with a population of more than three million; or |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine. |
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(c) Not later than the 90th day after a board vacancy occurs |
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in a county with a population of more than three million, the |
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remaining board members shall appoint a person to fill the |
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unexpired term. |
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(c-1) Not later than the 90th day after a board vacancy |
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occurs in a county with a population of more than 200,000 that |
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borders Lake Palestine, the remaining board members shall appoint a |
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person to serve until the next election of directors for the |
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district. If the vacant position is not regularly scheduled to be |
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filled at that election, the board shall by order require that the |
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election include an election to fill the position for the unexpired |
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term. The appointed director's term ends on the qualification of |
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the director elected at that election. |
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SECTION 8. (a) This Act does not prohibit a person who is a |
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commissioner on the effective date of this Act and who was appointed |
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under Section 775.034, Health and Safety Code, from running for |
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election to the board if the person has the qualifications required |
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for a member under Section 775.0345, Health and Safety Code, as |
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amended by this Act. |
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(b) The terms of the members of a board of emergency |
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services commissioners serving on the effective date of this Act |
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who were appointed under Section 775.034, Health and Safety Code, |
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before the effective date of this Act expire on the date a majority |
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of the members of the initial board of emergency services |
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commissioners elected under Subsection (c) of this section qualify |
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to serve. |
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(c) The county judge of a county with an emergency services |
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district to which Section 775.0345(a)(2), Health and Safety Code, |
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as added by this Act, applies on the effective date of this Act and |
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to which Section 775.034, Health and Safety Code, previously |
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applied, shall establish an election to elect the initial emergency |
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services commissioners of that district in the manner required by |
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Sections 775.0345(c)-(h), Health and Safety Code, for election of |
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the initial commissioners as if the district had been created on the |
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effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2013. |