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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of emergency service commissioners in |
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certain counties. |
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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 775.0346 to read as follows: |
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Sec. 775.0346. ELECTION OF BOARD IN CERTAIN COUNTIES. |
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(a) This section applies only to a county: |
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(1) with a population of more than 200,000; |
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(2) that borders Lake Palestine; and |
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(3) has at least one emergency services district. |
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(b) The governing body of a district consists of a |
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five-person board of emergency services commissioners elected as |
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prescribed by this section. Except as provided by Subsection (h), |
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emergency services commissioners serve four-year terms. |
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(c) After a district is created, the county judge shall |
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establish a convenient day provided by Section 41.001, Election |
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Code, to conduct an election to elect the initial emergency |
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services commissioners. |
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(d) If the district is already in existence on the effective |
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date of this section, the county judge shall establish a convenient |
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day provided by Section 41.001, Election Code, to conduct an |
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election to elect emergency services commissioners. |
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(e) To be eligible to be a candidate for emergency services |
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commissioner, a person must be at least 18 years of age and a |
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resident of the district. |
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(f) A candidate for emergency services commissioner on an |
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initial board or a board already in existence on the effective date |
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of this section must give the county clerk a sworn notice of the |
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candidate's intention to run for office. The notice must state the |
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person's name, age, and address and state that the person is serving |
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notice of intent to run for emergency services commissioner. On |
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receipt of the notice, the county clerk shall have the candidate's |
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name placed on the ballot. |
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(g) The county clerk shall appoint an election judge to |
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certify the results of the election. |
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(h) After the election is held, the county clerk or the |
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clerk's deputy shall prepare a sworn statement of the election |
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costs incurred by the county. The statement shall be given to the |
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newly elected board, which shall order the appropriate official to |
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reimburse the county for the county's election costs. |
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(i) The initial emergency services commissioners' terms of |
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office begin 30 days after canvassing of the election results. The |
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two commissioners who received the fewest votes serve a term that |
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expires on December 31 of the second year following the year in |
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which the election was held. The other emergency services |
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commissioners serve terms that expire on December 31 of the fourth |
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year following the year in which the election was held. |
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(i) In a district already in existence on the effective date |
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of this section, the emergency services commissioners' terms of |
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office begin 30 days after canvassing of election results. At this |
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time, the terms of office for previously appointed emergency |
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services commissioners shall expire. The two commissioners who |
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received the fewest votes serve a term that expires on December 31 |
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of the second year following the year in which the election was |
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held. The other emergency services commissioners serve terms that |
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expire on December 31 of the fourth year following the year in which |
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the election was held. |
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(j) The board shall hold the general election for |
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commissioner every two years on an authorized uniform election date |
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as provided by Chapter 41, Election Code. The board may change the |
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election date from one authorized election date to another |
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authorized election date and shall adjust the terms of office to |
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conform to the new election date. |
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(k) Subchapter C, Chapter 146, Election Code, applies to a |
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write-in candidate for emergency services commissioner under this |
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section in the same manner it applies to a write-in candidate for a |
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city office under that subchapter. |
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SECTION 2. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0356 to read as follows: |
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Sec. 755.0356. DISQUALIFICATION OF EMERGENCY SERVICE |
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COMMISSIONERS IN CERTAIN COUNTIES. |
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(a) This section applies only to a county: |
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(1) with a population of more than 200,000; |
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(2) that borders Lake Palestine; and |
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(3) has at least one emergency services district. |
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(b) In this section, "emergency services organization" |
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means: |
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(1) a volunteer fire department; |
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(2) a career or combination fire department; |
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(3) a municipal fire department; |
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(4) an emergency medical services organization under |
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the jurisdiction of the Department of State Health Services; |
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(5) any other agency under the jurisdiction of the |
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state fire marshal's office; or |
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(6) any other organization or corporation that governs |
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an emergency services organization. |
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(c) A person is disqualified from serving as an emergency |
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services commissioner if that person: |
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(1) is related within the third degree of affinity or |
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consanguinity to: |
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(A) a person providing professional services to |
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the district; |
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(B) a commissioner of the same district; or |
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(C) a person who is an employee or volunteer of an |
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emergency services organization providing emergency services to |
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the district; |
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(2) is an employee of a commissioner of the same |
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district, attorney, or other person providing professional |
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services to the district; |
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(3) is serving as an attorney, consultant, or |
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architect or in some other professional capacity for the district |
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or an emergency services organization providing emergency services |
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to the district; or |
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(4) fails to maintain the qualifications required by |
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law to serve as a commissioner. |
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(d) Any rights obtained by a third party through official |
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action of a board covered by this section are not impaired or |
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affected by the disqualification under this section of an emergency |
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services commissioner to serve, provided that the third party had |
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no knowledge, at the time the rights were obtained, of the fact that |
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the commissioner was disqualified to serve. |
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SECTION 3. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0446 to read as follows: |
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Sec. 775.0446. VACANCY ON BOARD OF DISTRICT LOCATED IN |
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CERTAIN COUNTIES. |
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(a) This section applies only to a county: |
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(1) with a population of more than 200,000; |
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(2) that borders Lake Palestine; and |
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(3) has at least one emergency services district. |
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(b) In this section, "vacancy" means a vacancy in the office |
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of director that occurs for any reason, including an office that is |
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vacant because: |
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(1) a director was disqualified under Section |
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775.0356; or |
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(2) no candidate filed for election to the office. |
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(c) Not later than the 90th day after a board vacancy |
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occurs, the remaining board members shall appoint a person to fill |
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the unexpired term. |
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(3) A person appointed under this section must be |
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eligible to serve under Section 775.0346. |
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SECTION 4. This Act takes effect September 1, 2013. |