By: Nichols S.B. No. 1265
 
 
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.  Subsection (h), Section 775.034, 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;
               (2)  with a population of more than 200,000 that
  borders Lake Palestine; or
               (3)  with a population of less than 200,000 that
  borders another state and the Gulf Intracoastal Waterway.
         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.  Subsections (a), (e), (f), and (g), Section
  775.0345, 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;
               (2)  with a population of more than 200,000 that
  borders Lake Palestine; or
               (3)  with a population of less than 200,000 that
  borders another state and the Gulf Intracoastal Waterway.
         (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.  Subsection (b), Section 775.0355, 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.  Subsection (b), Section 775.0445, 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;
               (2)  with a population of more than 200,000 that
  borders Lake Palestine; or
               (3)  with a population of less than 200,000 that
  borders another state and the Gulf Intracoastal Waterway.
         SECTION 8.  (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 2014, the county judge of a county with an emergency
  services district to which Subdivision (2) or (3), Subsection (a),
  Section 775.0345, Health and Safety Code, as added 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 2015, 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 9.  This Act takes effect September 1, 2013.