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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. Subsection (h), Section 775.034, Health and |
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Safety Code, is 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; |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine; or |
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(3) with a population of less than 200,000 that |
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borders another state and the Gulf Intracoastal Waterway. |
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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. Subsections (a), (e), (f), and (g), Section |
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775.0345, Health 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; |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine; or |
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(3) with a population of less than 200,000 that |
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borders another state and the Gulf Intracoastal Waterway. |
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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. Subsection (b), Section 775.0355, Health and |
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Safety Code, is 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. Subsection (b), Section 775.0445, Health and |
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Safety Code, is 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; |
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(2) with a population of more than 200,000 that |
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borders Lake Palestine; or |
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(3) with a population of less than 200,000 that |
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borders another state and the Gulf Intracoastal Waterway. |
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SECTION 8. (a) The changes in law made by this Act do not |
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affect the entitlement of a commissioner of a board of emergency |
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services commissioners serving on the board immediately before the |
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effective date of this Act to continue to carry out the board's |
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functions for the remainder of the commissioner's term. |
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(b) 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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(c) A person serving as a member of a board of emergency |
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services commissioners on the effective date of this Act who was |
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appointed under Section 775.034, Health and Safety Code, shall |
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continue to serve until the election and qualification of a new |
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commissioner for that position. |
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(d) In 2014, the county judge of a county with an emergency |
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services district to which Subdivision (2) or (3), Subsection (a), |
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Section 775.0345, Health and Safety Code, as added by this Act, |
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applies and to which Section 775.034, Health and Safety Code, |
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previously applied, shall establish an election as required by |
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Section 775.0345 to replace a commissioner appointed before the |
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effective date of this Act as near as practicable to the date of the |
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expiration of the appointed commissioner's term. A commissioner |
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elected under this subsection serves a two-year term but the |
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successor serves a four-year term as provided by Section 775.0345, |
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Health and Safety Code. |
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(e) In 2015, the county judge shall repeat the procedures |
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described by Subsection (d) of this section for the remaining |
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appointed commissioners. A commissioner elected under this |
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subsection serves a three-year term but the successor serves a |
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four-year term as provided by Section 775.0345, Health and Safety |
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Code. |
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SECTION 9. This Act takes effect September 1, 2013. |