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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. Section 775.0345, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (e), (f), and (g) and |
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adding Subsections (b-1), (d-1), and (h-1) 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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(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 Subsections (h) |
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and (h-1) [Subsection (h)], emergency services commissioners serve |
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four-year terms. |
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(b-1) Notwithstanding Subsection (b), the governing body of |
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a district described by Subsection (a)(2) or (3) is governed by a |
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five-member board of emergency services commissioners elected from |
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single-member districts. One director is elected from each |
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single-member district. As soon as possible after the district is |
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created, the commissioners court of the county in which the |
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district is located shall divide the district into five numbered |
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single-member districts. |
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(d-1) Notwithstanding Subsection (d), to be eligible to be a |
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candidate for emergency services commissioner in a single-member |
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district on an initial board in a district described by Subsection |
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(a)(2) or (3), a person must be at least 18 years of age and a |
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resident of that single-member district. |
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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. If the person intends to run for emergency services |
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commissioner in a single-member district in a district described by |
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Subsection (a)(2) or (3), the notice must also specify the |
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single-member district the person seeks to represent. On receipt |
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of the notice, the voter registrar of the county [clerk] shall have |
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the candidate's name placed on the 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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(h-1) Notwithstanding Subsection (h), the five initial |
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emergency services commissioners elected from single-member |
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districts in a district described by Subsection (a)(2) or (3) shall |
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draw lots to determine which two commissioners serve terms that |
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expire on December 31 of the second year following the year in which |
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the election was held and which three commissioners serve terms |
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that expire on December 31 of the fourth year following the year in |
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which the election was held. |
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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; |
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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 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) 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 Subdivision (2) or (3), Subsection (a), Section |
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775.0345, Health and Safety Code, as added by this Act, applies on |
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the effective date of this Act and to which Section 775.034, Health |
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and Safety Code, previously applied, shall establish an election to |
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elect the initial emergency services commissioners of that district |
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in the manner required by Subsections (c) through (h-1), Section |
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775.0345, Health and Safety Code, for election of the initial |
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commissioners as if the district had been created on the effective |
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date of this Act. |
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SECTION 9. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1265 passed the Senate on |
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April 16, 2013, by the following vote: Yeas 29, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1265 passed the House, with |
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amendment, on May 17, 2013, by the following vote: Yeas 134, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |