| |
|
|
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; or |
|
|
(2) with a population of more than 200,000 that |
|
|
borders Lake Palestine. |
|
|
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. Section 775.0345, Health and Safety Code, is |
|
|
amended by amending Subsections (a), (b), (e), (f), and (g) and |
|
|
adding Subsections (b-1), (d-1), and (h-1) 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; or |
|
|
(2) with a population of more than 200,000 that |
|
|
borders Lake Palestine. |
|
|
(b) The governing body of a district consists of a |
|
|
five-person board of emergency services commissioners elected as |
|
|
prescribed by this section. Except as provided by Subsections (h) |
|
|
and (h-1) [Subsection (h)], emergency services commissioners serve |
|
|
four-year terms. |
|
|
(b-1) Notwithstanding Subsection (b), the governing body of |
|
|
a district described by Subsection (a)(2) is governed by a |
|
|
five-member board of emergency services commissioners elected from |
|
|
single-member districts. One director is elected from each |
|
|
single-member district. As soon as possible after the district is |
|
|
created, the commissioners court of the county in which the |
|
|
district is located shall divide the district into five numbered |
|
|
single-member districts. |
|
|
(d-1) Notwithstanding Subsection (d), to be eligible to be a |
|
|
candidate for emergency services commissioner in a single-member |
|
|
district on an initial board in a district described by Subsection |
|
|
(a)(2), a person must be at least 18 years of age and a resident of |
|
|
that single-member district. |
|
|
(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. If the person intends to run for emergency services |
|
|
commissioner in a single-member district in a district described by |
|
|
Subsection (a)(2), the notice must also specify the single-member |
|
|
district the person seeks to represent. 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. |
|
|
(h-1) Notwithstanding Subsection (h), the five initial |
|
|
emergency services commissioners elected from single-member |
|
|
districts in a district described by Subsection (a)(2) shall draw |
|
|
lots to determine which two commissioners serve terms that expire |
|
|
on December 31 of the second year following the year in which the |
|
|
election was held and which three commissioners serve terms that |
|
|
expire on December 31 of the fourth year following the year in which |
|
|
the election was held. |
|
|
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; or |
|
|
(2) with a population of more than 200,000 that |
|
|
borders Lake Palestine. |
|
|
SECTION 8. (a) This Act does not prohibit a person who is |
|
|
an emergency services 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. |
|
|
(b) The terms of the members of a board of emergency |
|
|
services commissioners serving on the effective date of this Act |
|
|
who were appointed under Section 775.034, Health and Safety Code, |
|
|
before the effective date of this Act expire on the date a majority |
|
|
of the members of the initial board of emergency services |
|
|
commissioners elected under Subsection (c) of this section qualify |
|
|
to serve. |
|
|
(c) The county judge of a county with an emergency services |
|
|
district to which Subdivision (2), Subsection (a), Section |
|
|
775.0345, Health and Safety Code, as added by this Act, applies on |
|
|
the effective date of this Act and to which Section 775.034, Health |
|
|
and Safety Code, previously applied shall establish an election to |
|
|
elect the initial emergency services commissioners of that district |
|
|
in the manner required by Subsections (c) through (h), Section |
|
|
775.0345, Health and Safety Code, for election of the initial |
|
|
commissioners as if the district had been created on the effective |
|
|
date of this Act. |
|
|
SECTION 9. This Act takes effect September 1, 2013. |
|
|
|
|
|
* * * * * |