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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 and filling of vacant |
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board positions for emergency services districts in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.034(h), Health and Safety Code, is |
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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; or |
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(4) with a population of more than 1.5 million that |
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does not border another county with a population of more than 1.5 |
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million. |
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SECTION 2. Section 775.0345(a), Health and Safety Code, is |
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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; or |
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(4) with a population of more than 1.5 million that |
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does not border another county with a population of more than 1.5 |
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million. |
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SECTION 3. Section 775.0355(b), Health and Safety Code, is |
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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; or |
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(4) with a population of more than 1.5 million that |
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does not border another county with a population of more than 1.5 |
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million. |
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SECTION 4. Section 775.0445(b), Health and Safety Code, is |
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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; or |
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(4) with a population of more than 1.5 million that |
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does not border another county with a population of more than 1.5 |
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million. |
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SECTION 5. Section 775.082(e-1), Health and Safety Code, is |
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amended to read as follows: |
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(e-1) When a district located wholly in one county fails to |
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complete and file the audit report by September 1 of each year and a |
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county auditor is not ordered to prepare the report, the president |
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and treasurer of the board are removed from the board and the |
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commissioners court shall fill the vacancies for the remainder of |
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the unexpired term [as provided by Section 775.034]. |
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SECTION 6. (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 Section 775.0345(a)(4), Health and Safety Code, |
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as added by this Act, applies on the effective date of this Act and |
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to which Section 775.034, Health and Safety Code, previously |
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applied, shall establish an election to elect the initial emergency |
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services commissioners of that district in the manner required by |
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Section 775.0345, Health and Safety Code, for election of the |
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initial commissioners as if the district had been created on the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2020. |