Texas 2009 - 81st Regular

Texas House Bill HB2529 Compare Versions

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1	1	H.B. No. 2529
2	2
3	3
4	4	AN ACT
5	5	relating to the terms of office of commissioners of certain
6	6	emergency services districts.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 775.0345(b), (h), and (i), Health and
9	9	Safety Code, are amended to read as follows:
10	10	(b) The governing body of a district consists of a
11	11	five-person board of emergency services commissioners elected as
12	12	prescribed by this section. Except as provided by Subsection (h),
13	13	emergency services commissioners serve four-year [two-year] terms.
14	14	(h) The initial emergency services commissioners' terms of
15	15	office begin 30 days after canvassing of the election results. The
16	16	two commissioners who received the fewest votes serve a term that
17	17	expires on December 31 of the second year following the year in
18	18	which the election was held. The other emergency services
19	19	commissioners serve terms that expire on December 31 of the fourth
20	20	year following the year in which the election was held.
21	21	(i) The board shall hold the general election for
22	22	commissioner every two years [annually] on an authorized uniform
23	23	election date as provided by Chapter 41, Election Code. The board
24	24	may change the election date from one authorized election date to
25	25	another authorized election date and shall adjust the terms of
26	26	office to conform to the new election date.
27	27	SECTION 2. Sections 775.035(a), (g), and (h), Health and
28	28	Safety Code, are amended to read as follows:
29	29	(a) The governing body of a district located in more than
30	30	one county consists of a five-person board of emergency services
31	31	commissioners elected as prescribed by this section. Except as
32	32	provided by Subsection (g), emergency services commissioners serve
33	33	four-year [two-year] terms.
34	34	(g) The initial emergency services commissioners' terms of
35	35	office begin 30 days after canvassing of the election results. The
36	36	two commissioners who received the fewest votes serve a term that
37	37	expires on December 31 of the second year following the year in
38	38	which the election was held. The other emergency services
39	39	commissioners serve terms that expire on December 31 of the fourth
40	40	year following the year in which the election was held.
41	41	(h) The general election for commissioner shall be held
42	42	every two years [annually] on an authorized uniform election date
43	43	as provided by Chapter 41, Election Code. The board may change the
44	44	election date from one authorized election date to another
45	45	authorized election date and shall adjust the terms of office to
46	46	conform to the new election date.
47	47	SECTION 3. (a) The changes in law made by this Act do not
48	48	affect the entitlement of a person who is a commissioner serving on
49	49	an emergency services board immediately before the effective date
50	50	of this Act to continue to carry out the board's functions for the
51	51	remainder of the commissioner's term.
52	52	(b) This Act does not prohibit a person who is serving as a
53	53	commissioner on or after the effective date of this Act from:
54	54	(1) running for election to the board if the person has
55	55	qualifications required for a board member under Section 775.0345
56	56	or 775.035, Health and Safety Code, as amended by this Act; or
57	57	(2) continuing to serve until the election and
58	58	qualification of a new commissioner for that commissioner's
59	59	position.
60	60	(c) Sections 775.0345 and 775.035, Health and Safety Code,
61	61	as amended by this Act, govern all elections held after December 31,
62	62	2009. An emergency services commissioner elected at any election
63	63	held between July 1, 2007, and December 31, 2007, shall serve until
64	64	the November 2009 election. Commissioners elected at any election
65	65	between January 1, 2008, and June 30, 2008, shall serve until the
66	66	May 2010 election. Commissioners elected at any election held
67	67	between July 1, 2008, and December 31, 2008, shall serve until the
68	68	November 2010 election. Commissioners elected at any election held
69	69	between January 1, 2009, and June 30, 2009, shall serve until the
70	70	May 2012 election. Commissioners elected between July 1, 2009, and
71	71	December 31, 2009, shall serve until the November 2012 election.
72	72	SECTION 4. This Act takes effect January 1, 2010, but only
73	73	if the constitutional amendment proposed by the 81st Legislature,
74	74	Regular Session, 2009, to allow the legislature to provide for
75	75	members of a governing board of an emergency services district to
76	76	serve terms not to exceed four years is approved by the voters. If
77	77	that amendment is not approved by the voters, this Act has no
78	78	effect.
79	79	______________________________ ______________________________
80	80	President of the Senate Speaker of the House
81	81	I certify that H.B. No. 2529 was passed by the House on April
82	82	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
83	83	voting.
84	84	______________________________
85	85	Chief Clerk of the House
86	86	I certify that H.B. No. 2529 was passed by the Senate on May
87	87	21, 2009, by the following vote: Yeas 31, Nays 0.
88	88	______________________________
89	89	Secretary of the Senate
90	90	APPROVED: _____________________
91	91	Date
92	92	_____________________
93	93	Governor