H.B. No. 2529
AN ACT
relating to the terms of office of commissioners of certain
emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 775.0345(b), (h), and (i), Health and
Safety Code, are amended to read as follows:
(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 Subsection (h),
emergency services commissioners serve four-year [two-year] terms.
(h) The initial emergency services commissioners' terms of
office begin 30 days after canvassing of the election results. The
two commissioners who received the fewest votes serve a term that
expires on December 31 of the second year following the year in
which the election was held. The other emergency services
commissioners serve terms that expire on December 31 of the fourth
year following the year in which the election was held.
(i) The board shall hold the general election for
commissioner every two years [annually] on an authorized uniform
election date as provided by Chapter 41, Election Code. The board
may change the election date from one authorized election date to
another authorized election date and shall adjust the terms of
office to conform to the new election date.
SECTION 2. Sections 775.035(a), (g), and (h), Health and
Safety Code, are amended to read as follows:
(a) The governing body of a district located in more than
one county consists of a five-person board of emergency services
commissioners elected as prescribed by this section. Except as
provided by Subsection (g), emergency services commissioners serve
four-year [two-year] terms.
(g) The initial emergency services commissioners' terms of
office begin 30 days after canvassing of the election results. The
two commissioners who received the fewest votes serve a term that
expires on December 31 of the second year following the year in
which the election was held. The other emergency services
commissioners serve terms that expire on December 31 of the fourth
year following the year in which the election was held.
(h) The general election for commissioner shall be held
every two years [annually] on an authorized uniform election date
as provided by Chapter 41, Election Code. The board may change the
election date from one authorized election date to another
authorized election date and shall adjust the terms of office to
conform to the new election date.
SECTION 3. (a) The changes in law made by this Act do not
affect the entitlement of a person who is a commissioner serving on
an emergency services board immediately before the effective date
of this Act to continue to carry out the board's functions for the
remainder of the commissioner's term.
(b) This Act does not prohibit a person who is serving as a
commissioner on or after the effective date of this Act from:
(1) running for election to the board if the person has
qualifications required for a board member under Section 775.0345
or 775.035, Health and Safety Code, as amended by this Act; or
(2) continuing to serve until the election and
qualification of a new commissioner for that commissioner's
position.
(c) Sections 775.0345 and 775.035, Health and Safety Code,
as amended by this Act, govern all elections held after December 31,
2009. An emergency services commissioner elected at any election
held between July 1, 2007, and December 31, 2007, shall serve until
the November 2009 election. Commissioners elected at any election
between January 1, 2008, and June 30, 2008, shall serve until the
May 2010 election. Commissioners elected at any election held
between July 1, 2008, and December 31, 2008, shall serve until the
November 2010 election. Commissioners elected at any election held
between January 1, 2009, and June 30, 2009, shall serve until the
May 2012 election. Commissioners elected between July 1, 2009, and
December 31, 2009, shall serve until the November 2012 election.
SECTION 4. This Act takes effect January 1, 2010, but only
if the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, to allow the legislature to provide for
members of a governing board of an emergency services district to
serve terms not to exceed four years is approved by the voters. If
that amendment is not approved by the voters, this Act has no
effect.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2529 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2529 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor