Texas 2009 - 81st Regular

Texas Senate Bill SB653 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4548 SJM-D
2	2	By: Zaffirini S.B. No. 653
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the accountability of emergency services district board
8	8	members to a county commissioners court.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 775.036(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) The board shall:
13	13	(1) hold regular monthly meetings and other meetings
14	14	as necessary;
15	15	(2) keep minutes and records of its acts and
16	16	proceedings;
17	17	(3) give reports required by the state fire marshal,
18	18	commissioner of health, and other authorized persons;
19	19	(4) give a quarterly written report [not later than
20	20	February 1 of each year] to the commissioners court including the
21	21	preceding quarter's:
22	22	(A) administration and operation practices;
23	23	(B) annual budget information;
24	24	(C) proposed annual tax rate information;
25	25	(D) debt services;
26	26	(E) financial standing;
27	27	(F) hiring practices for acquiring external
28	28	personnel, including financial advisors and auditors; and
29	29	(G) external audit results [regarding the
30	30	district's administration for the preceding calendar year and the
31	31	district's financial condition]; and
32	32	(5) administer the district in accordance with this
33	33	chapter.
34	34	SECTION 2. Subchapter C, Chapter 775, Health and Safety
35	35	Code, is amended by adding Section 775.039 to read as follows:
36	36	Sec. 775.039. NOTIFICATION OF HIRING PRACTICES BY
37	37	COMMISSIONERS COURT. A district may not hire a person to provide
38	38	professional services for the district, including audit,
39	39	financial, or legal services, unless the board first informs the
40	40	commissioners court of the county in which the district is located
41	41	of the practices the district will use to hire the person. If the
42	42	district is located in more than one county, the board must inform
43	43	the commissioners court of each of the counties in which the
44	44	district is located of the practices the district will use to hire
45	45	the person.
46	46	SECTION 3. Subchapter C, Chapter 775, Health and Safety
47	47	Code, is amended by adding Section 775.0422 to read as follows:
48	48	Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY
49	49	COMMISSIONERS COURT FOR FAILURE TO GIVE REPORT OR FILE AUDIT. (a)
50	50	This section applies only to an appointed member of a board. This
51	51	section does not apply to a member of a board who:
52	52	(1) is elected; or
53	53	(2) is appointed to fill a vacancy in an elected
54	54	commissioner's position.
55	55	(b) Except as provided by Subsection (c), the commissioners
56	56	court of the county in which a district is located may remove one or
57	57	more board members by majority vote if the board has failed to give
58	58	the report required by Section 775.036(a)(4) to, or file the audit
59	59	report required by Section 775.082(b) with, the commissioners court
60	60	before the 91st day after the date the report or audit was due under
61	61	those sections.
62	62	(c) If a board member was appointed by a single member of the
63	63	commissioners court, that member of the commissioners court may
64	64	unilaterally remove the board member for a cause listed under
65	65	Subsection (b). If the member of the commissioners court does not
66	66	remove the board member and cause for removal exists under
67	67	Subsection (b), the commissioners court may remove the board member
68	68	by majority vote. If the member of the commissioners court that
69	69	appointed a board member is no longer a member of the commissioners
70	70	court, the board member may be removed by majority vote of the
71	71	existing members of the commissioners court.
72	72	(d) Before the 60th day after the date the report or audit
73	73	was due, as appropriate:
74	74	(1) each commissioners court seeking removal under
75	75	this section must notify the board that it is considering that
76	76	action; or
77	77	(2) each member of the commissioners court seeking
78	78	removal of a particular board member under this section must notify
79	79	the board member that the member of the commissioners court is
80	80	considering that action.
81	81	(e) For a district located in more than one county, each
82	82	commissioners court must vote for a removal under this section that
83	83	requires the vote of a majority of a commissioners court.
84	84	(f) The validity of a board action is not affected because
85	85	it is taken when a ground for removal of a commissioner exists.
86	86	SECTION 4. The heading to Section 775.042, Health and
87	87	Safety Code, is amended to read as follows:
88	88	Sec. 775.042. REMOVAL OF BOARD MEMBER BY BOARD.
89	89	SECTION 5. Section 775.074(d), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(d) In establishing the rate of the ad valorem tax to be
92	92	collected for a year, the board shall consider the money that will
93	93	be available to pay the principal of and interest on any bonds or
94	94	notes issued and to create any reserve funds to the extent and in
95	95	the manner permitted by the resolution authorizing, or the trust
96	96	indenture securing, the bonds or notes. Before a board may change
97	97	the ad valorem tax rate of a district, the board must obtain the
98	98	approval of the commissioners court of the county in which the
99	99	district is located as provided by Section 775.0743. If the
100	100	district is located in more than one county, the board must obtain
101	101	the approval of the commissioners court of each of the counties in
102	102	which the district is located.
103	103	SECTION 6. Subchapter E, Chapter 775, Health and Safety
104	104	Code, is amended by adding Section 775.0743 to read as follows:
105	105	Sec. 775.0743. APPROVAL OF CHANGE IN AD VALOREM TAX RATE BY
106	106	COMMISSIONERS COURT. (a) To obtain a commissioners court's
107	107	approval of a proposed change in an ad valorem tax rate, a board
108	108	must file with each of the commissioners courts required under
109	109	Section 775.074(d) a written petition to change the ad valorem tax
110	110	rate. The petition must include:
111	111	(1) the name of the district;
112	112	(2) the names of the members of the board;
113	113	(3) the proposed change in the district tax rate; and
114	114	(4) the reasons for changing the tax rate.
115	115	(b) The commissioners court must approve or deny the
116	116	petition before the 31st day after the date the court receives the
117	117	petition. If on the 31st day after the date the petition is filed
118	118	the commissioners court has not approved or disapproved the
119	119	petition, the petition is considered to be approved by the
120	120	commissioners court and the board may certify the proposed tax rate
121	121	to the county tax assessor-collector under Section 775.074(e).
122	122	SECTION 7. The board of emergency services commissioners
123	123	shall submit an initial quarterly report required under Section
124	124	775.036(a), Health and Safety Code, as amended by this Act, not
125	125	later than February 1, 2010.
126	126	SECTION 8. Section 775.0422, Health and Safety Code, as
127	127	added by this Act, applies only to a report or audit due on or after
128	128	the effective date of this Act.
129	129	SECTION 9. This Act takes effect immediately if it receives
130	130	a vote of two-thirds of all the members elected to each house, as
131	131	provided by Section 39, Article III, Texas Constitution. If this
132	132	Act does not receive the vote necessary for immediate effect, this
133	133	Act takes effect September 1, 2009.