82R21333 JXC-F
By: Orr, Kleinschmidt, et al. H.B. No. 1619
Substitute the following for H.B. No. 1619:
By: Coleman C.S.H.B. No. 1619
A BILL TO BE ENTITLED
AN ACT
relating to emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0365 to read as follows:
Sec. 775.0365. BOARD TRAINING. (a) An emergency services
commissioner shall complete at least six hours of continuing
education relating to the performance of the duties of an emergency
services commissioner at least once in a two-year period.
(b) Continuing education instruction required by Subsection
(a) must be certified by an institution of higher education as
defined by Section 61.003, Education Code.
(c) For purposes of Subsection (a), an emergency services
commissioner may carry forward from one two-year period to the next
two-year period not more than three continuing education hours that
the commissioner completes in excess of the required six hours.
(d) For purposes of removal under Section 775.0422 or
775.0423, "incompetency" includes the failure of an emergency
services commissioner to comply with Subsection (a).
SECTION 2. The heading to Section 775.0422, Health and
Safety Code, is amended to read as follows:
Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY
COMMISSIONERS COURT [FOR FAILURE TO GIVE REPORT].
SECTION 3. Section 775.0422, Health and Safety Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (a-1) and (b-1) to read as follows:
(a) This section does not apply to a district unless the
commissioners court of the county in which the district is located
adopts this section by resolution.
(a-1) This section applies only to an appointed board
member. This section does not apply to a board member who:
(1) is elected; or
(2) is appointed to fill a vacancy in an elected board
member position.
(b) The commissioners court of the county in which a
district is located, by an order adopted by a majority vote after a
hearing, may remove a [one or more] board member for:
(1) incompetency, as defined by Section 87.011, Local
Government Code;
(2) official misconduct, as defined by Section 87.011,
Local Government Code; or
(3) misconduct, as defined by Section 178.001, Local
Government Code [members if the board failed to give the report
required by Section 775.036(a)(4) to the commissioners court before
the 91st day after the date on which the report was due under that
section].
(b-1) Section 551.0745, Government Code, applies to a
deliberation regarding a removal of a board member in the same
manner as that section applies to a deliberation regarding a
dismissal of a member of an advisory body.
(c) Not later than [Before] the 30th [60th] day before
[after] the date on which the hearing is held, a [report was due,
each] commissioners court seeking removal under this section must:
(1) notify the board members that it is considering
that action; and
(2) provide the board member with an opportunity to
show cause why the board member should not be removed.
SECTION 4. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0423 to read as follows:
Sec. 775.0423. REMOVAL OF ELECTED BOARD MEMBER. (a) This
section applies only to a board member who:
(1) is elected; or
(2) is appointed to fill a vacancy in an elected board
member position.
(b) A board member may be removed using the procedures
provided by Chapter 87, Local Government Code, for:
(1) incompetency, as defined by Section 87.011, Local
Government Code;
(2) official misconduct, as defined by Section 87.011,
Local Government Code;
(3) intoxication, as described by Section 87.013,
Local Government Code; or
(4) misconduct, as defined by Section 178.001, Local
Government Code.
(c) The validity of a board action is not affected because
it is taken when a ground for removal of a board member exists.
SECTION 5. Section 775.074, Health and Safety Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) The board may not set the tax rate for a fiscal year
before the date the board adopts a budget for that fiscal year.
SECTION 6. Section 775.082, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) When a district located wholly in one county fails to
complete and file the audit report by September 1 of each year and a
county auditor is not ordered to prepare the report, the president
and treasurer of the board are removed from the board and the
commissioners court shall fill the vacancies as provided by Section
775.034.
SECTION 7. Subchapter C, Chapter 776, Health and Safety
Code, is amended by adding Sections 776.0355 and 776.0356 to read as
follows:
Sec. 776.0355. BOARD TRAINING. (a) An emergency services
commissioner shall complete at least six hours of continuing
education relating to the performance of the duties of an emergency
services commissioner at least once in a two-year period.
(b) Continuing education instruction required by Subsection
(a) must be certified by an institution of higher education as
defined by Section 61.003, Education Code.
(c) For purposes of Subsection (a), an emergency services
commissioner may carry forward from one two-year period to the next
two-year period not more than three continuing education hours that
the commissioner completes in excess of the required six hours.
(d) For purposes of removal under Section 776.0356,
"incompetency" includes the failure of an emergency services
commissioner to comply with Subsection (a).
Sec. 776.0356. REMOVAL OF BOARD MEMBER BY COMMISSIONERS
COURT. (a) This section does not apply to a district unless the
commissioners court of the county in which the district is located
adopts this section by resolution.
(b) The commissioners court of the county in which a
district is located, by an order adopted by a majority vote after a
hearing, may remove a board member for:
(1) incompetency, as defined by Section 87.011, Local
Government Code;
(2) official misconduct, as defined by Section 87.011,
Local Government Code; or
(3) misconduct, as defined by Section 178.001, Local
Government Code.
(c) Section 551.0745, Government Code, applies to a
deliberation regarding a removal of a board member in the same
manner as that section applies to a deliberation regarding a
dismissal of a member of an advisory body.
(d) Not later than the 30th day before the date on which a
hearing is held, a commissioners court seeking removal under this
section must:
(1) notify the board members that it is considering
that action; and
(2) provide the board member with an opportunity to
show cause why the board member should not be removed.
(e) The validity of a board action is not affected because
it is taken when a ground for removal of a board member exists.
SECTION 8. Section 776.075, Health and Safety Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) The board may not set the tax rate for a fiscal year
before the date the board adopts a budget for that fiscal year.
SECTION 9. This Act takes effect September 1, 2011.