| 1 | 1 | | By: Schwertner (Senate Sponsor - Ogden) H.B. No. 1917 |
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| 2 | 2 | | (In the Senate - Received from the House April 19, 2011; |
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| 3 | 3 | | April 26, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 6, 2011, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 6, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the removal of appointed emergency services |
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| 11 | 11 | | commissioners by a commissioners court. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The heading to Section 775.0422, Health and |
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| 14 | 14 | | Safety Code, is amended to read as follows: |
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| 15 | 15 | | Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY |
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| 16 | 16 | | COMMISSIONERS COURT [FOR FAILURE TO GIVE REPORT]. |
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| 17 | 17 | | SECTION 2. Section 775.0422, Health and Safety Code, is |
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| 18 | 18 | | amended by amending Subsections (b) and (c) and adding Subsection |
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| 19 | 19 | | (b-1) to read as follows: |
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| 20 | 20 | | (b) The commissioners court of the county in which a |
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| 21 | 21 | | district is located, by an order adopted by a majority vote after a |
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| 22 | 22 | | hearing, may remove a [one or more] board member for: |
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| 23 | 23 | | (1) incompetency, as defined by Section 87.011, Local |
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| 24 | 24 | | Government Code; |
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| 25 | 25 | | (2) official misconduct, as defined by Section 87.011, |
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| 26 | 26 | | Local Government Code; or |
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| 27 | 27 | | (3) misconduct, as defined by Section 178.001, Local |
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| 28 | 28 | | Government Code [members if the board failed to give the report |
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| 29 | 29 | | required by Section 775.036(a)(4) to the commissioners court before |
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| 30 | 30 | | the 91st day after the date on which the report was due under that |
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| 31 | 31 | | section]. |
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| 32 | 32 | | (b-1) Section 551.0745, Government Code, applies to a |
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| 33 | 33 | | deliberation regarding a removal of a board member in the same |
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| 34 | 34 | | manner as that section applies to a deliberation regarding a |
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| 35 | 35 | | dismissal of a member of an advisory body. |
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| 36 | 36 | | (c) Not later than [Before] the 30th [60th] day before |
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| 37 | 37 | | [after] the date on which the hearing is held, a [report was due, |
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| 38 | 38 | | each] commissioners court seeking removal under this section must |
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| 39 | 39 | | notify the board members that it is considering that action. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2011. |
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| 45 | 45 | | * * * * * |
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