By: Schaefer H.B. No. 3257
A BILL TO BE ENTITLED
AN ACT
relating to the election of emergency service commissioners in
certain counties.
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 775.0346 to read as follows:
Sec. 775.0346. ELECTION OF BOARD IN CERTAIN COUNTIES.
(a) This section applies only to a county:
(1) with a population of more than 200,000;
(2) that borders Lake Palestine; and
(3) has at least one emergency services district.
(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 terms.
(c) After a district is created, the county judge shall
establish a convenient day provided by Section 41.001, Election
Code, to conduct an election to elect the initial emergency
services commissioners.
(d) If the district is already in existence on the effective
date of this section, the county judge shall establish a convenient
day provided by Section 41.001, Election Code, to conduct an
election to elect emergency services commissioners.
(e) To be eligible to be a candidate for emergency services
commissioner, a person must be at least 18 years of age and a
resident of the district.
(f) A candidate for emergency services commissioner on an
initial board or a board already in existence on the effective date
of this section must give the county clerk a sworn notice of the
candidate's intention to run for office. The notice must state the
person's name, age, and address and state that the person is serving
notice of intent to run for emergency services commissioner. On
receipt of the notice, the county clerk shall have the candidate's
name placed on the ballot.
(g) The county clerk shall appoint an election judge to
certify the results of the election.
(h) After the election is held, the county clerk or the
clerk's deputy shall prepare a sworn statement of the election
costs incurred by the county. The statement shall be given to the
newly elected board, which shall order the appropriate official to
reimburse the county for the county's election costs.
(i) 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) In a district already in existence on the effective date
of this section, the emergency services commissioners' terms of
office begin 30 days after canvassing of election results. At this
time, the terms of office for previously appointed emergency
services commissioners shall expire. 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.
(j) The board shall hold the general election for
commissioner every two years 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.
(k) Subchapter C, Chapter 146, Election Code, applies to a
write-in candidate for emergency services commissioner under this
section in the same manner it applies to a write-in candidate for a
city office under that subchapter.
SECTION 2. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0356 to read as follows:
Sec. 755.0356. DISQUALIFICATION OF EMERGENCY SERVICE
COMMISSIONERS IN CERTAIN COUNTIES.
(a) This section applies only to a county:
(1) with a population of more than 200,000;
(2) that borders Lake Palestine; and
(3) has at least one emergency services district.
(b) In this section, "emergency services organization"
means:
(1) a volunteer fire department;
(2) a career or combination fire department;
(3) a municipal fire department;
(4) an emergency medical services organization under
the jurisdiction of the Department of State Health Services;
(5) any other agency under the jurisdiction of the
state fire marshal's office; or
(6) any other organization or corporation that governs
an emergency services organization.
(c) A person is disqualified from serving as an emergency
services commissioner if that person:
(1) is related within the third degree of affinity or
consanguinity to:
(A) a person providing professional services to
the district;
(B) a commissioner of the same district; or
(C) a person who is an employee or volunteer of an
emergency services organization providing emergency services to
the district;
(2) is an employee of a commissioner of the same
district, attorney, or other person providing professional
services to the district;
(3) is serving as an attorney, consultant, or
architect or in some other professional capacity for the district
or an emergency services organization providing emergency services
to the district; or
(4) fails to maintain the qualifications required by
law to serve as a commissioner.
(d) Any rights obtained by a third party through official
action of a board covered by this section are not impaired or
affected by the disqualification under this section of an emergency
services commissioner to serve, provided that the third party had
no knowledge, at the time the rights were obtained, of the fact that
the commissioner was disqualified to serve.
SECTION 3. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0446 to read as follows:
Sec. 775.0446. VACANCY ON BOARD OF DISTRICT LOCATED IN
CERTAIN COUNTIES.
(a) This section applies only to a county:
(1) with a population of more than 200,000;
(2) that borders Lake Palestine; and
(3) has at least one emergency services district.
(b) In this section, "vacancy" means a vacancy in the office
of director that occurs for any reason, including an office that is
vacant because:
(1) a director was disqualified under Section
775.0356; or
(2) no candidate filed for election to the office.
(c) Not later than the 90th day after a board vacancy
occurs, the remaining board members shall appoint a person to fill
the unexpired term.
(3) A person appointed under this section must be
eligible to serve under Section 775.0346.
SECTION 4. This Act takes effect September 1, 2013.