Texas 2013 - 83rd Regular

Texas House Bill HB3257 Compare Versions

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Old	New	Differences
1	1	83R14496 JXC-F
2	2	By: Schaefer H.B. No. 3257
3	3	Substitute the following for H.B. No. 3257:
4	4	By: Morrison C.S.H.B. No. 3257
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the election of board members for emergency services
10	10	districts in certain counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 775.034(h), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(h) This section does not apply to a district located wholly
15	15	in a county:
16	16	(1) with a population of more than three million; or
17	17	(2) with a population of more than 200,000 that
18	18	borders Lake Palestine.
19	19	SECTION 2. The heading to Section 775.0345, Health and
20	20	Safety Code, is amended to read as follows:
21	21	Sec. 775.0345. ELECTION OF BOARD IN CERTAIN [POPULOUS]
22	22	COUNTIES.
23	23	SECTION 3. Sections 775.0345(a), (e), (f), and (g), Health
24	24	and Safety Code, are amended to read as follows:
25	25	(a) This section applies only to a district located wholly
26	26	in a county:
27	27	(1) with a population of more than three million; or
28	28	(2) with a population of more than 200,000 that
29	29	borders Lake Palestine.
30	30	(e) A candidate for emergency services commissioner on an
31	31	initial board must give the voter registrar of the county [clerk] a
32	32	sworn notice of the candidate's intention to run for office. The
33	33	notice must state the person's name, age, and address and state that
34	34	the person is serving notice of intent to run for emergency services
35	35	commissioner. On receipt of the notice, the voter registrar of the
36	36	county [clerk] shall have the candidate's name placed on the
37	37	ballot.
38	38	(f) The voter registrar of the county [clerk] shall appoint
39	39	an election judge to certify the results of the election.
40	40	(g) After the election is held, the voter registrar or
41	41	deputy registrar of the county [clerk or the clerk's deputy] shall
42	42	prepare a sworn statement of the election costs incurred by the
43	43	county. The statement shall be given to the newly elected board,
44	44	which shall order the appropriate official to reimburse the county
45	45	for the county's election costs.
46	46	SECTION 4. The heading to Section 775.0355, Health and
47	47	Safety Code, is amended to read as follows:
48	48	Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES
49	49	COMMISSIONERS IN CERTAIN [POPULOUS] COUNTIES.
50	50	SECTION 5. Section 775.0355(b), Health and Safety Code, is
51	51	amended to read as follows:
52	52	(b) This section applies only to a district located wholly
53	53	in a county:
54	54	(1) with a population of more than three million; or
55	55	(2) with a population of more than 200,000 that
56	56	borders Lake Palestine.
57	57	SECTION 6. The heading to Section 775.0445, Health and
58	58	Safety Code, is amended to read as follows:
59	59	Sec. 775.0445. VACANCY ON BOARD OF DISTRICT LOCATED IN
60	60	CERTAIN [POPULOUS] COUNTIES.
61	61	SECTION 7. Section 775.0445, Health and Safety Code, is
62	62	amended by amending Subsections (b) and (c) and adding Subsection
63	63	(c-1) to read as follows:
64	64	(b) This section applies only to a district located wholly
65	65	in a county:
66	66	(1) with a population of more than three million; or
67	67	(2) with a population of more than 200,000 that
68	68	borders Lake Palestine.
69	69	(c) Not later than the 90th day after a board vacancy occurs
70	70	in a county with a population of more than three million, the
71	71	remaining board members shall appoint a person to fill the
72	72	unexpired term.
73	73	(c-1) Not later than the 90th day after a board vacancy
74	74	occurs in a county with a population of more than 200,000 that
75	75	borders Lake Palestine, the remaining board members shall appoint a
76	76	person to serve until the next election of directors for the
77	77	district. If the vacant position is not regularly scheduled to be
78	78	filled at that election, the board shall by order require that the
79	79	election include an election to fill the position for the unexpired
80	80	term. The appointed director's term ends on the qualification of
81	81	the director elected at that election.
82	82	SECTION 8. (a) This Act does not prohibit a person who is a
83	83	commissioner on the effective date of this Act and who was appointed
84	84	under Section 775.034, Health and Safety Code, from running for
85	85	election to the board if the person has the qualifications required
86	86	for a member under Section 775.0345, Health and Safety Code, as
87	87	amended by this Act.
88	88	(b) The terms of the members of a board of emergency
89	89	services commissioners serving on the effective date of this Act
90	90	who were appointed under Section 775.034, Health and Safety Code,
91	91	before the effective date of this Act expire on the date a majority
92	92	of the members of the initial board of emergency services
93	93	commissioners elected under Subsection (c) of this section qualify
94	94	to serve.
95	95	(c) The county judge of a county with an emergency services
96	96	district to which Section 775.0345(a)(2), Health and Safety Code,
97	97	as added by this Act, applies on the effective date of this Act and
98	98	to which Section 775.034, Health and Safety Code, previously
99	99	applied, shall establish an election to elect the initial emergency
100	100	services commissioners of that district in the manner required by
101	101	Sections 775.0345(c)-(h), Health and Safety Code, for election of
102	102	the initial commissioners as if the district had been created on the
103	103	effective date of this Act.
104	104	SECTION 9. This Act takes effect September 1, 2013.