By: Nichols S.B. No. 1265
(In the Senate - Filed March 6, 2013; March 13, 2013, read
first time and referred to Committee on Intergovernmental
Relations; April 8, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 8, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1265 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the election of board members for emergency services
districts in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (h), Section 775.034, Health and
Safety Code, is amended to read as follows:
(h) This section does not apply to a district located wholly
in a county:
(1) with a population of more than three million; or
(2) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway.
SECTION 2. The heading to Section 775.0345, Health and
Safety Code, is amended to read as follows:
Sec. 775.0345. ELECTION OF BOARD IN CERTAIN [POPULOUS]
COUNTIES.
SECTION 3. Subsection (a), Section 775.0345, Health and
Safety Code, is amended to read as follows:
(a) This section applies only to a district located wholly
in a county:
(1) with a population of more than three million; or
(2) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway.
SECTION 4. The heading to Section 775.0445, Health and
Safety Code, is amended to read as follows:
Sec. 775.0445. VACANCY ON BOARD OF DISTRICT LOCATED IN
CERTAIN [POPULOUS] COUNTIES.
SECTION 5. Subsection (b), Section 775.0445, Health and
Safety Code, is amended to read as follows:
(b) This section applies only to a district located wholly
in a county:
(1) with a population of more than three million; or
(2) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway.
SECTION 6. (a) The changes in law made by this Act do not
affect the entitlement of a commissioner of a board of emergency
services commissioners serving on the board immediately before the
effective date of this Act to continue to carry out the board's
functions for the remainder of the commissioner's term.
(b) This Act does not prohibit a person who is a
commissioner on the effective date of this Act and who was appointed
under Section 775.034, Health and Safety Code, from running for
election to the board if the person has the qualifications required
for a member under Section 775.0345, Health and Safety Code, as
amended by this Act.
(c) A person serving as a member of a board of emergency
services commissioners on the effective date of this Act who was
appointed under Section 775.034, Health and Safety Code, shall
continue to serve until the election and qualification of a new
commissioner for that position.
(d) In 2014, the county judge of a county with an emergency
services district to which Subdivision (2), Subsection (a), Section
775.0345, Health and Safety Code, as added by this Act, applies and
to which Section 775.034, Health and Safety Code, previously
applied, shall establish an election as required by Section
775.0345 to replace a commissioner appointed before the effective
date of this Act as near as practicable to the date of the
expiration of the appointed commissioner's term. A commissioner
elected under this subsection serves a two-year term but the
successor serves a four-year term as provided by Section 775.0345,
Health and Safety Code.
(e) In 2015, the county judge shall repeat the procedures
described by Subsection (d) of this section for the remaining
appointed commissioners. A commissioner elected under this
subsection serves a three-year term but the successor serves a
four-year term as provided by Section 775.0345, Health and Safety
Code.
SECTION 7. This Act takes effect September 1, 2013.
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