Texas 2013 - 83rd Regular

Texas Senate Bill SB1265 Compare Versions

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1	1	83R24131 JXC-F
2	2	By: Nichols S.B. No. 1265
3	3	(Ritter)
4	4	Substitute the following for S.B. No. 1265: No.
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;
17	17	(2) with a population of more than 200,000 that
18	18	borders Lake Palestine; or
19	19	(3) with a population of less than 200,000 that
20	20	borders another state and the Gulf Intracoastal Waterway.
21	21	SECTION 2. The heading to Section 775.0345, Health and
22	22	Safety Code, is amended to read as follows:
23	23	Sec. 775.0345. ELECTION OF BOARD IN CERTAIN [POPULOUS]
24	24	COUNTIES.
25	25	SECTION 3. Section 775.0345, Health and Safety Code, is
26	26	amended by amending Subsections (a), (b), (e), (f), and (g) and
27	27	adding Subsections (b-1), (d-1), and (h-1) to read as follows:
28	28	(a) This section applies only to a district located wholly
29	29	in a county:
30	30	(1) with a population of more than three million;
31	31	(2) with a population of more than 200,000 that
32	32	borders Lake Palestine; or
33	33	(3) with a population of less than 200,000 that
34	34	borders another state and the Gulf Intracoastal Waterway.
35	35	(b) The governing body of a district consists of a
36	36	five-person board of emergency services commissioners elected as
37	37	prescribed by this section. Except as provided by Subsections (h)
38	38	and (h-1) [Subsection (h)], emergency services commissioners serve
39	39	four-year terms.
40	40	(b-1) Notwithstanding Subsection (b), the governing body of
41	41	a district described by Subsection (a)(2) or (3) is governed by a
42	42	five-member board of emergency services commissioners elected from
43	43	single-member districts. One director is elected from each
44	44	single-member district. As soon as possible after the district is
45	45	created, the commissioners court of the county in which the
46	46	district is located shall divide the district into five numbered
47	47	single-member districts.
48	48	(d-1) Notwithstanding Subsection (d), to be eligible to be a
49	49	candidate for emergency services commissioner in a single-member
50	50	district on an initial board in a district described by Subsection
51	51	(a)(2) or (3), a person must be at least 18 years of age and a
52	52	resident of that single-member district.
53	53	(e) A candidate for emergency services commissioner on an
54	54	initial board must give the voter registrar of the county [clerk] a
55	55	sworn notice of the candidate's intention to run for office. The
56	56	notice must state the person's name, age, and address and state that
57	57	the person is serving notice of intent to run for emergency services
58	58	commissioner. If the person intends to run for emergency services
59	59	commissioner in a single-member district in a district described by
60	60	Subsection (a)(2) or (3), the notice must also specify the
61	61	single-member district the person seeks to represent. On receipt
62	62	of the notice, the voter registrar of the county [clerk] shall have
63	63	the candidate's name placed on the ballot.
64	64	(f) The voter registrar of the county [clerk] shall appoint
65	65	an election judge to certify the results of the election.
66	66	(g) After the election is held, the voter registrar or
67	67	deputy registrar of the county [clerk or the clerk's deputy] shall
68	68	prepare a sworn statement of the election costs incurred by the
69	69	county. The statement shall be given to the newly elected board,
70	70	which shall order the appropriate official to reimburse the county
71	71	for the county's election costs.
72	72	(h-1) Notwithstanding Subsection (h), the five initial
73	73	emergency services commissioners elected from single-member
74	74	districts in a district described by Subsection (a)(2) or (3) shall
75	75	draw lots to determine which two commissioners serve terms that
76	76	expire on December 31 of the second year following the year in which
77	77	the election was held and which three commissioners serve terms
78	78	that expire on December 31 of the fourth year following the year in
79	79	which the election was held.
80	80	SECTION 4. The heading to Section 775.0355, Health and
81	81	Safety Code, is amended to read as follows:
82	82	Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES
83	83	COMMISSIONERS IN CERTAIN [POPULOUS] COUNTIES.
84	84	SECTION 5. Section 775.0355(b), Health and Safety Code, is
85	85	amended to read as follows:
86	86	(b) This section applies only to a district located wholly
87	87	in a county:
88	88	(1) with a population of more than three million;
89	89	(2) with a population of more than 200,000 that
90	90	borders Lake Palestine; or
91	91	(3) with a population of less than 200,000 that
92	92	borders another state and the Gulf Intracoastal Waterway.
93	93	SECTION 6. The heading to Section 775.0445, Health and
94	94	Safety Code, is amended to read as follows:
95	95	Sec. 775.0445. VACANCY ON BOARD OF DISTRICT LOCATED IN
96	96	CERTAIN [POPULOUS] COUNTIES.
97	97	SECTION 7. Section 775.0445(b), Health and Safety Code, is
98	98	amended to read as follows:
99	99	(b) This section applies only to a district located wholly
100	100	in a county:
101	101	(1) with a population of more than three million;
102	102	(2) with a population of more than 200,000 that
103	103	borders Lake Palestine; or
104	104	(3) with a population of less than 200,000 that
105	105	borders another state and the Gulf Intracoastal Waterway.
106	106	SECTION 8. (a) This Act does not prohibit a person who is a
107	107	commissioner on the effective date of this Act and who was appointed
108	108	under Section 775.034, Health and Safety Code, from running for
109	109	election to the board if the person has the qualifications required
110	110	for a member under Section 775.0345, Health and Safety Code, as
111	111	amended by this Act.
112	112	(b) The terms of the members of a board of emergency
113	113	services commissioners serving on the effective date of this Act
114	114	who were appointed under Section 775.034, Health and Safety Code,
115	115	before the effective date of this Act expire on the date a majority
116	116	of the members of the initial board of emergency services
117	117	commissioners elected under Subsection (c) of this section qualify
118	118	to serve.
119	119	(c) The county judge of a county with an emergency services
120	120	district to which Section 775.0345(a)(2) or (3), Health and Safety
121	121	Code, as added by this Act, applies on the effective date of this
122	122	Act and to which Section 775.034, Health and Safety Code,
123	123	previously applied, shall establish an election to elect the
124	124	initial emergency services commissioners of that district in the
125	125	manner required by Sections 775.0345(c)-(h-1), Health and Safety
126	126	Code, for election of the initial commissioners as if the district
127	127	had been created on the effective date of this Act.
128	128	SECTION 9. This Act takes effect September 1, 2013.