83R14628 JXC-F
By: Eltife S.B. No. 1856
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. Section 775.034(h), 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 more than 200,000 that
borders Lake Palestine.
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. Sections 775.0345(a), (e), (f), and (g), Health
and Safety Code, are 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 more than 200,000 that
borders Lake Palestine.
(e) A candidate for emergency services commissioner on an
initial board must give the voter registrar of 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 voter registrar of the
county [clerk] shall have the candidate's name placed on the
ballot.
(f) The voter registrar of the county [clerk] shall appoint
an election judge to certify the results of the election.
(g) After the election is held, the voter registrar or
deputy registrar of 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.
SECTION 4. The heading to Section 775.0355, Health and
Safety Code, is amended to read as follows:
Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES
COMMISSIONERS IN CERTAIN [POPULOUS] COUNTIES.
SECTION 5. Section 775.0355(b), 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 more than 200,000 that
borders Lake Palestine.
SECTION 6. 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 7. Section 775.0445(b), 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 more than 200,000 that
borders Lake Palestine.
SECTION 8. (a) 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.
(b) The terms of the members of a board of emergency
services commissioners serving on the effective date of this Act
who were appointed under Section 775.034, Health and Safety Code,
before the effective date of this Act expire on the date a majority
of the members of the initial board of emergency services
commissioners elected under Subsection (c) of this section qualify
to serve.
(c) The county judge of a county with an emergency services
district to which Section 775.0345(a)(2), Health and Safety Code,
as added by this Act, applies on the effective date of this Act and
to which Section 775.034, Health and Safety Code, previously
applied, shall establish an election to elect the initial emergency
services commissioners of that district in the manner required by
Sections 775.0345(c)-(h), Health and Safety Code, for election of
the initial commissioners as if the district had been created on the
effective date of this Act.
SECTION 9. This Act takes effect September 1, 2013.