Texas 2013 - 83rd Regular

Texas Senate Bill SB1856 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Eltife S.B. No. 1856
2	2	(In the Senate - Filed March 25, 2013; March 26, 2013, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 22, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	April 22, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1856 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the election of board members for emergency services
13	13	districts in certain counties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (h), Section 775.034, Health and
16	16	Safety Code, is amended to read as follows:
17	17	(h) This section does not apply to a district located wholly
18	18	in a county:
19	19	(1) with a population of more than three million; or
20	20	(2) with a population of more than 200,000 that
21	21	borders Lake Palestine.
22	22	SECTION 2. The heading to Section 775.0345, Health and
23	23	Safety Code, is amended to read as follows:
24	24	Sec. 775.0345. ELECTION OF BOARD IN CERTAIN [POPULOUS]
25	25	COUNTIES.
26	26	SECTION 3. Section 775.0345, Health and Safety Code, is
27	27	amended by amending Subsections (a), (b), (e), (f), and (g) and
28	28	adding Subsections (b-1), (d-1), and (h-1) to read as follows:
29	29	(a) This section applies only to a district located wholly
30	30	in a county:
31	31	(1) with a population of more than three million; or
32	32	(2) with a population of more than 200,000 that
33	33	borders Lake Palestine.
34	34	(b) The governing body of a district consists of a
35	35	five-person board of emergency services commissioners elected as
36	36	prescribed by this section. Except as provided by Subsections (h)
37	37	and (h-1) [Subsection (h)], emergency services commissioners serve
38	38	four-year terms.
39	39	(b-1) Notwithstanding Subsection (b), the governing body of
40	40	a district described by Subsection (a)(2) is governed by a
41	41	five-member board of emergency services commissioners elected from
42	42	single-member districts. One director is elected from each
43	43	single-member district. As soon as possible after the district is
44	44	created, the commissioners court of the county in which the
45	45	district is located shall divide the district into five numbered
46	46	single-member districts.
47	47	(d-1) Notwithstanding Subsection (d), to be eligible to be a
48	48	candidate for emergency services commissioner in a single-member
49	49	district on an initial board in a district described by Subsection
50	50	(a)(2), a person must be at least 18 years of age and a resident of
51	51	that single-member district.
52	52	(e) A candidate for emergency services commissioner on an
53	53	initial board must give the voter registrar of the county [clerk] a
54	54	sworn notice of the candidate's intention to run for office. The
55	55	notice must state the person's name, age, and address and state that
56	56	the person is serving notice of intent to run for emergency services
57	57	commissioner. If the person intends to run for emergency services
58	58	commissioner in a single-member district in a district described by
59	59	Subsection (a)(2), the notice must also specify the single-member
60	60	district the person seeks to represent. On receipt of the notice,
61	61	the voter registrar of the county [clerk] shall have the
62	62	candidate's name placed on the ballot.
63	63	(f) The voter registrar of the county [clerk] shall appoint
64	64	an election judge to certify the results of the election.
65	65	(g) After the election is held, the voter registrar or
66	66	deputy registrar of the county [clerk or the clerk's deputy] shall
67	67	prepare a sworn statement of the election costs incurred by the
68	68	county. The statement shall be given to the newly elected board,
69	69	which shall order the appropriate official to reimburse the county
70	70	for the county's election costs.
71	71	(h-1) Notwithstanding Subsection (h), the five initial
72	72	emergency services commissioners elected from single-member
73	73	districts in a district described by Subsection (a)(2) shall draw
74	74	lots to determine which two commissioners serve terms that expire
75	75	on December 31 of the second year following the year in which the
76	76	election was held and which three commissioners serve terms that
77	77	expire on December 31 of the fourth year following the year in which
78	78	the election was held.
79	79	SECTION 4. The heading to Section 775.0355, Health and
80	80	Safety Code, is amended to read as follows:
81	81	Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES
82	82	COMMISSIONERS IN CERTAIN [POPULOUS] COUNTIES.
83	83	SECTION 5. Subsection (b), Section 775.0355, Health and
84	84	Safety Code, is amended to read as follows:
85	85	(b) This section applies only to a district located wholly
86	86	in a county:
87	87	(1) with a population of more than three million; or
88	88	(2) with a population of more than 200,000 that
89	89	borders Lake Palestine.
90	90	SECTION 6. The heading to Section 775.0445, Health and
91	91	Safety Code, is amended to read as follows:
92	92	Sec. 775.0445. VACANCY ON BOARD OF DISTRICT LOCATED IN
93	93	CERTAIN [POPULOUS] COUNTIES.
94	94	SECTION 7. Subsection (b), Section 775.0445, Health and
95	95	Safety Code, is amended to read as follows:
96	96	(b) This section applies only to a district located wholly
97	97	in a county:
98	98	(1) with a population of more than three million; or
99	99	(2) with a population of more than 200,000 that
100	100	borders Lake Palestine.
101	101	SECTION 8. (a) This Act does not prohibit a person who is
102	102	an emergency services commissioner on the effective date of this
103	103	Act and who was appointed under Section 775.034, Health and Safety
104	104	Code, from running for election to the board if the person has the
105	105	qualifications required for a member under Section 775.0345, Health
106	106	and Safety Code, as amended by this Act.
107	107	(b) The terms of the members of a board of emergency
108	108	services commissioners serving on the effective date of this Act
109	109	who were appointed under Section 775.034, Health and Safety Code,
110	110	before the effective date of this Act expire on the date a majority
111	111	of the members of the initial board of emergency services
112	112	commissioners elected under Subsection (c) of this section qualify
113	113	to serve.
114	114	(c) The county judge of a county with an emergency services
115	115	district to which Subdivision (2), Subsection (a), Section
116	116	775.0345, Health and Safety Code, as added by this Act, applies on
117	117	the effective date of this Act and to which Section 775.034, Health
118	118	and Safety Code, previously applied shall establish an election to
119	119	elect the initial emergency services commissioners of that district
120	120	in the manner required by Subsections (c) through (h), Section
121	121	775.0345, Health and Safety Code, for election of the initial
122	122	commissioners as if the district had been created on the effective
123	123	date of this Act.
124	124	SECTION 9. This Act takes effect September 1, 2013.
125	125	* * * * *