By: Eltife S.B. No. 1856
(In the Senate - Filed March 25, 2013; March 26, 2013, read
first time and referred to Committee on Intergovernmental
Relations; April 22, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 22, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1856 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 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. Section 775.0345, Health and Safety Code, is
amended by amending Subsections (a), (b), (e), (f), and (g) and
adding Subsections (b-1), (d-1), and (h-1) 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.
(b) The governing body of a district consists of a
five-person board of emergency services commissioners elected as
prescribed by this section. Except as provided by Subsections (h)
and (h-1) [Subsection (h)], emergency services commissioners serve
four-year terms.
(b-1) Notwithstanding Subsection (b), the governing body of
a district described by Subsection (a)(2) is governed by a
five-member board of emergency services commissioners elected from
single-member districts. One director is elected from each
single-member district. As soon as possible after the district is
created, the commissioners court of the county in which the
district is located shall divide the district into five numbered
single-member districts.
(d-1) Notwithstanding Subsection (d), to be eligible to be a
candidate for emergency services commissioner in a single-member
district on an initial board in a district described by Subsection
(a)(2), a person must be at least 18 years of age and a resident of
that single-member district.
(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. If the person intends to run for emergency services
commissioner in a single-member district in a district described by
Subsection (a)(2), the notice must also specify the single-member
district the person seeks to represent. 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.
(h-1) Notwithstanding Subsection (h), the five initial
emergency services commissioners elected from single-member
districts in a district described by Subsection (a)(2) shall draw
lots to determine which two commissioners serve terms that expire
on December 31 of the second year following the year in which the
election was held and which three commissioners serve terms that
expire on December 31 of the fourth year following the year in which
the election was held.
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. Subsection (b), Section 775.0355, 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. 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 more than 200,000 that
borders Lake Palestine.
SECTION 8. (a) This Act does not prohibit a person who is
an emergency services 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 Subdivision (2), Subsection (a), Section
775.0345, 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 Subsections (c) through (h), Section
775.0345, 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.
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