Texas 2017 - 85th Regular

Texas House Bill HB1509 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3241 JCG-D
2	2	By: Isaac H.B. No. 1509
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the election of board members of certain emergency
8	8	services districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 775.024(c) and (h), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(c) If the boards do not make the appointments before the
13	13	31st day after the date the boards adopted the joint order:
14	14	(1) for a consolidated district to which Section
15	15	775.0343, 775.0345, or 775.035 does not apply, the commissioners
16	16	court shall appoint five commissioners to the board of the
17	17	consolidated district; or
18	18	(2) for a consolidated district to which Section
19	19	775.0343, 775.0345, or 775.035 does apply, the board of the
20	20	consolidated district is initially composed of the two
21	21	commissioners from each existing board who have served the longest
22	22	terms.
23	23	(h) For a consolidated district to which Section 775.0343,
24	24	775.0345, or 775.035 applies, the initial commissioners of the
25	25	consolidated district serve until the next available uniform
26	26	election date after the date the joint order is adopted and that
27	27	allows sufficient time to comply with other requirements of law.
28	28	After an election is held under Section 775.0345 or 775.035:
29	29	(1) the two commissioners who receive the fewest votes
30	30	of the elected commissioners serve terms ending on December 31 of
31	31	the second year following the year in which the election is held;
32	32	and
33	33	(2) the remaining elected commissioners serve terms
34	34	ending on December 31 of the fourth year following the year in which
35	35	the election is held.
36	36	SECTION 2. The heading to Section 775.034, Health and
37	37	Safety Code, is amended to read as follows:
38	38	Sec. 775.034. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
39	39	[DISTRICT] LOCATED WHOLLY IN ONE COUNTY.
40	40	SECTION 3. Section 775.034(h), Health and Safety Code, is
41	41	amended to read as follows:
42	42	(h) This section does not apply to a district located wholly
43	43	in a county:
44	44	(1) with a population of more than [three million;
45	45	[(2) with a population of more than] 200,000 [that
46	46	borders Lake Palestine]; or
47	47	(2) [(3)] with a population of less than 200,000 that
48	48	borders another state and the Gulf Intracoastal Waterway.
49	49	SECTION 4. Subchapter C, Chapter 775, Health and Safety
50	50	Code, is amended by adding Section 775.0343 to read as follows:
51	51	Sec. 775.0343. ELECTION OF BOARD FOR DISTRICTS IN POPULOUS
52	52	COUNTIES. (a) This section applies only to a district that is
53	53	located wholly in one county with a population of more than 200,000.
54	54	This section does not apply to a district described by Section
55	55	775.0345(a).
56	56	(b) The governing body of a district consists of a
57	57	five-person board of emergency services commissioners elected at
58	58	large from the district as prescribed by this section. Emergency
59	59	services commissioners serve two-year terms.
60	60	(c) After a district is created, the county judge shall
61	61	establish a convenient day provided by Section 41.001, Election
62	62	Code, to conduct an election to elect the initial emergency
63	63	services commissioners.
64	64	(d) To be eligible to be a candidate for emergency services
65	65	commissioner, a person must be at least 18 years of age and a
66	66	resident of the district.
67	67	(e) A candidate for emergency services commissioner on an
68	68	initial board must give the voter registrar of the county a sworn
69	69	notice of the candidate's intention to run for office. The notice
70	70	must state the person's name, age, and address and state that the
71	71	person is serving notice of intent to run for emergency services
72	72	commissioner. On receipt of the notice, the voter registrar of the
73	73	county shall have the candidate's name placed on the ballot.
74	74	(f) The voter registrar of the county shall appoint an
75	75	election judge to certify the results of the election.
76	76	(g) After the election is held, the voter registrar or
77	77	deputy registrar of the county shall prepare a sworn statement of
78	78	the election costs incurred by the county. The statement shall be
79	79	given to the newly elected board, which shall order the appropriate
80	80	official to reimburse the county for the county's election costs.
81	81	(h) The initial emergency services commissioners' terms of
82	82	office begin 30 days after canvassing of the election results.
83	83	(i) The board shall hold the general election for
84	84	commissioners in each even-numbered year on the November uniform
85	85	election date under Section 41.001, Election Code.
86	86	(j) Subchapter C, Chapter 146, Election Code, applies to a
87	87	write-in candidate for emergency services commissioner under this
88	88	section in the same manner it applies to a write-in candidate for a
89	89	city office under that subchapter.
90	90	SECTION 5. Section 775.0445(b), Health and Safety Code, is
91	91	amended to read as follows:
92	92	(b) This section applies only to a district located wholly
93	93	in a county:
94	94	(1) with a population of more than [three million;
95	95	[(2) with a population of more than] 200,000 [that
96	96	borders Lake Palestine]; or
97	97	(2) [(3)] with a population of less than 200,000 that
98	98	borders another state and the Gulf Intracoastal Waterway.
99	99	SECTION 6. Section 775.301, Health and Safety Code, is
100	100	amended to read as follows:
101	101	Sec. 775.301. DEFINITION. In this subchapter,
102	102	"commissioners court" means the commissioners court of a county
103	103	that borders the United Mexican States and [,] has a population of
104	104	more than 800,000[, and appoints a board of emergency services
105	105	commissioners under this chapter].
106	106	SECTION 7. Section 775.302(a), Health and Safety Code, is
107	107	amended to read as follows:
108	108	(a) This subchapter applies only to a district that is
109	109	located wholly in a county that borders the United Mexican States
110	110	and[,] that has a population of more than 800,000[, and for which
111	111	the commissioners court appoints a board of emergency services
112	112	commissioners under Section 775.034].
113	113	SECTION 8. (a) The changes in law made by this Act do not
114	114	affect the entitlement of a member of a board of emergency services
115	115	commissioners serving on the board immediately before the effective
116	116	date of this Act to continue to carry out the board's functions for
117	117	the remainder of the member's term of appointment.
118	118	(b) This Act does not prohibit a person who is a member of a
119	119	board of emergency services commissioners on the effective date of
120	120	this Act and who was appointed under Section 775.034, Health and
121	121	Safety Code, from running for election to the board if the person
122	122	has the qualifications required for a member under Section
123	123	775.0343, Health and Safety Code, as added by this Act.
124	124	(c) A person serving as an appointed member of a board of
125	125	emergency services commissioners on the effective date of this Act
126	126	shall continue to serve until the election and qualification of a
127	127	new commissioner for that position.
128	128	(d) In 2018, the board of directors of an emergency services
129	129	district to which Section 775.0343, Health and Safety Code, as
130	130	added by this Act, applies shall hold an election to replace those
131	131	appointed commissioners whose terms expire January 1, 2019. A
132	132	commissioner elected under this subsection serves a term that
133	133	begins January 1, 2019, and expires 30 days after the canvassing of
134	134	the results of the initial general election for commissioners held
135	135	in November 2020 under Section 775.0343(i), Health and Safety Code,
136	136	as added by this Act.
137	137	(e) In 2019, the board of directors of an emergency services
138	138	district to which Section 775.0343, Health and Safety Code, as
139	139	added by this Act, applies shall hold an election to replace those
140	140	appointed commissioners whose terms expire January 1, 2020. A
141	141	commissioner elected under this subsection serves a term that
142	142	begins January 1, 2020, and expires 30 days after the canvassing of
143	143	the results of the initial general election for commissioners held
144	144	in November 2020 under Section 775.0343(i), Health and Safety Code,
145	145	as added by this Act.
146	146	SECTION 9. This Act takes effect June 1, 2018.