Texas 2017 - 85th Regular

Texas House Bill HB2788 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: White (Senate Sponsor - Nichols) H.B. No. 2788
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 4, 2017, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 11, 2017, reported favorably by
5		-	the following vote: Yeas 7, Nays 0; May 11, 2017, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2788
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the appointment of emergency services commissioners in
13	6		certain districts located in more than one county.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subchapter C, Chapter 775, Health and Safety
16	9		Code, is amended by adding Section 775.0341 to read as follows:
17	10		Sec. 775.0341. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
18	11		LOCATED IN MORE THAN ONE COUNTY. (a) This section applies only to a
19	12		district that was authorized to have a board of emergency services
20	13		commissioners appointed under former Section 776.0345 and that is
21	14		located:
22	15		(1) partly in a county with a population of less than
23	16		22,000; and
24	17		(2) partly in a county with a population of more than
25	18		54,000.
26	19		(b) A five-member board of emergency services commissioners
27	20		appointed under this section serves as the district's governing
28	21		body. A commissioner serves a two-year term.
29	22		(c) The commissioners court of the smallest county in which
30	23		the district is located shall appoint two commissioners to the
31	24		board. The commissioners court of the largest county in which the
32	25		district is located shall appoint three commissioners to the board.
33	26		(d) To be eligible for appointment as an emergency services
34	27		commissioner under this section, a person must be at least 18 years
35	28		of age and reside in the district. Two commissioners must reside in
36	29		the smallest county in which the district is located, and three
37	30		commissioners must reside in the largest county in which the
38	31		district is located.
39	32		(e) On January 1 of each year, a commissioners court shall
40	33		appoint a successor for each emergency services commissioner
41	34		appointed by that commissioners court whose term has expired.
42	35		(f) The appropriate commissioners court shall fill a
43	36		vacancy on the board for the remainder of the unexpired term.
44	37		SECTION 2. Section 775.035, Health and Safety Code, is
45	38		amended by adding Subsection (j) to read as follows:
46	39		(j) This section does not apply to a district described by
47	40		Section 775.0341.
48	41		SECTION 3. (a) All governmental acts and proceedings of an
49	42		emergency services district to which former Section 776.0345,
50	43		Health and Safety Code, applied before that section was repealed
51	44		and that relate to the selection of emergency services
52	45		commissioners of the district and that were taken between January
53	46		1, 2012, and the effective date of this Act are validated, ratified,
54	47		and confirmed in all respects as if they had been taken as
55	48		authorized by law.
56	49		(b) This section does not apply to any matter that on the
57	50		effective date of this Act:
58	51		(1) is involved in litigation if the litigation
59	52		ultimately results in the matter being held invalid by a final court
60	53		judgment; or
61	54		(2) has been held invalid by a final court judgment.
62	55		SECTION 4. This Act takes effect immediately if it receives
63	56		a vote of two-thirds of all the members elected to each house, as
64	57		provided by Section 39, Article III, Texas Constitution. If this
65	58		Act does not receive the vote necessary for immediate effect, this
66	59		Act takes effect September 1, 2017.
67		-	* * * * *
	60	+	______________________________ ______________________________
	61	+	President of the Senate Speaker of the House
	62	+	I certify that H.B. No. 2788 was passed by the House on April
	63	+	20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	64	+	voting.
	65	+	______________________________
	66	+	Chief Clerk of the House
	67	+	I certify that H.B. No. 2788 was passed by the Senate on May
	68	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	69	+	______________________________
	70	+	Secretary of the Senate
	71	+	APPROVED: _____________________
	72	+	Date
	73	+	_____________________
	74	+	Governor