By: White (Senate Sponsor - Nichols) H.B. No. 2788
(In the Senate - Received from the House April 24, 2017;
May 4, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 11, 2017, reported favorably by
the following vote: Yeas 7, Nays 0; May 11, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of emergency services commissioners in
certain districts located in more than one county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0341 to read as follows:
Sec. 775.0341. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
LOCATED IN MORE THAN ONE COUNTY. (a) This section applies only to a
district that was authorized to have a board of emergency services
commissioners appointed under former Section 776.0345 and that is
located:
(1) partly in a county with a population of less than
22,000; and
(2) partly in a county with a population of more than
54,000.
(b) A five-member board of emergency services commissioners
appointed under this section serves as the district's governing
body. A commissioner serves a two-year term.
(c) The commissioners court of the smallest county in which
the district is located shall appoint two commissioners to the
board. The commissioners court of the largest county in which the
district is located shall appoint three commissioners to the board.
(d) To be eligible for appointment as an emergency services
commissioner under this section, a person must be at least 18 years
of age and reside in the district. Two commissioners must reside in
the smallest county in which the district is located, and three
commissioners must reside in the largest county in which the
district is located.
(e) On January 1 of each year, a commissioners court shall
appoint a successor for each emergency services commissioner
appointed by that commissioners court whose term has expired.
(f) The appropriate commissioners court shall fill a
vacancy on the board for the remainder of the unexpired term.
SECTION 2. Section 775.035, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) This section does not apply to a district described by
Section 775.0341.
SECTION 3. (a) All governmental acts and proceedings of an
emergency services district to which former Section 776.0345,
Health and Safety Code, applied before that section was repealed
and that relate to the selection of emergency services
commissioners of the district and that were taken between January
1, 2012, and the effective date of this Act are validated, ratified,
and confirmed in all respects as if they had been taken as
authorized by law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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