| 1 | 1 | | 86R10823 JXC-D |
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| 2 | 2 | | By: Pacheco H.B. No. 1867 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the election of board members and filling of vacant |
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| 8 | 8 | | board positions for emergency services districts in certain |
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| 9 | 9 | | counties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 775.034(h), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (h) This section does not apply to a district located wholly |
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| 14 | 14 | | in a county: |
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| 15 | 15 | | (1) with a population of more than three million; |
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| 16 | 16 | | (2) with a population of more than 200,000 that |
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| 17 | 17 | | borders Lake Palestine; [or] |
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| 18 | 18 | | (3) with a population of less than 200,000 that |
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| 19 | 19 | | borders another state and the Gulf Intracoastal Waterway; or |
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| 20 | 20 | | (4) with a population of more than 1.5 million that |
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| 21 | 21 | | does not border another county with a population of more than 1.5 |
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| 22 | 22 | | million. |
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| 23 | 23 | | SECTION 2. Section 775.0345(a), Health and Safety Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (a) This section applies only to a district located wholly |
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| 26 | 26 | | in a county: |
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| 27 | 27 | | (1) with a population of more than three million; |
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| 28 | 28 | | (2) with a population of more than 200,000 that |
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| 29 | 29 | | borders Lake Palestine; [or] |
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| 30 | 30 | | (3) with a population of less than 200,000 that |
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| 31 | 31 | | borders another state and the Gulf Intracoastal Waterway; or |
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| 32 | 32 | | (4) with a population of more than 1.5 million that |
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| 33 | 33 | | does not border another county with a population of more than 1.5 |
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| 34 | 34 | | million. |
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| 35 | 35 | | SECTION 3. Section 775.0355(b), Health and Safety Code, is |
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| 36 | 36 | | amended to read as follows: |
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| 37 | 37 | | (b) This section applies only to a district located wholly |
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| 38 | 38 | | in a county: |
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| 39 | 39 | | (1) with a population of more than three million; |
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| 40 | 40 | | (2) with a population of more than 200,000 that |
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| 41 | 41 | | borders Lake Palestine; [or] |
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| 42 | 42 | | (3) with a population of less than 200,000 that |
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| 43 | 43 | | borders another state and the Gulf Intracoastal Waterway; or |
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| 44 | 44 | | (4) with a population of more than 1.5 million that |
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| 45 | 45 | | does not border another county with a population of more than 1.5 |
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| 46 | 46 | | million. |
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| 47 | 47 | | SECTION 4. Section 775.0445(b), Health and Safety Code, is |
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| 48 | 48 | | amended to read as follows: |
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| 49 | 49 | | (b) This section applies only to a district located wholly |
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| 50 | 50 | | in a county: |
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| 51 | 51 | | (1) with a population of more than three million; |
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| 52 | 52 | | (2) with a population of more than 200,000 that |
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| 53 | 53 | | borders Lake Palestine; [or] |
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| 54 | 54 | | (3) with a population of less than 200,000 that |
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| 55 | 55 | | borders another state and the Gulf Intracoastal Waterway; or |
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| 56 | 56 | | (4) with a population of more than 1.5 million that |
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| 57 | 57 | | does not border another county with a population of more than 1.5 |
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| 58 | 58 | | million. |
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| 59 | 59 | | SECTION 5. Section 775.082(e-1), Health and Safety Code, is |
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| 60 | 60 | | amended to read as follows: |
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| 61 | 61 | | (e-1) When a district located wholly in one county fails to |
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| 62 | 62 | | complete and file the audit report by September 1 of each year and a |
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| 63 | 63 | | county auditor is not ordered to prepare the report, the president |
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| 64 | 64 | | and treasurer of the board are removed from the board and the |
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| 65 | 65 | | commissioners court shall fill the vacancies for the remainder of |
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| 66 | 66 | | the unexpired term [as provided by Section 775.034]. |
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| 67 | 67 | | SECTION 6. (a) This Act does not prohibit a person who is a |
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| 68 | 68 | | commissioner on the effective date of this Act and who was appointed |
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| 69 | 69 | | under Section 775.034, Health and Safety Code, from running for |
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| 70 | 70 | | election to the board if the person has the qualifications required |
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| 71 | 71 | | for a member under Section 775.0345, Health and Safety Code, as |
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| 72 | 72 | | amended by this Act. |
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| 73 | 73 | | (b) The terms of the members of a board of emergency |
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| 74 | 74 | | services commissioners serving on the effective date of this Act |
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| 75 | 75 | | who were appointed under Section 775.034, Health and Safety Code, |
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| 76 | 76 | | before the effective date of this Act expire on the date a majority |
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| 77 | 77 | | of the members of the initial board of emergency services |
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| 78 | 78 | | commissioners elected under Subsection (c) of this section qualify |
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| 79 | 79 | | to serve. |
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| 80 | 80 | | (c) The county judge of a county with an emergency services |
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| 81 | 81 | | district to which Section 775.0345(a)(4), Health and Safety Code, |
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| 82 | 82 | | as added by this Act, applies on the effective date of this Act and |
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| 83 | 83 | | to which Section 775.034, Health and Safety Code, previously |
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| 84 | 84 | | applied, shall establish an election to elect the initial emergency |
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| 85 | 85 | | services commissioners of that district in the manner required by |
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| 86 | 86 | | Section 775.0345, Health and Safety Code, for election of the |
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| 87 | 87 | | initial commissioners as if the district had been created on the |
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| 88 | 88 | | effective date of this Act. |
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| 89 | 89 | | SECTION 7. This Act takes effect September 1, 2020. |
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