86R10823 JXC-D
By: Pacheco H.B. No. 1867
A BILL TO BE ENTITLED
AN ACT
relating to the election of board members and filling of vacant
board positions for emergency services districts in certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 775.034(h), 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;
(2) with a population of more than 200,000 that
borders Lake Palestine; [or]
(3) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway; or
(4) with a population of more than 1.5 million that
does not border another county with a population of more than 1.5
million.
SECTION 2. Section 775.0345(a), Health and Safety Code, is
amended 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;
(2) with a population of more than 200,000 that
borders Lake Palestine; [or]
(3) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway; or
(4) with a population of more than 1.5 million that
does not border another county with a population of more than 1.5
million.
SECTION 3. Section 775.0355(b), 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;
(2) with a population of more than 200,000 that
borders Lake Palestine; [or]
(3) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway; or
(4) with a population of more than 1.5 million that
does not border another county with a population of more than 1.5
million.
SECTION 4. Section 775.0445(b), 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;
(2) with a population of more than 200,000 that
borders Lake Palestine; [or]
(3) with a population of less than 200,000 that
borders another state and the Gulf Intracoastal Waterway; or
(4) with a population of more than 1.5 million that
does not border another county with a population of more than 1.5
million.
SECTION 5. Section 775.082(e-1), Health and Safety Code, is
amended to read as follows:
(e-1) When a district located wholly in one county fails to
complete and file the audit report by September 1 of each year and a
county auditor is not ordered to prepare the report, the president
and treasurer of the board are removed from the board and the
commissioners court shall fill the vacancies for the remainder of
the unexpired term [as provided by Section 775.034].
SECTION 6. (a) This Act does not prohibit a person who is a
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 Section 775.0345(a)(4), 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
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 7. This Act takes effect September 1, 2020.