Texas 2023 - 88th Regular

Texas Senate Bill SB660 Compare Versions

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Version 2 (New)

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1	1	88R3036 MCF-D
2	2	By: Eckhardt S.B. No. 660
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 775.0343, 775.0345, or
29	29	775.035:
30	30	(1) the two commissioners who receive the fewest votes
31	31	of the elected commissioners serve terms ending on December 31 of
32	32	the second year following the year in which the election is held;
33	33	and
34	34	(2) the remaining elected commissioners serve terms
35	35	ending on December 31 of the fourth year following the year in which
36	36	the election is held.
37	37	SECTION 2. The heading to Section 775.034, Health and
38	38	Safety Code, is amended to read as follows:
39	39	Sec. 775.034. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
40	40	[DISTRICT] LOCATED WHOLLY IN ONE COUNTY.
41	41	SECTION 3. Section 775.034(h), Health and Safety Code, is
42	42	amended to read as follows:
43	43	(h) This section does not apply to a district located wholly
44	44	in a county:
45	45	(1) with a population of more than [three million;
46	46	[(2) with a population of more than] 200,000 [that
47	47	borders Lake Palestine]; or
48	48	(2) [(3)] with a population of less than 200,000 that
49	49	borders another state and the Gulf Intracoastal Waterway.
50	50	SECTION 4. Subchapter C, Chapter 775, Health and Safety
51	51	Code, is amended by adding Section 775.0343 to read as follows:
52	52	Sec. 775.0343. ELECTION OF BOARD FOR DISTRICTS IN POPULOUS
53	53	COUNTIES. (a) This section applies only to a district that is
54	54	located wholly in one county with a population of more than 200,000.
55	55	This section does not apply to a district described by Section
56	56	775.0345(a).
57	57	(b) The governing body of a district consists of a
58	58	five-person board of emergency services commissioners elected at
59	59	large from the district as prescribed by this section. Emergency
60	60	services commissioners serve staggered four-year terms.
61	61	(c) After a district is created, the county judge shall
62	62	establish a convenient day provided by Section 41.001, Election
63	63	Code, to conduct an election to elect the initial emergency
64	64	services commissioners.
65	65	(d) To be eligible to be a candidate for emergency services
66	66	commissioner, a person must be at least 18 years of age and a
67	67	resident of the district.
68	68	(e) A candidate for emergency services commissioner on an
69	69	initial board must give the voter registrar of the county a sworn
70	70	notice of the candidate's intention to run for office. The notice
71	71	must state the person's name, age, and address and state that the
72	72	person is serving notice of intent to run for emergency services
73	73	commissioner. On receipt of the notice, the voter registrar of the
74	74	county shall have the candidate's name placed on the ballot.
75	75	(f) The voter registrar of the county shall appoint an
76	76	election judge to certify the results of the election.
77	77	(g) After the election is held, the voter registrar or
78	78	deputy registrar of the county shall prepare a sworn statement of
79	79	the election costs incurred by the county. The statement shall be
80	80	given to the newly elected board, which shall order the appropriate
81	81	official to reimburse the county for the county's election costs.
82	82	(h) The initial emergency services commissioners' terms of
83	83	office begin 30 days after canvassing of the election results. The
84	84	two commissioners who received the fewest votes serve a term that
85	85	expires on January 1 of the third year following the year in which
86	86	the election was held. The other emergency services commissioners
87	87	serve terms that expire on January 1 of the fifth year following the
88	88	year in which the election was held.
89	89	(i) The board shall hold the general election for the
90	90	appropriate number of commissioners in each even-numbered year on
91	91	the November uniform election date under Section 41.001, Election
92	92	Code.
93	93	(j) Subchapter C, Chapter 146, Election Code, applies to a
94	94	write-in candidate for emergency services commissioner under this
95	95	section in the same manner it applies to a write-in candidate for a
96	96	city office under that subchapter.
97	97	SECTION 5. Section 775.0445(b), Health and Safety Code, is
98	98	amended to read as follows:
99	99	(b) This section applies only to a district located wholly
100	100	in a county:
101	101	(1) with a population of 200,000 or more [than three
102	102	million;
103	103	[(2) with a population of more than 200,000 that
104	104	borders Lake Palestine]; or
105	105	(2) [(3)] with a population of less than 200,000 that
106	106	borders another state and the Gulf Intracoastal Waterway.
107	107	SECTION 6. Section 775.301, Health and Safety Code, is
108	108	amended to read as follows:
109	109	Sec. 775.301. DEFINITION. In this subchapter,
110	110	"commissioners court" means the commissioners court of a county
111	111	that borders the United Mexican States and [,] has a population of
112	112	more than 800,000[, and appoints a board of emergency services
113	113	commissioners under this chapter].
114	114	SECTION 7. Section 775.302(a), Health and Safety Code, is
115	115	amended to read as follows:
116	116	(a) This subchapter applies only to a district that is
117	117	located wholly in a county that borders the United Mexican States
118	118	and[,] that has a population of more than 800,000[, and for which
119	119	the commissioners court appoints a board of emergency services
120	120	commissioners under Section 775.034].
121	121	SECTION 8. (a) The changes in law made by this Act do not
122	122	affect the entitlement of a member of a board of emergency services
123	123	commissioners serving on the board immediately before the effective
124	124	date of this Act to continue to carry out the board's functions for
125	125	the remainder of the member's term of appointment.
126	126	(b) This Act does not prohibit a person who is a member of a
127	127	board of emergency services commissioners on the effective date of
128	128	this Act and who was appointed under Section 775.034, Health and
129	129	Safety Code, from running for election to the board if the person
130	130	has the qualifications required for a member under Section
131	131	775.0343, Health and Safety Code, as added by this Act.
132	132	(c) A person serving as an appointed member of a board of
133	133	emergency services commissioners on the effective date of this Act
134	134	shall continue to serve until the election and qualification of a
135	135	new commissioner for that position.
136	136	(d) In 2024, the board of directors of an emergency services
137	137	district to which Section 775.0343, Health and Safety Code, as
138	138	added by this Act, applies shall hold an election to replace those
139	139	appointed commissioners whose terms expire January 1, 2025. A
140	140	commissioner elected under this subsection serves a term that
141	141	begins January 1, 2025, and expires 30 days after the canvassing of
142	142	the results of the initial general election for commissioners held
143	143	in November 2026 under Section 775.0343(i), Health and Safety Code,
144	144	as added by this Act.
145	145	(e) In 2025, the board of directors of an emergency services
146	146	district to which Section 775.0343, Health and Safety Code, as
147	147	added by this Act, applies shall hold an election to replace those
148	148	appointed commissioners whose terms expire January 1, 2026. A
149	149	commissioner elected under this subsection serves a term that
150	150	begins January 1, 2026, and expires 30 days after the canvassing of
151	151	the results of the initial general election for commissioners held
152	152	in November 2028 under Section 775.0343(i), Health and Safety Code,
153	153	as added by this Act.
154	154	(f) An emergency services commissioner elected to replace a
155	155	commissioner elected under Subsection (d) or (e) of this section
156	156	serves a four-year term as provided by Section 775.0343(b), Health
157	157	and Safety Code, as added by this Act.
158	158	SECTION 9. This Act takes effect June 1, 2024.