H.B. No. 2653
 
 
 
 
AN ACT
  relating to emergency services districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 775.034, Health and Safety Code, is
  amended by adding Subsection (h) to read as follows:
         (h)  This section does not apply to a district located wholly
  in a county with a population of more than three million.
         SECTION 2.  Subchapter C, Chapter 775, Health and Safety
  Code, is amended by adding Section 775.0345 to read as follows:
         Sec. 775.0345.  ELECTION OF BOARD IN CERTAIN POPULOUS
  COUNTIES. (a)  This section applies only to a district located
  wholly in a county with a population of more than three million.
         (b)  The governing body of a district consists of a
  five-person board of emergency services commissioners elected as
  prescribed by this section. Except as provided by Subsection (h),
  emergency services commissioners serve two-year terms.
         (c)  After a district is created, the county judge shall
  establish a convenient day provided by Section 41.001, Election
  Code, to conduct an election to elect the initial emergency
  services commissioners.
         (d)  To be eligible to be a candidate for emergency services
  commissioner, a person must be at least 18 years of age and a
  resident of the district.
         (e)  A candidate for emergency services commissioner on an
  initial board must give the county clerk a sworn notice of the
  candidate's intention to run for office. The notice must state the
  person's name, age, and address and state that the person is serving
  notice of intent to run for emergency services commissioner. On
  receipt of the notice, the county clerk shall have the candidate's
  name placed on the ballot.
         (f)  The county clerk shall appoint an election judge to
  certify the results of the election.
         (g)  After the election is held, the county clerk or the
  clerk's deputy shall prepare a sworn statement of the election
  costs incurred by the county. The statement shall be given to the
  newly elected board, which shall order the appropriate official to
  reimburse the county for the county's election costs.
         (h)  The initial emergency services commissioners' terms of
  office begin 30 days after canvassing of the election results. The
  two commissioners who received the fewest votes serve a term that
  expires on December 31 of the year in which the election was held.
  The other emergency services commissioners serve terms that expire
  on December 31 of the year following the election.
         (i)  The board shall hold the general election for
  commissioner annually on an authorized uniform election date as
  provided by Chapter 41, Election Code. The board may change the
  election date from one authorized election date to another
  authorized election date and shall adjust the terms of office to
  conform to the new election date.
         (j)  Subchapter C, Chapter 146, Election Code, applies to a
  write-in candidate for emergency services commissioner under this
  section in the same manner it applies to a write-in candidate for a
  city office under that subchapter.
         SECTION 3.  Subchapter C, Chapter 775, Health and Safety
  Code, is amended by adding Section 775.0355 to read as follows:
         Sec. 775.0355.  DISQUALIFICATION OF EMERGENCY SERVICES
  COMMISSIONERS IN CERTAIN POPULOUS COUNTIES. (a)  In this section,
  "emergency services organization" means:
               (1)  a volunteer fire department;
               (2)  a career or combination fire department;
               (3)  a municipal fire department;
               (4)  an emergency medical services organization under
  the jurisdiction of the Department of State Health Services;
               (5)  any other agency under the jurisdiction of the
  state fire marshal's office; or
               (6)  any other organization or corporation that governs
  an emergency services organization.
         (b)  This section applies only to a district located wholly
  in a county with a population of more than three million.
         (c)  A person is disqualified from serving as an emergency
  services commissioner if that person:
               (1)  is related within the third degree of affinity or
  consanguinity to:
                     (A)  a person providing professional services to
  the district;
                     (B)  a commissioner of the same district; or
                     (C)  a person who is an employee or volunteer of an
  emergency services organization providing emergency services to
  the district;
               (2)  is an employee of a commissioner of the same
  district, attorney, or other person providing professional
  services to the district;
               (3)  is serving as an attorney, consultant, or
  architect or in some other professional capacity for the district
  or an emergency services organization providing emergency services
  to the district; or
               (4)  fails to maintain the qualifications required by
  law to serve as a commissioner.
         (d)  Any rights obtained by a third party through official
  action of a board covered by this section are not impaired or
  affected by the disqualification under this section of an emergency
  services commissioner to serve, provided that the third party had
  no knowledge, at the time the rights were obtained, of the fact that
  the commissioner was disqualified to serve.
         SECTION 4.  Subchapter C, Chapter 775, Health and Safety
  Code, is amended by adding Section 775.0445 to read as follows:
         Sec. 775.0445.  VACANCY ON BOARD OF DISTRICT LOCATED IN
  CERTAIN POPULOUS COUNTIES. (a)  In this section, "vacancy" means a
  vacancy in the office of director that occurs for any reason,
  including an office that is vacant because:
               (1)  a director was disqualified under Section
  775.0355; or
               (2)  no candidate filed for election to the office.
         (b)  This section applies only to a district located wholly
  in a county with a population of more than three million.
         (c)  Not later than the 90th day after a board vacancy
  occurs, the remaining board members shall appoint a person to fill
  the unexpired term.
         (d)  A person appointed under this section must be eligible
  to serve under Section 775.0345.
         SECTION 5.  Section 775.076, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  The board may issue bonds and notes as prescribed by
  this chapter to perform any of its powers.
         (a-1) Before the board may issue bonds or notes authorized by
  this section, the commissioners court of each county in which the
  district is located must approve the issuance of the bonds or notes
  by a majority vote. This subsection does not apply to a district
  located wholly in a county with a population of more than three
  million.
         SECTION 6.  The heading to Section 775.082, Health and
  Safety Code, is amended to read as follows:
         Sec. 775.082.  AUDIT OF DISTRICT IN LESS POPULOUS COUNTIES.
         SECTION 7.  Section 775.082, Health and Safety Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  This section does not apply to a district located wholly
  in a county with a population of more than three million.
         SECTION 8.  Subchapter E, Chapter 775, Health and Safety
  Code, is amended by adding Section 775.0825 to read as follows:
         Sec. 775.0825.  AUDIT OF DISTRICT IN CERTAIN POPULOUS
  COUNTIES. (a) This section applies only to a district located
  wholly in a county with a population of more than three million.
         (b)  A district shall prepare on or before July 1 of each year
  an audit of the district's fiscal accounts and records.
         (c)  The audit shall be performed and the report shall be
  prepared at the expense of the district.
         (d)  The audit shall be available for review and inspection
  at the administrative office of the district.
         (e)  A copy of the audit shall be filed with the clerk of the
  county commissioner's court within 30 days after receipt by the
  board.
         SECTION 9.  (a)  The changes in law made by this Act do not
  affect the entitlement of a commissioner of a board of emergency
  services commissioners serving on the board immediately before the
  effective date of this Act to continue to carry out the board's
  functions for the remainder of the commissioner's term.
         (b)  This Act does not prohibit a person who is a
  commissioner on the effective date of this Act from running for
  election to the board of emergency services commissioners if the
  person has the qualifications required for a member under Section
  775.0345, Health and Safety Code, as added by this Act.
         (c)  A person serving as an appointed member of a board of
  emergency services commissioners on the effective date of this Act
  shall continue to serve until the election and qualification of a
  new commissioner for that position.
         (d)  In 2008, the county judge of an emergency services
  district to which Section 775.0345, Health and Safety Code, as
  added by this Act, applies shall establish an election as required
  by that section to replace commissioners whose terms expire
  December 31, 2007.
         (e)  In 2009, the county judge shall repeat the procedures
  described by Subsection (d) of this section for the remaining
  appointed commissioners whose terms expire December 31, 2008.
         SECTION 10.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2653 was passed by the House on May
  11, 2007, by the following vote:  Yeas 139, Nays 0, 3 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2653 on May 25, 2007, by the following vote:  Yeas 137, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2653 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor