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AN ACT
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relating to the removal of an appointed emergency services district |
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board member by a county commissioners court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.036(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The board shall: |
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(1) hold regular monthly meetings and other meetings |
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as necessary; |
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(2) keep minutes and records of its acts and |
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proceedings; |
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(3) give reports required by the state fire marshal, |
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commissioner of health, and other authorized persons; |
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(4) on a written request from the commissioners court |
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of a county in which the district is located received on or before |
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December 31, give a written report not later than February 1 of the |
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following [each] year to the commissioners court regarding the |
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district's budget, tax rate, and debt service [administration] for |
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the preceding fiscal [calendar] year [and the district's financial
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condition]; and |
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(5) administer the district in accordance with this |
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chapter. |
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SECTION 2. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0422 to read as follows: |
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Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY |
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COMMISSIONERS COURT FOR FAILURE TO GIVE REPORT. (a) This section |
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applies only to an appointed board member. This section does not |
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apply to a board member who: |
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(1) is elected; or |
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(2) is appointed to fill a vacancy in an elected board |
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member position. |
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(b) The commissioners court of the county in which a |
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district is located, by an order adopted by a majority vote after a |
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hearing, may remove one or more board members if the board failed to |
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give the report required by Section 775.036(a)(4) to the |
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commissioners court before the 91st day after the date on which the |
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report was due under that section. |
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(c) Before the 60th day after the date on which the report |
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was due, each commissioners court seeking removal under this |
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section must notify the board members that it is considering that |
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action. |
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(d) The validity of a board action is not affected because |
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it is taken when a ground for removal of a board member exists. |
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SECTION 3. The heading to Section 775.042, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 775.042. REMOVAL OF BOARD MEMBER BY BOARD. |
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SECTION 4. Section 775.036(d), Health and Safety Code, is |
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repealed. |
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SECTION 5. The changes in law made by Section 775.036(a), |
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Health and Safety Code, as amended by this Act, and Section |
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775.0422, Health and Safety Code, as added by this Act, apply only |
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to a report due on or after the effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 527 was passed by the House on April |
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28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 527 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |