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AN ACT
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relating to the terms of office of commissioners of certain |
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emergency services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 775.0345(b), (h), and (i), Health and |
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Safety Code, are amended to read as follows: |
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(b) The governing body of a district consists of a |
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five-person board of emergency services commissioners elected as |
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prescribed by this section. Except as provided by Subsection (h), |
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emergency services commissioners serve four-year [two-year] terms. |
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(h) The initial emergency services commissioners' terms of |
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office begin 30 days after canvassing of the election results. The |
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two commissioners who received the fewest votes serve a term that |
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expires on December 31 of the second year following the year in |
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which the election was held. The other emergency services |
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commissioners serve terms that expire on December 31 of the fourth |
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year following the year in which the election was held. |
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(i) The board shall hold the general election for |
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commissioner every two years [annually] on an authorized uniform |
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election date as provided by Chapter 41, Election Code. The board |
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may change the election date from one authorized election date to |
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another authorized election date and shall adjust the terms of |
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office to conform to the new election date. |
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SECTION 2. Sections 775.035(a), (g), and (h), Health and |
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Safety Code, are amended to read as follows: |
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(a) The governing body of a district located in more than |
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one county consists of a five-person board of emergency services |
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commissioners elected as prescribed by this section. Except as |
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provided by Subsection (g), emergency services commissioners serve |
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four-year [two-year] terms. |
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(g) The initial emergency services commissioners' terms of |
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office begin 30 days after canvassing of the election results. The |
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two commissioners who received the fewest votes serve a term that |
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expires on December 31 of the second year following the year in |
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which the election was held. The other emergency services |
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commissioners serve terms that expire on December 31 of the fourth |
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year following the year in which the election was held. |
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(h) The general election for commissioner shall be held |
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every two years [annually] on an authorized uniform election date |
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as provided by Chapter 41, Election Code. The board may change the |
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election date from one authorized election date to another |
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authorized election date and shall adjust the terms of office to |
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conform to the new election date. |
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SECTION 3. (a) The changes in law made by this Act do not |
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affect the entitlement of a person who is a commissioner serving on |
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an emergency services board immediately before the effective date |
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of this Act to continue to carry out the board's functions for the |
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remainder of the commissioner's term. |
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(b) This Act does not prohibit a person who is serving as a |
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commissioner on or after the effective date of this Act from: |
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(1) running for election to the board if the person has |
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qualifications required for a board member under Section 775.0345 |
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or 775.035, Health and Safety Code, as amended by this Act; or |
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(2) continuing to serve until the election and |
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qualification of a new commissioner for that commissioner's |
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position. |
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(c) Sections 775.0345 and 775.035, Health and Safety Code, |
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as amended by this Act, govern all elections held after December 31, |
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2009. An emergency services commissioner elected at any election |
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held between July 1, 2007, and December 31, 2007, shall serve until |
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the November 2009 election. Commissioners elected at any election |
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between January 1, 2008, and June 30, 2008, shall serve until the |
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May 2010 election. Commissioners elected at any election held |
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between July 1, 2008, and December 31, 2008, shall serve until the |
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November 2010 election. Commissioners elected at any election held |
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between January 1, 2009, and June 30, 2009, shall serve until the |
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May 2012 election. Commissioners elected between July 1, 2009, and |
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December 31, 2009, shall serve until the November 2012 election. |
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SECTION 4. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, to allow the legislature to provide for |
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members of a governing board of an emergency services district to |
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serve terms not to exceed four years is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |
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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. 2529 was passed by the House on April |
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30, 2009, by the following vote: Yeas 144, 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. 2529 was passed by the Senate on May |
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21, 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 |