| |
| |
| |
|
|
AN ACT
|
|
|
relating to the removal of appointed emergency services |
|
|
commissioners by a commissioners court. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 775.0422, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY |
|
|
COMMISSIONERS COURT [FOR FAILURE TO GIVE REPORT]. |
|
|
SECTION 2. Section 775.0422, Health and Safety Code, is |
|
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
|
(b-1) to read as follows: |
| |
|
|
(b) The commissioners court of the county in which a |
|
|
district is located, by an order adopted by a majority vote after a |
|
|
hearing, may remove a [one or more] board member for: |
|
|
(1) incompetency, as defined by Section 87.011, Local |
|
|
Government Code; |
|
|
(2) official misconduct, as defined by Section 87.011, |
|
|
Local Government Code; or |
|
|
(3) misconduct, as defined by Section 178.001, Local |
|
|
Government Code [members if the board failed to give the report
|
|
|
required by Section 775.036(a)(4) to the commissioners court before
|
|
|
the 91st day after the date on which the report was due under that
|
|
|
section]. |
|
|
(b-1) Section 551.0745, Government Code, applies to a |
|
|
deliberation regarding a removal of a board member in the same |
|
|
manner as that section applies to a deliberation regarding a |
|
|
dismissal of a member of an advisory body. |
|
|
(c) Not later than [Before] the 30th [60th] day before |
|
|
[after] the date on which the hearing is held, a [report was due,
|
|
|
each] commissioners court seeking removal under this section must |
|
|
notify the board members that it is considering that action. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1917 was passed by the House on April |
|
|
18, 2011, by the following vote: Yeas 140, Nays 6, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1917 was passed by the Senate on May |
|
|
10, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |