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AN ACT
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relating to the appointment of emergency services commissioners in |
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certain districts located in more than one county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0341 to read as follows: |
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Sec. 775.0341. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS |
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LOCATED IN MORE THAN ONE COUNTY. (a) This section applies only to a |
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district that was authorized to have a board of emergency services |
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commissioners appointed under former Section 776.0345 and that is |
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located: |
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(1) partly in a county with a population of less than |
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22,000; and |
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(2) partly in a county with a population of more than |
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54,000. |
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(b) A five-member board of emergency services commissioners |
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appointed under this section serves as the district's governing |
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body. A commissioner serves a two-year term. |
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(c) The commissioners court of the smallest county in which |
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the district is located shall appoint two commissioners to the |
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board. The commissioners court of the largest county in which the |
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district is located shall appoint three commissioners to the board. |
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(d) To be eligible for appointment as an emergency services |
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commissioner under this section, a person must be at least 18 years |
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of age and reside in the district. Two commissioners must reside in |
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the smallest county in which the district is located, and three |
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commissioners must reside in the largest county in which the |
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district is located. |
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(e) On January 1 of each year, a commissioners court shall |
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appoint a successor for each emergency services commissioner |
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appointed by that commissioners court whose term has expired. |
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(f) The appropriate commissioners court shall fill a |
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vacancy on the board for the remainder of the unexpired term. |
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SECTION 2. Section 775.035, Health and Safety Code, is |
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amended by adding Subsection (j) to read as follows: |
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(j) This section does not apply to a district described by |
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Section 775.0341. |
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SECTION 3. (a) All governmental acts and proceedings of an |
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emergency services district to which former Section 776.0345, |
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Health and Safety Code, applied before that section was repealed |
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and that relate to the selection of emergency services |
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commissioners of the district and that were taken between January |
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1, 2012, and the effective date of this Act are validated, ratified, |
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and confirmed in all respects as if they had been taken as |
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authorized by law. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. 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, 2017. |
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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. 2788 was passed by the House on April |
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20, 2017, by the following vote: Yeas 144, Nays 0, 2 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. 2788 was passed by the Senate on May |
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19, 2017, 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 |