Bill Summary – FastDemocracy

   
      88(R) HB 1775 - Engrossed version - Bill Text
      
            88R23344 MCF-D
         
		By:  Thompson of Brazoria
            H.B.  No.  1775
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the oversight and election of board members for certain 
         
            emergency services districts.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Sections 775.024(c) and (h), Health and Safety 
         
            Code, are amended to read as follows:
         
                          (c)    If the boards do not make the appointments before the 
         
            31st day after the date the boards adopted the joint order:
         
                                      (1)    for a consolidated district to which Section 
         
            775.0345, [or] 775.035, or 775.353  does not apply, the 
         
            commissioners court shall appoint five commissioners to the board 
         
            of the consolidated district; or
         
                                      (2)    for a consolidated district to which Section 
         
            775.0345, [or] 775.035, or 775.353 does apply, the board of the 
         
            consolidated district is initially composed of the two 
         
            commissioners from each existing board who have served the longest 
         
            terms.
         
                          (h)    For a consolidated district to which Section 775.0345,
         
            [or] 775.035, or 775.353 applies, the initial commissioners of the 
         
            consolidated district serve until the next available uniform 
         
            election date after the date the joint order is adopted and that 
         
            allows sufficient time to comply with other requirements of law.  
         
            After an election is held under Section 775.0345, [or] 775.035, or 
         
            775.353:
         
                                      (1)    the two commissioners who receive the fewest votes 
         
            of the elected commissioners serve terms ending on December 31 of 
         
            the second year following the year in which the election is held; 
         
            and
         
                                      (2)    the remaining elected commissioners serve terms 
         
            ending on December 31 of the fourth year following the year in which 
         
            the election is held.
         
                          SECTION  2.    The heading to Section 775.034, Health and 
         
            Safety Code, is amended to read as follows:
         
                          Sec.  775.034.    APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
         
            [DISTRICT] LOCATED WHOLLY IN ONE COUNTY.
         
                          SECTION  3.    Section 775.034(h), Health and Safety Code, is 
         
            amended to read as follows:
         
                          (h)    This section does not apply to a district to which 
         
            Section 775.353 applies or to a district  located wholly in a county:
         
                                      (1)    with a population of more than three million;
         
                                      (2)    with a population of more than 200,000 that 
         
            borders Lake Palestine; or
         
                                      (3)    with a population of less than 200,000 that 
         
            borders another state and the Gulf Intracoastal Waterway.
         
                          SECTION  4.    Sections 775.0445(b) and (d), Health and Safety 
         
            Code, are amended to read as follows:
         
                          (b)    This section applies only to a district to which Section 
         
            775.353 applies or to a district located wholly in a county:
         
                                      (1)    with a population of more than three million;
         
                                      (2)    with a population of more than 200,000 that 
         
            borders Lake Palestine; or
         
                                      (3)    with a population of less than 200,000 that 
         
            borders another state and the Gulf Intracoastal Waterway.
         
                          (d)    A person appointed under this section must be eligible 
         
            to serve under Section 775.0345 or 775.353, as applicable.
         
                          SECTION  5.    Chapter 775, Health and Safety Code, is amended 
         
            by adding Subchapter L to read as follows:
         
            SUBCHAPTER L.   COMMISSIONERS COURT OVERSIGHT AND ELECTION OF BOARD 
         
            IN CERTAIN COUNTIES
         
                          Sec.  775.351.    APPLICABILITY.  This subchapter applies only 
         
            to a district that is located wholly in one county with a population 
         
            of more than 200,000.   This subchapter does not apply to a district 
         
            described by Section 775.0345(a) or 775.302(a).
         
                          Sec.  775.352.    CHOICE OF OVERSIGHT OPTION.  (a)   After a 
         
            district is created and initial emergency services commissioners 
         
            are appointed under Section 775.034, the commissioners court of the 
         
            county in which the district is located shall choose whether:
         
Statutes affected: 
Introduced: Health and Safety Code 775.024, Health and Safety Code 775.034, Health and Safety Code 775.0445, Health and Safety Code 775.301, Health and Safety Code 775.302 (Health and Safety Code 775)
House Committee Report: Health and Safety Code 775.024, Health and Safety Code 775.034, Health and Safety Code 775.0445, Chapter , Health and Safety Code 775.0345 (Chapter , Health and Safety Code 775, Health and Safety Code 775)
Engrossed: Health and Safety Code 775.024, Health and Safety Code 775.034, Health and Safety Code 775.0445, Chapter , Health and Safety Code 775.0345 (Chapter , Health and Safety Code 775, Health and Safety Code 775)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the oversight and election of board members for certain
	emergency services districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 775.024(c) and (h), Health and Safety
	Code, are amended to read as follows:
	(c) If the boards do not make the appointments before the
	31st day after the date the boards adopted the joint order:
	(1) for a consolidated district to which Section
	775.0345, [or] 775.035, or 775.353 does not apply, the
	commissioners court shall appoint five commissioners to the board
	of the consolidated district; or
	(2) for a consolidated district to which Section
	775.0345, [or] 775.035, or 775.353 does apply, the board of the
	consolidated district is initially composed of the two
	commissioners from each existing board who have served the longest
	terms.
	(h) For a consolidated district to which Section 775.0345,
	[or] 775.035, or 775.353 applies, the initial commissioners of the
	consolidated district serve until the next available uniform
	election date after the date the joint order is adopted and that
	allows sufficient time to comply with other requirements of law.
	After an election is held under Section 775.0345, [or] 775.035, or
	775.353:
	(1) the two commissioners who receive the fewest votes
	of the elected commissioners serve terms ending on December 31 of
	the second year following the year in which the election is held;
	and
	(2) the remaining elected commissioners serve terms
	ending on December 31 of the fourth year following the year in which
	the election is held.
	SECTION 2. The heading to Section 775.034, Health and
	Safety Code, is amended to read as follows:
	Sec. 775.034. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
	[~~DISTRICT~~] LOCATED WHOLLY IN ONE COUNTY.
	SECTION 3. Section 775.034(h), Health and Safety Code, is
	amended to read as follows:
	(h) This section does not apply to a district to which
	Section 775.353 applies or to a district located wholly in a county:
	(1) with a population of more than three million;
	(2) with a population of more than 200,000 that
	borders Lake Palestine; or
	(3) with a population of less than 200,000 that
	borders another state and the Gulf Intracoastal Waterway.
	SECTION 4. Sections 775.0445(b) and (d), Health and Safety
	Code, are amended to read as follows:
	(b) This section applies only to a district to which Section
	775.353 applies or to a district located wholly in a county:
	(1) with a population of more than three million;
	(2) with a population of more than 200,000 that
	borders Lake Palestine; or
	(3) with a population of less than 200,000 that
	borders another state and the Gulf Intracoastal Waterway.
	(d) A person appointed under this section must be eligible
	to serve under Section 775.0345 or 775.353, as applicable.
	SECTION 5. Chapter 775, Health and Safety Code, is amended
	by adding Subchapter L to read as follows:
	SUBCHAPTER L. COMMISSIONERS COURT OVERSIGHT AND ELECTION OF BOARD
	IN CERTAIN COUNTIES
	Sec. 775.351. APPLICABILITY. This subchapter applies only
	to a district that is located wholly in one county with a population
	of more than 200,000. This subchapter does not apply to a district
	described by Section 775.0345(a) or 775.302(a).
	Sec. 775.352. CHOICE OF OVERSIGHT OPTION. (a) After a
	district is created and initial emergency services commissioners
	are appointed under Section 775.034, the commissioners court of the
	county in which the district is located shall choose whether:
	Statutes affected: Introduced: Health and Safety Code 775.024, Health and Safety Code 775.034, Health and Safety Code 775.0445, Health and Safety Code 775.301, Health and Safety Code 775.302 (Health and Safety Code 775) House Committee Report: Health and Safety Code 775.024, Health and Safety Code 775.034, Health and Safety Code 775.0445, Chapter , Health and Safety Code 775.0345 (Chapter , Health and Safety Code 775, Health and Safety Code 775) Engrossed: Health and Safety Code 775.024, Health and Safety Code 775.034, Health and Safety Code 775.0445, Chapter , Health and Safety Code 775.0345 (Chapter , Health and Safety Code 775, Health and Safety Code 775)