85R3241 JCG-D     By: Isaac H.B. No. 1509       A BILL TO BE ENTITLED   AN ACT   relating to the election of board members of 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   775.0343, 775.0345, or 775.035 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   775.0343, 775.0345, or 775.035 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 775.0343,   775.0345, or 775.035 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:                (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 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                (2) [(3)]  with a population of less than 200,000 that   borders another state and the Gulf Intracoastal Waterway.          SECTION 4.  Subchapter C, Chapter 775, Health and Safety   Code, is amended by adding Section 775.0343 to read as follows:          Sec. 775.0343.  ELECTION OF BOARD FOR DISTRICTS IN POPULOUS   COUNTIES. (a) This section applies only to a district that is   located wholly in one county with a population of more than 200,000.   This section does not apply to a district described by Section   775.0345(a).          (b)  The governing body of a district consists of a   five-person board of emergency services commissioners elected at   large from the district as prescribed by this section. Emergency   services commissioners serve two-year terms.          (c)  After a district is created, the county judge shall   establish a convenient day provided by Section 41.001, Election   Code, to conduct an election to elect the initial emergency   services commissioners.           (d)  To be eligible to be a candidate for emergency services   commissioner, a person must be at least 18 years of age and a   resident of the district.          (e)  A candidate for emergency services commissioner on an   initial board must give the voter registrar of the county a sworn   notice of the candidate's intention to run for office. The notice   must state the person's name, age, and address and state that the   person is serving notice of intent to run for emergency services   commissioner. On receipt of the notice, the voter registrar of the   county shall have the candidate's name placed on the ballot.          (f)  The voter registrar of the county shall appoint an   election judge to certify the results of the election.          (g)  After the election is held, the voter registrar or   deputy registrar of the county shall prepare a sworn statement of   the election costs incurred by the county. The statement shall be   given to the newly elected board, which shall order the appropriate   official to reimburse the county for the county's election costs.          (h)  The initial emergency services commissioners' terms of   office begin 30 days after canvassing of the election results.          (i)  The board shall hold the general election for   commissioners in each even-numbered year on the November uniform   election date under Section 41.001, Election Code.          (j)  Subchapter C, Chapter 146, Election Code, applies to a   write-in candidate for emergency services commissioner under this   section in the same manner it applies to a write-in candidate for a   city office under that subchapter.          SECTION 5.  Section 775.0445(b), Health and Safety Code, is   amended to read as follows:          (b)  This section applies only 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                (2) [(3)]  with a population of less than 200,000 that   borders another state and the Gulf Intracoastal Waterway.          SECTION 6.  Section 775.301, Health and Safety Code, is   amended to read as follows:          Sec. 775.301.  DEFINITION. In this subchapter,   "commissioners court" means the commissioners court of a county   that borders the United Mexican States and [,] has a population of   more than 800,000[, and appoints a board of emergency services   commissioners under this chapter].          SECTION 7.  Section 775.302(a), Health and Safety Code, is   amended to read as follows:          (a)  This subchapter applies only to a district that is   located wholly in a county that borders the United Mexican States   and[,] that has a population of more than 800,000[, and for which   the commissioners court appoints a board of emergency services   commissioners under Section 775.034].          SECTION 8.  (a) The changes in law made by this Act do not   affect the entitlement of a member of a board of emergency services   commissioners serving on the board immediately before the effective   date of this Act to continue to carry out the board's functions for   the remainder of the member's term of appointment.          (b)  This Act does not prohibit a person who is a member of a   board of emergency services commissioners on the effective date of   this Act and who was appointed under Section 775.034, Health and   Safety Code, from running for election to the board if the person   has the qualifications required for a member under Section   775.0343, Health and Safety Code, as added by this Act.          (c)  A person serving as an appointed member of a board of   emergency services commissioners on the effective date of this Act   shall continue to serve until the election and qualification of a   new commissioner for that position.          (d)  In 2018, the board of directors of an emergency services   district to which Section 775.0343, Health and Safety Code, as   added by this Act, applies shall hold an election to replace those   appointed commissioners whose terms expire January 1, 2019. A   commissioner elected under this subsection serves a term that   begins January 1, 2019, and expires 30 days after the canvassing of   the results of the initial general election for commissioners held   in November 2020 under Section 775.0343(i), Health and Safety Code,   as added by this Act.          (e)  In 2019, the board of directors of an emergency services   district to which Section 775.0343, Health and Safety Code, as   added by this Act, applies shall hold an election to replace those   appointed commissioners whose terms expire January 1, 2020. A   commissioner elected under this subsection serves a term that   begins January 1, 2020, and expires 30 days after the canvassing of   the results of the initial general election for commissioners held   in November 2020 under Section 775.0343(i), Health and Safety Code,   as added by this Act.          SECTION 9.  This Act takes effect June 1, 2018.