Bill Text: TX HB1791 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to emergency services districts.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-03-10 - Referred to County Affairs [HB1791 Detail]

Download: Texas-2011-HB1791-Introduced.html

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82R5894 NAJ-F
By: Kleinschmidt H.B. No. 1791

A BILL TO BE ENTITLED
AN ACT
relating to emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0365 to read as follows:
Sec. 775.0365. BOARD TRAINING. (a) In this section,
"department" means the Texas Department of Rural Affairs.
(b) Each emergency services commissioner shall complete a
training course:
(1) for the commissioner's initial term, not later
than the earlier of:
(A) the 180th day after the date the commissioner
takes the oath of office; or
(B) the 180th day after the date the commissioner
assumes responsibilities as an emergency services commissioner;
and
(2) not later than the second anniversary of each date
the commissioner completes a training course.
(c) The department shall:
(1) determine the minimum course requirements; and
(2) make the course available.
(d) The department may provide the training course. The
department must approve any training course provided by an entity
other than the department.
(e) The training course must provide instruction in:
(1) district responsibilities;
(2) board responsibilities;
(3) government administration;
(4) ethics laws relating to public officers; and
(5) the governance and management of emergency
services.
(f) The entity providing the training course shall provide a
certificate of course completion to each person who completes the
course.
(g) An emergency services commissioner who completes the
training course shall file a copy of the certificate of course
completion with the commissioners court of each county in which the
district is located not later than the 10th day after the date the
commissioner is required to complete the course under Subsection
(b).
SECTION 2. 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 3. 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 one or more board members if the board failed to
give a [the] report required by Section 775.036 [775.036(a)(4)] to
the commissioners court before the 91st day after the date on which
the report is [was] due under that section.
(b-1) 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 board member if the board member does not
complete a training course and file a copy of the certificate of
course completion as required by Section 775.0365. If the district
is located in more than one county, the commissioners court of each
county must adopt the order before the board member may be removed.
(c) Before the 60th day after the date on which the report or
certificate of course completion is [was] due, each commissioners
court seeking removal under this section must notify the board
members that it is considering that action.
SECTION 4. Section 775.074, Health and Safety Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) The board may not set the tax rate for a fiscal year
before the date the board adopts a budget for that fiscal year.
SECTION 5. Section 775.082, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) When a district located wholly in one county fails to
complete and file the audit report by September 1 of each year and a
county auditor is not ordered to prepare the report, the board is
abolished and the commissioners court shall appoint a new board as
provided by Section 775.034.
SECTION 6. Subchapter C, Chapter 776, Health and Safety
Code, is amended by adding Sections 776.0355 and 776.0356 to read as
follows:
Sec. 776.0355. BOARD TRAINING. (a) In this section,
"department" means the Texas Department of Rural Affairs.
(b) Each emergency services commissioner shall complete a
training course:
(1) for the commissioner's initial term, not later
than the earlier of:
(A) the 180th day after the date the commissioner
takes the oath of office; or
(B) the 180th day after the date the commissioner
assumes responsibilities as an emergency services commissioner;
and
(2) not later than the second anniversary of each date
the commissioner completes a training course.
(c) The department shall:
(1) determine the minimum course requirements; and
(2) make the course available.
(d) The department may provide the training course. The
department must approve any training course provided by an entity
other than the department.
(e) The training course must provide instruction in:
(1) district responsibilities;
(2) board responsibilities;
(3) government administration;
(4) ethics laws relating to public officers; and
(5) the governance and management of emergency
services.
(f) The entity providing the training course shall provide a
certificate of course completion to each person who completes the
course.
(g) An emergency services commissioner who completes the
training course shall file a copy of the certificate of course
completion with the commissioners court of each county in which the
district is located not later than the 10th day after the date the
commissioner is required to complete the course under Subsection
(b).
Sec. 776.0356. REMOVAL OF APPOINTED BOARD MEMBER BY
COMMISSIONERS COURT. (a) The commissioners court of each county
in which a district is located, by an order adopted by a majority
vote after a hearing, may remove an appointed board member if the
board member fails to complete a training course and file a copy of
the certificate of course completion as required by Section
776.0355.
(b) Before the 60th day after the date the certificate of
completion is due, each commissioners court seeking removal under
this section must notify the board members that it is considering
that action.
SECTION 7. Section 776.075, Health and Safety Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) The board may not set the tax rate for a fiscal year
before the date the board adopts a budget for that fiscal year.
SECTION 8. Section 775.024, Health and Safety Code, is
repealed.
SECTION 9. (a) In this section, "department" means the
Texas Department of Rural Affairs.
(b) Not later than June 1, 2012, the department shall make
available a training course as required by Sections 775.0365 and
776.0355, Health and Safety Code, as added by this Act.
(c) The deadlines to take the course under Sections
775.0365(b) and 776.0355(b), Health and Safety Code, as added by
this Act, do not apply to an emergency services commissioner
appointed or elected to a board of emergency services commissioners
for a term that starts before June 1, 2012. Not later than the 180th
day after the date the department makes available a training course
under Subsection (b) of this section, an emergency services
commissioner described by this subsection must complete the course.
SECTION 10. 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.