Bill Text: TX HB1791 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to emergency services districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-10 - Referred to County Affairs [HB1791 Detail]
Download: Texas-2011-HB1791-Introduced.html
82R5894 NAJ-F | ||
By: Kleinschmidt | H.B. No. 1791 |
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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 [ |
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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 [ |
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the commissioners court before the 91st day after the date on which | ||
the report is [ |
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(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 [ |
||
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. |