Tex. Health & Safety Code Section 775.0345
Election of Board in Certain Counties


(a)

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

(3)

with a population of less than 200,000 that borders another state and the Gulf Intracoastal Waterway.

(b)

The governing body of a district consists of a five-person board of emergency services commissioners elected as prescribed by this section. Except as provided by Subsections (h) and (h-1), emergency services commissioners serve four-year terms.

(b-1)

Notwithstanding Subsection (b), the governing body of a district described by Subsection (a)(2) is governed by a five-member board of emergency services commissioners elected from single-member districts. One director is elected from each single-member district. As soon as possible after the district is created, the commissioners court of the county in which the district is located shall divide the district into five numbered single-member districts.

(c)

After a district is created, the county judge shall establish a convenient day provided by Section 41.001 (Uniform Election Dates), 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.

(d-1)

Notwithstanding Subsection (d), to be eligible to be a candidate for emergency services commissioner in a single-member district on an initial board in a district described by Subsection (a)(2), a person must be at least 18 years of age and a resident of that single-member 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. If the person intends to run for emergency services commissioner in a single-member district in a district described by Subsection (a)(2), the notice must also specify the single-member district the person seeks to represent. 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. The two commissioners who received the fewest votes serve a term that expires on December 31 of the second year following the year in which the election was held. The other emergency services commissioners serve terms that expire on December 31 of the fourth year following the year in which the election was held.

(h-1)

Notwithstanding Subsection (h), the five initial emergency services commissioners elected from single-member districts in a district described by Subsection (a)(2) shall draw lots to determine which two commissioners serve terms that expire on December 31 of the second year following the year in which the election was held and which three commissioners serve terms that expire on December 31 of the fourth year following the year in which the election was held.

(i)

The board shall hold the general election for commissioner every two years on an authorized uniform election date as provided by Chapter 41 (Election Dates and Hours for Voting), Election Code. The board may change the election date from one authorized election date to another authorized election date and shall adjust the terms of office to conform to the new election date.

(j)

Subchapter C (Candidate’s Name Required to Appear on List), Chapter 146 (Write-in Candidate), 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 900 (H.B. 2653), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 454 (H.B. 2529), Sec. 1, eff. January 1, 2010.
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 3, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 72 (H.B. 2494), Sec. 1, eff. September 1, 2021.

Source: Section 775.0345 — Election of Board in Certain Counties, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­775.­htm#775.­0345 (accessed Apr. 13, 2024).

775.001
Definitions
775.002
Liberal Construction
775.003
Authorization
775.011
Petition for Creation of District Located Wholly in One County
775.012
Petition for Creation of District Located in More than One County
775.013
Contents of Petition
775.014
Creation of District that Includes Municipal Territory
775.015
Filing of Petition and Notice of Hearing
775.016
Hearing
775.017
Petition Approval
775.018
Election
775.019
Election Result and Commissioners Court Order
775.020
Overlapping Districts Located Wholly in Populous County
775.021
Exclusion of Territory Located Within Other Taxing Authority
775.022
Removal of Territory by Municipality
775.024
Consolidation of Emergency Services Districts
775.025
Exclusion of Certain Territory Subject to Assessments
775.026
Conversion of Rural Fire Prevention Districts to Emergency Services Districts
775.031
District Powers
775.032
Certain Businesses Not Subject to Ad Valorem Tax or District Powers
775.033
Liability of District
775.034
Appointment of Board in District Located Wholly in One County
775.035
Election of Board in District Located in More than One County
775.036
Powers and Duties of Board
775.037
Officers of Board
775.038
Compensation
775.039
Differential Pay and Benefits for Employees of Emergency Services Districts
775.040
Fees for Providing Services
775.041
Fee Payment and Collection
775.042
Removal of Board Member by Board
775.043
Exemption from Investment Training
775.044
Vacancy on Board of District Located in More than One County
775.045
Applicability of Certain Laws
775.051
Expansion of District Territory
775.052
Petition for Dissolution
775.053
Hearing
775.054
Election to Confirm Dissolution
775.055
Administration of Property, Debts, and Assets After Dissolution
775.056
Transfer of Territory Between Districts
775.071
Limitation on Indebtedness
775.072
Depositories
775.073
Expenditures
775.074
Ad Valorem Tax
775.075
Reduction of Ad Valorem Tax Rate
775.076
Bonds and Notes Authorized
775.077
Election to Approve Bonds and Notes
775.078
Bond Anticipation Notes
775.082
Audit of District in Less Populous Counties
775.083
Annual Report
775.084
Competitive Bids
775.085
Loan for Real Property or Emergency Services Equipment
775.101
Creation
775.102
Term
775.103
Bond
775.104
Conflict of Interest
775.105
Administrative Support
775.106
Jurisdiction
775.107
Transfer of Jurisdiction
775.108
General Powers and Duties
775.109
Investigations
775.110
Inspection
775.111
Inspection for Fire Hazards
775.112
Records
775.113
Additional Investigation Powers
775.114
Insurance
775.115
Cooperation with Other Fire Marshals
775.116
Enforcement
775.117
Service of Process
775.118
Criminal Penalty
775.119
Criminal Penalty
775.151
Definitions
775.152
Hazardous Materials Service
775.153
Fee for Providing Hazardous Materials Service
775.154
Exemption for Governmental Entities
775.201
Definition
775.202
Agreement on Boundaries with Property Owners in Planned Community
775.203
Notice of Hearing
775.204
Adoption of Agreement and Approval of Exclusion
775.0205
Overlapping Districts
775.205
Effect of Adoption of Agreement and Approval of Exclusion
775.206
No Effect on Outstanding Obligations
775.0221
Arbitration Regarding Removed Territory
775.221
Authority to Divide District
775.222
Petition for Division
775.223
Hearing on Division of District
775.224
Appeal
775.225
Election to Confirm Division
775.226
Division Order
775.227
Administration of Districts After Division
775.228
Taxation for Outstanding Bonded Debt
775.229
Further Division Prohibited
775.0235
Removal of Certain Territory on Request of Municipality
775.0241
Taxes for Consolidated District
775.251
Sale and Disposition of Surplus or Salvage Property
775.301
Definition
775.302
Applicability
775.303
Delegation or Waiver by Commissioners Court
775.304
Powers Relating to District Property, Facilities, and Equipment
775.305
Budget
775.306
Business Participation
775.0315
Legal Representation
775.0341
Appointment of Board in Certain Districts Located in More than One County
775.0345
Election of Board in Certain Counties
775.0355
Disqualification of Emergency Services Commissioners in Certain Counties
775.0362
Limit on Regulation of Fireworks
775.0363
Regulation of Fireworks
775.0365
Board Training
775.0366
Service Contracts
775.0422
Removal of Appointed Board Member by Commissioners Court
775.0423
Removal of Elected Board Member
775.0445
Vacancy on Board of District Located in Certain Counties
775.0735
Disposition of Property
775.0745
Election to Increase Tax Rate
775.0751
Sales and Use Tax
775.0752
Sales and Use Tax Election Procedures
775.0753
Sales and Use Tax Effective Date
775.0754
Sales and Use Tax Agreement with Municipality After Annexation
775.0821
Alternative to Audit of District in Less Populous Counties
775.0825
Audit of District in Certain Populous Counties

Accessed:
Apr. 13, 2024

§ 775.0345’s source at texas​.gov