Sec. 775.0355. DISQUALIFICATION OF EMERGENCY SERVICES COMMISSIONERS IN CERTAIN COUNTIES. (a) In this section, "emergency services organization" means:
(1) a volunteer fire department;
(2) a career or combination fire department;
(3) a municipal fire department;
(4) an emergency medical services organization under the jurisdiction of the Department of State Health Services;
(5) any other agency under the jurisdiction of the state fire marshal's office; or
(6) any other organization or corporation that governs an emergency services organization.
(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
(3) with a population of less than 200,000 that borders another state and the Gulf Intracoastal Waterway.
(c) A person is disqualified from serving as an emergency services commissioner if that person:
(1) is related within the third degree of affinity or consanguinity to:
(A) a person providing professional services to the district;
(B) a commissioner of the same district; or
(C) a person who is an employee or volunteer of an emergency services organization providing emergency services to the district;
(2) is an employee of a commissioner of the same district, attorney, or other person providing professional services to the district;
(3) is serving as an attorney, consultant, or architect or in some other professional capacity for the district or an emergency services organization providing emergency services to the district; or
(4) fails to maintain the qualifications required by law to serve as a commissioner.
(d) Any rights obtained by a third party through official action of a board covered by this section are not impaired or affected by the disqualification under this section of an emergency services commissioner to serve, provided that the third party had no knowledge, at the time the rights were obtained, of the fact that the commissioner was disqualified to serve.
Added by Acts 2007, 80th Leg., R.S., Ch. 900 (H.B. 2653), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 5, eff. September 1, 2013.
Structure Texas Statutes
Chapter 775 - Emergency Services Districts
Subchapter C. Organization, Powers, and Duties
Section 775.031. District Powers
Section 775.0315. Legal Representation
Section 775.032. Certain Businesses Not Subject to Ad Valorem Tax or District Powers
Section 775.033. Liability of District
Section 775.034. Appointment of Board in District Located Wholly in One County
Section 775.0341. Appointment of Board in Certain Districts Located in More Than One County
Section 775.0345. Election of Board in Certain Counties
Section 775.035. Election of Board in District Located in More Than One County
Section 775.0355. Disqualification of Emergency Services Commissioners in Certain Counties
Section 775.036. Powers and Duties of Board
Section 775.0362. Limit on Regulation of Fireworks
Section 775.0363. Regulation of Fireworks
Section 775.0365. Board Training
Section 775.0366. Service Contracts
Section 775.037. Officers of Board
Section 775.038. Compensation; Conflict of Interest
Section 775.039. Differential Pay and Benefits for Employees of Emergency Services Districts
Section 775.040. Fees for Providing Services
Section 775.041. Fee Payment and Collection
Section 775.042. Removal of Board Member by Board
Section 775.0422. Removal of Appointed Board Member by Commissioners Court
Section 775.0423. Removal of Elected Board Member
Section 775.043. Exemption From Investment Training
Section 775.044. Vacancy on Board of District Located in More Than One County
Section 775.0445. Vacancy on Board of District Located in Certain Counties