Texas Health and Safety Code 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.
Terms Used In Texas Health and Safety Code 775.0355
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
(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.