ESD Commissioners have several requirements that must be met including taking oaths of office, completing open meetings and open records training within 90 days, and obtaining at least six hours of continuing education every two years. Commissioners must also hold regular monthly meetings, establish administrative offices, adopt annual budgets and tax rates, and complete various financial, reporting, and recordkeeping tasks to comply with regulations. Training on emergency services governance, ethics, and federal grant requirements is also recommended.

1. Things ESD Commissioners
Must Do
SAFE-D 11th Annual Conference
February 24, 2012
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2012
©2011

2. Board of Commissioners
Requirements
• Oaths of office and statements for
Commissioners.
• Open Meetings and Open Records
Training to be completed by all
Commissioners.
– Must be completed within 90 days of taking
office.
• Hold Regular Monthly Meetings
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

3. Training
• Must obtain at least six hours of certified
continuing education at least once in a two-year
period and may carry forward not more than three
hours from one period to the next.
• For purposes of removal of a commissioner,
“incompetency” includes failure to comply with
training requirements.
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

4. What Kind of Training?
• Training topics under HB 1619 as originally
filed:
– district responsibilities;
– board responsibilities;
– government administration;
– ethics laws relating to public officers; and
– the governance and management of emergency
services.
• HB 1619 did not pass and these
requirements are not in current law, but serve
2705 Bee Cave Road, Suite 110
as guidance Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

5. Offices and Meetings
• Establish District Administrative Office and
publish notice of location in newspapers
within 60 days of Commissioner
qualification.
• Election of President, Vice President,
Treasurer, Secretary and Assistant
Treasurer.
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

6. Budget and Tax Rate
• Schedule meetings and public hearings on
Budget and Tax Rate to comply with Truth-
in-Taxation requirements.
• Adopt Budget by September 30th.
• Adopt Tax Rate by September 30th or
within 60 days after tax roll certification.
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

7. Miscellaneous Financial Issues
• Adopt Resolution Establishing District
Fiscal Year.
• Establish District Depository.
• Open District bank account(s), and
investment account(s).
• File Audit with County
• Adopt Investment Policy
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

8. Reporting and Registrations
• Register/File Report with Texas
Department of Agriculture.
• Obtain a federal tax identification number
for the District.
• Obtain a taxing unit identification number
from the Texas Comptroller
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

9. Recordkeeping
• Approve a Records Management
Program, including:
– Order Establishing Records Management
Program, Appointing Records Management
Office, and Appointing Public Information
Coordinator; and
– Declaration of Compliance with Records
Scheduling Requirement of the Local
Government Act.
– File with State Library and Archives
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
Commission. www.carltonlawaustin.com
©2011

10. Other Training
• NIMS 100
• NIMS 200
• NIMS 700
• NIMS 800
– All needed to comply with terms of federal
grants
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011

11. Questions?
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2012
©2011

12. Things ESD Commissioners
Must Do
John J. Carlton
The Carlton Law Firm, PLLC
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
john@carltonlawaustin.com
2705 Bee Cave Road, Suite 110
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2011