82R6852 SGA-F
By: Eiland H.B. No. 3824
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors of the Cedar Bayou Navigation
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Chapter 589, Acts of the 75th
Legislature, Regular Session, 1997, is amended to read as follows:
Sec. 2. DEFINITIONS [DEFINITION]. In this Act:
(1) "Council director" means the advisory board member
appointed by the city council under Section 5(c).
(2) "District" [, "district"] means the Cedar Bayou
Navigation District.
(3) "District director" means a person who serves in a
numbered position on the district's board of directors.
(4) "Mayor director" means the advisory board member
appointed by the mayor under Section 5(c).
SECTION 2. Section 5, Chapter 589, Acts of the 75th
Legislature, Regular Session, 1997, is amended to read as follows:
Sec. 5. BOARD OF DIRECTORS. (a) The district is to be
governed by a board of five district [seven] directors.
(b) The district [five] directors [serving in director
positions 1, 2, 3, 4, and 5] shall be appointed by the Commissioners
Court of Chambers County from a list of candidates recommended by
the board in the manner provided by Sections 375.064(a), (b), (c),
(d), and (e) [in Section 375.064], Local Government Code[, or, if
the commissioners court is not satisfied with any of the
recommended candidates, from nominees submitted by members of the
commissioners court]. District [Said] directors shall serve
staggered six [(6)] year terms with the terms of one or two district
[the] directors expiring May 1 of each odd-numbered year as
provided by Subsection (c) [in positions 1 and 3 expiring May 1 of
an odd numbered year, the directors in positions 2 and 4 expiring
May 1 of another odd-numbered year, and the director in position 5
expiring May 1 of another odd-numbered year]. [Each director so
appointed shall serve a term of office of six (6) years, and until
his or her successor is appointed and has qualified.] Appointments
to fill an unexpired term shall be made by the remaining district
directors.
(b-1) The district directors serving in director positions
1 and 2 must be representatives of a company or business in the
district that has the highest and second highest taxable value of
real and personal property located in the district, as certified by
the Chambers County Appraisal District. The district directors
serving in director positions 3 and 4 must be representatives of a
company or business in the district that owns real or personal
property that has a taxable value of at least $25,000,000 but less
than $250,000,000, as certified by the Chambers County Appraisal
District. The district director serving in director position 5
must be a representative of a company or business that owns real or
personal property in the district that has a taxable value of at
least $5,000,000 but less than $25,000,000, as certified by the
Chambers County Appraisal District.
(b-2) The district directors shall elect a chairperson from
the district directors. The person elected serves a term of four
years as chairperson. [Beginning September 1, 2007, the
chairperson shall be elected by the directors from among the
directors in positions 1, 2, 3, 4, and 5. At the conclusion of the
term of the initial chairperson elected under this subsection, the
chairperson shall be elected by the directors from among the
directors in positions 6 and 7. The group of directors from which
the chairperson is elected shall continue to alternate between the
directors in positions 1, 2, 3, 4, and 5, and the directors in
positions 6 and 7.]
(c) The mayor [One] director is an advisory director[, who
shall serve in director position 6, shall be] appointed by the mayor
of the City of Baytown. The council[, and one] director is an
advisory director[, who shall serve in director position 7, shall
be] appointed by the city council of the City of Baytown. The two
directors shall serve staggered six [(6)] year terms with the term
of the mayor director [in position 6] expiring May 1 of the
odd-numbered year in which the terms of district directors serving
in positions 1 and 3 expire and with the term of the council
director [in position 7] expiring May 1 of the odd-numbered year in
which the terms of district directors serving in positions 2 and 4
expire. Each advisory director appointed [to serve in position 6 or
7] shall serve a term of office [of six (6) years, and] until his or
her successor is appointed [and has qualified]. Appointments to
fill an unexpired term of the mayor director [in position 6] shall
be made by the mayor of the City of Baytown, and appointments to
fill an unexpired term of the council director [in position 7] shall
be made by the city council of the City of Baytown.
(d) A district director appointed [Directors serving in
director positions 1, 2, 3, 4, and 5] for either a full or partial
term must [shall meet the following qualifications:
[(i)] be at least 21 [eighteen (18)] years of age[;]
and meet one or more of the following qualifications:
(1) [(ii)] be an owner of real property or taxable
non-exempt personal property in the district; [or]
(2) [(iii)] be an owner of at least 60 percent of the
outstanding shares of voting stock or equity [stock], whether
beneficial or otherwise, of a corporation or limited liability
company or a limited partnership or a partner of a general
partnership that is an owner of real property or taxable non-exempt
personal [corporate owner of] property in the district; [or]
(3) [(iv)] be an owner of a beneficial interest in a
trust that owns real property in the district; [or]
(4) [(v)] be an [agent,] employee, working at least 30
hours a week, [or tenant] of an entity [a person] described in
Subdivision (2) [the foregoing Subdivisions (ii), (iii), or (iv)];
or
(5) be a former employee with at least 10 years of
former service who is retired from an entity described in
Subdivision (2).
(e) An advisory director must [Directors serving in
director positions 6 and 7 shall meet the following
qualifications]:
(1) be at least 21 [18] years of age; and
(2) be a resident of the City of Baytown.
(e-1) An advisory director shall provide counsel,
information, and general policy advice to the board of district
directors on any matters the board considers appropriate and
requests. An advisory director shall perform the duties assigned
by the board, except that an advisory director may not vote on
district matters, manage the business and affairs of the district,
or otherwise exercise the power of the board of district directors.
An advisory director may attend meetings of the board. The board of
district directors may, but is not required to, give notice of board
meetings to an advisory director.
(f) No person may be appointed as a director or continue to
serve as a director unless they satisfy the requirements prescribed
by this section. [Each director shall qualify for office as
provided in Subchapter D, Chapter 375, Local Government Code.]
(g) The board shall be governed by the terms and conditions
set forth in Subchapter C, Chapter 63, Water Code, to the extent
such provisions do not conflict with the provisions of this Act.
(h) Directors shall be compensated in the manner provided by
Section 63.098, Water Code.
[(i) On September 1, 2007, the board is expanded from five
members to seven members by adding director positions 6 and 7 as
provided by Subsections (c) and (e) of this section. Regardless of
the length of the term prescribed by Subsection (c), the initial
term of the director serving in position 6 begins September 1, 2007,
and expires May 1, 2011, and the initial term of the director
serving in position 7 begins September 1, 2007, and expires May 1,
2013.]
SECTION 3. (a) The change in law made by this Act does not
affect the term of office of a director serving on the board of
directors of the Cedar Bayou Navigation District on the effective
date of this Act.
(b) On the effective date of this Act, a director serving in
position 6 of the board of directors of the Cedar Bayou Navigation
District becomes the mayor director, who is an advisory director,
as provided by Section 5(c), Chapter 589, Acts of the 75th
Legislature, Regular Session, 1997, as amended by this Act, and
Section 5(e-1) of that chapter, as added by this Act.
(c) On the effective date of this Act, a director serving in
position 7 of the board of directors of the Cedar Bayou Navigation
District becomes the council director, who is an advisory director,
as provided by Section 5(c), Chapter 589, Acts of the 75th
Legislature, Regular Session, 1997, as amended by this Act, and
Section 5(e-1) of that chapter, as added by this Act.
(d) Sections 5(d) and (e), Chapter 589, Acts of the 75th
Legislature, Regular Session, 1997, as amended by this Act, apply
only to a director who is appointed on or after the effective date
of this Act.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. 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.