Texas 2011 - 82nd Regular

Texas House Bill HB717 Compare Versions

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1	1	82R4989 SMH-D
2	2	By: Miller of Erath, et al. H.B. No. 717
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the selection of the board of directors of an appraisal
8	8	district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 6.03, Tax Code, is amended by amending
11	11	Subsections (a), (b), (c), (k), and (l) and adding Subsections
12	12	(a-1), (a-2), and (m) to read as follows:
13	13	(a) The appraisal district is governed by a board of seven
14	14	directors. Two directors are elected at the general election for
15	15	state and county officers by the voters of the county in which the
16	16	district is established, and five [Five] directors are appointed by
17	17	the taxing units that participate in the district as provided by
18	18	this section.
19	19	(a-1) If the county assessor-collector is not appointed to
20	20	the board of directors, the county assessor-collector serves as a
21	21	nonvoting director. The county assessor-collector is ineligible to
22	22	serve if the board enters into a contract under Section 6.05(b) or
23	23	if the commissioners court of the county enters into a contract
24	24	under Section 6.24(b).
25	25	(a-2) To be eligible to serve on the board of directors, an
26	26	individual, other than a county assessor-collector serving as a
27	27	nonvoting director, must be a resident of the appraisal district
28	28	and must have resided in the district for at least two years
29	29	immediately preceding the date the individual takes office. To be
30	30	eligible to be elected to the board, an individual must be a
31	31	resident of the county in which the district is established. An
32	32	individual who is otherwise eligible to serve on the board as a
33	33	member appointed by the taxing units participating in the district
34	34	is not ineligible because of membership on the governing body of a
35	35	taxing unit. An employee of a taxing unit that participates in the
36	36	district is not eligible to serve on the board as a member appointed
37	37	by the taxing units participating in the district unless the
38	38	individual is also a member of the governing body or an elected
39	39	official of a taxing unit that participates in the district.
40	40	(b) Members of the board of directors, other than a county
41	41	assessor-collector serving as a nonvoting director, serve two-year
42	42	terms. The terms of directors elected at a general election begin
43	43	on January 1 of odd-numbered years. The terms of directors
44	44	appointed by the taxing units begin [beginning] on January 1 of
45	45	even-numbered years.
46	46	(c) Members of the board of directors, other than a county
47	47	assessor-collector serving as a nonvoting director and other than
48	48	the elected members, are appointed by vote of the governing bodies
49	49	of the incorporated cities and towns, the school districts, and, if
50	50	entitled to vote, the conservation and reclamation districts that
51	51	participate in the district and of the county. A governing body may
52	52	cast all its votes for one candidate or distribute them among
53	53	candidates for any number of directorships. Conservation and
54	54	reclamation districts are not entitled to vote unless at least one
55	55	conservation and reclamation district in the district delivers to
56	56	the chief appraiser a written request to nominate and vote on the
57	57	board of directors by June 1 of each odd-numbered year. On receipt
58	58	of a request, the chief appraiser shall certify a list by June 15 of
59	59	all eligible conservation and reclamation districts that are
60	60	imposing taxes and that participate in the district.
61	61	(k) The governing body of each taxing unit entitled to vote
62	62	shall determine its vote by resolution and submit it to the chief
63	63	appraiser before December 15. The chief appraiser shall count the
64	64	votes, declare the five candidates who receive the largest
65	65	cumulative vote totals appointed [elected], and submit the results
66	66	before December 31 to the governing body of each taxing unit in the
67	67	district and to the candidates. For purposes of determining the
68	68	number of votes received by the candidates, the candidate receiving
69	69	the most votes of the conservation and reclamation districts is
70	70	considered to have received all of the votes cast by conservation
71	71	and reclamation districts and the other candidates are considered
72	72	not to have received any votes of the conservation and reclamation
73	73	districts. The chief appraiser shall resolve a tie vote by any
74	74	method of chance.
75	75	(l) If a vacancy occurs in an appointive position on the
76	76	board of directors, other than a vacancy in the position held by a
77	77	county assessor-collector serving as a nonvoting director, each
78	78	taxing unit that is entitled to vote by this section may nominate by
79	79	resolution adopted by its governing body a candidate to fill the
80	80	vacancy. The unit shall submit the name of its nominee to the chief
81	81	appraiser within 45 days after notification from the board of
82	82	directors of the existence of the vacancy, and the chief appraiser
83	83	shall prepare and deliver to the board of directors within the next
84	84	five days a list of the nominees. The board of directors shall
85	85	appoint [elect] by majority vote of its members one of the nominees
86	86	to fill the vacancy.
87	87	(m) If a vacancy occurs in an elective position on the board
88	88	of directors, the board of directors shall appoint by majority vote
89	89	of its members a person to fill the vacancy. A person appointed to
90	90	fill a vacancy in an elective position must have the qualifications
91	91	required of a director elected at a general election.
92	92	SECTION 2. Section 6.031, Tax Code, is amended to read as
93	93	follows:
94	94	Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION].
95	95	(a) The board of directors of an appraisal district, by resolution
96	96	adopted and delivered to each taxing unit participating in the
97	97	district before May [August] 15, may increase the number of members
98	98	on the board of directors of the district to not more than 13 or[,]
99	99	change the method or procedure for appointing the members appointed
100	100	by the taxing units participating in the district, or both, unless
101	101	the governing body of a taxing unit that is entitled to vote on the
102	102	appointment of board members adopts a resolution opposing the
103	103	change in the method or procedure for appointing those members[,]
104	104	and files it with the board of directors before June [September] 1.
105	105	If a change in the method or procedure for appointing those members
106	106	is rejected, the board shall notify, in writing, each taxing unit
107	107	participating in the district before June [September] 15.
108	108	(b) The taxing units participating in an appraisal district
109	109	may increase the number of members on the board of directors of the
110	110	district to not more than 13 or[,] change the method or procedure
111	111	for appointing the members appointed by the taxing units
112	112	participating in the district, or both, if the governing bodies of
113	113	three-fourths of the taxing units that are entitled to vote on the
114	114	appointment of board members adopt resolutions providing for the
115	115	change. However, a change under this subsection in the method or
116	116	procedure for selecting members appointed by the taxing units
117	117	participating in the district is not valid if it reduces the voting
118	118	entitlement of one or more taxing units that do not adopt a
119	119	resolution proposing it to less than a majority of the voting
120	120	entitlement under Section 6.03 [of this code] or if it reduces the
121	121	voting entitlement of any taxing unit that does not adopt a
122	122	resolution proposing it to less than 50 percent of its voting
123	123	entitlement under Section 6.03 [of this code] and if that taxing
124	124	unit's allocation of the budget is not reduced to the same
125	125	proportional percentage amount, or if it expands the types of
126	126	taxing units that are entitled to vote on appointment of board
127	127	members.
128	128	(c) An official copy of a resolution under Subsection (b)
129	129	[this section] must be filed with the chief appraiser of the
130	130	appraisal district after May [June] 30 and before August [October]
131	131	1 [of a year in which board members are appointed] or the resolution
132	132	is ineffective.
133	133	(d) Before August 15 [October 5 of each year in which board
134	134	members are appointed], the chief appraiser shall determine whether
135	135	a sufficient number of eligible taxing units have filed valid
136	136	resolutions proposing a change under Subsection (b) for the change
137	137	to take effect. The chief appraiser shall notify each taxing unit
138	138	participating in the district of each change that is adopted before
139	139	August 30 [October 10]. A change in the method or procedure for
140	140	selecting members appointed by the taxing units participating in
141	141	the district that is adopted takes effect on the date the chief
142	142	appraiser notifies the taxing units of the change. An increase in
143	143	the number of members of the board takes effect on January 1 of the
144	144	first year after the date the chief appraiser notifies the taxing
145	145	units of the increase.
146	146	(e) If the number of members of the board is increased under
147	147	this section, at least one-half of the number of new members shall
148	148	be elected to the board in the manner provided by Section 6.03. The
149	149	board of directors by majority vote of its members may increase the
150	150	number of members to be elected to more than the minimum number
151	151	required by this subsection.
152	152	(f) A change in [membership or] selection of the board
153	153	members appointed by the taxing units participating in the district
154	154	made as provided by this section remains in effect until changed in
155	155	a manner provided by this section or rescinded by resolution of a
156	156	majority of the governing bodies that are entitled to vote on
157	157	appointment of board members under Section 6.03 [of this code].
158	158	(g) [(f)] A provision of Section 6.03 [of this code] that is
159	159	subject to change under this section but is not expressly changed by
160	160	resolution of a sufficient number of eligible taxing units remains
161	161	in effect.
162	162	(h) [(g)] For purposes of this section, the conservation
163	163	and reclamation districts in an appraisal district are considered
164	164	to be entitled to vote on the appointment of appraisal district
165	165	directors if:
166	166	(1) a conservation and reclamation district has filed
167	167	a request to the chief appraiser to nominate and vote on directors
168	168	in the current year as provided by Section 6.03(c); or
169	169	(2) conservation and reclamation districts were
170	170	entitled to vote on the appointment of directors in the appraisal
171	171	district in the most recent year in which directors were appointed
172	172	under Section 6.03.
173	173	SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by
174	174	adding Section 6.032 to read as follows:
175	175	Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING
176	176	FEE. (a) Except as provided by this section, Chapter 144, Election
177	177	Code, applies to a candidate for an elective position on an
178	178	appraisal district board of directors.
179	179	(b) An application for a place on the ballot must be filed
180	180	with the county judge of the county in which the appraisal district
181	181	is established and be accompanied by a filing fee of:
182	182	(1) $750 for a county with a population of less than
183	183	200,000; or
184	184	(2) $1,250 for a county with a population of 200,000 or
185	185	more.
186	186	(c) A candidate's name may appear on the ballot only as an
187	187	independent candidate.
188	188	(d) A filing fee received under this section shall be
189	189	deposited in the county treasury to the credit of the county general
190	190	fund.
191	191	SECTION 4. Section 6.033, Tax Code, is amended to read as
192	192	follows:
193	193	Sec. 6.033. RECALL OF APPOINTED DIRECTOR. (a) The
194	194	governing body of a taxing unit may call for the recall of a member
195	195	of the board of directors of an appraisal district appointed by the
196	196	taxing units participating in the district under Section 6.03 [of
197	197	this code] for whom the unit cast any of its votes in the
198	198	appointment of the appointive board members. The call must be in
199	199	the form of a resolution, be filed with the chief appraiser of the
200	200	appraisal district, and state that the unit is calling for the
201	201	recall of the member. If a resolution calling for the recall of a
202	202	board member is filed under this subsection, the chief appraiser,
203	203	not later than the 10th day after the date of filing, shall deliver
204	204	a written notice of the filing of the resolution and the date of its
205	205	filing to the presiding officer of the governing body of each taxing
206	206	unit entitled to vote in the appointment of board members.
207	207	(b) On or before the 30th day after the date on which a
208	208	resolution calling for the recall of a member of the board appointed
209	209	by the taxing units participating in the district is filed, the
210	210	governing body of a taxing unit that cast any of its votes in the
211	211	appointment of the board for that member may vote to recall the
212	212	member by resolution submitted to the chief appraiser. Each taxing
213	213	unit is entitled to the same number of votes in the recall as it cast
214	214	for that member in the member's appointment to [of] the board. The
215	215	governing body of the taxing unit calling for the recall may cast
216	216	its votes in favor of the recall in the same resolution in which it
217	217	called for the recall.
218	218	(c) Not later than the 10th day after the last day provided
219	219	by this section for voting in favor of the recall, the chief
220	220	appraiser shall count the votes cast in favor of the recall. If the
221	221	number of votes in favor of the recall equals or exceeds a majority
222	222	of the votes cast for the member in the member's appointment to [of]
223	223	the board, the member is recalled and ceases to be a member of the
224	224	board. The chief appraiser shall immediately notify in writing the
225	225	presiding officer of the appraisal district board of directors and
226	226	of the governing body of each taxing unit that voted in the recall
227	227	election of the outcome of the recall election. If the presiding
228	228	officer of the appraisal district board of directors is the member
229	229	whose recall was voted on, the chief appraiser shall also notify the
230	230	secretary of the appraisal district board of directors of the
231	231	outcome of the recall election.
232	232	(d) If a vacancy occurs on the board of directors after the
233	233	recall of a member of the board under this section, the taxing units
234	234	that were entitled to vote in the recall election shall appoint a
235	235	new board member to the vacancy. Each taxing unit is entitled to
236	236	the same number of votes as it originally cast to appoint the
237	237	recalled board member. Each taxing unit entitled to vote may
238	238	nominate one candidate by resolution adopted by its governing body.
239	239	The presiding officer of the governing body of the unit shall submit
240	240	the name of the unit's nominee to the chief appraiser on or before
241	241	the 30th day after the date it receives notification from the chief
242	242	appraiser of the result of the recall election. On or before the
243	243	15th day after the last day provided for a nomination to be
244	244	submitted, the chief appraiser shall prepare a ballot, listing the
245	245	candidates nominated alphabetically according to each candidate's
246	246	surname, and shall deliver a copy of the ballot to the presiding
247	247	officer of the governing body of each taxing unit that is entitled
248	248	to vote. On or before the 15th day after the date on which a taxing
249	249	unit's ballot is delivered, the governing body of the taxing unit
250	250	shall determine its vote by resolution and submit it to the chief
251	251	appraiser. On or before the 15th day after the last day on which a
252	252	taxing unit may vote, the chief appraiser shall count the votes,
253	253	declare the candidate who received the largest vote total
254	254	appointed, and submit the results to the presiding officer of the
255	255	governing body of the appraisal district and of each taxing unit in
256	256	the district and to the candidates. The chief appraiser shall
257	257	resolve a tie vote by any method of chance.
258	258	(e) If the members appointed by the taxing units
259	259	participating in the district to the board of directors of an
260	260	appraisal district are [is] appointed by a method or procedure
261	261	adopted under Section 6.031 [of this code], the governing bodies of
262	262	the taxing units that voted for or otherwise participated in the
263	263	appointment of a member of the board may recall that member and
264	264	appoint a new member to the vacancy by any method adopted by
265	265	resolution of a majority of those governing bodies. If the
266	266	appointment was by election by the taxing units participating in
267	267	the district, the method of recall and of appointing a new member to
268	268	the vacancy is not valid unless it provides that each taxing unit is
269	269	entitled to the same number of votes in the recall and in the
270	270	appointment to fill the vacancy as the unit [it] originally cast for
271	271	the member being recalled.
272	272	SECTION 5. Section 6.036(a), Tax Code, is amended to read as
273	273	follows:
274	274	(a) An individual is not eligible to be a candidate for, to
275	275	be appointed to, or to serve on the board of directors of an
276	276	appraisal district if the individual or a business entity in which
277	277	the individual has a substantial interest is a party to a contract
278	278	with:
279	279	(1) the appraisal district; or
280	280	(2) a taxing unit that participates in the appraisal
281	281	district, if the contract relates to the performance of an activity
282	282	governed by this title.
283	283	SECTION 6. Section 6.037, Tax Code, is amended to read as
284	284	follows:
285	285	Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION
286	286	DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a
287	287	reference to the taxing units entitled to vote on the appointment of
288	288	appraisal district board members includes the conservation and
289	289	reclamation districts participating in the appraisal district,
290	290	without regard to whether the conservation and reclamation
291	291	districts are currently entitled to do so under Section 6.03(c). In
292	292	a provision of this title other than Section 6.03 or 6.031 that
293	293	grants authority to a majority or other number of the taxing units
294	294	entitled to vote on the appointment of appraisal district
295	295	directors, including the disapproval of the appraisal district
296	296	budget under Section 6.06 [and the disapproval of appraisal
297	297	district board actions under Section 6.10], the conservation and
298	298	reclamation districts participating in the appraisal district are
299	299	given the vote or authority of one taxing unit. That vote or
300	300	authority is considered exercised only if a majority of the
301	301	conservation and reclamation districts take the same action to
302	302	exercise that vote or authority. Otherwise, the conservation and
303	303	reclamation districts are treated in the same manner as a single
304	304	taxing unit that is entitled to act but does not take any action on
305	305	the matter.
306	306	SECTION 7. Section 52.092, Election Code, is amended by
307	307	adding Subsection (k) to read as follows:
308	308	(k) The secretary of state shall prescribe procedures for
309	309	listing the office of appraisal district director on the ballot.
310	310	SECTION 8. Sections 6.034 and 6.10, Tax Code, are repealed.
311	311	SECTION 9. (a) The appropriate number of appraisal
312	312	district directors holding elective positions shall be elected in
313	313	each appraisal district as provided by Section 6.03, Tax Code, as
314	314	amended by this Act, and Section 6.032, Tax Code, as added by this
315	315	Act, beginning with the general election for state and county
316	316	officers conducted in 2012. Members then elected take office
317	317	January 1, 2013.
318	318	(b) The change in law made by this Act does not affect the
319	319	selection of appraisal district directors serving before January 1,
320	320	2013.
321	321	(c) A director of an appraisal district that has adopted
322	322	staggered terms for directors under Section 6.034, Tax Code, who is
323	323	appointed to a term that begins on January 1, 2013, serves a
324	324	one-year term.
325	325	SECTION 10. (a) Except as provided by Subsection (b) of
326	326	this section, this Act takes effect January 1, 2013.
327	327	(b) This section and Sections 7 and 9 of this Act take effect
328	328	September 1, 2011.