82R4989 SMH-D
By: Miller of Erath, et al. H.B. No. 717
A BILL TO BE ENTITLED
AN ACT
relating to the selection of the board of directors of an appraisal
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.03, Tax Code, is amended by amending
Subsections (a), (b), (c), (k), and (l) and adding Subsections
(a-1), (a-2), and (m) to read as follows:
(a) The appraisal district is governed by a board of seven
directors. Two directors are elected at the general election for
state and county officers by the voters of the county in which the
district is established, and five [Five] directors are appointed by
the taxing units that participate in the district as provided by
this section.
(a-1) If the county assessor-collector is not appointed to
the board of directors, the county assessor-collector serves as a
nonvoting director. The county assessor-collector is ineligible to
serve if the board enters into a contract under Section 6.05(b) or
if the commissioners court of the county enters into a contract
under Section 6.24(b).
(a-2) To be eligible to serve on the board of directors, an
individual, other than a county assessor-collector serving as a
nonvoting director, must be a resident of the appraisal district
and must have resided in the district for at least two years
immediately preceding the date the individual takes office. To be
eligible to be elected to the board, an individual must be a
resident of the county in which the district is established. An
individual who is otherwise eligible to serve on the board as a
member appointed by the taxing units participating in the district
is not ineligible because of membership on the governing body of a
taxing unit. An employee of a taxing unit that participates in the
district is not eligible to serve on the board as a member appointed
by the taxing units participating in the district unless the
individual is also a member of the governing body or an elected
official of a taxing unit that participates in the district.
(b) Members of the board of directors, other than a county
assessor-collector serving as a nonvoting director, serve two-year
terms. The terms of directors elected at a general election begin
on January 1 of odd-numbered years. The terms of directors
appointed by the taxing units begin [beginning] on January 1 of
even-numbered years.
(c) Members of the board of directors, other than a county
assessor-collector serving as a nonvoting director and other than
the elected members, are appointed by vote of the governing bodies
of the incorporated cities and towns, the school districts, and, if
entitled to vote, the conservation and reclamation districts that
participate in the district and of the county. A governing body may
cast all its votes for one candidate or distribute them among
candidates for any number of directorships. Conservation and
reclamation districts are not entitled to vote unless at least one
conservation and reclamation district in the district delivers to
the chief appraiser a written request to nominate and vote on the
board of directors by June 1 of each odd-numbered year. On receipt
of a request, the chief appraiser shall certify a list by June 15 of
all eligible conservation and reclamation districts that are
imposing taxes and that participate in the district.
(k) The governing body of each taxing unit entitled to vote
shall determine its vote by resolution and submit it to the chief
appraiser before December 15. The chief appraiser shall count the
votes, declare the five candidates who receive the largest
cumulative vote totals appointed [elected], and submit the results
before December 31 to the governing body of each taxing unit in the
district and to the candidates. For purposes of determining the
number of votes received by the candidates, the candidate receiving
the most votes of the conservation and reclamation districts is
considered to have received all of the votes cast by conservation
and reclamation districts and the other candidates are considered
not to have received any votes of the conservation and reclamation
districts. The chief appraiser shall resolve a tie vote by any
method of chance.
(l) If a vacancy occurs in an appointive position on the
board of directors, other than a vacancy in the position held by a
county assessor-collector serving as a nonvoting director, each
taxing unit that is entitled to vote by this section may nominate by
resolution adopted by its governing body a candidate to fill the
vacancy. The unit shall submit the name of its nominee to the chief
appraiser within 45 days after notification from the board of
directors of the existence of the vacancy, and the chief appraiser
shall prepare and deliver to the board of directors within the next
five days a list of the nominees. The board of directors shall
appoint [elect] by majority vote of its members one of the nominees
to fill the vacancy.
(m) If a vacancy occurs in an elective position on the board
of directors, the board of directors shall appoint by majority vote
of its members a person to fill the vacancy. A person appointed to
fill a vacancy in an elective position must have the qualifications
required of a director elected at a general election.
SECTION 2. Section 6.031, Tax Code, is amended to read as
follows:
Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION].
(a) The board of directors of an appraisal district, by resolution
adopted and delivered to each taxing unit participating in the
district before May [August] 15, may increase the number of members
on the board of directors of the district to not more than 13 or[,]
change the method or procedure for appointing the members appointed
by the taxing units participating in the district, or both, unless
the governing body of a taxing unit that is entitled to vote on the
appointment of board members adopts a resolution opposing the
change in the method or procedure for appointing those members[,]
and files it with the board of directors before June [September] 1.
If a change in the method or procedure for appointing those members
is rejected, the board shall notify, in writing, each taxing unit
participating in the district before June [September] 15.
(b) The taxing units participating in an appraisal district
may increase the number of members on the board of directors of the
district to not more than 13 or[,] change the method or procedure
for appointing the members appointed by the taxing units
participating in the district, or both, if the governing bodies of
three-fourths of the taxing units that are entitled to vote on the
appointment of board members adopt resolutions providing for the
change. However, a change under this subsection in the method or
procedure for selecting members appointed by the taxing units
participating in the district is not valid if it reduces the voting
entitlement of one or more taxing units that do not adopt a
resolution proposing it to less than a majority of the voting
entitlement under Section 6.03 [of this code] or if it reduces the
voting entitlement of any taxing unit that does not adopt a
resolution proposing it to less than 50 percent of its voting
entitlement under Section 6.03 [of this code] and if that taxing
unit's allocation of the budget is not reduced to the same
proportional percentage amount, or if it expands the types of
taxing units that are entitled to vote on appointment of board
members.
(c) An official copy of a resolution under Subsection (b)
[this section] must be filed with the chief appraiser of the
appraisal district after May [June] 30 and before August [October]
1 [of a year in which board members are appointed] or the resolution
is ineffective.
(d) Before August 15 [October 5 of each year in which board
members are appointed], the chief appraiser shall determine whether
a sufficient number of eligible taxing units have filed valid
resolutions proposing a change under Subsection (b) for the change
to take effect. The chief appraiser shall notify each taxing unit
participating in the district of each change that is adopted before
August 30 [October 10]. A change in the method or procedure for
selecting members appointed by the taxing units participating in
the district that is adopted takes effect on the date the chief
appraiser notifies the taxing units of the change. An increase in
the number of members of the board takes effect on January 1 of the
first year after the date the chief appraiser notifies the taxing
units of the increase.
(e) If the number of members of the board is increased under
this section, at least one-half of the number of new members shall
be elected to the board in the manner provided by Section 6.03. The
board of directors by majority vote of its members may increase the
number of members to be elected to more than the minimum number
required by this subsection.
(f) A change in [membership or] selection of the board
members appointed by the taxing units participating in the district
made as provided by this section remains in effect until changed in
a manner provided by this section or rescinded by resolution of a
majority of the governing bodies that are entitled to vote on
appointment of board members under Section 6.03 [of this code].
(g) [(f)] A provision of Section 6.03 [of this code] that is
subject to change under this section but is not expressly changed by
resolution of a sufficient number of eligible taxing units remains
in effect.
(h) [(g)] For purposes of this section, the conservation
and reclamation districts in an appraisal district are considered
to be entitled to vote on the appointment of appraisal district
directors if:
(1) a conservation and reclamation district has filed
a request to the chief appraiser to nominate and vote on directors
in the current year as provided by Section 6.03(c); or
(2) conservation and reclamation districts were
entitled to vote on the appointment of directors in the appraisal
district in the most recent year in which directors were appointed
under Section 6.03.
SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by
adding Section 6.032 to read as follows:
Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING
FEE. (a) Except as provided by this section, Chapter 144, Election
Code, applies to a candidate for an elective position on an
appraisal district board of directors.
(b) An application for a place on the ballot must be filed
with the county judge of the county in which the appraisal district
is established and be accompanied by a filing fee of:
(1) $750 for a county with a population of less than
200,000; or
(2) $1,250 for a county with a population of 200,000 or
more.
(c) A candidate's name may appear on the ballot only as an
independent candidate.
(d) A filing fee received under this section shall be
deposited in the county treasury to the credit of the county general
fund.
SECTION 4. Section 6.033, Tax Code, is amended to read as
follows:
Sec. 6.033. RECALL OF APPOINTED DIRECTOR. (a) The
governing body of a taxing unit may call for the recall of a member
of the board of directors of an appraisal district appointed by the
taxing units participating in the district under Section 6.03 [of
this code] for whom the unit cast any of its votes in the
appointment of the appointive board members. The call must be in
the form of a resolution, be filed with the chief appraiser of the
appraisal district, and state that the unit is calling for the
recall of the member. If a resolution calling for the recall of a
board member is filed under this subsection, the chief appraiser,
not later than the 10th day after the date of filing, shall deliver
a written notice of the filing of the resolution and the date of its
filing to the presiding officer of the governing body of each taxing
unit entitled to vote in the appointment of board members.
(b) On or before the 30th day after the date on which a
resolution calling for the recall of a member of the board appointed
by the taxing units participating in the district is filed, the
governing body of a taxing unit that cast any of its votes in the
appointment of the board for that member may vote to recall the
member by resolution submitted to the chief appraiser. Each taxing
unit is entitled to the same number of votes in the recall as it cast
for that member in the member's appointment to [of] the board. The
governing body of the taxing unit calling for the recall may cast
its votes in favor of the recall in the same resolution in which it
called for the recall.
(c) Not later than the 10th day after the last day provided
by this section for voting in favor of the recall, the chief
appraiser shall count the votes cast in favor of the recall. If the
number of votes in favor of the recall equals or exceeds a majority
of the votes cast for the member in the member's appointment to [of]
the board, the member is recalled and ceases to be a member of the
board. The chief appraiser shall immediately notify in writing the
presiding officer of the appraisal district board of directors and
of the governing body of each taxing unit that voted in the recall
election of the outcome of the recall election. If the presiding
officer of the appraisal district board of directors is the member
whose recall was voted on, the chief appraiser shall also notify the
secretary of the appraisal district board of directors of the
outcome of the recall election.
(d) If a vacancy occurs on the board of directors after the
recall of a member of the board under this section, the taxing units
that were entitled to vote in the recall election shall appoint a
new board member to the vacancy. Each taxing unit is entitled to
the same number of votes as it originally cast to appoint the
recalled board member. Each taxing unit entitled to vote may
nominate one candidate by resolution adopted by its governing body.
The presiding officer of the governing body of the unit shall submit
the name of the unit's nominee to the chief appraiser on or before
the 30th day after the date it receives notification from the chief
appraiser of the result of the recall election. On or before the
15th day after the last day provided for a nomination to be
submitted, the chief appraiser shall prepare a ballot, listing the
candidates nominated alphabetically according to each candidate's
surname, and shall deliver a copy of the ballot to the presiding
officer of the governing body of each taxing unit that is entitled
to vote. On or before the 15th day after the date on which a taxing
unit's ballot is delivered, the governing body of the taxing unit
shall determine its vote by resolution and submit it to the chief
appraiser. On or before the 15th day after the last day on which a
taxing unit may vote, the chief appraiser shall count the votes,
declare the candidate who received the largest vote total
appointed, and submit the results to the presiding officer of the
governing body of the appraisal district and of each taxing unit in
the district and to the candidates. The chief appraiser shall
resolve a tie vote by any method of chance.
(e) If the members appointed by the taxing units
participating in the district to the board of directors of an
appraisal district are [is] appointed by a method or procedure
adopted under Section 6.031 [of this code], the governing bodies of
the taxing units that voted for or otherwise participated in the
appointment of a member of the board may recall that member and
appoint a new member to the vacancy by any method adopted by
resolution of a majority of those governing bodies. If the
appointment was by election by the taxing units participating in
the district, the method of recall and of appointing a new member to
the vacancy is not valid unless it provides that each taxing unit is
entitled to the same number of votes in the recall and in the
appointment to fill the vacancy as the unit [it] originally cast for
the member being recalled.
SECTION 5. Section 6.036(a), Tax Code, is amended to read as
follows:
(a) An individual is not eligible to be a candidate for, to
be appointed to, or to serve on the board of directors of an
appraisal district if the individual or a business entity in which
the individual has a substantial interest is a party to a contract
with:
(1) the appraisal district; or
(2) a taxing unit that participates in the appraisal
district, if the contract relates to the performance of an activity
governed by this title.
SECTION 6. Section 6.037, Tax Code, is amended to read as
follows:
Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION
DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a
reference to the taxing units entitled to vote on the appointment of
appraisal district board members includes the conservation and
reclamation districts participating in the appraisal district,
without regard to whether the conservation and reclamation
districts are currently entitled to do so under Section 6.03(c). In
a provision of this title other than Section 6.03 or 6.031 that
grants authority to a majority or other number of the taxing units
entitled to vote on the appointment of appraisal district
directors, including the disapproval of the appraisal district
budget under Section 6.06 [and the disapproval of appraisal
district board actions under Section 6.10], the conservation and
reclamation districts participating in the appraisal district are
given the vote or authority of one taxing unit. That vote or
authority is considered exercised only if a majority of the
conservation and reclamation districts take the same action to
exercise that vote or authority. Otherwise, the conservation and
reclamation districts are treated in the same manner as a single
taxing unit that is entitled to act but does not take any action on
the matter.
SECTION 7. Section 52.092, Election Code, is amended by
adding Subsection (k) to read as follows:
(k) The secretary of state shall prescribe procedures for
listing the office of appraisal district director on the ballot.
SECTION 8. Sections 6.034 and 6.10, Tax Code, are repealed.
SECTION 9. (a) The appropriate number of appraisal
district directors holding elective positions shall be elected in
each appraisal district as provided by Section 6.03, Tax Code, as
amended by this Act, and Section 6.032, Tax Code, as added by this
Act, beginning with the general election for state and county
officers conducted in 2012. Members then elected take office
January 1, 2013.
(b) The change in law made by this Act does not affect the
selection of appraisal district directors serving before January 1,
2013.
(c) A director of an appraisal district that has adopted
staggered terms for directors under Section 6.034, Tax Code, who is
appointed to a term that begins on January 1, 2013, serves a
one-year term.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2013.
(b) This section and Sections 7 and 9 of this Act take effect
September 1, 2011.