Texas 2013 - 83rd Regular

Texas Senate Bill SB447 Compare Versions

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Old	New	Differences
1	1	83R19884 JXC-F
2	2	By: Fraser S.B. No. 447
3	3	(King of Zavala)
4	4	Substitute the following for S.B. No. 447: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to annual and special meetings of and election procedures
10	10	for members of boards of directors for water supply or sewer service
11	11	corporations.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 67.0052, Water Code, is amended by
14	14	amending Subsections (a) and (b) and adding Subsection (d) to read
15	15	as follows:
16	16	(a) To be listed on the ballot as a candidate for a
17	17	director's position, a person must file an application with the
18	18	corporation that includes:
19	19	(1) the director's position sought, including any
20	20	position number or other distinguishing number;
21	21	(2) if the corporation has 1,500 or more members or
22	22	shareholders, a petition[,] signed by [the lesser of] 20 members or
23	23	shareholders [or five percent of the members or shareholders,]
24	24	requesting that the person's name be placed on the ballot as a
25	25	candidate for that position;
26	26	(3) the person's written consent to serve, if elected;
27	27	(4) biographical information about the person; and
28	28	(5) a statement of the person's qualifications,
29	29	including a statement that the person has the qualifications
30	30	prescribed by Section 67.0051.
31	31	(b) The application must be filed with the corporation not
32	32	later than the 45th day before the date of the annual meeting. The
33	33	corporation shall notify the members or shareholders of the
34	34	application deadline not later than the 30th day before the
35	35	deadline.
36	36	(d) This section applies only to a corporation that provides
37	37	retail water or sewer service.
38	38	SECTION 2. Section 67.0053, Water Code, is amended by
39	39	adding Subsection (c) to read as follows:
40	40	(c) This section:
41	41	(1) applies only to a corporation that provides retail
42	42	water or sewer service; and
43	43	(2) does not apply to an election in relation to a
44	44	candidate for a director's position for which the board has adopted
45	45	a resolution under Section 67.0055.
46	46	SECTION 3. Section 67.0054, Water Code, is amended by
47	47	amending Subsection (c) and adding Subsection (g) to read as
48	48	follows:
49	49	(c) For each director's position, the candidate who
50	50	receives the highest number of votes or who is the subject of a
51	51	resolution described by Section 67.0055 is elected.
52	52	(g) This section applies only to a corporation that provides
53	53	retail water or sewer service.
54	54	SECTION 4. Subchapter A, Chapter 67, Water Code, is amended
55	55	by adding Section 67.0055 to read as follows:
56	56	Sec. 67.0055. ELECTION OF UNOPPOSED CANDIDATE. (a) This
57	57	section applies only to an election for a director's position on a
58	58	board of a corporation that provides retail water or sewer service
59	59	in which a candidate who is to appear on the ballot for the position
60	60	is unopposed.
61	61	(b) The board by resolution may declare a candidate elected
62	62	to a director's position if the board certifies in writing that the
63	63	candidate is unopposed for the position. A copy of the resolution
64	64	shall be posted at the corporation's main office.
65	65	(c) If a declaration is made under Subsection (b), the
66	66	election for that position is not held.
67	67	(d) If the election for the unopposed candidate would have
68	68	been held with an annual meeting of the members or shareholders of
69	69	the corporation, the text of the declaration described by
70	70	Subsection (b) shall be read into the record at the annual meeting.
71	71	(e) The ballots used at a separate election that is held at
72	72	the same time as an election for an unopposed candidate would have
73	73	been held shall include after measures or contested races the
74	74	position and name of a candidate declared elected under this
75	75	section, under the heading "Unopposed Candidates Declared
76	76	Elected."
77	77	(f) A person may not, by intimidation or by means of
78	78	coercion, influence or attempt to influence a person to withdraw as
79	79	a candidate or not to file an application for a place on the ballot
80	80	so that an election may be canceled.
81	81	(g) The board may adopt necessary rules or bylaws to
82	82	implement this section, including rules or bylaws to ensure the
83	83	fairness, integrity, and openness of the process.
84	84	SECTION 5. The heading to Section 67.007, Water Code, is
85	85	amended to read as follows:
86	86	Sec. 67.007. ANNUAL OR SPECIAL MEETING OF RETAIL
87	87	CORPORATION.
88	88	SECTION 6. Section 67.007, Water Code, is amended by adding
89	89	Subsection (e) to read as follows:
90	90	(e) This section applies only to a corporation that provides
91	91	retail water or sewer service.
92	92	SECTION 7. Subchapter A, Chapter 67, Water Code, is amended
93	93	by adding Section 67.0075 to read as follows:
94	94	Sec. 67.0075. ANNUAL OR SPECIAL MEETING OF OTHER
95	95	CORPORATION. A corporation to which Section 67.007 does not apply
96	96	shall comply with the annual meeting and director election
97	97	provisions prescribed by Chapter 22, Business Organizations Code.
98	98	SECTION 8. The change in law made by this Act applies only
99	99	to an annual or special meeting or a director election held on or
100	100	after the 75th day after the effective date of this Act. A meeting
101	101	or an election held before the 75th day after the effective date of
102	102	this Act is governed by the law in effect when the meeting or
103	103	election was held, and that law is continued in effect for that
104	104	purpose.
105	105	SECTION 9. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2013.