1 | 1 | | 84R2628 LEH-F |
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2 | 2 | | By: Gonzales H.B. No. 2337 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the composition of the board of directors of an |
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8 | 8 | | appraisal district. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 6.03(a), (b), (c), and (l), Tax Code, |
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11 | 11 | | are amended to read as follows: |
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12 | 12 | | (a) The appraisal district is governed by a board of five |
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13 | 13 | | directors. [Five directors are appointed by the taxing units that |
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14 | 14 | | participate in the district as provided by this section. If the |
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15 | 15 | | county assessor-collector is not appointed to the board, the county |
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16 | 16 | | assessor-collector serves as a nonvoting director. The county |
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17 | 17 | | assessor-collector is ineligible to serve if the board enters into |
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18 | 18 | | a contract under Section 6.05(b) or if the commissioners court of |
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19 | 19 | | the county enters into a contract under Section 6.24(b).] To be |
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20 | 20 | | eligible to serve on the board of directors, an individual [other |
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21 | 21 | | than a county assessor-collector serving as a nonvoting director] |
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22 | 22 | | must be a resident of the district and must have resided in the |
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23 | 23 | | district for at least two years immediately preceding the date the |
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24 | 24 | | individual takes office. An individual who is otherwise eligible |
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25 | 25 | | to serve on the board is not ineligible because of membership on the |
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26 | 26 | | governing body of a taxing unit. An employee of a taxing unit that |
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27 | 27 | | participates in the district is not eligible to serve on the board |
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28 | 28 | | unless the individual is also a member of the governing body or an |
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29 | 29 | | elected official of a taxing unit that participates in the |
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30 | 30 | | district. The county assessor-collector is not eligible to serve on |
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31 | 31 | | the board. |
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32 | 32 | | (b) Members of the board of directors [other than a county |
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33 | 33 | | assessor-collector serving as a nonvoting director] serve two-year |
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34 | 34 | | terms beginning on January 1 of even-numbered years. |
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35 | 35 | | (c) Members of the board of directors [other than a county |
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36 | 36 | | assessor-collector serving as a nonvoting director] are appointed |
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37 | 37 | | by vote of the governing bodies of the incorporated cities and |
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38 | 38 | | towns, the school districts, the junior college districts, and, if |
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39 | 39 | | entitled to vote, the conservation and reclamation districts that |
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40 | 40 | | participate in the district and of the county. A governing body |
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41 | 41 | | may cast all its votes for one candidate or distribute them among |
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42 | 42 | | candidates for any number of directorships. Conservation and |
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43 | 43 | | reclamation districts are not entitled to vote unless at least one |
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44 | 44 | | conservation and reclamation district in the district delivers to |
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45 | 45 | | the chief appraiser a written request to nominate and vote on the |
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46 | 46 | | board of directors by June 1 of each odd-numbered year. On receipt |
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47 | 47 | | of a request, the chief appraiser shall certify a list by June 15 of |
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48 | 48 | | all eligible conservation and reclamation districts that are |
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49 | 49 | | imposing taxes and that participate in the district. |
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50 | 50 | | (l) If a vacancy occurs on the board of directors [other |
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51 | 51 | | than a vacancy in the position held by a county assessor-collector |
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52 | 52 | | serving as a nonvoting director], each taxing unit that is entitled |
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53 | 53 | | to vote by this section may nominate by resolution adopted by its |
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54 | 54 | | governing body a candidate to fill the vacancy. The unit shall |
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55 | 55 | | submit the name of its nominee to the chief appraiser within 45 days |
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56 | 56 | | after notification from the board of directors of the existence of |
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57 | 57 | | the vacancy, and the chief appraiser shall prepare and deliver to |
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58 | 58 | | the board of directors within the next five days a list of the |
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59 | 59 | | nominees. The board of directors shall elect by majority vote of |
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60 | 60 | | its members one of the nominees to fill the vacancy. |
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61 | 61 | | SECTION 2. Section 6.034(a), Tax Code, is amended to read as |
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62 | 62 | | follows: |
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63 | 63 | | (a) The taxing units participating in an appraisal district |
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64 | 64 | | may provide that the terms of the [appointed] members of the board |
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65 | 65 | | of directors be staggered if the governing bodies of at least |
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66 | 66 | | three-fourths of the taxing units that are entitled to vote on the |
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67 | 67 | | appointment of board members adopt resolutions providing for the |
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68 | 68 | | staggered terms. A change to staggered terms may be adopted only if |
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69 | 69 | | the method or procedure for appointing board members is changed |
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70 | 70 | | under Section 6.031 [of this code] to eliminate or have the effect |
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71 | 71 | | of eliminating cumulative voting for board members as provided by |
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72 | 72 | | Section 6.03 [of this code]. A change to staggered terms may be |
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73 | 73 | | proposed concurrently with a change that eliminates or has the |
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74 | 74 | | effect of eliminating cumulative voting. |
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75 | 75 | | SECTION 3. Section 6.15(c), Tax Code, is repealed. |
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76 | 76 | | SECTION 4. The changes in law made by this Act do not affect |
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77 | 77 | | the eligibility of a county assessor-collector serving as an |
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78 | 78 | | appointed member of the board of directors of an appraisal district |
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79 | 79 | | immediately before the effective date of this Act to continue to |
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80 | 80 | | serve on the board for the remainder of the term to which the member |
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81 | 81 | | was appointed. |
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82 | 82 | | SECTION 5. This Act takes effect September 1, 2015. |
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