84R2628 LEH-F
By: Gonzales H.B. No. 2337
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the board of directors of an
appraisal district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 6.03(a), (b), (c), and (l), Tax Code,
are amended to read as follows:
(a) The appraisal district is governed by a board of five
directors. [Five directors are appointed by the taxing units that
participate in the district as provided by this section. If the
county assessor-collector is not appointed to the board, 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).] 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 district and must have resided in the
district for at least two years immediately preceding the date the
individual takes office. An individual who is otherwise eligible
to serve on the board 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
unless the individual is also a member of the governing body or an
elected official of a taxing unit that participates in the
district. The county assessor-collector is not eligible to serve on
the board.
(b) Members of the board of directors [other than a county
assessor-collector serving as a nonvoting director] serve two-year
terms 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] are appointed
by vote of the governing bodies of the incorporated cities and
towns, the school districts, the junior college 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.
(l) If a vacancy occurs 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 elect by majority vote of
its members one of the nominees to fill the vacancy.
SECTION 2. Section 6.034(a), Tax Code, is amended to read as
follows:
(a) The taxing units participating in an appraisal district
may provide that the terms of the [appointed] members of the board
of directors be staggered if the governing bodies of at least
three-fourths of the taxing units that are entitled to vote on the
appointment of board members adopt resolutions providing for the
staggered terms. A change to staggered terms may be adopted only if
the method or procedure for appointing board members is changed
under Section 6.031 [of this code] to eliminate or have the effect
of eliminating cumulative voting for board members as provided by
Section 6.03 [of this code]. A change to staggered terms may be
proposed concurrently with a change that eliminates or has the
effect of eliminating cumulative voting.
SECTION 3. Section 6.15(c), Tax Code, is repealed.
SECTION 4. The changes in law made by this Act do not affect
the eligibility of a county assessor-collector serving as an
appointed member of the board of directors of an appraisal district
immediately before the effective date of this Act to continue to
serve on the board for the remainder of the term to which the member
was appointed.
SECTION 5. This Act takes effect September 1, 2015.