Texas 2015 - 84th Regular

Texas House Bill HB648 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Krause (Senate Sponsor - Hancock) H.B. No. 648
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 12, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 18, 2015, reported favorably by
5		-	the following vote: Yeas 5, Nays 0; May 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 648
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the selection of directors to the board of directors for
12	6		the Viridian Municipal Management District.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 3861.051, Special District Local Laws
15	9		Code, is amended to read as follows:
16	10		Sec. 3861.051. GOVERNING BODY; TERMS. (a) Except as
17	11		provided by Section 3861.0521, the [The] district is governed by a
18	12		board of five directors as follows:
19	13		(1) three directors appointed by the mayor and the
20	14		governing body of the city as provided by Section 3861.052(a); and
21	15		(2) two directors elected from the district at large
22	16		as provided by Section 3861.052(b).
23	17		(b) Directors [who] serve staggered terms of four years[,
24	18		with two or three directors' terms expiring May 31 of each
25	19		even-numbered year].
26	20		SECTION 2. Section 3861.052, Special District Local Laws
27	21		Code, is amended to read as follows:
28	22		Sec. 3861.052. APPOINTMENT OR ELECTION OF DIRECTORS [DATE].
29	23		(a) The mayor and members of the governing body of the city shall
30	24		appoint three of the directors from persons recommended by the
31	25		board. A person is appointed if a majority of members and the mayor
32	26		vote to appoint that person.
33	27		(b) The board shall hold an election to elect one director
34	28		[elections for directors] on the uniform election date in May in
35	29		each even-numbered year [years].
36	30		SECTION 3. Subchapter B, Chapter 3861, Special District
37	31		Local Laws Code, is amended by adding Section 3861.0521 to read as
38	32		follows:
39	33		Sec. 3861.0521. REQUIREMENT TO ELECT ALL DIRECTORS. (a)
40	34		Not later than January 1 of each year, the board shall conduct a
41	35		review to determine what percentage of the developable acreage in
42	36		the district has been developed. The board by rule shall establish
43	37		criteria for determining whether certain acreage is developable.
44	38		(b) If the board determines on conclusion of a review
45	39		conducted under Subsection (a) that at least 90 percent of the
46	40		developable acreage in the district has been developed, Section
47	41		3861.052 does not apply to the district and all five directors shall
48	42		be selected by elections held on the uniform election date in May in
49	43		even-numbered years.
50	44		(c) If the board makes the determination described by
51	45		Subsection (b), a director appointed to the board before the board
52	46		makes that determination is entitled to serve the remainder of the
53	47		director's unexpired term.
54	48		(d) A vacancy on the board that occurs on or after the date
55	49		the board makes the determination described by Subsection (b) shall
56	50		be filled in the manner prescribed by Section 3861.054(b).
57	51		SECTION 4. Section 3861.054, Special District Local Laws
58	52		Code, is amended to read as follows:
59	53		Sec. 3861.054. VACANCY. (a) If a vacancy occurs in the
60	54		office of an appointed director, the mayor and members of the
61	55		governing body of the city shall fill the vacancy for the remainder
62	56		of the director's unexpired term in the same manner as the original
63	57		appointment.
64	58		(b) If a vacancy occurs in the office of an elected
65	59		director, the [The] remaining directors shall fill the [a] vacancy
66	60		[on the board] by appointing a person who meets the qualifications
67	61		prescribed by Section 3861.053.
68	62		[(b)] If there are fewer than three directors, the mayor and
69	63		members of the governing body of the city shall appoint the
70	64		necessary number of directors who meet the qualifications
71	65		prescribed by Section 3861.053 to fill all board vacancies,
72	66		regardless of whether the vacating directors were appointed or
73	67		elected.
74	68		SECTION 5. Section 3861.203, Special District Local Laws
75	69		Code, is amended to read as follows:
76	70		Sec. 3861.203. APPOINTMENT [ELECTION] OF DIRECTORS OF NEW
77	71		DISTRICTS. (a) Not later than the 90th day after the date of an
78	72		election in favor of the division of the district, the mayor and
79	73		members of the governing body of the city [board] shall:
80	74		(1) appoint [itself as] the board of the original
81	75		district as the board of one of the new districts; and
82	76		(2) appoint five directors for each of the other new
83	77		districts in the manner prescribed by Section 3861.052(a).
84	78		(b) Directors appointed under Subsection (a)(1) serve the
85	79		remainder of the [staggered] terms to which they were appointed or
86	80		elected in the original district. Notwithstanding Section
87	81		3861.053, a director appointed under Subsection (a)(1) is eligible
88	82		to serve only if the director owns land inside the area described by
89	83		the boundaries of the original district. Directors appointed under
90	84		Subsection (a)(2) serve until May 31 of the first even-numbered
91	85		year after the year in which the directors are appointed [the
92	86		election for directors under Subsection (c)].
93	87		(c) On the uniform election date in May of the first
94	88		even-numbered year after the year in which the directors are
95	89		appointed, the appointed board shall hold an election to elect two
96	90		[five] directors and the mayor and members of the governing body of
97	91		the city shall appoint three directors in the manner prescribed by
98	92		Section 3861.052(a) in each district for which directors were
99	93		appointed under Subsection (a)(2).
100	94		(d) Section 3861.0521 applies to a new district in the same
101	95		manner as that section applies to the original district. [The
102	96		directors shall draw lots to determine which two shall serve until
103	97		the next regularly scheduled election of directors and which three
104	98		shall serve until the second regularly scheduled election of
105	99		directors.]
106	100		SECTION 6. (a) A member of a board of directors who was
107	101		elected under Section 3861.052 or 3861.203, Special District Local
108	102		Laws Code, or appointed to fill a vacancy under Section 3861.054,
109	103		Special District Local Laws Code, before the effective date of this
110	104		Act shall continue to serve until the expiration of the member's
111	105		term. As members' terms expire, the mayor and members of the
112	106		governing body of the city shall fill an appropriate number of the
113	107		vacancies by appointment so that the board consists of three
114	108		appointed directors and two elected directors as required by
115	109		Section 3861.052, Special District Local Laws Code, as amended by
116	110		this Act.
117	111		(b) The mayor and members of the governing body of the city
118	112		may make the appointments permitted by Section 3861.052(a), Special
119	113		District Local Laws Code, as amended by this Act, to fill a vacancy
120	114		occurring on the board of directors on or after the effective date
121	115		of this Act.
122	116		SECTION 7. This Act takes effect September 1, 2015.
123		-	* * * * *
	117	+	______________________________ ______________________________
	118	+	President of the Senate Speaker of the House
	119	+	I certify that H.B. No. 648 was passed by the House on May 8,
	120	+	2015, by the following vote: Yeas 142, Nays 0, 2 present, not
	121	+	voting.
	122	+	______________________________
	123	+	Chief Clerk of the House
	124	+	I certify that H.B. No. 648 was passed by the Senate on May
	125	+	22, 2015, by the following vote: Yeas 30, Nays 0, 1 present, not
	126	+	voting.
	127	+	______________________________
	128	+	Secretary of the Senate
	129	+	APPROVED: _____________________
	130	+	Date
	131	+	_____________________
	132	+	Governor