84R21162 KJE-F
By: Krause H.B. No. 648
Substitute the following for H.B. No. 648:
By: Larson C.S.H.B. No. 648
A BILL TO BE ENTITLED
AN ACT
relating to the selection of directors to the board of directors for
the Viridian Municipal Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3861.051, Special District Local Laws
Code, is amended to read as follows:
Sec. 3861.051. GOVERNING BODY; TERMS. (a) Except as
provided by Section 3861.0521, the [The] district is governed by a
board of five directors as follows:
(1) three directors appointed by the mayor and the
governing body of the city as provided by Section 3861.052(a); and
(2) two directors elected from the district at large
as provided by Section 3861.052(b).
(b) Directors [who] serve staggered terms of four years[,
with two or three directors' terms expiring May 31 of each
even-numbered year].
SECTION 2. Section 3861.052, Special District Local Laws
Code, is amended to read as follows:
Sec. 3861.052. APPOINTMENT OR ELECTION OF DIRECTORS [DATE].
(a) The mayor and members of the governing body of the city shall
appoint three of the directors from persons recommended by the
board. A person is appointed if a majority of members and the mayor
vote to appoint that person.
(b) The board shall hold an election to elect one director
[elections for directors] on the uniform election date in May in
each even-numbered year [years].
SECTION 3. Subchapter B, Chapter 3861, Special District
Local Laws Code, is amended by adding Section 3861.0521 to read as
follows:
Sec. 3861.0521. REQUIREMENT TO ELECT ALL DIRECTORS. (a)
Not later than January 1 of each year, the board shall conduct a
review to determine what percentage of the developable acreage in
the district has been developed. The board by rule shall establish
criteria for determining whether certain acreage is developable.
(b) If the board determines on conclusion of a review
conducted under Subsection (a) that at least 90 percent of the
developable acreage in the district has been developed, Section
3861.052 does not apply to the district and all five directors shall
be selected by elections held on the uniform election date in May in
even-numbered years.
(c) If the board makes the determination described by
Subsection (b), a director appointed to the board before the board
makes that determination is entitled to serve the remainder of the
director's unexpired term.
(d) A vacancy on the board that occurs on or after the date
the board makes the determination described by Subsection (b) shall
be filled in the manner prescribed by Section 3861.054(b).
SECTION 4. Section 3861.054, Special District Local Laws
Code, is amended to read as follows:
Sec. 3861.054. VACANCY. (a) If a vacancy occurs in the
office of an appointed director, the mayor and members of the
governing body of the city shall fill the vacancy for the remainder
of the director's unexpired term in the same manner as the original
appointment.
(b) If a vacancy occurs in the office of an elected
director, the [The] remaining directors shall fill the [a] vacancy
[on the board] by appointing a person who meets the qualifications
prescribed by Section 3861.053.
[(b)] If there are fewer than three directors, the mayor and
members of the governing body of the city shall appoint the
necessary number of directors who meet the qualifications
prescribed by Section 3861.053 to fill all board vacancies,
regardless of whether the vacating directors were appointed or
elected.
SECTION 5. Section 3861.203, Special District Local Laws
Code, is amended to read as follows:
Sec. 3861.203. APPOINTMENT [ELECTION] OF DIRECTORS OF NEW
DISTRICTS. (a) Not later than the 90th day after the date of an
election in favor of the division of the district, the mayor and
members of the governing body of the city [board] shall:
(1) appoint [itself as] the board of the original
district as the board of one of the new districts; and
(2) appoint five directors for each of the other new
districts in the manner prescribed by Section 3861.052(a).
(b) Directors appointed under Subsection (a)(1) serve the
remainder of the [staggered] terms to which they were appointed or
elected in the original district. Notwithstanding Section
3861.053, a director appointed under Subsection (a)(1) is eligible
to serve only if the director owns land inside the area described by
the boundaries of the original district. Directors appointed under
Subsection (a)(2) serve until May 31 of the first even-numbered
year after the year in which the directors are appointed [the
election for directors under Subsection (c)].
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, the appointed board shall hold an election to elect two
[five] directors and the mayor and members of the governing body of
the city shall appoint three directors in the manner prescribed by
Section 3861.052(a) in each district for which directors were
appointed under Subsection (a)(2).
(d) Section 3861.0521 applies to a new district in the same
manner as that section applies to the original district. [The
directors shall draw lots to determine which two shall serve until
the next regularly scheduled election of directors and which three
shall serve until the second regularly scheduled election of
directors.]
SECTION 6. (a) A member of a board of directors who was
elected under Section 3861.052 or 3861.203, Special District Local
Laws Code, or appointed to fill a vacancy under Section 3861.054,
Special District Local Laws Code, before the effective date of this
Act shall continue to serve until the expiration of the member's
term. As members' terms expire, the mayor and members of the
governing body of the city shall fill an appropriate number of the
vacancies by appointment so that the board consists of three
appointed directors and two elected directors as required by
Section 3861.052, Special District Local Laws Code, as amended by
this Act.
(b) The mayor and members of the governing body of the city
may make the appointments permitted by Section 3861.052(a), Special
District Local Laws Code, as amended by this Act, to fill a vacancy
occurring on the board of directors on or after the effective date
of this Act.
SECTION 7. This Act takes effect September 1, 2015.