Texas 2015 - 84th Regular

Texas Senate Bill SB1536 Compare Versions

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1	1	84R6970 CJC-D
2	2	By: Burton S.B. No. 1536
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the selection of the board of directors of an appraisal
8	8	district; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 6.03, Tax Code, is amended by amending
11	11	Subsections (a), (b), (c), (k), and (l) and adding Subsections
12	12	(a-1), (a-2), and (m) to read as follows:
13	13	(a) The appraisal district is governed by a board of six
14	14	directors. Three directors are elected at the general election for
15	15	state and county officers by the voters of the county in which the
16	16	district is established, and three [Five] directors are appointed
17	17	by the taxing units that participate in the district as provided by
18	18	this section.
19	19	(a-1) If the county assessor-collector is not appointed to
20	20	the board of directors, the county assessor-collector serves as a
21	21	nonvoting director. The county assessor-collector is ineligible to
22	22	serve if the board enters into a contract under Section 6.05(b) or
23	23	if the commissioners court of the county enters into a contract
24	24	under Section 6.24(b).
25	25	(a-2) To be eligible to serve on the board of directors, an
26	26	individual, other than a county assessor-collector serving as a
27	27	nonvoting director, must be a resident of the appraisal district
28	28	and must have resided in the district for at least two years
29	29	immediately preceding the date the individual takes office. To be
30	30	eligible to be elected to the board, an individual must be a
31	31	resident of the county in which the district is established. An
32	32	individual who is otherwise eligible to serve on the board as a
33	33	member appointed by the taxing units participating in the district
34	34	is not ineligible because of membership on the governing body of a
35	35	taxing unit. An employee of a taxing unit that participates in the
36	36	district is not eligible to serve on the board as a member appointed
37	37	by the taxing units participating in the district unless the
38	38	individual is also a member of the governing body or an elected
39	39	official of a taxing unit that participates in the district.
40	40	(b) Members of the board of directors, other than a county
41	41	assessor-collector serving as a nonvoting director, serve two-year
42	42	terms. The terms of directors elected at a general election begin
43	43	on January 1 of odd-numbered years. The terms of directors
44	44	appointed by the taxing units begin [beginning] on January 1 of
45	45	even-numbered years.
46	46	(c) Members of the board of directors, other than a county
47	47	assessor-collector serving as a nonvoting director and other than
48	48	the elected members, are appointed by vote of the governing bodies
49	49	of the incorporated cities and towns, the school districts, the
50	50	junior college districts, and, if entitled to vote, the
51	51	conservation and reclamation districts that participate in the
52	52	district and of the county. A governing body may cast all its votes
53	53	for one candidate or distribute them among candidates for any
54	54	number of directorships. Conservation and reclamation districts
55	55	are not entitled to vote unless at least one conservation and
56	56	reclamation district in the district delivers to the chief
57	57	appraiser a written request to nominate and vote on the board of
58	58	directors by June 1 of each odd-numbered year. On receipt of a
59	59	request, the chief appraiser shall certify a list by June 15 of all
60	60	eligible conservation and reclamation districts that are imposing
61	61	taxes and that participate in the district.
62	62	(k) The governing body of each taxing unit entitled to vote
63	63	shall determine its vote by resolution and submit it to the chief
64	64	appraiser before December 15. The chief appraiser shall count the
65	65	votes, declare the three [five] candidates who receive the largest
66	66	cumulative vote totals appointed [elected], and submit the results
67	67	before December 31 to the governing body of each taxing unit in the
68	68	district and to the candidates. For purposes of determining the
69	69	number of votes received by the candidates, the candidate receiving
70	70	the most votes of the conservation and reclamation districts is
71	71	considered to have received all of the votes cast by conservation
72	72	and reclamation districts and the other candidates are considered
73	73	not to have received any votes of the conservation and reclamation
74	74	districts. The chief appraiser shall resolve a tie vote by any
75	75	method of chance.
76	76	(l) If a vacancy occurs in an appointive position on the
77	77	board of directors, other than a vacancy in the position held by a
78	78	county assessor-collector serving as a nonvoting director, each
79	79	taxing unit that is entitled to vote by this section may nominate by
80	80	resolution adopted by its governing body a candidate to fill the
81	81	vacancy. The unit shall submit the name of its nominee to the chief
82	82	appraiser within 45 days after notification from the board of
83	83	directors of the existence of the vacancy, and the chief appraiser
84	84	shall prepare and deliver to the board of directors within the next
85	85	five days a list of the nominees. The board of directors shall
86	86	appoint [elect] by majority vote of its members one of the nominees
87	87	to fill the vacancy.
88	88	(m) If a vacancy occurs in an elective position on the board
89	89	of directors, the board of directors shall appoint by majority vote
90	90	of its members a person to fill the vacancy. A person appointed to
91	91	fill a vacancy in an elective position must have the qualifications
92	92	required of a director elected at a general election.
93	93	SECTION 2. Section 6.031, Tax Code, is amended to read as
94	94	follows:
95	95	Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION].
96	96	(a) The board of directors of an appraisal district, by resolution
97	97	adopted and delivered to each taxing unit participating in the
98	98	district before May [August] 15, may increase the number of members
99	99	on the board of directors of the district to an even number that is
100	100	not more than 14 or [13 ,] change the method or procedure for
101	101	appointing the members appointed by the taxing units participating
102	102	in the district, or both, unless the governing body of a taxing unit
103	103	that is entitled to vote on the appointment of board members adopts
104	104	a resolution opposing the change in the method or procedure for
105	105	appointing those members[,] and files it with the board of
106	106	directors before June [September] 1. If a change in the method or
107	107	procedure for appointing those members is rejected, the board shall
108	108	notify, in writing, each taxing unit participating in the district
109	109	before June [September] 15.
110	110	(b) The taxing units participating in an appraisal district
111	111	may increase the number of members on the board of directors of the
112	112	district to an even number that is not more than 14 or [13 ,] change
113	113	the method or procedure for appointing the members appointed by the
114	114	taxing units participating in the district, or both, if the
115	115	governing bodies of three-fourths of the taxing units that are
116	116	entitled to vote on the appointment of board members adopt
117	117	resolutions providing for the change. However, a change under this
118	118	subsection in the method or procedure for selecting members
119	119	appointed by the taxing units participating in the district is not
120	120	valid if it reduces the voting entitlement of one or more taxing
121	121	units that do not adopt a resolution proposing it to less than a
122	122	majority of the voting entitlement under Section 6.03 [of this
123	123	code] or if it reduces the voting entitlement of any taxing unit
124	124	that does not adopt a resolution proposing it to less than 50
125	125	percent of its voting entitlement under Section 6.03 [of this code]
126	126	and if that taxing unit's allocation of the budget is not reduced to
127	127	the same proportional percentage amount, or if it expands the types
128	128	of taxing units that are entitled to vote on appointment of board
129	129	members.
130	130	(b-1) If an appraisal district increases the number of
131	131	members on the board of directors of the district or changes the
132	132	method or procedure for appointing the members appointed by the
133	133	taxing units participating in the district as provided by this
134	134	section, the board of directors by resolution shall provide for the
135	135	junior college districts that participate in the appraisal district
136	136	to collectively participate in the selection of those directors in
137	137	the same manner as the school district that imposes the lowest total
138	138	dollar amount of property taxes in the appraisal district among all
139	139	of the school districts with representation in the appraisal
140	140	district. A resolution adopted under this section is not subject
141	141	to rejection by a resolution opposing the change filed with the
142	142	board of directors by a taxing unit under Subsection (a).
143	143	(c) An official copy of a resolution under Subsection (b)
144	144	[this section] must be filed with the chief appraiser of the
145	145	appraisal district after May [June] 30 and before August [October]
146	146	1 [of a year in which board members are appointed] or the resolution
147	147	is ineffective.
148	148	(d) Before August 15 [October 5 of each year in which board
149	149	members are appointed], the chief appraiser shall determine whether
150	150	a sufficient number of eligible taxing units have filed valid
151	151	resolutions proposing a change under Subsection (b) for the change
152	152	to take effect. The chief appraiser shall notify each taxing unit
153	153	participating in the district of each change that is adopted before
154	154	August 30 [October 10]. A change in the method or procedure for
155	155	selecting members appointed by the taxing units participating in
156	156	the district that is adopted takes effect on the date the chief
157	157	appraiser notifies the taxing units of the change. An increase in
158	158	the number of members of the board takes effect on January 1 of the
159	159	first year after the date the chief appraiser notifies the taxing
160	160	units of the increase.
161	161	(e) If the number of members of the board is increased under
162	162	this section, one-half of the total number of positions on the board
163	163	must be elective positions filled in the manner provided by Section
164	164	6.03.
165	165	(f) A change in [membership or] selection of the board
166	166	members appointed by the taxing units participating in the district
167	167	made as provided by this section remains in effect until changed in
168	168	a manner provided by this section or rescinded by resolution of a
169	169	majority of the governing bodies that are entitled to vote on
170	170	appointment of board members under Section 6.03 [of this code].
171	171	(g) [(f)] A provision of Section 6.03 [of this code] that is
172	172	subject to change under this section but is not expressly changed by
173	173	resolution of a sufficient number of eligible taxing units remains
174	174	in effect.
175	175	(h) [(g)] For purposes of this section, the conservation
176	176	and reclamation districts in an appraisal district are considered
177	177	to be entitled to vote on the appointment of appraisal district
178	178	directors if:
179	179	(1) a conservation and reclamation district has filed
180	180	a request to the chief appraiser to nominate and vote on directors
181	181	in the current year as provided by Section 6.03(c); or
182	182	(2) conservation and reclamation districts were
183	183	entitled to vote on the appointment of directors in the appraisal
184	184	district in the most recent year in which directors were appointed
185	185	under Section 6.03.
186	186	SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by
187	187	adding Section 6.032 to read as follows:
188	188	Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING
189	189	FEE. (a) Except as provided by this section, Chapter 144, Election
190	190	Code, applies to a candidate for an elective position on an
191	191	appraisal district board of directors.
192	192	(b) An application for a place on the ballot must be filed
193	193	with the county judge of the county in which the appraisal district
194	194	is established and be accompanied by either a filing fee of $200 or
195	195	a petition that contains at least 25 signatures of registered
196	196	voters of the county.
197	197	(c) A candidate's name may appear on the ballot only as an
198	198	independent candidate.
199	199	(d) A filing fee received under this section shall be
200	200	deposited in the county treasury to the credit of the county general
201	201	fund.
202	202	SECTION 4. Section 6.033, Tax Code, is amended to read as
203	203	follows:
204	204	Sec. 6.033. RECALL OF APPOINTED DIRECTOR. (a) The
205	205	governing body of a taxing unit may call for the recall of a member
206	206	of the board of directors of an appraisal district appointed by the
207	207	taxing units participating in the district under Section 6.03 [of
208	208	this code] for whom the unit cast any of its votes in the
209	209	appointment of the appointive board members. The call must be in
210	210	the form of a resolution, be filed with the chief appraiser of the
211	211	appraisal district, and state that the unit is calling for the
212	212	recall of the member. If a resolution calling for the recall of a
213	213	board member is filed under this subsection, the chief appraiser,
214	214	not later than the 10th day after the date of filing, shall deliver
215	215	a written notice of the filing of the resolution and the date of its
216	216	filing to the presiding officer of the governing body of each taxing
217	217	unit entitled to vote in the appointment of board members.
218	218	(b) On or before the 30th day after the date on which a
219	219	resolution calling for the recall of a member of the board appointed
220	220	by the taxing units participating in the district is filed, the
221	221	governing body of a taxing unit that cast any of its votes in the
222	222	appointment of the board for that member may vote to recall the
223	223	member by resolution submitted to the chief appraiser. Each taxing
224	224	unit is entitled to the same number of votes in the recall as it cast
225	225	for that member in the member's appointment to [of] the board. The
226	226	governing body of the taxing unit calling for the recall may cast
227	227	its votes in favor of the recall in the same resolution in which it
228	228	called for the recall.
229	229	(c) Not later than the 10th day after the last day provided
230	230	by this section for voting in favor of the recall, the chief
231	231	appraiser shall count the votes cast in favor of the recall. If the
232	232	number of votes in favor of the recall equals or exceeds a majority
233	233	of the votes cast for the member in the member's appointment to [of]
234	234	the board, the member is recalled and ceases to be a member of the
235	235	board. The chief appraiser shall immediately notify in writing the
236	236	presiding officer of the appraisal district board of directors and
237	237	of the governing body of each taxing unit that voted in the recall
238	238	election of the outcome of the recall election. If the presiding
239	239	officer of the appraisal district board of directors is the member
240	240	whose recall was voted on, the chief appraiser shall also notify the
241	241	secretary of the appraisal district board of directors of the
242	242	outcome of the recall election.
243	243	(d) If a vacancy occurs on the board of directors after the
244	244	recall of a member of the board under this section, the taxing units
245	245	that were entitled to vote in the recall election shall appoint a
246	246	new board member to the vacancy. Each taxing unit is entitled to
247	247	the same number of votes as it originally cast to appoint the
248	248	recalled board member. Each taxing unit entitled to vote may
249	249	nominate one candidate by resolution adopted by its governing body.
250	250	The presiding officer of the governing body of the unit shall submit
251	251	the name of the unit's nominee to the chief appraiser on or before
252	252	the 30th day after the date it receives notification from the chief
253	253	appraiser of the result of the recall election. On or before the
254	254	15th day after the last day provided for a nomination to be
255	255	submitted, the chief appraiser shall prepare a ballot, listing the
256	256	candidates nominated alphabetically according to each candidate's
257	257	surname, and shall deliver a copy of the ballot to the presiding
258	258	officer of the governing body of each taxing unit that is entitled
259	259	to vote. On or before the 15th day after the date on which a taxing
260	260	unit's ballot is delivered, the governing body of the taxing unit
261	261	shall determine its vote by resolution and submit it to the chief
262	262	appraiser. On or before the 15th day after the last day on which a
263	263	taxing unit may vote, the chief appraiser shall count the votes,
264	264	declare the candidate who received the largest vote total
265	265	appointed, and submit the results to the presiding officer of the
266	266	governing body of the appraisal district and of each taxing unit in
267	267	the district and to the candidates. The chief appraiser shall
268	268	resolve a tie vote by any method of chance.
269	269	(e) If the members appointed by the taxing units
270	270	participating in the district to the board of directors of an
271	271	appraisal district are [is] appointed by a method or procedure
272	272	adopted under Section 6.031 [of this code], the governing bodies of
273	273	the taxing units that voted for or otherwise participated in the
274	274	appointment of a member of the board may recall that member and
275	275	appoint a new member to the vacancy by any method adopted by
276	276	resolution of a majority of those governing bodies. If the
277	277	appointment was by election by the taxing units participating in
278	278	the district, the method of recall and of appointing a new member to
279	279	the vacancy is not valid unless it provides that each taxing unit is
280	280	entitled to the same number of votes in the recall and in the
281	281	appointment to fill the vacancy as the unit [it] originally cast for
282	282	the member being recalled.
283	283	SECTION 5. Section 6.036(a), Tax Code, is amended to read as
284	284	follows:
285	285	(a) An individual is not eligible to be a candidate for, to
286	286	be appointed to, or to serve on the board of directors of an
287	287	appraisal district if the individual or a business entity in which
288	288	the individual has a substantial interest is a party to a contract
289	289	with:
290	290	(1) the appraisal district; or
291	291	(2) a taxing unit that participates in the appraisal
292	292	district, if the contract relates to the performance of an activity
293	293	governed by this title.
294	294	SECTION 6. Section 6.037, Tax Code, is amended to read as
295	295	follows:
296	296	Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION
297	297	DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a
298	298	reference to the taxing units entitled to vote on the appointment of
299	299	appraisal district board members includes the conservation and
300	300	reclamation districts participating in the appraisal district,
301	301	without regard to whether the conservation and reclamation
302	302	districts are currently entitled to do so under Section 6.03(c). In
303	303	a provision of this title other than Section 6.03 or 6.031 that
304	304	grants authority to a majority or other number of the taxing units
305	305	entitled to vote on the appointment of appraisal district
306	306	directors, including the disapproval of the appraisal district
307	307	budget under Section 6.06 [and the disapproval of appraisal
308	308	district board actions under Section 6.10], the conservation and
309	309	reclamation districts participating in the appraisal district are
310	310	given the vote or authority of one taxing unit. That vote or
311	311	authority is considered exercised only if a majority of the
312	312	conservation and reclamation districts take the same action to
313	313	exercise that vote or authority. Otherwise, the conservation and
314	314	reclamation districts are treated in the same manner as a single
315	315	taxing unit that is entitled to act but does not take any action on
316	316	the matter.
317	317	SECTION 7. Section 52.092, Election Code, is amended by
318	318	adding Subsection (k) to read as follows:
319	319	(k) The secretary of state shall prescribe procedures for
320	320	listing the office of appraisal district director on the ballot.
321	321	SECTION 8. Sections 6.034 and 6.10, Tax Code, are repealed.
322	322	SECTION 9. (a) The appropriate number of appraisal
323	323	district directors holding elective positions shall be elected in
324	324	each appraisal district as provided by Section 6.03, Tax Code, as
325	325	amended by this Act, and Section 6.032, Tax Code, as added by this
326	326	Act, beginning with the general election for state and county
327	327	officers conducted in 2016. Members then elected take office
328	328	January 1, 2017.
329	329	(b) The change in law made by this Act does not affect the
330	330	selection of appraisal district directors serving before January 1,
331	331	2017.
332	332	(c) The term of an appraisal district director serving on
333	333	December 1, 2016, expires on January 1, 2017. Notwithstanding
334	334	Section 6.03(b), Tax Code, as amended by this Act, the taxing units
335	335	participating in the appraisal district shall appoint the
336	336	appropriate number of appraisal district directors to serve a
337	337	one-year term beginning January 1, 2017. Thereafter, directors
338	338	serving in appointive positions on the board serve two-year terms
339	339	beginning January 1 of each even-numbered year.
340	340	SECTION 10. (a) Except as provided by Subsection (b) of
341	341	this section, this Act takes effect January 1, 2017.
342	342	(b) This section and Sections 7 and 9 of this Act take effect
343	343	September 1, 2015.