By: Miller H.B. No. 3789
A BILL TO BE ENTITLED
AN ACT
relating to the election of levee improvement district directors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.051, Water Code, is amended to read as
follows:
Sec. 57.051. APPOINTMENT OF BOARD OF DIRECTORS. (a) The
commissioners court which creates a levee improvement district
under this chapter, by majority vote, shall appoint three directors
for the district.
(b) The governing body of a levee improvement district
consisting of three directors appointed by commissioners court may
petition commissioners court to increase the total number of
directors serving on the governing body of the levee improvement
district. Upon receipt of a petition under this subsection,
commissioners court may appoint up to two additional directors to
serve on the governing body of the district.
SECTION 2. Section 57.058, Water Code, is amended to read as
follows:
Sec. 57.058. NUMBER OF ELECTED DIRECTORS; TERMS. In
districts which have elected boards, there shall be five directors
on the board. All five directors [In countywide districts, one
director] shall be elected by the electors of the entire district.
The initial elected directors shall draw lots to determine which
two initial directors serve two-year terms and which three initial
directors serve four-year terms [and one director elected from each
county commissioners precinct by the electors of that precinct. In
other districts, all five directors shall be elected from precincts
within the district to be established by the commissioners court].
SECTION 3. Section 57.060, Water Code, is amended to read as
follows:
Sec. 57.060. PETITION. Before an election is held under
Section 57.057, a petition, signed by at least 10 percent of the
total number of [100] electors in the district who are qualified to
vote, shall be presented to the district requesting that an
election be held in the district to determine whether or not
directors for the district should be elected [and, if so, to elect
directors to serve until the next regular director election. The
petition shall include the name of one or more nominees for each
director's position].
If the results of an election held under
Section 57.057 determine that directors will be elected, the
current directors continue to serve until the elected directors
qualify to take office.
SECTION 4. The changes in law made by Section 57.058, Water
Code, as amended by this Act, apply only to an election of directors
held on or after the effective date of this Act. An election of
directors held before the effective date of this Act is subject to
the law in effect on the date the election is held, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.