Texas 2017 - 85th Regular

Texas House Bill HB3789 Compare Versions

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1-85R17625 GRM-F
21 By: Miller H.B. No. 3789
3- Substitute the following for H.B. No. 3789:
4- By: Larson C.S.H.B. No. 3789
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the appointment and election of levee improvement
10- district directors.
6+ relating to the election of levee improvement district directors.
117 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
128 SECTION 1. Section 57.051, Water Code, is amended to read as
139 follows:
1410 Sec. 57.051. APPOINTMENT OF BOARD OF DIRECTORS. (a) The
1511 commissioners court which creates a levee improvement district
1612 under this chapter, by majority vote, shall appoint three directors
1713 for the district.
18- (b) In a district with a population of 2,000 or more the
19- commissioners court may increase the total number of directors to
20- five. The additional members appointed under this section must be
21- registered voters in the district.
14+ (b) The governing body of a levee improvement district
15+ consisting of three directors appointed by commissioners court may
16+ petition commissioners court to increase the total number of
17+ directors serving on the governing body of the levee improvement
18+ district. Upon receipt of a petition under this subsection,
19+ commissioners court may appoint up to two additional directors to
20+ serve on the governing body of the district.
2221 SECTION 2. Section 57.058, Water Code, is amended to read as
2322 follows:
2423 Sec. 57.058. NUMBER OF ELECTED DIRECTORS; TERMS. In
2524 districts which have elected boards, there shall be five directors
2625 on the board. All five directors [In countywide districts, one
2726 director] shall be elected by the electors of the entire district.
2827 The initial elected directors shall draw lots to determine which
2928 two initial directors serve two-year terms and which three initial
3029 directors serve four-year terms [and one director elected from each
3130 county commissioners precinct by the electors of that precinct. In
3231 other districts, all five directors shall be elected from precincts
3332 within the district to be established by the commissioners court].
3433 SECTION 3. Section 57.060, Water Code, is amended to read as
3534 follows:
3635 Sec. 57.060. PETITION. Before an election is held under
37- Section 57.057, a petition, signed by the greater of at least 10
38- percent of the total number of [100] electors or 100 electors in the
39- district who are qualified to vote, shall be presented to the
40- district requesting that an election be held in the district to
41- determine whether or not directors for the district should be
42- elected [and, if so, to elect directors to serve until the next
43- regular director election. The petition shall include the name of
44- one or more nominees for each director's position]. If the results
45- of an election held under Section 57.057 determine that directors
46- will be elected, the current directors continue to serve until the
47- elected directors qualify to take office.
36+ Section 57.057, a petition, signed by at least 10 percent of the
37+ total number of [100] electors in the district who are qualified to
38+ vote, shall be presented to the district requesting that an
39+ election be held in the district to determine whether or not
40+ directors for the district should be elected [and, if so, to elect
41+ directors to serve until the next regular director election. The
42+ petition shall include the name of one or more nominees for each
43+ director's position].
44+ If the results of an election held under
45+ Section 57.057 determine that directors will be elected, the
46+ current directors continue to serve until the elected directors
47+ qualify to take office.
4848 SECTION 4. The changes in law made by Section 57.058, Water
4949 Code, as amended by this Act, apply only to an election of directors
5050 held on or after the effective date of this Act. An election of
5151 directors held before the effective date of this Act is subject to
5252 the law in effect on the date the election is held, and that law is
5353 continued in effect for that purpose.
5454 SECTION 5. This Act takes effect September 1, 2017.