1 | | - | H.B. No. 2951 |
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| 1 | + | By: Jetton (Senate Sponsor - Kolkhorst) H.B. No. 2951 |
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| 2 | + | (In the Senate - Received from the House May 10, 2021; |
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| 3 | + | May 13, 2021, read first time and referred to Committee on Water, |
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| 4 | + | Agriculture & Rural Affairs; May 19, 2021, reported favorably by |
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| 5 | + | the following vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 10 | | AN ACT |
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5 | 11 | | relating to the appointment and removal of directors of a levee |
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6 | 12 | | improvement district; validating certain appointments and actions |
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7 | 13 | | of certain levee improvement districts. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Section 57.053, Water Code, is amended to read as |
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10 | 16 | | follows: |
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11 | 17 | | Sec. 57.053. VACANCY AND [TERM OF OFFICE,] REMOVAL[, AND |
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12 | 18 | | SUCCESSION]. (a) A vacancy on an appointed [the] board is [shall |
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13 | 19 | | be] filled by the appointment of a director by a majority vote of |
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14 | 20 | | the commissioners court. A director appointed to fill a vacancy |
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15 | 21 | | must be a person qualified for election as a director under Section |
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16 | 22 | | 57.059. The commissioners[, and the] court shall appoint directors |
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17 | 23 | | so that the board will always have full membership. |
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18 | 24 | | (b) The commissioners court, by majority vote, may remove a |
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19 | 25 | | director who was appointed by the commissioners court [an appointed |
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20 | 26 | | member of the board]. |
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21 | 27 | | (c) A vacancy on an elected board is filled in accordance |
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22 | 28 | | with Section 49.105. |
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23 | 29 | | SECTION 2. (a) The changes in law made by this Act apply |
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24 | 30 | | only to the board of directors of a levee improvement district |
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25 | 31 | | governed by Chapter 57, Water Code, in relation to a vacancy on the |
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26 | 32 | | board filled, or the removal of a director, that occurs on or after |
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27 | 33 | | the effective date of this Act. A vacancy filled or removal of a |
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28 | 34 | | director before the effective date of this Act is governed by the |
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29 | 35 | | law in effect on the date the vacancy was filled or the director was |
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30 | 36 | | removed. |
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31 | 37 | | (b) The filling of a vacancy on the board of directors of a |
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32 | 38 | | levee improvement district governed by Chapter 57, Water Code, that |
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33 | 39 | | occurred before the effective date of this Act and that was |
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34 | 40 | | accomplished in accordance with Section 49.105, Water Code, is |
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35 | 41 | | ratified, confirmed, and validated and all governmental acts and |
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36 | 42 | | proceedings of a board of directors affected by the validation that |
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37 | 43 | | occurred before the effective date of this Act are validated for all |
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38 | 44 | | purposes. |
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39 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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40 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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41 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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42 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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43 | 49 | | Act takes effect September 1, 2021. |
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44 | | - | ______________________________ ______________________________ |
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45 | | - | President of the Senate Speaker of the House |
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46 | | - | I certify that H.B. No. 2951 was passed by the House on May 8, |
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47 | | - | 2021, by the following vote: Yeas 133, Nays 6, 2 present, not |
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48 | | - | voting. |
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49 | | - | ______________________________ |
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50 | | - | Chief Clerk of the House |
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51 | | - | I certify that H.B. No. 2951 was passed by the Senate on May |
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52 | | - | 27, 2021, by the following vote: Yeas 31, Nays 0. |
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53 | | - | ______________________________ |
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54 | | - | Secretary of the Senate |
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55 | | - | APPROVED: _____________________ |
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56 | | - | Date |
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57 | | - | _____________________ |
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58 | | - | Governor |
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| 50 | + | * * * * * |
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