H.B. No. 2951
AN ACT
relating to the appointment and removal of directors of a levee
improvement district; validating certain appointments and actions
of certain levee improvement districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.053, Water Code, is amended to read as
follows:
Sec. 57.053. VACANCY AND [TERM OF OFFICE,] REMOVAL[, AND
SUCCESSION]. (a) A vacancy on an appointed [the] board is [shall
be] filled by the appointment of a director by a majority vote of
the commissioners court. A director appointed to fill a vacancy
must be a person qualified for election as a director under Section
57.059. The commissioners[, and the] court shall appoint directors
so that the board will always have full membership.
(b) The commissioners court, by majority vote, may remove a
director who was appointed by the commissioners court [an appointed
member of the board].
(c) A vacancy on an elected board is filled in accordance
with Section 49.105.
SECTION 2. (a) The changes in law made by this Act apply
only to the board of directors of a levee improvement district
governed by Chapter 57, Water Code, in relation to a vacancy on the
board filled, or the removal of a director, that occurs on or after
the effective date of this Act. A vacancy filled or removal of a
director before the effective date of this Act is governed by the
law in effect on the date the vacancy was filled or the director was
removed.
(b) The filling of a vacancy on the board of directors of a
levee improvement district governed by Chapter 57, Water Code, that
occurred before the effective date of this Act and that was
accomplished in accordance with Section 49.105, Water Code, is
ratified, confirmed, and validated and all governmental acts and
proceedings of a board of directors affected by the validation that
occurred before the effective date of this Act are validated for all
purposes.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2951 was passed by the House on May 8,
2021, by the following vote: Yeas 133, Nays 6, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2951 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor