| 1 | 1 | | H.B. No. 1583 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the election of the board of directors of the Terry |
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| 6 | 6 | | Memorial Hospital District. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 1105.051(a), Special District Local Laws |
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| 9 | 9 | | Code, is amended to read as follows: |
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| 10 | 10 | | (a) The district is governed by a board of seven directors |
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| 11 | 11 | | elected from the district at large in the manner provided by Section |
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| 12 | 12 | | 1105.0515. |
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| 13 | 13 | | SECTION 2. Subchapter B, Chapter 1105, Special District |
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| 14 | 14 | | Local Laws Code, is amended by adding Section 1105.0515 to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 1105.0515. ELECTION OF DIRECTORS BY CUMULATIVE VOTING. |
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| 17 | 17 | | (a) All directors shall be elected at large using the cumulative |
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| 18 | 18 | | voting procedure prescribed by this section. |
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| 19 | 19 | | (b) All director positions to be filled at the election |
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| 20 | 20 | | shall be voted on as one race by all qualified voters of the |
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| 21 | 21 | | district. |
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| 22 | 22 | | (c) Each voter is entitled to cast a number of votes equal to |
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| 23 | 23 | | the number of positions to be filled at the election, except that |
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| 24 | 24 | | the total number of votes cast by a voter may not exceed four. A |
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| 25 | 25 | | voter may cast one or more of the specified number of votes for any |
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| 26 | 26 | | one or more candidates in any combination. Only whole votes may be |
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| 27 | 27 | | cast and counted. |
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| 28 | 28 | | (d) If a voter casts more than the number of votes to which |
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| 29 | 29 | | the voter is entitled in the election, none of the voter's votes may |
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| 30 | 30 | | be counted in that election. If a voter casts fewer votes than |
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| 31 | 31 | | entitled, all of the voter's votes are counted in that election. |
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| 32 | 32 | | (e) The candidates who are elected are those, in the number |
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| 33 | 33 | | to be elected, receiving the highest numbers of votes. |
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| 34 | 34 | | (f) The secretary of state shall prescribe any additional |
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| 35 | 35 | | procedures necessary for the orderly and proper administration of |
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| 36 | 36 | | an election held in accordance with this section. |
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| 37 | 37 | | SECTION 3. Section 1105.052, Special District Local Laws |
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| 38 | 38 | | Code, is amended to read as follows: |
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| 39 | 39 | | Sec. 1105.052. NOTICE OF ELECTION. Notice [At least 10 days |
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| 40 | 40 | | before the date] of a directors' election[, notice of the election] |
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| 41 | 41 | | must be published one time in a newspaper of general circulation in |
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| 42 | 42 | | Terry County in accordance with Section 4.003, Election Code. |
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| 43 | 43 | | SECTION 4. Section 1105.053, Special District Local Laws |
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| 44 | 44 | | Code, is amended to read as follows: |
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| 45 | 45 | | Sec. 1105.053. BALLOT APPLICATION [PETITION]. A person who |
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| 46 | 46 | | wants to have the person's name printed on the ballot as a candidate |
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| 47 | 47 | | for director must file an application with the board secretary in |
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| 48 | 48 | | accordance with Chapter 144, Election Code [a petition requesting |
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| 49 | 49 | | that action. The petition must be: |
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| 50 | 50 | | [(1) signed by not fewer than 10 registered voters; |
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| 51 | 51 | | and |
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| 52 | 52 | | [(2) filed by the deadline imposed by Section 144.005, |
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| 53 | 53 | | Election Code]. |
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| 54 | 54 | | SECTION 5. The changes in law made by this Act apply only to |
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| 55 | 55 | | an election ordered on or after the effective date of this Act. |
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| 56 | 56 | | SECTION 6. This Act takes effect September 1, 2023. |
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| 57 | 57 | | ______________________________ ______________________________ |
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| 58 | 58 | | President of the Senate Speaker of the House |
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| 59 | 59 | | I certify that H.B. No. 1583 was passed by the House on May 9, |
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| 60 | 60 | | 2023, by the following vote: Yeas 134, Nays 6, 2 present, not |
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| 61 | 61 | | voting. |
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| 62 | 62 | | ______________________________ |
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| 63 | 63 | | Chief Clerk of the House |
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| 64 | 64 | | I certify that H.B. No. 1583 was passed by the Senate on May |
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| 65 | 65 | | 24, 2023, by the following vote: Yeas 30, Nays 1. |
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| 66 | 66 | | ______________________________ |
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| 67 | 67 | | Secretary of the Senate |
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| 68 | 68 | | APPROVED: _____________________ |
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| 69 | 69 | | Date |
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| 70 | 70 | | _____________________ |
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| 71 | 71 | | Governor |
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