88R9169 LRM-F
By: Hefner H.B. No. 2914
A BILL TO BE ENTITLED
AN ACT
relating to the term of office for a director of the Northeast Texas
Municipal Water District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(a), Chapter 78, Acts of the 53rd
Legislature, Regular Session, 1953, is amended to read as follows:
(a) All powers of the District shall be exercised by a Board
of Directors. Such directors shall be appointed by a majority vote
of [for] the governing body of each of the cities contained in the
District. [In appointing the first directors for a city containing
5,000 population or more according to the most recent Federal
Census, the governing body of such city shall appoint one director
who shall serve to and including May 31, 1954, and one who shall
serve to and including May 31, 1955.] In [May, 1954, and in] May of
each even-numbered year [thereafter], the governing bodies [body]
of Avinger, Hughes Springs, Jefferson, and Ore City each [such
city] shall appoint one director for a [the] two year term beginning
on June 1 [1st] of that year. In May of each odd-numbered year, the
governing bodies of Daingerfield, Lone Star, and Pittsburg each
shall appoint one director for a two year term beginning on June 1
of that year. [In appointing the first director for a city of less
than 5,000 population according to the most recent Federal Census,
the governing body of such city shall appoint one director who shall
serve to and including May 31, 1954. In May, 1954, and in May of
each even year thereafter, the governing body shall appoint one
director for the two year term beginning on June 1st of that year.]
Each director shall serve for the director's [his] term of office as
herein provided, and thereafter until the director's [his]
successor shall be appointed and qualified. No person shall be
appointed a director unless the person [he] resides in and owns
taxable property in the city from which the person [he] is
appointed. No member of a governing body of a city[,] and no
employee of a city shall be appointed as director. Such directors
shall subscribe the constitutional oath of office, and each shall
give bond for the faithful performance of the director's [his]
duties in the amount of Five Thousand ($5,000.00) Dollars, the cost
of which shall be paid by the District. A majority shall constitute
a quorum.
SECTION 2. Section 6, Chapter 78, Acts of the 53rd
Legislature, Regular Session, 1953, is amended to read as follows:
Sec. 6. When [any city,] the territory of a city [which] is
[hereafter] annexed to the District, [contains 5,000 inhabitants or
more according to the most recent Federal Census, the governing
body of the city shall appoint one director for the term ending the
following May 31st, and one director for the term ending one year
after the following May 31st, and in May of each year shall appoint
one director for a two year term the same as provided in this Act for
cities originally included in the District. If such city contains
less than 5,000 inhabitants according to the most recent Federal
Census,] the governing body of the city shall appoint one director
whose term shall expire the following May 31 [31st], and in May of
each second year thereafter shall appoint one director for a two
year term beginning on June 1 of that year and expiring on May 31 two
years later. [Whenever such city may later attain a population of
5,000 or more according to the Federal Census, it shall thereafter
be entitled to two directors to be appointed as herein provided.]
SECTION 3. (a) A person who is appointed by the governing
bodies of the cities of Avinger, Hughes Springs, Jefferson, or Ore
City and is serving as a director of the Northeast Texas Municipal
Water District on the effective date of this Act shall continue to
serve as a director for a term of office that expires May 31, 2024.
(b) As soon as practicable after the effective date of this
Act, the governing bodies of the cities of Daingerfield, Lone Star,
and Pittsburg shall each appoint a person to serve as a director of
the Northeast Texas Municipal Water District for a term of office
that begins June 1, 2023, and expires May 31, 2025.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. 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, 2023.