88R22761 LRM-F
By: Hefner H.B. No. 2914
Substitute the following for H.B. No. 2914:
By: King of Uvalde C.S.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, Chapter 78, Acts of the 53rd
Legislature, Regular Session, 1953, is amended by amending
Subsection (a) and adding Subsection (a-1) 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. A governing body of a
city may not appoint a [No] person to the position of [shall be
appointed] a director unless the person [he] resides in and owns
taxable property in the city [from which he is appointed]. A
governing body of a city may not appoint a [No] member of a
governing body of a city or an [, 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.
(a-1) If the population of a city described by Subsection
(a) of this section is 5,000 or more, the governing body of the city
is entitled to appoint a second director to serve a term that ends
on May 31 of the year following the expiration of the term of the
serving director appointed by the governing body of that city under
Subsection (a) of this section and every second year thereafter. If
the population of the city described by Subsection (a) of this
section is less than 5,000 and the governing body of the city has
two director positions by an earlier application of this
subsection, the governing body of the city is entitled to appoint
only one director and the director position for the city that
expires on the first May 31 following the most recent federal
decennial census that shows a population less than 5,000 is
eliminated effective on that date.
SECTION 2. Section 6, Chapter 78, Acts of the 53rd
Legislature, Regular Session, 1953, is amended to read as follows:
Sec. 6. (a) This section applies only to the annexation of a
city by the District other than the cities described by Section 3 of
this Act.
(b) When [any city,] the territory of a city with a
population of 5,000 [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 31 [31st], and one
director for the term ending one year after the following May 31
[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 described by
Section 3(a-1) of this Act [originally included in the District].
If the population of the annexed city at a later date is less than
5,000, the governing body of the city is entitled to appoint only
one director and the director position for that city that expires on
the first May 31 following the most recent federal decennial census
that shows a population less than 5,000 is eliminated effective on
that date.
(c) When the territory of a city with a population of less
than 5,000 is annexed to 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], the governing body
of the city is [it shall thereafter be] entitled to appoint two
directors in the manner [to be appointed as herein] provided by
Section 3(a-1) of this Act.
(d) A person appointed as a director under this section must
meet the qualifications for office provided by Section 3(a) of this
Act.
SECTION 3. (a) A person who is appointed by the governing
body of the city 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 may 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.