88R16338 LRM-D
By: Kitzman H.B. No. 4943
A BILL TO BE ENTITLED
AN ACT
relating to the election of directors in certain special utility
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 65, Water Code, is amended
by adding Section 65.104 to read as follows:
Sec. 65.104. OPTION TO IMPLEMENT SINGLE-MEMBER DISTRICTS.
(a) The board of a district, on its own motion, may order that
directors of the district are to be elected from single-member
districts.
(b) Before adopting an order under Subsection (a), the board
must:
(1) hold a public hearing at which registered voters
of the district are given an opportunity to comment on whether or
not they favor the election of directors in the manner proposed by
the board; and
(2) publish notice of the hearing in a newspaper that
has general circulation in the district, not later than the seventh
day before the date of the hearing.
(c) An order of the board adopted under Subsection (a) must
be entered not later than the 120th day before the date of the first
election at which the directors are elected from single-member
districts authorized by the order.
(d) If single-member districts are adopted as provided by
this section, the board shall divide the district into the
appropriate number of districts, based on the number of members of
the board that are to be elected from single-member districts, and
shall number each district. The districts must be compact and
contiguous and must be as nearly as practicable of equal
population. The districts must be drawn not later than the 90th day
before the date of the first election of directors from those
districts.
(e) Residents of each district are entitled to elect one
director to the board. Except as provided by Subsection (f), a
candidate who seeks to represent a single-member district must be a
resident of the district the candidate seeks to represent. A person
appointed to fill a vacancy in a district must be a resident of that
district. A director vacates the office if the director fails to
establish residency in the district the director represents within
the time provided by Subsection (f) or ceases to reside in the
district the director represents.
(f) At the first election at which the directors are elected
in a manner authorized by this section, a director elected to
represent the district must be a resident of the district the
director represents not later than:
(1) the 90th day after the date election returns are
canvassed; or
(2) the 60th day after the date of a final judgment in
an election contest filed concerning that district.
(g) At the first election at which the directors are elected
in a manner authorized by this section and after each
redistricting, all positions on the board shall be filled. The
directors then elected shall draw lots for staggered terms as
provided by a policy of the board.
(h) Not later than the 90th day before the date of the first
general election at which directors may officially recognize and
act on the last preceding federal census, the board shall redivide
the district into the appropriate number of districts if the census
data indicates that the population of the most populous district
exceeds the population of the least populous district by more than
10 percent. Redivision of the district shall be in the manner
provided for division of the district under Subsection (d).
SECTION 2. This Act takes effect September 1, 2023.