Texas 2023 - 88th Regular

Texas House Bill HB4943 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R16338 LRM-D
2	2	By: Kitzman H.B. No. 4943
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the election of directors in certain special utility
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 65, Water Code, is amended
11	11	by adding Section 65.104 to read as follows:
12	12	Sec. 65.104. OPTION TO IMPLEMENT SINGLE-MEMBER DISTRICTS.
13	13	(a) The board of a district, on its own motion, may order that
14	14	directors of the district are to be elected from single-member
15	15	districts.
16	16	(b) Before adopting an order under Subsection (a), the board
17	17	must:
18	18	(1) hold a public hearing at which registered voters
19	19	of the district are given an opportunity to comment on whether or
20	20	not they favor the election of directors in the manner proposed by
21	21	the board; and
22	22	(2) publish notice of the hearing in a newspaper that
23	23	has general circulation in the district, not later than the seventh
24	24	day before the date of the hearing.
25	25	(c) An order of the board adopted under Subsection (a) must
26	26	be entered not later than the 120th day before the date of the first
27	27	election at which the directors are elected from single-member
28	28	districts authorized by the order.
29	29	(d) If single-member districts are adopted as provided by
30	30	this section, the board shall divide the district into the
31	31	appropriate number of districts, based on the number of members of
32	32	the board that are to be elected from single-member districts, and
33	33	shall number each district. The districts must be compact and
34	34	contiguous and must be as nearly as practicable of equal
35	35	population. The districts must be drawn not later than the 90th day
36	36	before the date of the first election of directors from those
37	37	districts.
38	38	(e) Residents of each district are entitled to elect one
39	39	director to the board. Except as provided by Subsection (f), a
40	40	candidate who seeks to represent a single-member district must be a
41	41	resident of the district the candidate seeks to represent. A person
42	42	appointed to fill a vacancy in a district must be a resident of that
43	43	district. A director vacates the office if the director fails to
44	44	establish residency in the district the director represents within
45	45	the time provided by Subsection (f) or ceases to reside in the
46	46	district the director represents.
47	47	(f) At the first election at which the directors are elected
48	48	in a manner authorized by this section, a director elected to
49	49	represent the district must be a resident of the district the
50	50	director represents not later than:
51	51	(1) the 90th day after the date election returns are
52	52	canvassed; or
53	53	(2) the 60th day after the date of a final judgment in
54	54	an election contest filed concerning that district.
55	55	(g) At the first election at which the directors are elected
56	56	in a manner authorized by this section and after each
57	57	redistricting, all positions on the board shall be filled. The
58	58	directors then elected shall draw lots for staggered terms as
59	59	provided by a policy of the board.
60	60	(h) Not later than the 90th day before the date of the first
61	61	general election at which directors may officially recognize and
62	62	act on the last preceding federal census, the board shall redivide
63	63	the district into the appropriate number of districts if the census
64	64	data indicates that the population of the most populous district
65	65	exceeds the population of the least populous district by more than
66	66	10 percent. Redivision of the district shall be in the manner
67	67	provided for division of the district under Subsection (d).
68	68	SECTION 2. This Act takes effect September 1, 2023.