By: Vasut H.B. No. 5387
A BILL TO BE ENTITLED
AN ACT
relating to the election, terms, and resignation of the board of
commissioners of the Brazoria Drainage District No. 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7(a), Chapter 991, Acts of the 74th
Legislature, Regular Session, 1995, is amended to read as follows:
(a) The district is managed by a board of three
commissioners as provided by Chapter 56, Water Code, and each holds
an elected office designated as Place No. 1, Place No. 2, or Place
No. 3. The board shall call and hold elections for the appropriate
number of commissioners on the uniform election date in May
[November] of each even-numbered year. Notwithstanding Section
56.063, Water Code, the commissioners serve staggered four-year
terms, each beginning June [January] 1 of the year following the
commissioner's election and continuing until the commissioner's
successor in office is elected and has qualified.
SECTION 2. Chapter 991, Acts of the 74th Legislature,
Regular Session, 1995, is amended to add Section 7(a-1) to read as
follows:
(a-1) If a commissioner announces his candidacy, or shall in
fact become a candidate, in any general, special, or primary
election, for any office of profit or trust under the laws of this
State or the United States other than the office of commissioner of
the board of this district, such announcement or candidacy shall
constitute an automatic resignation from office.
SECTION 3. Sections 7(b), (c), (d), (e), and (i), Chapter
991, Acts of the 74th Legislature, Regular Session, 1995, are
repealed.
SECTION 4. (a) The Brazoria Drainage District No. 4 shall
hold the first election to elect commissioners for Place No. 1 and
Place No. 2 as described by Section 7(a), Chapter 991, Acts of the
74th Legislature, Regular Session, 1995, as amended by this Act, on
the uniform election date in May 2024.
(b) The Brazoria Drainage District No. 4 shall hold the
first election to elect the commissioner for Place No. 3 as
described by Section 7(a), Chapter 991, Acts of the 74th
Legislature, Regular Session, 1995, as amended by this Act, on the
uniform election date in May 2026.
(c) The terms of the commissioners currently serving on the
board of commissioners for Place No. 1 and Place No. 2 on the
effective date of this Act expire on the later of January 1, 2025 or
the date the commissioners elected under Subsection (a) of this
section have qualified.
(d) The term of the commissioner currently serving on the
board of commissioners for Place No. 3 on the effective date of this
Act expires on the later of January 1, 2027 or the date the
commissioner elected under Subsection (b) of this section has
qualified.
SECTION 5. (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 6. 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.