Texas 2023 - 88th Regular

Texas Senate Bill SB1056 Compare Versions

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1	1	S.B. No. 1056
2	2
3	3
4	4	AN ACT
5	5	relating to the directors and administration of the Hidalgo County
6	6	Water Improvement District No. 3.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle I, Title 6, Special District Local Laws
9	9	Code, is amended by adding Chapter 9054 to read as follows:
10	10	CHAPTER 9054. HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 9054.0001. DEFINITIONS. In this chapter:
13	13	(1) "Board" means the district's board of directors.
14	14	(2) "Commission" means the Texas Commission on
15	15	Environmental Quality.
16	16	(3) "Director" means a board member.
17	17	(4) "District" means the Hidalgo County Water
18	18	Improvement District No. 3.
19	19	Sec. 9054.0002. NATURE OF DISTRICT. The district is a
20	20	conservation and reclamation district organized to accomplish the
21	21	purposes of Section 59, Article XVI, Texas Constitution, and
22	22	operating as a water control and improvement district in accordance
23	23	with Chapters 49 and 51, Water Code.
24	24	SUBCHAPTER B. ELECTIONS
25	25	Sec. 9054.0101. ELECTIONS. (a) The district shall hold an
26	26	election on the uniform election date in November of each
27	27	even-numbered year to elect the appropriate number of directors.
28	28	(b) The district shall contract with the county elections
29	29	administrator as provided by Subchapter D, Chapter 31, Election
30	30	Code, to perform all duties and functions of the district in
31	31	relation to an election of directors.
32	32	Sec. 9054.0102. ELIGIBILITY TO VOTE. To be eligible to vote
33	33	in an election in the district, a person must be:
34	34	(1) a qualified voter as defined by Section 11.002,
35	35	Election Code, on the day the person offers to vote; and
36	36	(2) a person who resides on land inside the territory
37	37	defined by the boundaries of the district as submitted to the
38	38	commission under Section 49.455(j), Water Code, or commission rule.
39	39	Sec. 9054.0103. PROCEDURES FOR IDENTIFYING VOTERS;
40	40	PROVISIONAL VOTING. (a) The district shall submit to the registrar
41	41	a description or map of the territory defined by the boundaries of
42	42	the district as submitted to the commission under Section
43	43	49.455(j), Water Code, or commission rule, that is in sufficient
44	44	detail to enable the registrar to produce the official list of the
45	45	district's eligible voters.
46	46	(b) The district shall submit the information required
47	47	under this section not later than the 30th day after the date of the
48	48	last day to order a general or special election.
49	49	(c) If county election officials are unable to verify
50	50	whether a voter is eligible under Section 9054.0102, the voter may
51	51	be accepted to vote only provisionally under Section 63.011,
52	52	Election Code.
53	53	Sec. 9054.0104. BOND AND CONTRACT ELECTIONS; NOVEMBER
54	54	DATES. (a) A bond election held by the district must be held in
55	55	accordance with Section 49.106, Water Code, except that the
56	56	district may not hold the election on a date other than the uniform
57	57	election date prescribed by Section 41.001, Election Code, that
58	58	occurs in November of the applicable tax year.
59	59	(b) A contract election held by the district must be held in
60	60	accordance with Section 49.108, Water Code, except that the
61	61	district may not hold the election on a date other than the uniform
62	62	election date prescribed by Section 41.001, Election Code, that
63	63	occurs in November of the applicable tax year.
64	64	Sec. 9054.0105. EXCLUSION OF TERRITORY. (a) This section
65	65	applies to the exclusion of territory by the district under the
66	66	authority of Subchapters J and J-1, Chapter 49, Water Code, and
67	67	Subchapter O, Chapter 51, Water Code.
68	68	(b) The district may exclude territory on the basis that the
69	69	land is in agricultural use only if the land meets the requirements
70	70	for agricultural use under Section 23.51, Tax Code.
71	71	(c) The district may exclude territory on the basis that the
72	72	land is nonirrigated property only if the land meets the
73	73	requirements for nonirrigated property under Section 49.309, Water
74	74	Code.
75	75	(d) The district may exclude territory on the basis of the
76	76	property being urban property only if the property meets the
77	77	requirements of Section 49.3181, Water Code.
78	78	(e) The district may not exclude territory during the period
79	79	of time between the first day that a candidate may file an
80	80	application under Section 141.040, Election Code, and the day of
81	81	the election in which that candidate appears on the ballot.
82	82	SUBCHAPTER C. BOARD OF DIRECTORS
83	83	Sec. 9054.0201. DIRECTORS; TERMS. (a) The district is
84	84	governed by a board of five directors.
85	85	(b) Directors serve staggered terms of four years.
86	86	Sec. 9054.0202. VACANCIES. (a) The district shall fill a
87	87	vacancy on the board in accordance with Sections 49.105(a)-(c),
88	88	Water Code.
89	89	(b) If a position on the board becomes vacant on a date that
90	90	is more than two years before the next scheduled date for an
91	91	election for the office, the board shall:
92	92	(1) appoint a person to fill the vacant office until a
93	93	person elected to that office has qualified; and
94	94	(2) hold an election to elect a member to fill the
95	95	vacant office for the remainder of the unexpired term together with
96	96	the next regularly scheduled election for other directors' offices.
97	97	(c) Section 49.105(d) does not apply to the board.
98	98	Sec. 9054.0203. QUALIFICATIONS FOR DIRECTOR. (a) To be
99	99	qualified to serve as a director, a person:
100	100	(1) must be eligible to hold office under Section
101	101	141.001, Election Code, and Section 9054.0204; and
102	102	(2) must:
103	103	(A) own land subject to taxation in the district;
104	104	(B) be a user of the facilities of the district;
105	105	or
106	106	(C) be a qualified voter of the district under
107	107	Section 9054.0102.
108	108	(b) Section 49.052, Water Code, applies to the district.
109	109	Sec. 9054.0204. DISQUALIFICATION OF DIRECTORS. (a) A
110	110	member of the governing body of another political subdivision is
111	111	disqualified from serving as a director.
112	112	(b) A director is disqualified from serving as a director
113	113	if:
114	114	(1) the director is appointed or elected as a member of
115	115	the governing body of another political subdivision; or
116	116	(2) the board determines a relationship or employment
117	117	exists that constitutes a disqualification under Section
118	118	49.052(a), Water Code.
119	119	(c) A person is disqualified from serving as a director if
120	120	the person or a relative of the person within the third degree by
121	121	consanguinity or affinity, as determined by Chapter 573, Government
122	122	Code:
123	123	(1) received 10 percent or more of gross income for the
124	124	previous year from a business entity or other organization, other
125	125	than a governmental entity, that receives money from the district;
126	126	(2) is employed by or participates in the management
127	127	of a business entity or other organization, other than a
128	128	governmental entity, that receives money from the district;
129	129	(3) directly or indirectly owns or controls more than
130	130	a 10 percent interest in the fair market value of a business or
131	131	other organization that receives money from the district;
132	132	(4) serves as a corporate officer or member of the
133	133	board of directors of a business entity or other organization that
134	134	receives money from the district;
135	135	(5) is a creditor, debtor, or guarantor in an amount of
136	136	$5,000 or more of a person or business entity that receives money
137	137	from the district;
138	138	(6) uses or receives a substantial amount of tangible
139	139	goods, services, or money from the district other than compensation
140	140	or reimbursement authorized by law; or
141	141	(7) is required to register as a lobbyist under
142	142	Chapter 305, Government Code, because of the person's activities
143	143	for compensation on behalf of a profession related to the operation
144	144	of the district.
145	145	SECTION 2. (a) The legal notice of the intention to
146	146	introduce this Act, setting forth the general substance of this
147	147	Act, has been published as provided by law, and the notice and a
148	148	copy of this Act have been furnished to all persons, agencies,
149	149	officials, or entities to which they are required to be furnished
150	150	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
151	151	Government Code.
152	152	(b) The governor, one of the required recipients, has
153	153	submitted the notice and Act to the Texas Commission on
154	154	Environmental Quality.
155	155	(c) The Texas Commission on Environmental Quality has filed
156	156	its recommendations relating to this Act with the governor, the
157	157	lieutenant governor, and the speaker of the house of
158	158	representatives within the required time.
159	159	(d) All requirements of the constitution and laws of this
160	160	state and the rules and procedures of the legislature with respect
161	161	to the notice, introduction, and passage of this Act are fulfilled
162	162	and accomplished.
163	163	SECTION 3. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2023.
168	168	______________________________ ______________________________
169	169	President of the Senate Speaker of the House
170	170	I hereby certify that S.B. No. 1056 passed the Senate on
171	171	April 26, 2023, by the following vote: Yeas 31, Nays 0; and that
172	172	the Senate concurred in House amendment on May 27, 2023, by the
173	173	following vote: Yeas 31, Nays 0.
174	174	______________________________
175	175	Secretary of the Senate
176	176	I hereby certify that S.B. No. 1056 passed the House, with
177	177	amendment, on May 24, 2023, by the following vote: Yeas 117,
178	178	Nays 21, one present not voting.
179	179	______________________________
180	180	Chief Clerk of the House
181	181	Approved:
182	182	______________________________
183	183	Date
184	184	______________________________
185	185	Governor