S.B. No. 1056
AN ACT
relating to the directors and administration of the Hidalgo County
Water Improvement District No. 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9054 to read as follows:
CHAPTER 9054. HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9054.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Hidalgo County Water
Improvement District No. 3.
Sec. 9054.0002. NATURE OF DISTRICT. The district is a
conservation and reclamation district organized to accomplish the
purposes of Section 59, Article XVI, Texas Constitution, and
operating as a water control and improvement district in accordance
with Chapters 49 and 51, Water Code.
SUBCHAPTER B. ELECTIONS
Sec. 9054.0101. ELECTIONS. (a) The district shall hold an
election on the uniform election date in November of each
even-numbered year to elect the appropriate number of directors.
(b) The district shall contract with the county elections
administrator as provided by Subchapter D, Chapter 31, Election
Code, to perform all duties and functions of the district in
relation to an election of directors.
Sec. 9054.0102. ELIGIBILITY TO VOTE. To be eligible to vote
in an election in the district, a person must be:
(1) a qualified voter as defined by Section 11.002,
Election Code, on the day the person offers to vote; and
(2) a person who resides on land inside the territory
defined by the boundaries of the district as submitted to the
commission under Section 49.455(j), Water Code, or commission rule.
Sec. 9054.0103. PROCEDURES FOR IDENTIFYING VOTERS;
PROVISIONAL VOTING. (a) The district shall submit to the registrar
a description or map of the territory defined by the boundaries of
the district as submitted to the commission under Section
49.455(j), Water Code, or commission rule, that is in sufficient
detail to enable the registrar to produce the official list of the
district's eligible voters.
(b) The district shall submit the information required
under this section not later than the 30th day after the date of the
last day to order a general or special election.
(c) If county election officials are unable to verify
whether a voter is eligible under Section 9054.0102, the voter may
be accepted to vote only provisionally under Section 63.011,
Election Code.
Sec. 9054.0104. BOND AND CONTRACT ELECTIONS; NOVEMBER
DATES. (a) A bond election held by the district must be held in
accordance with Section 49.106, Water Code, except that the
district may not hold the election on a date other than the uniform
election date prescribed by Section 41.001, Election Code, that
occurs in November of the applicable tax year.
(b) A contract election held by the district must be held in
accordance with Section 49.108, Water Code, except that the
district may not hold the election on a date other than the uniform
election date prescribed by Section 41.001, Election Code, that
occurs in November of the applicable tax year.
Sec. 9054.0105. EXCLUSION OF TERRITORY. (a) This section
applies to the exclusion of territory by the district under the
authority of Subchapters J and J-1, Chapter 49, Water Code, and
Subchapter O, Chapter 51, Water Code.
(b) The district may exclude territory on the basis that the
land is in agricultural use only if the land meets the requirements
for agricultural use under Section 23.51, Tax Code.
(c) The district may exclude territory on the basis that the
land is nonirrigated property only if the land meets the
requirements for nonirrigated property under Section 49.309, Water
Code.
(d) The district may exclude territory on the basis of the
property being urban property only if the property meets the
requirements of Section 49.3181, Water Code.
(e) The district may not exclude territory during the period
of time between the first day that a candidate may file an
application under Section 141.040, Election Code, and the day of
the election in which that candidate appears on the ballot.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 9054.0201. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered terms of four years.
Sec. 9054.0202. VACANCIES. (a) The district shall fill a
vacancy on the board in accordance with Sections 49.105(a)-(c),
Water Code.
(b) If a position on the board becomes vacant on a date that
is more than two years before the next scheduled date for an
election for the office, the board shall:
(1) appoint a person to fill the vacant office until a
person elected to that office has qualified; and
(2) hold an election to elect a member to fill the
vacant office for the remainder of the unexpired term together with
the next regularly scheduled election for other directors' offices.
(c) Section 49.105(d) does not apply to the board.
Sec. 9054.0203. QUALIFICATIONS FOR DIRECTOR. (a) To be
qualified to serve as a director, a person:
(1) must be eligible to hold office under Section
141.001, Election Code, and Section 9054.0204; and
(2) must:
(A) own land subject to taxation in the district;
(B) be a user of the facilities of the district;
or
(C) be a qualified voter of the district under
Section 9054.0102.
(b) Section 49.052, Water Code, applies to the district.
Sec. 9054.0204. DISQUALIFICATION OF DIRECTORS. (a) A
member of the governing body of another political subdivision is
disqualified from serving as a director.
(b) A director is disqualified from serving as a director
if:
(1) the director is appointed or elected as a member of
the governing body of another political subdivision; or
(2) the board determines a relationship or employment
exists that constitutes a disqualification under Section
49.052(a), Water Code.
(c) A person is disqualified from serving as a director if
the person or a relative of the person within the third degree by
consanguinity or affinity, as determined by Chapter 573, Government
Code:
(1) received 10 percent or more of gross income for the
previous year from a business entity or other organization, other
than a governmental entity, that receives money from the district;
(2) is employed by or participates in the management
of a business entity or other organization, other than a
governmental entity, that receives money from the district;
(3) directly or indirectly owns or controls more than
a 10 percent interest in the fair market value of a business or
other organization that receives money from the district;
(4) serves as a corporate officer or member of the
board of directors of a business entity or other organization that
receives money from the district;
(5) is a creditor, debtor, or guarantor in an amount of
$5,000 or more of a person or business entity that receives money
from the district;
(6) uses or receives a substantial amount of tangible
goods, services, or money from the district other than compensation
or reimbursement authorized by law; or
(7) is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the district.
SECTION 2. (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 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1056 passed the Senate on
April 26, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1056 passed the House, with
amendment, on May 24, 2023, by the following vote: Yeas 117,
Nays 21, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor