S.B. No. 1088
AN ACT
relating to eligibility to serve as a member of the board of
directors of the West Central Texas Municipal Water District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 3(a), (b), (c), and (d), Chapter 66,
Acts of the 54th Legislature, Regular Session, 1955, are amended to
read as follows:
(a) All powers of the District shall be exercised by a Board
of Directors. Each city in the District[, each of whom] shall
appoint a person to the Board of Directors, as provided by this
section, [be appointed] by majority vote of the governing body of a
[the] city [in which he resides].
(b) The number of Directors to be appointed by [from] each
city in the District shall be governed by the population of the
city, according to the most recent Federal Census, as follows:
(1) each [Each] city having a population of ten
thousand (10,000) or less, shall appoint two (2) Directors; and
(2) each [Each] city having a population of more than
ten thousand (10,000), shall appoint two (2) Directors plus one (1)
Director for each ten thousand (10,000) population or part thereof
over ten thousand (10,000), provided however, that no city shall
appoint more than one-half (1/2) of the members of the Board.
(c) In [the appointment of Directors from each city which is
entitled to appoint more than one (1) Director, not less than one
(1) Director shall serve to and including May 31, 1956, and not less
than one (1) shall serve to and including May 31, 1957, the
Directors to serve for the short term and those to serve for the
long term shall be specified by the governing body of the city; in
May of 1956 and in] May of each year the governing body of each
[such] city shall appoint the necessary Director or Directors for
the two (2) year term beginning June 1st of that year. The first
Director appointed by [from] any city, hereafter annexed to the
District, which is entitled to only one (1) Director, may be
appointed for a term ending on a May 31st not more than two (2) years
from date of appointment. The subsequent Director or Directors
shall be appointed as provided above.
(d) Each Director shall serve for the Director's [his] term
of office as herein provided, and thereafter until a [his]
successor shall be appointed and qualified. No person shall be
appointed a Director unless the person [he] resides in and owns
taxable property in a county in which the city that [from which he
is] appointed the person is located. No member of a governing body
of a city, and no employee of a city shall be appointed as Director.
Such Directors shall subscribe the Constitutional oath of office,
and each shall give bond for the faithful performance of the
Director's [his] duties in the amount of Five Thousand Dollars
($5,000), the cost of which shall be paid by the District. A
majority shall constitute a quorum. If any Director no longer
resides in and owns taxable property in a county in which the city
that appointed the Director is located [moves from the city from
which he is appointed], the governing body of such city shall
appoint a Director to succeed that Director [him], for the
unexpired term.
SECTION 2. The West Central Texas Municipal Water District
retains all rights, powers, privileges, authority, duties, and
functions that it had before the effective date of this Act.
SECTION 3. (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 4. 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. 1088 passed the Senate on
April 12, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1088 passed the House on
May 9, 2023, by the following vote: Yeas 134, Nays 8, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor