Texas 2023 - 88th Regular

Texas Senate Bill SB1226 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1226
2	2
3	3
4	4	AN ACT
5	5	relating to the term of office for a director of the Northeast Texas
6	6	Municipal Water District.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 3, Chapter 78, Acts of the 53rd
9	9	Legislature, Regular Session, 1953, is amended by amending
10	10	Subsection (a) and adding Subsection (a-1) to read as follows:
11	11	(a) All powers of the District shall be exercised by a Board
12	12	of Directors. Such directors shall be appointed by a majority vote
13	13	of [for] the governing body of each of the cities contained in the
14	14	District. [In appointing the first directors for a city containing
15	15	5,000 population or more according to the most recent Federal
16	16	Census, the governing body of such city shall appoint one director
17	17	who shall serve to and including May 31, 1954, and one who shall
18	18	serve to and including May 31, 1955.] In [May, 1954, and in] May of
19	19	each even-numbered year [thereafter], the governing bodies [body]
20	20	of Avinger, Hughes Springs, Jefferson, and Ore City each [such
21	21	city] shall appoint one director for a [the] two year term beginning
22	22	on June 1 [1st] of that year. In May of each odd-numbered year, the
23	23	governing bodies of Daingerfield, Lone Star, and Pittsburg each
24	24	shall appoint one director for a two year term beginning on June 1
25	25	of that year. [In appointing the first director for a city of less
26	26	than 5,000 population according to the most recent Federal Census,
27	27	the governing body of such city shall appoint one director who shall
28	28	serve to and including May 31, 1954. In May, 1954, and in May of
29	29	each even year thereafter, the governing body shall appoint one
30	30	director for the two year term beginning on June 1st of that year.]
31	31	Each director shall serve for the director's [his] term of office as
32	32	herein provided, and thereafter until the director's [his]
33	33	successor shall be appointed and qualified. A governing body of a
34	34	city may not appoint a [No] person to the position of [shall be
35	35	appointed] a director unless the person [he] resides in and owns
36	36	taxable property in the city [from which he is appointed]. A
37	37	governing body of a city may not appoint a [No] member of a
38	38	governing body of a city or an[, and no] employee of a city [shall be
39	39	appointed as director]. Such directors shall subscribe the
40	40	constitutional oath of office, and each shall give bond for the
41	41	faithful performance of the director's [his] duties in the amount
42	42	of Five Thousand ($5,000.00) Dollars, the cost of which shall be
43	43	paid by the District. A majority shall constitute a quorum.
44	44	(a-1) If the population of a city described by Subsection
45	45	(a) of this section is 5,000 or more, the governing body of the city
46	46	is entitled to appoint a second director to serve a term that ends
47	47	on May 31 of the year following the expiration of the term of the
48	48	serving director appointed by the governing body of that city under
49	49	Subsection (a) of this section and every second year thereafter. If
50	50	the population of the city described by Subsection (a) of this
51	51	section is less than 5,000 and the governing body of the city has
52	52	two director positions by an earlier application of this
53	53	subsection, the governing body of the city is entitled to appoint
54	54	only one director and the director position for the city that
55	55	expires on the first May 31 following the most recent federal
56	56	decennial census that shows a population less than 5,000 is
57	57	eliminated effective on that date.
58	58	SECTION 2. Section 6, Chapter 78, Acts of the 53rd
59	59	Legislature, Regular Session, 1953, is amended to read as follows:
60	60	Sec. 6. (a) This section applies only to the annexation of a
61	61	city by the District other than the cities described by Section 3 of
62	62	this Act.
63	63	(b) When [any city,] the territory of a city with a
64	64	population of 5,000 [which] is [hereafter] annexed to the District,
65	65	[contains 5,000 inhabitants or more according to the most recent
66	66	Federal Census,] the governing body of the city shall appoint one
67	67	director for the term ending the following May 31 [31st], and one
68	68	director for the term ending one year after the following May 31
69	69	[31st], and in May of each year shall appoint one director for a two
70	70	year term the same as provided in this Act for cities described by
71	71	Section 3(a-1) of this Act [originally included in the District].
72	72	If the population of the annexed city at a later date is less than
73	73	5,000, the governing body of the city is entitled to appoint only
74	74	one director and the director position for that city that expires on
75	75	the first May 31 following the most recent federal decennial census
76	76	that shows a population less than 5,000 is eliminated effective on
77	77	that date.
78	78	(c) When the territory of a city with a population of less
79	79	than 5,000 is annexed to the District [If such city contains less
80	80	than 5,000 inhabitants according to the most recent Federal
81	81	Census], the governing body of the city shall appoint one director
82	82	whose term shall expire the following May 31 [31st], and in May of
83	83	each second year thereafter shall appoint one director for a two
84	84	year term beginning on June 1 of that year and expiring on May 31 two
85	85	years later. Whenever such city may later attain a population of
86	86	5,000 or more [according to the Federal Census], the governing body
87	87	of the city is [it shall thereafter be] entitled to appoint two
88	88	directors in the manner [to be appointed as herein] provided by
89	89	Section 3(a-1) of this Act.
90	90	(d) A person appointed as a director under this section must
91	91	meet the qualifications for office provided by Section 3(a) of this
92	92	Act.
93	93	SECTION 3. (a) A person who is appointed by the governing
94	94	body of the city of Avinger, Hughes Springs, Jefferson, or Ore City
95	95	and is serving as a director of the Northeast Texas Municipal Water
96	96	District on the effective date of this Act may continue to serve as
97	97	a director for a term of office that expires May 31, 2024.
98	98	(b) As soon as practicable after the effective date of this
99	99	Act, the governing bodies of the cities of Daingerfield, Lone Star,
100	100	and Pittsburg shall each appoint a person to serve as a director of
101	101	the Northeast Texas Municipal Water District for a term of office
102	102	that begins June 1, 2023, and expires May 31, 2025.
103	103	SECTION 4. (a) The legal notice of the intention to
104	104	introduce this Act, setting forth the general substance of this
105	105	Act, has been published as provided by law, and the notice and a
106	106	copy of this Act have been furnished to all persons, agencies,
107	107	officials, or entities to which they are required to be furnished
108	108	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
109	109	Government Code.
110	110	(b) The governor, one of the required recipients, has
111	111	submitted the notice and Act to the Texas Commission on
112	112	Environmental Quality.
113	113	(c) The Texas Commission on Environmental Quality has filed
114	114	its recommendations relating to this Act with the governor, the
115	115	lieutenant governor, and the speaker of the house of
116	116	representatives within the required time.
117	117	(d) All requirements of the constitution and laws of this
118	118	state and the rules and procedures of the legislature with respect
119	119	to the notice, introduction, and passage of this Act are fulfilled
120	120	and accomplished.
121	121	SECTION 5. This Act takes effect immediately if it receives
122	122	a vote of two-thirds of all the members elected to each house, as
123	123	provided by Section 39, Article III, Texas Constitution. If this
124	124	Act does not receive the vote necessary for immediate effect, this
125	125	Act takes effect September 1, 2023.
126	126	______________________________ ______________________________
127	127	President of the Senate Speaker of the House
128	128	I hereby certify that S.B. No. 1226 passed the Senate on
129	129	April 20, 2023, by the following vote: Yeas 31, Nays 0.
130	130	______________________________
131	131	Secretary of the Senate
132	132	I hereby certify that S.B. No. 1226 passed the House on
133	133	April 28, 2023, by the following vote: Yeas 131, Nays 13, two
134	134	present not voting.
135	135	______________________________
136	136	Chief Clerk of the House
137	137	Approved:
138	138	______________________________
139	139	Date
140	140	______________________________
141	141	Governor