| 1 | 1 | | By: Middleton S.B. No. 2558 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the election, terms, and resignation of the board of |
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| 7 | 7 | | commissioners of the Brazoria Drainage District No. 4. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 7(a), Chapter 991, Acts of the 74th |
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| 10 | 10 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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| 11 | 11 | | (a) The district is managed by a board of three |
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| 12 | 12 | | commissioners as provided by Chapter 56, Water Code, and each holds |
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| 13 | 13 | | an elected office designated as Place No. 1, Place No. 2, or Place |
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| 14 | 14 | | No. 3. The board shall call and hold elections for the appropriate |
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| 15 | 15 | | number of commissioners on the uniform election date in May |
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| 16 | 16 | | [November] of each even-numbered year. Notwithstanding Section |
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| 17 | 17 | | 56.063, Water Code, the commissioners serve staggered four-year |
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| 18 | 18 | | terms, each beginning June [January] 1 of the year following the |
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| 19 | 19 | | commissioner's election and continuing until the commissioner's |
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| 20 | 20 | | successor in office is elected and has qualified. |
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| 21 | 21 | | SECTION 2. Chapter 991, Acts of the 74th Legislature, |
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| 22 | 22 | | Regular Session, 1995, is amended to add Section 7(a-1) to read as |
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| 23 | 23 | | follows: |
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| 24 | 24 | | (a-1) If a commissioner announces his candidacy, or shall in |
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| 25 | 25 | | fact become a candidate, in any general, special, or primary |
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| 26 | 26 | | election, for any office of profit or trust under the laws of this |
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| 27 | 27 | | State or the United States other than the office of commissioner of |
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| 28 | 28 | | the board of this district, such announcement or candidacy shall |
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| 29 | 29 | | constitute an automatic resignation from office. |
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| 30 | 30 | | SECTION 3. Sections 7(b), (c), (d), (e), and (i), Chapter |
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| 31 | 31 | | 991, Acts of the 74th Legislature, Regular Session, 1995, are |
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| 32 | 32 | | repealed. |
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| 33 | 33 | | SECTION 4. (a) The Brazoria Drainage District No. 4 shall |
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| 34 | 34 | | hold the first election to elect commissioners for Place No. 1 and |
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| 35 | 35 | | Place No. 2 as described by Section 7(a), Chapter 991, Acts of the |
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| 36 | 36 | | 74th Legislature, Regular Session, 1995, as amended by this Act, on |
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| 37 | 37 | | the uniform election date in May 2024. |
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| 38 | 38 | | (b) The Brazoria Drainage District No. 4 shall hold the |
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| 39 | 39 | | first election to elect the commissioner for Place No. 3 as |
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| 40 | 40 | | described by Section 7(a), Chapter 991, Acts of the 74th |
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| 41 | 41 | | Legislature, Regular Session, 1995, as amended by this Act, on the |
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| 42 | 42 | | uniform election date in May 2026. |
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| 43 | 43 | | (c) The terms of the commissioners currently serving on the |
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| 44 | 44 | | board of commissioners for Place No. 1 and Place No. 2 on the |
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| 45 | 45 | | effective date of this Act expire on the later of January 1, 2024 or |
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| 46 | 46 | | the date the commissioners elected un Subsection (a) of this |
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| 47 | 47 | | section have qualified. |
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| 48 | 48 | | SECTION 5. (a) The legal notice of the intention to |
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| 49 | 49 | | introduce this Act, setting forth the general substance of this |
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| 50 | 50 | | Act, has been published as provided by law, and the notice and a |
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| 51 | 51 | | copy of this Act have been furnished to all persons, agencies, |
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| 52 | 52 | | officials, or entities to which they are required to be furnished |
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| 53 | 53 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 54 | 54 | | Government Code. |
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| 55 | 55 | | (b) The governor, one of the required recipients, has |
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| 56 | 56 | | submitted the notice and Act to the Texas Commission on |
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| 57 | 57 | | Environmental Quality. |
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| 58 | 58 | | (c) The Texas Commission on Environmental Quality has filed |
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| 59 | 59 | | its recommendations relating to this Act with the governor, the |
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| 60 | 60 | | lieutenant governor, and the speaker of the house of |
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| 61 | 61 | | representatives within the required time. |
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| 62 | 62 | | (d) All requirements of the constitution and laws of this |
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| 63 | 63 | | state and the rules and procedures of the legislature with respect |
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| 64 | 64 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 65 | 65 | | and accomplished. |
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| 66 | 66 | | SECTION 6. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2023. |
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