1 | 1 | | 89R16229 MLH-D |
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2 | 2 | | By: Plesa H.B. No. 4013 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the composition of the board of directors of certain |
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10 | 10 | | appraisal districts. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 6.0301, Tax Code, is amended by amending |
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13 | 13 | | Subsections (c), (d), and (g) and adding Subsections (b-1), (c-1), |
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14 | 14 | | (c-2), and (c-3) to read as follows: |
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15 | 15 | | (b-1) The board of directors of the appraisal district shall |
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16 | 16 | | divide the district into four numbered, single-member districts for |
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17 | 17 | | electing directors. |
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18 | 18 | | (c) The appraisal district is governed by a board of nine |
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19 | 19 | | directors. Four [Five] directors are appointed by the taxing units |
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20 | 20 | | that participate in the district in the manner prescribed by |
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21 | 21 | | Section 6.03. One director is elected from each single-member |
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22 | 22 | | district. To be elected to a position on the board of directors of |
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23 | 23 | | the district, a candidate must receive more votes than any other |
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24 | 24 | | candidate for that position. The district shall hold an election to |
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25 | 25 | | elect the appropriate number of directors on the uniform election |
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26 | 26 | | date prescribed by Section 41.001, Election Code, in November of |
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27 | 27 | | each even-numbered year. [Three directors are elected by majority |
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28 | 28 | | vote at the general election for state and county officers by the |
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29 | 29 | | voters of the county in which the district is established.] The |
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30 | 30 | | county assessor-collector serves as an ex officio director. |
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31 | 31 | | (c-1) The board of directors may revise the single-member |
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32 | 32 | | districts as necessary or appropriate. |
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33 | 33 | | (c-2) The board of directors shall revise each |
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34 | 34 | | single-member district after each federal decennial census to |
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35 | 35 | | reflect population changes. |
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36 | 36 | | (c-3) When the boundaries of the single-member districts |
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37 | 37 | | are changed, a director in office on the effective date of the |
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38 | 38 | | change, or elected or appointed before the effective date of the |
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39 | 39 | | change to a term of office beginning on or after the effective date |
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40 | 40 | | of the change, is entitled to serve the term or the remainder of the |
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41 | 41 | | term in the single-member district to which elected or appointed |
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42 | 42 | | even though the change in boundaries places the director's |
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43 | 43 | | residence outside the single-member district from which the |
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44 | 44 | | director was elected or appointed. |
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45 | 45 | | (d) To be eligible to serve in an appointive position on the |
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46 | 46 | | board of directors, an individual [other than the county |
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47 | 47 | | assessor-collector] must be a resident of the district and must |
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48 | 48 | | have resided in the district for at least two years immediately |
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49 | 49 | | preceding the date the individual takes office. To be eligible to |
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50 | 50 | | serve in an elective position on the board of directors, an |
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51 | 51 | | individual must be a resident of the single-member district from |
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52 | 52 | | which the individual is elected and have resided in the |
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53 | 53 | | single-member district for at least two years immediately preceding |
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54 | 54 | | the date the individual takes office. An individual who is |
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55 | 55 | | otherwise eligible to serve on the board is not ineligible because |
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56 | 56 | | of membership on the governing body of a taxing unit. An employee |
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57 | 57 | | of a taxing unit that participates in the district is not eligible |
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58 | 58 | | to serve on the board unless the individual is also a member of the |
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59 | 59 | | governing body or an elected official of a taxing unit that |
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60 | 60 | | participates in the district. |
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61 | 61 | | (g) If a vacancy occurs in an elective position on the board |
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62 | 62 | | of directors, the board of directors shall appoint by majority vote |
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63 | 63 | | of its members a person to fill the vacancy. A person appointed to |
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64 | 64 | | fill a vacancy in an elective position must have the qualifications |
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65 | 65 | | required of a director elected at a general election for the |
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66 | 66 | | position on the board to which the person is appointed. |
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67 | 67 | | SECTION 2. Section 6.032, Tax Code, is amended by adding |
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68 | 68 | | Subsection (a-1) to read as follows: |
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69 | 69 | | (a-1) A person shall indicate on the application for a place |
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70 | 70 | | on the ballot the single-member district that the person seeks to |
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71 | 71 | | represent. |
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72 | 72 | | SECTION 3. Not later than January 1, 2026, the board of |
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73 | 73 | | directors of each appraisal district established in a county with a |
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74 | 74 | | population of 75,000 or more shall divide the district into |
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75 | 75 | | single-member districts as required by Section 6.0301(b-1), Tax |
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76 | 76 | | Code, as added by this Act. |
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77 | 77 | | SECTION 4. Sections 5.13(b), (c), and (d), Chapter 1 (S.B. |
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78 | 78 | | 2), Acts of the 88th Legislature, 2nd Called Session, 2023, are |
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79 | 79 | | repealed. |
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80 | 80 | | SECTION 5. (a) The changes in law made by this Act apply |
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81 | 81 | | only to an election of members of the board of directors of an |
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82 | 82 | | appraisal district that is held on or after January 1, 2026. |
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83 | 83 | | (b) At the first meeting of the board of directors of an |
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84 | 84 | | appraisal district described by Section 6.0301, Tax Code, as |
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85 | 85 | | amended by this Act, that is held on or after January 1, 2027, the |
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86 | 86 | | four directors elected on the uniform election date prescribed by |
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87 | 87 | | Section 41.001, Election Code, in November 2026 shall draw lots to |
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88 | 88 | | determine which two directors shall serve a term of two years and |
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89 | 89 | | which two directors shall serve a term of four years. Thereafter, |
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90 | 90 | | all elected directors serve four-year terms. |
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91 | 91 | | (c) The term of an appointed appraisal district director |
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92 | 92 | | serving on December 31, 2026, on the board of directors of an |
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93 | 93 | | appraisal district described by Section 6.0301, Tax Code, as |
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94 | 94 | | amended by this Act, expires on January 1, 2027. Not later than |
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95 | 95 | | December 31, 2026, the taxing units participating in the appraisal |
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96 | 96 | | district that are entitled to appoint directors shall appoint four |
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97 | 97 | | directors to serve terms that begin on January 1, 2027. Two |
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98 | 98 | | directors shall be appointed to serve a term of one year, and the |
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99 | 99 | | other two directors shall be appointed to serve a term of three |
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100 | 100 | | years. Thereafter, all appointed directors serve four-year terms. |
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101 | 101 | | SECTION 6. This Act takes effect immediately if it receives |
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102 | 102 | | a vote of two-thirds of all the members elected to each house, as |
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103 | 103 | | provided by Section 39, Article III, Texas Constitution. If this |
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104 | 104 | | Act does not receive the vote necessary for immediate effect, this |
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105 | 105 | | Act takes effect September 1, 2025. |
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