Bill Text: TX HB207 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to voting by the qualified voters of a water or sewer district wholly or partly annexed by a municipality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-20 - Referred to Elections [HB207 Detail]
Download: Texas-2017-HB207-Introduced.html
85S10285 PAM-D | ||
By: Huberty | H.B. No. 207 |
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relating to voting by the qualified voters of a water or sewer | ||
district wholly or partly annexed by a municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 43, Local Government Code, | ||
is amended by adding Section 43.0711 to read as follows: | ||
Sec. 43.0711. RIGHT OF VOTER OF WATER OR SEWER DISTRICT TO | ||
VOTE IN CERTAIN MUNICIPAL ELECTIONS. (a) In this section, "water | ||
or sewer district": | ||
(1) means: | ||
(A) a district or authority created under Article | ||
III, Section 52, Subsections (b)(1) and (2), or under Article XVI, | ||
Section 59, of the Texas Constitution that provides or proposes to | ||
provide, as its principal function, water services or sewer | ||
services or both to household users; or | ||
(B) a municipal utility district operating under | ||
Chapter 54, Water Code; and | ||
(2) does not include a district or authority the | ||
primary function of which is the wholesale distribution of water. | ||
(b) A qualified voter of a water or sewer district, any | ||
portion of which a municipality has annexed for full or limited | ||
purposes, is entitled to vote in municipal elections regarding the | ||
election or recall of members of the governing body of the | ||
municipality, the election or recall of the controller, if the | ||
office of controller is an elective position of the municipality, | ||
and the amendment of the municipal charter, regardless of whether | ||
the municipality has annexed the entire district or whether the | ||
voter resides in an annexed portion of the district. To the extent | ||
of a conflict between this section and another provision of this | ||
code or the Water Code, this section controls. This section does | ||
not apply to: | ||
(1) an area in the water or sewer district that is | ||
outside of the annexing municipality's extraterritorial | ||
jurisdiction; or | ||
(2) an area in the water or sewer district that is in | ||
the overlapping extraterritorial jurisdiction of two or more | ||
municipalities. | ||
SECTION 2. The change in law made by this Act applies to a | ||
municipal election ordered on or after the effective date of this | ||
Act. A municipal election ordered before the effective date of this | ||
Act is governed by the law in effect when the election was ordered, | ||
and the former law is continued in effect for that purpose. | ||
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 December 1, 2017. |