Bill Text: TX HB2762 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the selection of the board of directors of an appraisal district; authorizing a fee.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-04-29 - Left pending in committee [HB2762 Detail]
Download: Texas-2013-HB2762-Introduced.html
83R8957 DDT-D | ||
By: Anderson | H.B. No. 2762 |
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relating to the selection of the board of directors of an appraisal | ||
district; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 6.03, Tax Code, is amended by amending | ||
Subsections (a), (b), (c), (k), and (l) and adding Subsections | ||
(a-1), (a-2), and (m) to read as follows: | ||
(a) The appraisal district is governed by a board of seven | ||
directors. Two directors are elected at the general election for | ||
state and county officers by the voters of the county in which the | ||
district is established, and five [ |
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the taxing units that participate in the district as provided by | ||
this section. | ||
(a-1) If the county assessor-collector is not appointed to | ||
the board of directors, the county assessor-collector serves as a | ||
nonvoting director. The county assessor-collector is ineligible to | ||
serve if the board enters into a contract under Section 6.05(b) or | ||
if the commissioners court of the county enters into a contract | ||
under Section 6.24(b). | ||
(a-2) To be eligible to serve on the board of directors, an | ||
individual, other than a county assessor-collector serving as a | ||
nonvoting director, must be a resident of the appraisal district | ||
and must have resided in the district for at least two years | ||
immediately preceding the date the individual takes office. To be | ||
eligible to be elected to the board, an individual must be a | ||
resident of the county in which the district is established. An | ||
individual who is otherwise eligible to serve on the board as a | ||
member appointed by the taxing units participating in the district | ||
is not ineligible because of membership on the governing body of a | ||
taxing unit. An employee of a taxing unit that participates in the | ||
district is not eligible to serve on the board as a member appointed | ||
by the taxing units participating in the district unless the | ||
individual is also a member of the governing body or an elected | ||
official of a taxing unit that participates in the district. | ||
(b) Members of the board of directors, other than a county | ||
assessor-collector serving as a nonvoting director, serve two-year | ||
terms. The terms of directors elected at a general election begin | ||
on January 1 of odd-numbered years. The terms of directors | ||
appointed by the taxing units begin [ |
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even-numbered years. | ||
(c) Members of the board of directors, other than a county | ||
assessor-collector serving as a nonvoting director and other than | ||
the elected members, are appointed by vote of the governing bodies | ||
of the incorporated cities and towns, the school districts, and, if | ||
entitled to vote, the conservation and reclamation districts that | ||
participate in the district and of the county. A governing body may | ||
cast all its votes for one candidate or distribute them among | ||
candidates for any number of directorships. Conservation and | ||
reclamation districts are not entitled to vote unless at least one | ||
conservation and reclamation district in the district delivers to | ||
the chief appraiser a written request to nominate and vote on the | ||
board of directors by June 1 of each odd-numbered year. On receipt | ||
of a request, the chief appraiser shall certify a list by June 15 of | ||
all eligible conservation and reclamation districts that are | ||
imposing taxes and that participate in the district. | ||
(k) The governing body of each taxing unit entitled to vote | ||
shall determine its vote by resolution and submit it to the chief | ||
appraiser before December 15. The chief appraiser shall count the | ||
votes, declare the five candidates who receive the largest | ||
cumulative vote totals appointed [ |
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before December 31 to the governing body of each taxing unit in the | ||
district and to the candidates. For purposes of determining the | ||
number of votes received by the candidates, the candidate receiving | ||
the most votes of the conservation and reclamation districts is | ||
considered to have received all of the votes cast by conservation | ||
and reclamation districts and the other candidates are considered | ||
not to have received any votes of the conservation and reclamation | ||
districts. The chief appraiser shall resolve a tie vote by any | ||
method of chance. | ||
(l) If a vacancy occurs in an appointive position on the | ||
board of directors, other than a vacancy in the position held by a | ||
county assessor-collector serving as a nonvoting director, each | ||
taxing unit that is entitled to vote by this section may nominate by | ||
resolution adopted by its governing body a candidate to fill the | ||
vacancy. The unit shall submit the name of its nominee to the chief | ||
appraiser within 45 days after notification from the board of | ||
directors of the existence of the vacancy, and the chief appraiser | ||
shall prepare and deliver to the board of directors within the next | ||
five days a list of the nominees. The board of directors shall | ||
appoint [ |
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to fill the vacancy. | ||
(m) If a vacancy occurs in an elective position on the board | ||
of directors, the board of directors shall appoint by majority vote | ||
of its members a person to fill the vacancy. A person appointed to | ||
fill a vacancy in an elective position must have the qualifications | ||
required of a director elected at a general election. | ||
SECTION 2. Section 6.031, Tax Code, is amended to read as | ||
follows: | ||
Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [ |
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(a) The board of directors of an appraisal district, by resolution | ||
adopted and delivered to each taxing unit participating in the | ||
district before May [ |
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on the board of directors of the district to not more than 13 or[ |
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change the method or procedure for appointing the members appointed | ||
by the taxing units participating in the district, or both, unless | ||
the governing body of a taxing unit that is entitled to vote on the | ||
appointment of board members adopts a resolution opposing the | ||
change in the method or procedure for appointing those members[ |
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and files it with the board of directors before June [ |
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If a change in the method or procedure for appointing those members | ||
is rejected, the board shall notify, in writing, each taxing unit | ||
participating in the district before June [ |
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(b) The taxing units participating in an appraisal district | ||
may increase the number of members on the board of directors of the | ||
district to not more than 13 or[ |
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for appointing the members appointed by the taxing units | ||
participating in the district, or both, if the governing bodies of | ||
three-fourths of the taxing units that are entitled to vote on the | ||
appointment of board members adopt resolutions providing for the | ||
change. However, a change under this subsection in the method or | ||
procedure for selecting members appointed by the taxing units | ||
participating in the district is not valid if it reduces the voting | ||
entitlement of one or more taxing units that do not adopt a | ||
resolution proposing it to less than a majority of the voting | ||
entitlement under Section 6.03 [ |
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voting entitlement of any taxing unit that does not adopt a | ||
resolution proposing it to less than 50 percent of its voting | ||
entitlement under Section 6.03 [ |
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unit's allocation of the budget is not reduced to the same | ||
proportional percentage amount, or if it expands the types of | ||
taxing units that are entitled to vote on appointment of board | ||
members. | ||
(c) An official copy of a resolution under Subsection (b) | ||
[ |
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appraisal district after May [ |
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1 [ |
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is ineffective. | ||
(d) Before August 15 [ |
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a sufficient number of eligible taxing units have filed valid | ||
resolutions proposing a change under Subsection (b) for the change | ||
to take effect. The chief appraiser shall notify each taxing unit | ||
participating in the district of each change that is adopted before | ||
August 30 [ |
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selecting members appointed by the taxing units participating in | ||
the district that is adopted takes effect on the date the chief | ||
appraiser notifies the taxing units of the change. An increase in | ||
the number of members of the board takes effect on January 1 of the | ||
first year after the date the chief appraiser notifies the taxing | ||
units of the increase. | ||
(e) If the number of members of the board is increased under | ||
this section, at least one-half of the number of new members shall | ||
be elected to the board in the manner provided by Section 6.03. The | ||
board of directors by majority vote of its members may increase the | ||
number of members to be elected to more than the minimum number | ||
required by this subsection. | ||
(f) A change in [ |
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members appointed by the taxing units participating in the district | ||
made as provided by this section remains in effect until changed in | ||
a manner provided by this section or rescinded by resolution of a | ||
majority of the governing bodies that are entitled to vote on | ||
appointment of board members under Section 6.03 [ |
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(g) [ |
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subject to change under this section but is not expressly changed by | ||
resolution of a sufficient number of eligible taxing units remains | ||
in effect. | ||
(h) [ |
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and reclamation districts in an appraisal district are considered | ||
to be entitled to vote on the appointment of appraisal district | ||
directors if: | ||
(1) a conservation and reclamation district has filed | ||
a request to the chief appraiser to nominate and vote on directors | ||
in the current year as provided by Section 6.03(c); or | ||
(2) conservation and reclamation districts were | ||
entitled to vote on the appointment of directors in the appraisal | ||
district in the most recent year in which directors were appointed | ||
under Section 6.03. | ||
SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by | ||
adding Section 6.032 to read as follows: | ||
Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING | ||
FEE. (a) Except as provided by this section, Chapter 144, Election | ||
Code, applies to a candidate for an elective position on an | ||
appraisal district board of directors. | ||
(b) An application for a place on the ballot must be filed | ||
with the county judge of the county in which the appraisal district | ||
is established and be accompanied by a filing fee of: | ||
(1) $750 for a county with a population of less than | ||
200,000; or | ||
(2) $1,250 for a county with a population of 200,000 or | ||
more. | ||
(c) A candidate's name may appear on the ballot only as an | ||
independent candidate. | ||
(d) A filing fee received under this section shall be | ||
deposited in the county treasury to the credit of the county general | ||
fund. | ||
SECTION 4. Section 6.033, Tax Code, is amended to read as | ||
follows: | ||
Sec. 6.033. RECALL OF APPOINTED DIRECTOR. (a) The | ||
governing body of a taxing unit may call for the recall of a member | ||
of the board of directors of an appraisal district appointed by the | ||
taxing units participating in the district under Section 6.03 [ |
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appointment of the appointive board members. The call must be in | ||
the form of a resolution, be filed with the chief appraiser of the | ||
appraisal district, and state that the unit is calling for the | ||
recall of the member. If a resolution calling for the recall of a | ||
board member is filed under this subsection, the chief appraiser, | ||
not later than the 10th day after the date of filing, shall deliver | ||
a written notice of the filing of the resolution and the date of its | ||
filing to the presiding officer of the governing body of each taxing | ||
unit entitled to vote in the appointment of board members. | ||
(b) On or before the 30th day after the date on which a | ||
resolution calling for the recall of a member of the board appointed | ||
by the taxing units participating in the district is filed, the | ||
governing body of a taxing unit that cast any of its votes in the | ||
appointment of the board for that member may vote to recall the | ||
member by resolution submitted to the chief appraiser. Each taxing | ||
unit is entitled to the same number of votes in the recall as it cast | ||
for that member in the member's appointment to [ |
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governing body of the taxing unit calling for the recall may cast | ||
its votes in favor of the recall in the same resolution in which it | ||
called for the recall. | ||
(c) Not later than the 10th day after the last day provided | ||
by this section for voting in favor of the recall, the chief | ||
appraiser shall count the votes cast in favor of the recall. If the | ||
number of votes in favor of the recall equals or exceeds a majority | ||
of the votes cast for the member in the member's appointment to [ |
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the board, the member is recalled and ceases to be a member of the | ||
board. The chief appraiser shall immediately notify in writing the | ||
presiding officer of the appraisal district board of directors and | ||
of the governing body of each taxing unit that voted in the recall | ||
election of the outcome of the recall election. If the presiding | ||
officer of the appraisal district board of directors is the member | ||
whose recall was voted on, the chief appraiser shall also notify the | ||
secretary of the appraisal district board of directors of the | ||
outcome of the recall election. | ||
(d) If a vacancy occurs on the board of directors after the | ||
recall of a member of the board under this section, the taxing units | ||
that were entitled to vote in the recall election shall appoint a | ||
new board member to the vacancy. Each taxing unit is entitled to | ||
the same number of votes as it originally cast to appoint the | ||
recalled board member. Each taxing unit entitled to vote may | ||
nominate one candidate by resolution adopted by its governing body. | ||
The presiding officer of the governing body of the unit shall submit | ||
the name of the unit's nominee to the chief appraiser on or before | ||
the 30th day after the date it receives notification from the chief | ||
appraiser of the result of the recall election. On or before the | ||
15th day after the last day provided for a nomination to be | ||
submitted, the chief appraiser shall prepare a ballot, listing the | ||
candidates nominated alphabetically according to each candidate's | ||
surname, and shall deliver a copy of the ballot to the presiding | ||
officer of the governing body of each taxing unit that is entitled | ||
to vote. On or before the 15th day after the date on which a taxing | ||
unit's ballot is delivered, the governing body of the taxing unit | ||
shall determine its vote by resolution and submit it to the chief | ||
appraiser. On or before the 15th day after the last day on which a | ||
taxing unit may vote, the chief appraiser shall count the votes, | ||
declare the candidate who received the largest vote total | ||
appointed, and submit the results to the presiding officer of the | ||
governing body of the appraisal district and of each taxing unit in | ||
the district and to the candidates. The chief appraiser shall | ||
resolve a tie vote by any method of chance. | ||
(e) If the members appointed by the taxing units | ||
participating in the district to the board of directors of an | ||
appraisal district are [ |
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adopted under Section 6.031 [ |
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the taxing units that voted for or otherwise participated in the | ||
appointment of a member of the board may recall that member and | ||
appoint a new member to the vacancy by any method adopted by | ||
resolution of a majority of those governing bodies. If the | ||
appointment was by election by the taxing units participating in | ||
the district, the method of recall and of appointing a new member to | ||
the vacancy is not valid unless it provides that each taxing unit is | ||
entitled to the same number of votes in the recall and in the | ||
appointment to fill the vacancy as the unit [ |
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the member being recalled. | ||
SECTION 5. Section 6.036(a), Tax Code, is amended to read as | ||
follows: | ||
(a) An individual is not eligible to be a candidate for, to | ||
be appointed to, or to serve on the board of directors of an | ||
appraisal district if the individual or a business entity in which | ||
the individual has a substantial interest is a party to a contract | ||
with: | ||
(1) the appraisal district; or | ||
(2) a taxing unit that participates in the appraisal | ||
district, if the contract relates to the performance of an activity | ||
governed by this title. | ||
SECTION 6. Section 6.037, Tax Code, is amended to read as | ||
follows: | ||
Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION | ||
DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a | ||
reference to the taxing units entitled to vote on the appointment of | ||
appraisal district board members includes the conservation and | ||
reclamation districts participating in the appraisal district, | ||
without regard to whether the conservation and reclamation | ||
districts are currently entitled to do so under Section 6.03(c). In | ||
a provision of this title other than Section 6.03 or 6.031 that | ||
grants authority to a majority or other number of the taxing units | ||
entitled to vote on the appointment of appraisal district | ||
directors, including the disapproval of the appraisal district | ||
budget under Section 6.06 [ |
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reclamation districts participating in the appraisal district are | ||
given the vote or authority of one taxing unit. That vote or | ||
authority is considered exercised only if a majority of the | ||
conservation and reclamation districts take the same action to | ||
exercise that vote or authority. Otherwise, the conservation and | ||
reclamation districts are treated in the same manner as a single | ||
taxing unit that is entitled to act but does not take any action on | ||
the matter. | ||
SECTION 7. Section 52.092, Election Code, is amended by | ||
adding Subsection (k) to read as follows: | ||
(k) The secretary of state shall prescribe procedures for | ||
listing the office of appraisal district director on the ballot. | ||
SECTION 8. Sections 6.034 and 6.10, Tax Code, are repealed. | ||
SECTION 9. (a) The appropriate number of appraisal | ||
district directors holding elective positions shall be elected in | ||
each appraisal district as provided by Section 6.03, Tax Code, as | ||
amended by this Act, and Section 6.032, Tax Code, as added by this | ||
Act, beginning with the general election for state and county | ||
officers conducted in 2014. Members then elected take office | ||
January 1, 2015. | ||
(b) The change in law made by this Act does not affect the | ||
selection of appraisal district directors serving before January 1, | ||
2015. | ||
(c) A director of an appraisal district that has adopted | ||
staggered terms for directors under Section 6.034, Tax Code, who is | ||
appointed to a term that begins on January 1, 2015, serves a | ||
one-year term. | ||
SECTION 10. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2015. | ||
(b) This section and Sections 7 and 9 of this Act take effect | ||
September 1, 2013. |