Bill Text: TX HB4943 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the election of directors in certain special utility districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-02 - Referred to Local Government [HB4943 Detail]
Download: Texas-2023-HB4943-Engrossed.html
88R16338 LRM-D | ||
By: Kitzman | H.B. No. 4943 |
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relating to the election of directors in certain special utility | ||
districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 65, Water Code, is amended | ||
by adding Section 65.104 to read as follows: | ||
Sec. 65.104. OPTION TO IMPLEMENT SINGLE-MEMBER DISTRICTS. | ||
(a) The board of a district, on its own motion, may order that | ||
directors of the district are to be elected from single-member | ||
districts. | ||
(b) Before adopting an order under Subsection (a), the board | ||
must: | ||
(1) hold a public hearing at which registered voters | ||
of the district are given an opportunity to comment on whether or | ||
not they favor the election of directors in the manner proposed by | ||
the board; and | ||
(2) publish notice of the hearing in a newspaper that | ||
has general circulation in the district, not later than the seventh | ||
day before the date of the hearing. | ||
(c) An order of the board adopted under Subsection (a) must | ||
be entered not later than the 120th day before the date of the first | ||
election at which the directors are elected from single-member | ||
districts authorized by the order. | ||
(d) If single-member districts are adopted as provided by | ||
this section, the board shall divide the district into the | ||
appropriate number of districts, based on the number of members of | ||
the board that are to be elected from single-member districts, and | ||
shall number each district. The districts must be compact and | ||
contiguous and must be as nearly as practicable of equal | ||
population. The districts must be drawn not later than the 90th day | ||
before the date of the first election of directors from those | ||
districts. | ||
(e) Residents of each district are entitled to elect one | ||
director to the board. Except as provided by Subsection (f), a | ||
candidate who seeks to represent a single-member district must be a | ||
resident of the district the candidate seeks to represent. A person | ||
appointed to fill a vacancy in a district must be a resident of that | ||
district. A director vacates the office if the director fails to | ||
establish residency in the district the director represents within | ||
the time provided by Subsection (f) or ceases to reside in the | ||
district the director represents. | ||
(f) At the first election at which the directors are elected | ||
in a manner authorized by this section, a director elected to | ||
represent the district must be a resident of the district the | ||
director represents not later than: | ||
(1) the 90th day after the date election returns are | ||
canvassed; or | ||
(2) the 60th day after the date of a final judgment in | ||
an election contest filed concerning that district. | ||
(g) At the first election at which the directors are elected | ||
in a manner authorized by this section and after each | ||
redistricting, all positions on the board shall be filled. The | ||
directors then elected shall draw lots for staggered terms as | ||
provided by a policy of the board. | ||
(h) Not later than the 90th day before the date of the first | ||
general election at which directors may officially recognize and | ||
act on the last preceding federal census, the board shall redivide | ||
the district into the appropriate number of districts if the census | ||
data indicates that the population of the most populous district | ||
exceeds the population of the least populous district by more than | ||
10 percent. Redivision of the district shall be in the manner | ||
provided for division of the district under Subsection (d). | ||
SECTION 2. This Act takes effect September 1, 2023. |