Bill Text: TX HB4943 | 2023-2024 | 88th Legislature | Engrossed

Texas House Bill 4943

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



	A BILL TO BE ENTITLED
	AN ACT
	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.