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.