Bill Text: TX HB648 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the selection of directors to the board of directors for the Viridian Municipal Management District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-15 - Effective on 9/1/15 [HB648 Detail]
Download: Texas-2015-HB648-Enrolled.html
H.B. No. 648 |
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relating to the selection of directors to the board of directors for | ||
the Viridian Municipal Management District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 3861.051, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 3861.051. GOVERNING BODY; TERMS. (a) Except as | ||
provided by Section 3861.0521, the [ |
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board of five directors as follows: | ||
(1) three directors appointed by the mayor and the | ||
governing body of the city as provided by Section 3861.052(a); and | ||
(2) two directors elected from the district at large | ||
as provided by Section 3861.052(b). | ||
(b) Directors [ |
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SECTION 2. Section 3861.052, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 3861.052. APPOINTMENT OR ELECTION OF DIRECTORS [ |
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(a) The mayor and members of the governing body of the city shall | ||
appoint three of the directors from persons recommended by the | ||
board. A person is appointed if a majority of members and the mayor | ||
vote to appoint that person. | ||
(b) The board shall hold an election to elect one director | ||
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each even-numbered year [ |
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SECTION 3. Subchapter B, Chapter 3861, Special District | ||
Local Laws Code, is amended by adding Section 3861.0521 to read as | ||
follows: | ||
Sec. 3861.0521. REQUIREMENT TO ELECT ALL DIRECTORS. (a) | ||
Not later than January 1 of each year, the board shall conduct a | ||
review to determine what percentage of the developable acreage in | ||
the district has been developed. The board by rule shall establish | ||
criteria for determining whether certain acreage is developable. | ||
(b) If the board determines on conclusion of a review | ||
conducted under Subsection (a) that at least 90 percent of the | ||
developable acreage in the district has been developed, Section | ||
3861.052 does not apply to the district and all five directors shall | ||
be selected by elections held on the uniform election date in May in | ||
even-numbered years. | ||
(c) If the board makes the determination described by | ||
Subsection (b), a director appointed to the board before the board | ||
makes that determination is entitled to serve the remainder of the | ||
director's unexpired term. | ||
(d) A vacancy on the board that occurs on or after the date | ||
the board makes the determination described by Subsection (b) shall | ||
be filled in the manner prescribed by Section 3861.054(b). | ||
SECTION 4. Section 3861.054, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 3861.054. VACANCY. (a) If a vacancy occurs in the | ||
office of an appointed director, the mayor and members of the | ||
governing body of the city shall fill the vacancy for the remainder | ||
of the director's unexpired term in the same manner as the original | ||
appointment. | ||
(b) If a vacancy occurs in the office of an elected | ||
director, the [ |
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prescribed by Section 3861.053. | ||
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members of the governing body of the city shall appoint the | ||
necessary number of directors who meet the qualifications | ||
prescribed by Section 3861.053 to fill all board vacancies, | ||
regardless of whether the vacating directors were appointed or | ||
elected. | ||
SECTION 5. Section 3861.203, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 3861.203. APPOINTMENT [ |
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DISTRICTS. (a) Not later than the 90th day after the date of an | ||
election in favor of the division of the district, the mayor and | ||
members of the governing body of the city [ |
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(1) appoint [ |
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district as the board of one of the new districts; and | ||
(2) appoint five directors for each of the other new | ||
districts in the manner prescribed by Section 3861.052(a). | ||
(b) Directors appointed under Subsection (a)(1) serve the | ||
remainder of the [ |
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elected in the original district. Notwithstanding Section | ||
3861.053, a director appointed under Subsection (a)(1) is eligible | ||
to serve only if the director owns land inside the area described by | ||
the boundaries of the original district. Directors appointed under | ||
Subsection (a)(2) serve until May 31 of the first even-numbered | ||
year after the year in which the directors are appointed [ |
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(c) On the uniform election date in May of the first | ||
even-numbered year after the year in which the directors are | ||
appointed, the appointed board shall hold an election to elect two | ||
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the city shall appoint three directors in the manner prescribed by | ||
Section 3861.052(a) in each district for which directors were | ||
appointed under Subsection (a)(2). | ||
(d) Section 3861.0521 applies to a new district in the same | ||
manner as that section applies to the original district. [ |
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SECTION 6. (a) A member of a board of directors who was | ||
elected under Section 3861.052 or 3861.203, Special District Local | ||
Laws Code, or appointed to fill a vacancy under Section 3861.054, | ||
Special District Local Laws Code, before the effective date of this | ||
Act shall continue to serve until the expiration of the member's | ||
term. As members' terms expire, the mayor and members of the | ||
governing body of the city shall fill an appropriate number of the | ||
vacancies by appointment so that the board consists of three | ||
appointed directors and two elected directors as required by | ||
Section 3861.052, Special District Local Laws Code, as amended by | ||
this Act. | ||
(b) The mayor and members of the governing body of the city | ||
may make the appointments permitted by Section 3861.052(a), Special | ||
District Local Laws Code, as amended by this Act, to fill a vacancy | ||
occurring on the board of directors on or after the effective date | ||
of this Act. | ||
SECTION 7. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 648 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 142, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 648 was passed by the Senate on May | ||
22, 2015, by the following vote: Yeas 30, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |