Bill Text: TX SB1056 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the directors and administration of the Hidalgo County Water Improvement District No. 3.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-18 - Effective immediately [SB1056 Detail]
Download: Texas-2023-SB1056-Enrolled.html
S.B. No. 1056 |
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relating to the directors and administration of the Hidalgo County | ||
Water Improvement District No. 3. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle I, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 9054 to read as follows: | ||
CHAPTER 9054. HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9054.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Hidalgo County Water | ||
Improvement District No. 3. | ||
Sec. 9054.0002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district organized to accomplish the | ||
purposes of Section 59, Article XVI, Texas Constitution, and | ||
operating as a water control and improvement district in accordance | ||
with Chapters 49 and 51, Water Code. | ||
SUBCHAPTER B. ELECTIONS | ||
Sec. 9054.0101. ELECTIONS. (a) The district shall hold an | ||
election on the uniform election date in November of each | ||
even-numbered year to elect the appropriate number of directors. | ||
(b) The district shall contract with the county elections | ||
administrator as provided by Subchapter D, Chapter 31, Election | ||
Code, to perform all duties and functions of the district in | ||
relation to an election of directors. | ||
Sec. 9054.0102. ELIGIBILITY TO VOTE. To be eligible to vote | ||
in an election in the district, a person must be: | ||
(1) a qualified voter as defined by Section 11.002, | ||
Election Code, on the day the person offers to vote; and | ||
(2) a person who resides on land inside the territory | ||
defined by the boundaries of the district as submitted to the | ||
commission under Section 49.455(j), Water Code, or commission rule. | ||
Sec. 9054.0103. PROCEDURES FOR IDENTIFYING VOTERS; | ||
PROVISIONAL VOTING. (a) The district shall submit to the registrar | ||
a description or map of the territory defined by the boundaries of | ||
the district as submitted to the commission under Section | ||
49.455(j), Water Code, or commission rule, that is in sufficient | ||
detail to enable the registrar to produce the official list of the | ||
district's eligible voters. | ||
(b) The district shall submit the information required | ||
under this section not later than the 30th day after the date of the | ||
last day to order a general or special election. | ||
(c) If county election officials are unable to verify | ||
whether a voter is eligible under Section 9054.0102, the voter may | ||
be accepted to vote only provisionally under Section 63.011, | ||
Election Code. | ||
Sec. 9054.0104. BOND AND CONTRACT ELECTIONS; NOVEMBER | ||
DATES. (a) A bond election held by the district must be held in | ||
accordance with Section 49.106, Water Code, except that the | ||
district may not hold the election on a date other than the uniform | ||
election date prescribed by Section 41.001, Election Code, that | ||
occurs in November of the applicable tax year. | ||
(b) A contract election held by the district must be held in | ||
accordance with Section 49.108, Water Code, except that the | ||
district may not hold the election on a date other than the uniform | ||
election date prescribed by Section 41.001, Election Code, that | ||
occurs in November of the applicable tax year. | ||
Sec. 9054.0105. EXCLUSION OF TERRITORY. (a) This section | ||
applies to the exclusion of territory by the district under the | ||
authority of Subchapters J and J-1, Chapter 49, Water Code, and | ||
Subchapter O, Chapter 51, Water Code. | ||
(b) The district may exclude territory on the basis that the | ||
land is in agricultural use only if the land meets the requirements | ||
for agricultural use under Section 23.51, Tax Code. | ||
(c) The district may exclude territory on the basis that the | ||
land is nonirrigated property only if the land meets the | ||
requirements for nonirrigated property under Section 49.309, Water | ||
Code. | ||
(d) The district may exclude territory on the basis of the | ||
property being urban property only if the property meets the | ||
requirements of Section 49.3181, Water Code. | ||
(e) The district may not exclude territory during the period | ||
of time between the first day that a candidate may file an | ||
application under Section 141.040, Election Code, and the day of | ||
the election in which that candidate appears on the ballot. | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9054.0201. DIRECTORS; TERMS. (a) The district is | ||
governed by a board of five directors. | ||
(b) Directors serve staggered terms of four years. | ||
Sec. 9054.0202. VACANCIES. (a) The district shall fill a | ||
vacancy on the board in accordance with Sections 49.105(a)-(c), | ||
Water Code. | ||
(b) If a position on the board becomes vacant on a date that | ||
is more than two years before the next scheduled date for an | ||
election for the office, the board shall: | ||
(1) appoint a person to fill the vacant office until a | ||
person elected to that office has qualified; and | ||
(2) hold an election to elect a member to fill the | ||
vacant office for the remainder of the unexpired term together with | ||
the next regularly scheduled election for other directors' offices. | ||
(c) Section 49.105(d) does not apply to the board. | ||
Sec. 9054.0203. QUALIFICATIONS FOR DIRECTOR. (a) To be | ||
qualified to serve as a director, a person: | ||
(1) must be eligible to hold office under Section | ||
141.001, Election Code, and Section 9054.0204; and | ||
(2) must: | ||
(A) own land subject to taxation in the district; | ||
(B) be a user of the facilities of the district; | ||
or | ||
(C) be a qualified voter of the district under | ||
Section 9054.0102. | ||
(b) Section 49.052, Water Code, applies to the district. | ||
Sec. 9054.0204. DISQUALIFICATION OF DIRECTORS. (a) A | ||
member of the governing body of another political subdivision is | ||
disqualified from serving as a director. | ||
(b) A director is disqualified from serving as a director | ||
if: | ||
(1) the director is appointed or elected as a member of | ||
the governing body of another political subdivision; or | ||
(2) the board determines a relationship or employment | ||
exists that constitutes a disqualification under Section | ||
49.052(a), Water Code. | ||
(c) A person is disqualified from serving as a director if | ||
the person or a relative of the person within the third degree by | ||
consanguinity or affinity, as determined by Chapter 573, Government | ||
Code: | ||
(1) received 10 percent or more of gross income for the | ||
previous year from a business entity or other organization, other | ||
than a governmental entity, that receives money from the district; | ||
(2) is employed by or participates in the management | ||
of a business entity or other organization, other than a | ||
governmental entity, that receives money from the district; | ||
(3) directly or indirectly owns or controls more than | ||
a 10 percent interest in the fair market value of a business or | ||
other organization that receives money from the district; | ||
(4) serves as a corporate officer or member of the | ||
board of directors of a business entity or other organization that | ||
receives money from the district; | ||
(5) is a creditor, debtor, or guarantor in an amount of | ||
$5,000 or more of a person or business entity that receives money | ||
from the district; | ||
(6) uses or receives a substantial amount of tangible | ||
goods, services, or money from the district other than compensation | ||
or reimbursement authorized by law; or | ||
(7) is required to register as a lobbyist under | ||
Chapter 305, Government Code, because of the person's activities | ||
for compensation on behalf of a profession related to the operation | ||
of the district. | ||
SECTION 2. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1056 passed the Senate on | ||
April 26, 2023, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 27, 2023, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1056 passed the House, with | ||
amendment, on May 24, 2023, by the following vote: Yeas 117, | ||
Nays 21, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |