BILL ANALYSIS

S.B. 1226

By: Hughes

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Northeast Texas Municipal Water District was created by the Texas Legislature in 1953 to, among other things, serve the water needs of its member cities in the Big Cypress Creek Basin. The district is governed by a board of directors whose members are appointed by the governing body of each of the district's seven member cities, which are the cities of Avinger, Hughes Springs, Jefferson, Ore City, Daingerfield, Lone Star, and Pittsburg. The district's enabling legislation provides for an appointment schedule that fails to stagger appointments, potentially allowing the entire board to turn over at once. For over half a century, the member cities have addressed this by voluntarily staggering their appointments so that three member cities appoint their directors in one year and the other four member cities appoint their directors the following year. S.B. 1226 seeks to address this issue by providing for a staggered appointment schedule to conform to this longstanding practice of the member cities to stagger appointments.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1226 amends Chapter 78, Acts of the 53rd Legislature, Regular Session, 1953, to do the following with respect to the Northeast Texas Municipal Water District:

· require the governing bodies of Avinger, Hughes Springs, Jefferson, and Ore City to each appoint, in May of each even-numbered year, one director for a two year term beginning on June 1 of that year; and

· require the governing bodies of Daingerfield, Lone Star, and Pittsburg to each appoint, in May of each odd-numbered year, one director for a two year term beginning on June 1 of that year.

The bill sets out provisions retaining the entitlement of the governing body of a city with a population of 5,000 or more, including the governing body of such a city annexed to the district, to appoint two directors and retaining the entitlement of the governing body of a city with a population of less than 5,000, including the governing body of such a city annexed to the district, to appoint only one director. The bill also provides for the elimination of a director position of a city that has two director positions but that falls below the population threshold that entitles the city to those two positions. The bill requires a person appointed as a director from an applicable city annexed by the district to meet the same qualifications for office applicable to the other cities in the district.

S.B. 1226 authorizes a person who is appointed by the governing body of the city of Avinger, Hughes Springs, Jefferson, or Ore City and is serving as a director of the district on the bill's effective date to continue to serve as a director for a term of office that expires May 31, 2024. The bill requires the governing bodies of the cities of Daingerfield, Lone Star, and Pittsburg, as soon as practicable after the bill's effective date, to each appoint a person to serve as a director of the district for a term of office that begins June 1, 2023, and expires May 31, 2025.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.