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A BILL TO BE ENTITLED
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AN ACT
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relating to the term of office for a director of the Northeast Texas |
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Municipal Water District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Chapter 78, Acts of the 53rd |
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Legislature, Regular Session, 1953, is amended by amending |
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Subsection (a) and adding Subsection (a-1) to read as follows: |
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(a) All powers of the District shall be exercised by a Board |
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of Directors. Such directors shall be appointed by a majority vote |
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of [for] the governing body of each of the cities contained in the |
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District. [In appointing the first directors for a city containing |
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5,000 population or more according to the most recent Federal |
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Census, the governing body of such city shall appoint one director |
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who shall serve to and including May 31, 1954, and one who shall |
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serve to and including May 31, 1955.] In [May, 1954, and in] May of |
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each even-numbered year [thereafter], the governing bodies [body] |
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of Avinger, Hughes Springs, Jefferson, and Ore City each [such |
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city] shall appoint one director for a [the] two year term beginning |
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on June 1 [1st] of that year. In May of each odd-numbered year, the |
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governing bodies of Daingerfield, Lone Star, and Pittsburg each |
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shall appoint one director for a two year term beginning on June 1 |
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of that year. [In appointing the first director for a city of less |
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than 5,000 population according to the most recent Federal Census, |
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the governing body of such city shall appoint one director who shall |
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serve to and including May 31, 1954. In May, 1954, and in May of |
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each even year thereafter, the governing body shall appoint one |
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director for the two year term beginning on June 1st of that year.] |
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Each director shall serve for the director's [his] term of office as |
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herein provided, and thereafter until the director's [his] |
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successor shall be appointed and qualified. A governing body of a |
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city may not appoint a [No] person to the position of [shall be |
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appointed] a director unless the person [he] resides in and owns |
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taxable property in the city [from which he is appointed]. A |
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governing body of a city may not appoint a [No] member of a |
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governing body of a city or an [, and no] employee of a city [shall |
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be appointed as director]. Such directors shall subscribe the |
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constitutional oath of office, and each shall give bond for the |
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faithful performance of the director's [his] duties in the amount |
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of Five Thousand ($5,000.00) Dollars, the cost of which shall be |
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paid by the District. A majority shall constitute a quorum. |
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(a-1) If the population of a city described by Subsection |
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(a) of this section is 5,000 or more, the governing body of the city |
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is entitled to appoint a second director to serve a term that ends |
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on May 31 of the year following the expiration of the term of the |
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serving director appointed by the governing body of that city under |
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Subsection (a) of this section and every second year thereafter. If |
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the population of the city described by Subsection (a) of this |
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section is less than 5,000 and the governing body of the city has |
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two director positions by an earlier application of this |
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subsection, the governing body of the city is entitled to appoint |
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only one director and the director position for the city that |
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expires on the first May 31 following the most recent federal |
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decennial census that shows a population less than 5,000 is |
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eliminated effective on that date. |
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SECTION 2. Section 6, Chapter 78, Acts of the 53rd |
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Legislature, Regular Session, 1953, is amended to read as follows: |
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Sec. 6. (a) This section applies only to the annexation of a |
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city by the District other than the cities described by Section 3 of |
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this Act. |
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(b) When [any city,] the territory of a city with a |
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population of 5,000 [which] is [hereafter] annexed to the District, |
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[contains 5,000 inhabitants or more according to the most recent |
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Federal Census], the governing body of the city shall appoint one |
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director for the term ending the following May 31 [31st], and one |
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director for the term ending one year after the following May 31 |
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[31st], and in May of each year shall appoint one director for a two |
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year term the same as provided in this Act for cities described by |
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Section 3(a-1) of this Act [originally included in the District]. |
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If the population of the annexed city at a later date is less than |
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5,000, the governing body of the city is entitled to appoint only |
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one director and the director position for that city that expires on |
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the first May 31 following the most recent federal decennial census |
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that shows a population less than 5,000 is eliminated effective on |
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that date. |
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(c) When the territory of a city with a population of less |
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than 5,000 is annexed to the District [If such city contains less |
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than 5,000 inhabitants according to the most recent Federal |
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Census], the governing body of the city shall appoint one director |
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whose term shall expire the following May 31 [31st], and in May of |
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each second year thereafter shall appoint one director for a two |
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year term beginning on June 1 of that year and expiring on May 31 two |
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years later. Whenever such city may later attain a population of |
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5,000 or more [according to the Federal Census], the governing body |
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of the city is [it shall thereafter be] entitled to appoint two |
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directors in the manner [to be appointed as herein] provided by |
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Section 3(a-1) of this Act. |
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(d) A person appointed as a director under this section must |
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meet the qualifications for office provided by Section 3(a) of this |
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Act. |
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SECTION 3. (a) A person who is appointed by the governing |
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body of the city of Avinger, Hughes Springs, Jefferson, or Ore City |
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and is serving as a director of the Northeast Texas Municipal Water |
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District on the effective date of this Act may continue to serve as |
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a director for a term of office that expires May 31, 2024. |
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(b) As soon as practicable after the effective date of this |
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Act, the governing bodies of the cities of Daingerfield, Lone Star, |
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and Pittsburg shall each appoint a person to serve as a director of |
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the Northeast Texas Municipal Water District for a term of office |
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that begins June 1, 2023, and expires May 31, 2025. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |