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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of directors in certain special utility |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 65, Water Code, is amended |
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by adding Section 65.104 to read as follows: |
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Sec. 65.104. OPTION TO IMPLEMENT SINGLE-MEMBER DISTRICTS. |
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(a) The board of a district, on its own motion, may order that |
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directors of the district are to be elected from single-member |
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districts. |
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(b) Before adopting an order under Subsection (a), the board |
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must: |
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(1) hold a public hearing at which registered voters |
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of the district are given an opportunity to comment on whether or |
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not they favor the election of directors in the manner proposed by |
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the board; and |
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(2) publish notice of the hearing in a newspaper that |
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has general circulation in the district, not later than the seventh |
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day before the date of the hearing. |
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(c) An order of the board adopted under Subsection (a) must |
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be entered not later than the 120th day before the date of the first |
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election at which the directors are elected from single-member |
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districts authorized by the order. |
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(d) If single-member districts are adopted as provided by |
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this section, the board shall divide the district into the |
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appropriate number of districts, based on the number of members of |
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the board that are to be elected from single-member districts, and |
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shall number each district. The districts must be compact and |
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contiguous and must be as nearly as practicable of equal |
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population. The districts must be drawn not later than the 90th day |
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before the date of the first election of directors from those |
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districts. |
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(e) Residents of each district are entitled to elect one |
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director to the board. Except as provided by Subsection (f), a |
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candidate who seeks to represent a single-member district must be a |
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resident of the district the candidate seeks to represent. A person |
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appointed to fill a vacancy in a district must be a resident of that |
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district. A director vacates the office if the director fails to |
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establish residency in the district the director represents within |
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the time provided by Subsection (f) or ceases to reside in the |
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district the director represents. |
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(f) At the first election at which the directors are elected |
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in a manner authorized by this section, a director elected to |
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represent the district must be a resident of the district the |
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director represents not later than: |
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(1) the 90th day after the date election returns are |
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canvassed; or |
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(2) the 60th day after the date of a final judgment in |
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an election contest filed concerning that district. |
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(g) At the first election at which the directors are elected |
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in a manner authorized by this section and after each |
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redistricting, all positions on the board shall be filled. The |
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directors then elected shall draw lots for staggered terms as |
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provided by a policy of the board. |
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(h) Not later than the 90th day before the date of the first |
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general election at which directors may officially recognize and |
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act on the last preceding federal census, the board shall redivide |
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the district into the appropriate number of districts if the census |
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data indicates that the population of the most populous district |
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exceeds the population of the least populous district by more than |
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10 percent. Redivision of the district shall be in the manner |
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provided for division of the district under Subsection (d). |
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SECTION 2. This Act takes effect September 1, 2023. |