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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(a), Chapter 78, Acts of the 53rd |
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Legislature, Regular Session, 1953, is amended 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. No person 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 the person [he] is |
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appointed. No member of a governing body of a city[,] and no |
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employee of a city shall be appointed as director. Such directors |
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shall subscribe the constitutional oath of office, and each shall |
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give bond for the faithful performance of the director's [his] |
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duties in the amount of Five Thousand ($5,000.00) Dollars, the cost |
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of which shall be paid by the District. A majority shall constitute |
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a quorum. |
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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. When [any city,] the territory of a city [which] is |
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[hereafter] annexed to the District, [contains 5,000 inhabitants or |
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more according to the most recent Federal Census, the governing |
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body of the city shall appoint one director for the term ending the |
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following May 31st, and one director for the term ending one year |
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after the following May 31st, and in May of each year shall appoint |
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one director for a two year term the same as provided in this Act for |
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cities originally included in the District. If such city contains |
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less 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, it shall thereafter |
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be entitled to two directors to be appointed as herein provided.] |
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SECTION 3. (a) A person who is appointed by the governing |
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bodies of the cities of Avinger, Hughes Springs, Jefferson, or Ore |
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City and is serving as a director of the Northeast Texas Municipal |
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Water District on the effective date of this Act shall continue to |
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serve as 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. |