BILL ANALYSIS S.B. 1647 By: Madla (King) May 11, 1995 Committee Report (Unamended) BACKGROUND Currently, the governing board of the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 is composed of five members who are elected at-large from within the district's boundaries. The process of electing members at-large creates the possibility that landowners may not be evenly represented and subject to future challenges under the Voting Rights Act. PURPOSE As proposed, S.B. 1647 requires the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 to be divided into single-member precincts for the purpose of electing members to the district's board of directors. 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. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITIONS. Defines "board" and "district." SECTION 2. CONVERSION TO SEVEN-MEMBER BOARD. (a) Requires the board of directors of the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 (board) in office on the effective date of this Act to divide the district into five numbered single-member precincts not later than January 1, 1996. (b) Provides that the division of the district into single-member precincts does not affect the terms of directors in office on the effective date of this Act, and that, on expiration of a director's term, the director's position is converted to a single-member precinct position. (c) Requires five directors to be elected at the board election held on the first Saturday in May of 1996. Sets forth requirements for the election, and authorizes a director whose term expires in 1996 to seek election to an at-large position or a single-member position for which the director qualifies. (d) Sets forth term limits. (e) Sets forth further requirements for the May 1998 election. (f) Requires the appropriate number of directors to be elected at each subsequent board election on the first Saturday in May of even-numbered years so that the board consists of one director elected from each of the district's five single-member precincts and two directors elected from the district at large. SECTION 3. TERMS. Provides that directors of the district serve staggered four-year terms, except as provided by Section 2(d) of this Act. SECTION 4. QUALIFICATIONS OF DIRECTORS. Requires a person seeking to represent a single-member precinct of the district to own land in the precinct sought to be represented. Requires a person seeking to represent the district at large to own land in the district. SECTION 5. APPLICATION FOR PLACEMENT ON BALLOT. Requires a person seeking to be placed on the ballot for a board election to indicate that the person wishes to run for a position representing the district at large, or identify the single-member precinct from which the person wishes to run. SECTION 6. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) Declares that the proper and legal notice of the intention to introduce this Act has been published as provided by law and furnished to all entities required by the laws of this state. (b) Declares that the Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (c) Declares that 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 7. Effective date: September 1, 1995. SECTION 8. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 1647 was considered by the committee in a formal meeting on May 11, 1995. No testimony was received. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.