By Greenberg                                          H.B. No. 2610
         76R8535 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the voting status of a county assessor-collector
 1-3     serving on the board of directors of an appraisal district.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 6.03, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 6.03.  Board of Directors.  (a)  The appraisal district
 1-8     is governed by a board of directors.  Five directors are appointed
 1-9     by the taxing units that participate in the district as provided by
1-10     this section.  If the county assessor-collector is not appointed to
1-11     the board, the county assessor-collector serves as a nonvoting
1-12     director.  The county assessor-collector is ineligible to serve if
1-13     the board enters into a contract under Section 6.05(b) or if the
1-14     commissioners court of the county enters into a contract under
1-15     Section 6.24(b).  The taxing units authorized to vote on
1-16     appointment of members of the board of directors as provided by
1-17     subsection (c) of this section may elect, as provided by Section
1-18     6.031(b), to authorize a county assessor-collector serving as a
1-19     director pursuant to this subsection to serve as a voting director
1-20     of the board of directors.  To be eligible to serve on the board of
1-21     directors, an individual other than a county assessor-collector
1-22     serving as a [nonvoting] director pursuant to this subsection must
1-23     be a resident of the district and must have resided in the district
1-24     for at least two years immediately preceding the date the
 2-1     individual takes office.  An individual who is otherwise eligible
 2-2     to serve on the board is not ineligible because of membership on
 2-3     the governing body of a taxing unit.  To be eligible to serve on
 2-4     the board of an appraisal district established for a county having
 2-5     a population of at least 200,000 bordering a county having a
 2-6     population of at least 2,000,000 and the Gulf of Mexico, an
 2-7     individual other than a county assessor-collector serving as a
 2-8     [nonvoting] director pursuant to this subsection must be a member
 2-9     of the governing body or an elected officer of a taxing unit
2-10     entitled to vote on the appointment of board members under this
2-11     section.  However, an employee of a taxing unit that participates
2-12     in the district is not eligible to serve on the board unless the
2-13     individual is also a member of the governing body or an elected
2-14     official of a taxing unit that participates in the district.
2-15           (b)  Members of the board of directors other than a county
2-16     assessor-collector serving as a [nonvoting] director pursuant to
2-17     subsection (a) serve two-year terms beginning on January 1 of
2-18     even-numbered years.
2-19           (c)  Members of the board of directors other than a county
2-20     assessor-collector serving as a [nonvoting] director pursuant to
2-21     subsection (a) are appointed by vote of the governing bodies of the
2-22     incorporated cities and towns, the school districts, and, if
2-23     entitled to vote, the conservation and reclamation districts that
2-24     participate in the district and of the county.  A governing body
2-25     may cast all its votes for one candidate or distribute them among
2-26     candidates for any number of directorships.  Conservation and
2-27     reclamation districts are not entitled to vote unless at least one
 3-1     conservation and reclamation district in the district delivers to
 3-2     the chief appraiser a written request to nominate and vote on the
 3-3     board of directors by June 1 of each odd-numbered year.  On receipt
 3-4     of a request, the chief appraiser shall certify a list by June 15
 3-5     of all eligible conservation and reclamation districts that are
 3-6     imposing taxes and that participate in the district.
 3-7           (d)  The voting entitlement of a taxing unit that is entitled
 3-8     to vote for directors is determined by dividing the total dollar
 3-9     amount of property taxes imposed in the district by the taxing unit
3-10     for the preceding tax year by the sum of the total dollar amount of
3-11     property taxes imposed in the district for that year by each taxing
3-12     unit that is entitled to vote, by multiplying the quotient by
3-13     1,000, and by rounding the product to the nearest whole number.
3-14     That number is multiplied by the number of directorships to be
3-15     filled. A taxing unit participating in two or more districts is
3-16     entitled to vote in each district in which it participates, but
3-17     only the taxes imposed in a district are used to calculate voting
3-18     entitlement in that district.
3-19           (e)  The chief appraiser shall calculate the number of votes
3-20     to which each taxing unit other than a conservation and reclamation
3-21     district is entitled and shall deliver written notice to each of
3-22     those units of its voting entitlement before October 1 of each
3-23     odd-numbered year.  The chief appraiser shall deliver the notice:
3-24                 (1)  to the county judge and each commissioner of the
3-25     county served by the appraisal district;
3-26                 (2)  to the presiding officer of the governing body of
3-27     each city or town participating in the appraisal district, to the
 4-1     city manager of each city or town having a city manager, and to the
 4-2     city secretary or clerk, if there is one, of each city or town that
 4-3     does not have a city manager; and
 4-4                 (3)  to the presiding officer of the governing body of
 4-5     each school district participating in the district and to the
 4-6     superintendent of those school districts.
 4-7           (f)  The chief appraiser shall calculate the number of votes
 4-8     to which each conservation and reclamation district entitled to
 4-9     vote for district directors is entitled and shall deliver written
4-10     notice to the presiding officer of each conservation and
4-11     reclamation district of its voting entitlement and right to
4-12     nominate a person to serve as a director of the district before
4-13     July 1 of each odd-numbered year.
4-14           (g)  Each taxing unit other than a conservation and
4-15     reclamation district that is entitled to vote may nominate by
4-16     resolution adopted by its governing body one candidate for each
4-17     position to be filled on the board of directors.  The presiding
4-18     officer of the governing body of the unit shall submit the names of
4-19     the unit's nominees to the chief appraiser before October 15.
4-20           (h)  Each conservation and reclamation district entitled to
4-21     vote may nominate by resolution adopted by its governing body one
4-22     candidate for the district's board of directors.  The presiding
4-23     officer of the conservation and reclamation district's governing
4-24     body shall submit the name of the district's nominee to the chief
4-25     appraiser before July 15 of each odd-numbered year.  Before August
4-26     1, the chief appraiser shall prepare a nominating ballot, listing
4-27     all the nominees of conservation and reclamation districts
 5-1     alphabetically by surname, and shall deliver a copy of the
 5-2     nominating ballot to the presiding officer of the board of
 5-3     directors of each district.  The board of directors of each
 5-4     district shall determine its vote by resolution and submit it to
 5-5     the chief appraiser before August 15.  The nominee on the ballot
 5-6     with the most votes is the nominee of the conservation and
 5-7     reclamation districts in the appraisal district if the nominee
 5-8     received more than 10 percent of the votes entitled to be cast by
 5-9     all of the conservation and reclamation districts in the appraisal
5-10     district, and shall be named on the ballot with the candidates
5-11     nominated by the other taxing units.  The chief appraiser shall
5-12     resolve a tie vote by any method of chance.
5-13           (i)  If no nominee of the conservation and reclamation
5-14     districts receives more than 10 percent of the votes entitled to be
5-15     cast under Subsection (h), the chief appraiser, before September 1,
5-16     shall notify the presiding officer of the board of directors of
5-17     each conservation and reclamation district of the failure to select
5-18     a nominee.  Each conservation and reclamation district may submit a
5-19     nominee by September 15 to the chief appraiser as provided by
5-20     Subsection (h).  The chief appraiser shall submit a second
5-21     nominating ballot by October 1 to the conservation and reclamation
5-22     districts as provided by Subsection (h).  The conservation and
5-23     reclamation districts shall submit their votes for nomination
5-24     before October 15 as provided by Subsection (h).  The nominee on
5-25     the second nominating ballot with the most votes is the nominee of
5-26     the conservation and reclamation districts in the appraisal
5-27     district and shall be named on the ballot with the candidates
 6-1     nominated by the other taxing units.  The chief appraiser shall
 6-2     resolve a tie vote by any method of chance.
 6-3           (j)  Before October 30, the chief appraiser shall prepare a
 6-4     ballot, listing the candidates alphabetically according to the
 6-5     first letter in each candidate's surname, and shall deliver a copy
 6-6     of the ballot to the presiding officer of the governing body of
 6-7     each taxing unit that is entitled to vote.
 6-8           (k)  The governing body of each taxing unit entitled to vote
 6-9     shall determine its vote by resolution and submit it to the chief
6-10     appraiser before November 15.  The chief appraiser shall count the
6-11     votes, declare the five candidates who receive the largest
6-12     cumulative vote totals elected, and submit the results before
6-13     December 1 to the governing body of each taxing unit in the
6-14     district and to the candidates. For purposes of determining the
6-15     number of votes received by the candidates, the candidate receiving
6-16     the most votes of the conservation and reclamation districts is
6-17     considered to have received all of the votes cast by conservation
6-18     and reclamation districts and the other candidates are considered
6-19     not to have received any votes of the conservation and reclamation
6-20     districts. The chief appraiser shall resolve a tie vote by any
6-21     method of chance.
6-22           (l)  If a vacancy occurs on the board of directors other than
6-23     a vacancy in the position held by a county assessor-collector
6-24     serving as a [nonvoting] director pursuant to subsection (a); each
6-25     taxing unit that is entitled to vote by this section may nominate
6-26     by resolution adopted by its governing body a candidate to fill the
6-27     vacancy.  The unit shall submit the name of its nominee to the
 7-1     chief appraiser within 10 days after notification from the board of
 7-2     directors of the existence of the vacancy, and the chief appraiser
 7-3     shall prepare and deliver to the board of directors within the next
 7-4     five days a list of the nominees.  The board of directors shall
 7-5     elect by majority vote of its members one of the nominees to fill
 7-6     the vacancy.
 7-7           (m)  If a school district participates in an appraisal
 7-8     district in which the only property of the school district located
 7-9     in the appraisal district is property annexed to the school
7-10     district under Subchapter C or G, Chapter 36, Education Code, an
7-11     individual who does not meet the residency requirements of
7-12     Subsection (a) is eligible to be appointed to the board of
7-13     directors of the appraisal district if:
7-14                 (1)  the individual is a resident of the school
7-15     district; and
7-16                 (2)  the individual is nominated as a candidate for the
7-17     board of directors by the school district or, if the taxing units
7-18     have adopted a change in the method of appointing board members
7-19     that does not require a nomination, the school district appoints or
7-20     participates in the appointment of the individual.
7-21           SECTION 2.  Section 6.031, Tax Code, is amended to read as
7-22     follows:
7-23           Sec. 6.031.  Changes in Board Membership or Selection.
7-24     (a)  The board of directors of an appraisal district, by resolution
7-25     adopted and delivered to each taxing unit participating in the
7-26     district before August 15, may increase the number of members on
7-27     the board of directors of the district to not more than 13, change
 8-1     the method or procedure for appointing the members, or both, unless
 8-2     the governing body of a taxing unit that is entitled to vote on the
 8-3     appointment of board members adopts a resolution opposing the
 8-4     change, and files it with the board of directors before September
 8-5     1.  If a change is rejected, the board shall notify, in writing,
 8-6     each taxing unit participating in the district before September 15.
 8-7           (b)  The taxing units participating in an appraisal district
 8-8     may increase the number of members on the board of directors of the
 8-9     district to not more than 13, change the method or procedure for
8-10     appointing the members, or [both,] elect to authorize a county
8-11     assessor-collector serving on the board of directors as provided by
8-12     Section 6.03(a) to serve as a voting director, if the governing
8-13     bodies of three-fourths of the taxing units that are entitled to
8-14     vote on the appointment of board members adopt resolutions
8-15     providing for the change.  However, a change under this subsection
8-16     is not valid if it reduces the voting entitlement of one or more
8-17     taxing units that do not adopt a resolution proposing it to less
8-18     than a majority of the voting entitlement under Section 6.03 of
8-19     this code or if it reduces the voting entitlement of any taxing
8-20     unit that does not adopt a resolution proposing it to less than 50
8-21     percent of its voting entitlement under Section 6.03 of this code
8-22     and if that taxing unit's allocation of the budget is not reduced
8-23     to the same proportional percentage amount, or if it expands the
8-24     types of taxing units that are entitled to vote on appointment of
8-25     board members.
8-26           (c)  An official copy of a resolution under this section
8-27     other than a resolution authorizing a county assessor-collector
 9-1     serving pursuant to Section 6.03(a) to serve as a voting member,
 9-2     must be filed with the chief appraiser of the appraisal district
 9-3     after June 30 and before October 1 of a year in which board members
 9-4     are appointed or the resolution is ineffective.
 9-5           (d)  Before October 5 of each year in which board members are
 9-6     appointed, the chief appraiser shall determine whether a sufficient
 9-7     number of eligible taxing units have filed valid resolutions
 9-8     proposing a change, other than a change in the voting status of a
 9-9     county assessor-collector serving as a member of the board of
9-10     directors as provided by Section 6.03(a), for the change to take
9-11     effect.  The chief appraiser shall notify each taxing unit
9-12     participating in the district of each change that is adopted before
9-13     October 10.
9-14           (e)  A change in membership or selection made as provided by
9-15     this section remains in effect until changed in a manner provided
9-16     by this section or rescinded by resolution of a majority of the
9-17     governing bodies that are entitled to vote on appointment of board
9-18     members under Section 6.03 of this code.  A change in the voting
9-19     status of a county assessor-collector serving as a member of the
9-20     board of directors as provided by Section 6.03(a) remains in effect
9-21     until rescinded by resolution of three-fourths (3/4) of the taxing
9-22     units entitled to vote on the appointment of board members.
9-23           (f)  A provision of Section 6.03 of this code that is subject
9-24     to change under this section but is not expressly changed by
9-25     resolution of a sufficient number of eligible taxing units remains
9-26     in effect.