By Mowery                                             H.B. No. 1780
         77R2660 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the selection of the board of directors of an appraisal
 1-3     district.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 6.03, 6.031, and 6.033, Tax Code, are
 1-6     amended to read as follows:
 1-7           Sec. 6.03.  BOARD OF DIRECTORS. (a)  The appraisal district
 1-8     is governed by a board of directors.  In an appraisal district
 1-9     established for a county with a population of less than 50,000, the
1-10     board consists of seven directors.  The county assessor-collector
1-11     is a director by virtue of the person's office. Three directors
1-12     other than the county assessor-collector are elected at the general
1-13     election for state and county officers, and three [Five] directors
1-14     are appointed by the taxing units that participate in the district
1-15     as provided by this section.  In an appraisal district established
1-16     for a county with a population of 50,000 or more, the board
1-17     consists of 15 directors.  The county assessor-collector is a
1-18     director by virtue of the person's office.  Seven directors other
1-19     than the county assessor-collector are elected at the general
1-20     election for state and county officers, and seven directors are
1-21     appointed by the taxing units that participate in the district as
1-22     provided by this section.  [If the county assessor-collector is not
1-23     appointed to the board, the county assessor-collector serves as a
1-24     nonvoting director.  The county assessor-collector is ineligible to
 2-1     serve if the board enters into a contract under Section 6.05(b) or
 2-2     if the commissioners court of the county enters into a contract
 2-3     under Section 6.24(b).] To be eligible to serve on the board of
 2-4     directors, an individual other than a county assessor-collector
 2-5     [serving as a nonvoting director] must be a resident of the
 2-6     district and must have resided in the district for at least two
 2-7     years immediately preceding the date the individual takes office.
 2-8     An individual who is otherwise eligible to serve on the board as a
 2-9     member appointed by the taxing units participating in the district
2-10     is not ineligible because of membership on the governing body of a
2-11     taxing unit.  An employee of a taxing unit that participates in the
2-12     district is not eligible to serve on the board as a member
2-13     appointed by the taxing units participating in the district unless
2-14     the individual is also a member of the governing body or an elected
2-15     official of a taxing unit that participates in the district.
2-16           (b)  Members of the board of directors other than a county
2-17     assessor-collector [serving as a nonvoting director] serve two-year
2-18     terms.  The terms of directors elected at a general election begin
2-19     on January 1 of odd-numbered years.  The terms of directors
2-20     appointed by the taxing units begin [beginning] on January 1 of
2-21     even-numbered years.
2-22           (c)  Members of the board of directors other than a county
2-23     assessor-collector and other than the members elected at the
2-24     general election [serving as a nonvoting director] are appointed by
2-25     vote of the governing bodies of the incorporated cities and towns,
2-26     the school districts, and, if entitled to vote, the conservation
2-27     and reclamation districts that participate in the district and of
 3-1     the county.  A governing body may cast all its votes for one
 3-2     candidate or distribute them among candidates for any number of
 3-3     directorships.  Conservation and reclamation districts are not
 3-4     entitled to vote unless at least one conservation and reclamation
 3-5     district in the district delivers to the chief appraiser a written
 3-6     request to nominate and vote on the board of directors by June 1 of
 3-7     each odd-numbered year.  On receipt of a request, the chief
 3-8     appraiser shall certify a list by June 15 of all eligible
 3-9     conservation and reclamation districts that are imposing taxes and
3-10     that participate in the district.
3-11           (d)  The voting entitlement of a taxing unit that is entitled
3-12     to vote for directors is determined by dividing the total dollar
3-13     amount of property taxes imposed in the district by the taxing unit
3-14     for the preceding tax year by the sum of the total dollar amount of
3-15     property taxes imposed in the district for that year by each taxing
3-16     unit that is entitled to vote, by multiplying the quotient by
3-17     1,000, and by rounding the product to the nearest whole number.
3-18     That number is multiplied by the number of directorships to be
3-19     filled.  A taxing unit participating in two or more districts is
3-20     entitled to vote in each district in which it participates, but
3-21     only the taxes imposed in a district are used to calculate voting
3-22     entitlement in that district.
3-23           (e)  The chief appraiser shall calculate the number of votes
3-24     to which each taxing unit other than a conservation and reclamation
3-25     district is entitled and shall deliver written notice to each of
3-26     those units of its voting entitlement before October 1 of each
3-27     odd-numbered year.  The chief appraiser shall deliver the notice:
 4-1                 (1)  to the county judge and each commissioner of the
 4-2     county served by the appraisal district;
 4-3                 (2)  to the presiding officer of the governing body of
 4-4     each city or town participating in the appraisal district, to the
 4-5     city manager of each city or town having a city manager, and to the
 4-6     city secretary or clerk, if there is one, of each city or town that
 4-7     does not have a city manager; and
 4-8                 (3)  to the presiding officer of the governing body of
 4-9     each school district participating in the district and to the
4-10     superintendent of those school districts.
4-11           (f)  The chief appraiser shall calculate the number of votes
4-12     to which each conservation and reclamation district entitled to
4-13     vote for district directors is entitled and shall deliver written
4-14     notice to the presiding officer of each conservation and
4-15     reclamation district of its voting entitlement and right to
4-16     nominate a person to serve as a director of the district before
4-17     July 1 of each odd-numbered year.
4-18           (g)  Each taxing unit other than a conservation and
4-19     reclamation district that is entitled to vote may nominate by
4-20     resolution adopted by its governing body one candidate for each
4-21     position to be filled on the board of directors.  The presiding
4-22     officer of the governing body of the unit shall submit the names of
4-23     the unit's nominees to the chief appraiser before October 15.
4-24           (h)  Each conservation and reclamation district entitled to
4-25     vote may nominate by resolution adopted by its governing body one
4-26     candidate for the district's board of directors.  The presiding
4-27     officer of the conservation and reclamation district's governing
 5-1     body shall submit the name of the district's nominee to the chief
 5-2     appraiser before July 15 of each odd-numbered year.  Before August
 5-3     1, the chief appraiser shall prepare a nominating ballot, listing
 5-4     all the nominees of conservation and reclamation districts
 5-5     alphabetically by surname, and shall deliver a copy of the
 5-6     nominating ballot to the presiding officer of the board of
 5-7     directors of each district.  The board of directors of each
 5-8     district shall determine its vote by resolution and submit it to
 5-9     the chief appraiser before August 15.  The nominee on the ballot
5-10     with the most votes is the nominee of the conservation and
5-11     reclamation districts in the appraisal district if the nominee
5-12     received more than 10 percent of the votes entitled to be cast by
5-13     all of the conservation and reclamation districts in the appraisal
5-14     district, and shall be named on the ballot with the candidates
5-15     nominated by the other taxing units.  The chief appraiser shall
5-16     resolve a tie vote by any method of chance.
5-17           (i)  If no nominee of the conservation and reclamation
5-18     districts receives more than 10 percent of the votes entitled to be
5-19     cast under Subsection (h), the chief appraiser, before September 1,
5-20     shall notify the presiding officer of the board of directors of
5-21     each conservation and reclamation district of the failure to select
5-22     a nominee.  Each conservation and reclamation district may submit a
5-23     nominee by September 15 to the chief appraiser as provided by
5-24     Subsection (h).  The chief appraiser shall submit a second
5-25     nominating ballot by October 1 to the conservation and reclamation
5-26     districts as provided by Subsection (h).  The conservation and
5-27     reclamation districts shall submit their votes for nomination
 6-1     before October 15 as provided by Subsection (h).  The nominee on
 6-2     the second nominating ballot with the most votes is the nominee of
 6-3     the conservation and reclamation districts in the appraisal
 6-4     district and shall be named on the ballot with the candidates
 6-5     nominated by the other taxing units.  The chief appraiser shall
 6-6     resolve a tie vote by any method of chance.
 6-7           (j)  Before October 30, the chief appraiser shall prepare a
 6-8     ballot, listing the candidates alphabetically according to the
 6-9     first letter in each candidate's surname, and shall deliver a copy
6-10     of the ballot to the presiding officer of the governing body of
6-11     each taxing unit that is entitled to vote.
6-12           (k)  The governing body of each taxing unit entitled to vote
6-13     shall determine its vote by resolution and submit it to the chief
6-14     appraiser before November 15.  The chief appraiser shall count the
6-15     votes, declare the three [five] candidates who receive the largest
6-16     cumulative vote totals appointed for an appraisal district
6-17     established for a county with a population of less than 50,000, or
6-18     the seven candidates who receive the largest cumulative vote totals
6-19     appointed for an appraisal district established for a county with a
6-20     population of 50,000 or more [elected], and submit the results
6-21     before December 1 to the governing body of each taxing unit in the
6-22     district and to the candidates.  For purposes of determining the
6-23     number of votes received by the candidates, the candidate receiving
6-24     the most votes of the conservation and reclamation districts is
6-25     considered to have received all of the votes cast by conservation
6-26     and reclamation districts and the other candidates are considered
6-27     not to have received any votes of the conservation and reclamation
 7-1     districts. The chief appraiser shall resolve a tie vote by any
 7-2     method of chance.
 7-3           (l)  If a vacancy occurs in an appointed position on the
 7-4     board of directors [other than a vacancy in the position held by a
 7-5     county assessor-collector serving as a nonvoting director], each
 7-6     taxing unit that is entitled to vote by this section may nominate
 7-7     by resolution adopted by its governing body a candidate to fill the
 7-8     vacancy.  The unit shall submit the name of its nominee to the
 7-9     chief appraiser within 10 days after notification from the board of
7-10     directors of the existence of the vacancy, and the chief appraiser
7-11     shall prepare and deliver to the board of directors within the next
7-12     five days a list of the nominees.  The board of directors shall
7-13     appoint [elect] by majority vote of its members one of the nominees
7-14     to fill the vacancy.  If a vacancy occurs in an elected position on
7-15     the board of directors, the board of directors shall appoint by
7-16     majority vote of its members a person to fill the vacancy.  A
7-17     person appointed to fill a vacancy in an elected position must have
7-18     the qualifications required of a director elected at a general
7-19     election.
7-20           (m)  If a school district participates in an appraisal
7-21     district in which the only property of the school district located
7-22     in the appraisal district is property annexed to the school
7-23     district under Subchapter C or G, Chapter 41, Education Code, an
7-24     individual who does not meet the residency requirements of
7-25     Subsection (a)  is eligible to be appointed to the board of
7-26     directors of the appraisal district by the taxing units
7-27     participating in the appraisal district if:
 8-1                 (1)  the individual is a resident of the school
 8-2     district; and
 8-3                 (2)  the individual is nominated as a candidate for the
 8-4     board of directors by the school district or, if the taxing units
 8-5     have adopted a change in the method of appointing board members
 8-6     that does not require a nomination, the school district appoints or
 8-7     participates in the appointment of the individual.
 8-8           Sec. 6.031.  CHANGES IN BOARD MEMBERSHIP [OR SELECTION].  (a)
 8-9     The board of directors of an appraisal district established for a
8-10     county with a population of less than 50,000, by resolution adopted
8-11     and delivered to each taxing unit participating in the district
8-12     before May [August] 15, may increase the number of members on the
8-13     board of directors of the district to not more than 15 [13], change
8-14     the method or procedure for appointing the members appointed by the
8-15     taxing units participating in the district, or both, unless the
8-16     governing body of a taxing unit that is entitled to vote on the
8-17     appointment of board members adopts a resolution opposing the
8-18     change in the method or procedure for appointing those members, and
8-19     files it with the board of directors before June [September] 1.  If
8-20     a change in the method or procedure for appointing those members is
8-21     rejected, the board shall notify, in writing, each taxing unit
8-22     participating in the district before June [September] 15.
8-23           (b)  The taxing units participating in an appraisal district
8-24     established for a county with a population of less than 50,000 may
8-25     increase the number of members on the board of directors of the
8-26     district to not more than 15 [13], change the method or procedure
8-27     for appointing the members appointed by the taxing units
 9-1     participating in the district, or both, if the governing bodies of
 9-2     three-fourths of the taxing units that are entitled to vote on the
 9-3     appointment of board members adopt resolutions providing for the
 9-4     change.  However, a change under this subsection in the method or
 9-5     procedure for selecting members appointed by the taxing units
 9-6     participating in the district is not valid if it reduces the voting
 9-7     entitlement of one or more taxing units that do not adopt a
 9-8     resolution proposing it to less than a majority of the voting
 9-9     entitlement under Section 6.03 [of this code] or if it reduces the
9-10     voting entitlement of any taxing unit that does not adopt a
9-11     resolution proposing it to less than 50 percent of its voting
9-12     entitlement under Section 6.03 [of this code] and if that taxing
9-13     unit's allocation of the budget is not reduced to the same
9-14     proportional percentage amount, or if it expands the types of
9-15     taxing units that are entitled to vote on appointment of board
9-16     members.
9-17           (c)  An official copy of a resolution under this section must
9-18     be filed with the chief appraiser of the appraisal district after
9-19     May [June] 30 and before August [October] 1 [of a year in which
9-20     board members are appointed] or the resolution is ineffective.
9-21           (d)  Before August 15 [October 5 of each year in which board
9-22     members are appointed,] the chief appraiser shall determine whether
9-23     a sufficient number of eligible taxing units have filed valid
9-24     resolutions proposing a change for the change to take effect.  The
9-25     chief appraiser shall notify each taxing unit participating in the
9-26     district of each change that is adopted before August 30 [October
9-27     10]. A change in the method or procedure for selecting members
 10-1    appointed by the taxing units participating in the district that is
 10-2    adopted takes effect on the date the chief appraiser notifies the
 10-3    taxing units of the change.  An increase in the number of members
 10-4    of the board takes effect on January 1 of the first year after the
 10-5    date the chief appraiser notifies the taxing units of the increase.
 10-6          (e)  If the number of members of the board is increased under
 10-7    this section, at least one-half of the total number of members, as
 10-8    increased, other than the county assessor-collector, shall be
 10-9    elected at the general election for state and county officers.  The
10-10    board of directors by majority vote of its members may increase the
10-11    number of members to be elected to more than the minimum number
10-12    required by this subsection.
10-13          (f)  A change in [membership or] selection of the board
10-14    members appointed by the taxing units participating in the district
10-15    made as provided by this section remains in effect until changed in
10-16    a manner provided by this section or rescinded by resolution of a
10-17    majority of the governing bodies that are entitled to vote on
10-18    appointment of board members under Section 6.03 [of this code].
10-19          (g) [(f)]  A provision of Section 6.03 [of this code] that is
10-20    subject to change under this section but is not expressly changed
10-21    by resolution of a sufficient number of eligible taxing units
10-22    remains in effect.
10-23          (h) [(g)]  For purposes of this section, the conservation and
10-24    reclamation districts in an appraisal district are considered to be
10-25    entitled to vote on the appointment of appraisal district directors
10-26    if:
10-27                (1)  a conservation and reclamation district has filed
 11-1    a request to the chief appraiser to nominate and vote on directors
 11-2    in the current year as provided by Section 6.03(c); or
 11-3                (2)  conservation and reclamation districts were
 11-4    entitled to vote on the appointment of directors in the appraisal
 11-5    district in the most recent year in which directors were appointed
 11-6    under Section 6.03.
 11-7          Sec. 6.033.  RECALL OF DIRECTOR ELECTED BY TAXING UNITS
 11-8    PARTICIPATING IN APPRAISAL DISTRICT. (a)  The governing body of a
 11-9    taxing unit may call for the recall of a member of the board of
11-10    directors of an appraisal district appointed by the taxing units
11-11    participating in the district under Section 6.03 [of this code] for
11-12    whom the unit cast any of its votes in the appointment of the
11-13    board.  The call must be in the form of a resolution, be filed with
11-14    the chief appraiser of the appraisal district, and state that the
11-15    unit is calling for the recall of the member.  If a resolution
11-16    calling for the recall of a board member is filed under this
11-17    subsection, the chief appraiser, not later than the 10th day after
11-18    the date of filing, shall deliver a written notice of the filing of
11-19    the resolution and the date of its filing to the presiding officer
11-20    of the governing body of each taxing unit entitled to vote in the
11-21    appointment of board members.
11-22          (b)  On or before the 30th  day after the date on which a
11-23    resolution calling for the recall of a member of the board
11-24    appointed by the taxing units participating in the district is
11-25    filed, the governing body of a taxing unit that cast any of its
11-26    votes in the appointment of the board for that member may vote to
11-27    recall the member by resolution submitted to the chief appraiser.
 12-1    Each taxing unit is entitled to the same number of votes in the
 12-2    recall as it cast for that member in the appointment of the board.
 12-3    The governing body of the taxing unit calling for the recall may
 12-4    cast its votes in favor of the recall in the same resolution in
 12-5    which it called for the recall.
 12-6          (c)  Not later than the 10th day after the last day provided
 12-7    by this section for voting in favor of the recall, the chief
 12-8    appraiser shall count the votes cast in favor of the recall.  If
 12-9    the number of votes in favor of the recall equals or exceeds a
12-10    majority of the votes cast for the member in the appointment of the
12-11    board, the member appointed by the taxing units participating in
12-12    the district is recalled and ceases to be a member of the board.
12-13    The chief appraiser shall immediately notify in writing the
12-14    presiding officer of the appraisal district board of directors and
12-15    of the governing body of each taxing unit that voted in the recall
12-16    election of the outcome of the recall election.  If the presiding
12-17    officer of the appraisal district board of directors is the member
12-18    whose recall was voted on, the chief appraiser shall also notify
12-19    the secretary of the appraisal district board of directors of the
12-20    outcome of the recall election.
12-21          (d)  If a vacancy occurs on the board of directors after the
12-22    recall of a member of the board appointed by the taxing units
12-23    participating in the district under this section, the taxing units
12-24    that were entitled to vote in the recall election shall appoint a
12-25    new board member.  Each taxing unit is entitled to the same number
12-26    of votes as it originally cast to appoint the recalled board
12-27    member.  Each taxing unit entitled to vote may nominate one
 13-1    candidate by resolution adopted by its governing body.  The
 13-2    presiding officer of the governing body of the unit shall submit
 13-3    the name of the unit's nominee to the chief appraiser on or before
 13-4    the 30th day after the date it receives notification from the chief
 13-5    appraiser of the result of the recall election.  On or before the
 13-6    15th day after the last day provided for a nomination to be
 13-7    submitted, the chief appraiser shall prepare a ballot, listing the
 13-8    candidates nominated alphabetically according to each candidate's
 13-9    surname, and shall deliver a copy of the ballot to the presiding
13-10    officer of the governing body of each taxing unit that is entitled
13-11    to vote.  On or before the 15th day after the date on which a
13-12    taxing unit's ballot is delivered, the governing body of the taxing
13-13    unit shall determine its vote by resolution and submit it to the
13-14    chief appraiser.  On or before the 15th day after the last day on
13-15    which a taxing unit may vote, the chief appraiser shall count the
13-16    votes, declare the candidate who received the largest vote total
13-17    appointed, and submit the results to the presiding officer of the
13-18    governing body of the appraisal district and of each taxing unit in
13-19    the district and to the candidates.  The chief appraiser shall
13-20    resolve a tie vote by any method of chance.
13-21          (e)  If the members appointed by the taxing units
13-22    participating in the district to the board of directors of an
13-23    appraisal district are [is] appointed by a method or procedure
13-24    adopted under Section 6.031 [of this code], the governing bodies of
13-25    the taxing units that voted for or otherwise participated in the
13-26    appointment of a member of the board may recall that member and
13-27    appoint a new member to the vacancy by any method adopted by
 14-1    resolution of a majority of those governing bodies.  If the
 14-2    appointment was by election by the taxing units participating in
 14-3    the district, the method of recall and of appointing a new member
 14-4    to the vacancy is not valid unless it provides that each taxing
 14-5    unit is entitled to the same number of votes in the recall and in
 14-6    the appointment to fill the vacancy as it originally cast for the
 14-7    member being recalled.
 14-8          SECTION 2.  Section 52.092(d), Election Code, is amended to
 14-9    read as follows:
14-10          (d)  District offices of the state government shall be listed
14-11    in the following order:
14-12                (1)  member, State Board of Education;
14-13                (2)  state senator;
14-14                (3)  state representative;
14-15                (4)  chief justice, court of appeals;
14-16                (5)  justice, court of appeals;
14-17                (6)  district judge;
14-18                (7)  criminal district judge;
14-19                (8)  family district judge;
14-20                (9)  district attorney;
14-21                (10)  criminal district attorney;
14-22                (11)  appraisal district director.
14-23          SECTION 3.  Section 172.024, Election Code, is amended by
14-24    adding Subsection (c) to read as follows:
14-25          (c)  For the office of appraisal district director, the
14-26    filing fee for a candidate for nomination in the general primary
14-27    election is:
 15-1                (1)  county with a population of 200,000 or more.. $400
 15-2                (2)  county with a population under 200,000 ....  200. 
 15-3          SECTION 4.  Sections 6.034 and 6.10, Tax Code, are repealed.
 15-4          SECTION 5.  (a)   Except as otherwise provided by this
 15-5    section, this Act takes effect January 1, 2003.
 15-6          (b)  This section and Sections 2 and 3 of this Act take
 15-7    effect September 1, 2001.
 15-8          (c)  Appraisal district directors shall be elected as
 15-9    provided by Section 6.03, Tax Code, as amended by this Act,
15-10    beginning with the primary and general elections conducted in 2002.
15-11    Members then elected take office January 1, 2003.
15-12          (d)  The change in the manner of selection of appraisal
15-13    district directors made by this Act does not affect the selection
15-14    of directors who serve on the board before January 1, 2003.
15-15          (e)  The term of an appraisal district director serving on
15-16    December 31, 2002, expires on January 1, 2003.