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.