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78R267 JD-D
By: Mowery H.B. No. 448
A BILL TO BE ENTITLED
AN ACT
relating to the selection of the board of directors of an appraisal
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 6.03, 6.031, 6.033, and 6.037, Tax
Code, are amended to read as follows:
Sec. 6.03. BOARD OF DIRECTORS. (a) The appraisal district
is governed by a board of directors. In an appraisal district
established for a county with a population of less than 50,000, the
board consists of seven directors. The county assessor-collector
is a director by virtue of the person's office. Three directors
other than the county assessor-collector are elected at the general
election for state and county officers, and three [Five] directors
are appointed by the taxing units that participate in the district
as provided by this section. In an appraisal district established
for a county with a population of 50,000 or more, the board consists
of 15 directors. The county assessor-collector is a director by
virtue of the person's office. Seven directors other than the
county assessor-collector are elected at the general election for
state and county officers, and seven directors are appointed by the
taxing units that participate in the district as provided by this
section. [If the county assessor-collector is not appointed to the
board, the county assessor-collector serves as a nonvoting
director. The county assessor-collector is ineligible to serve if
the board enters into a contract under Section 6.05(b) or if the
commissioners court of the county enters into a contract under
Section 6.24(b).] To be eligible to serve on the board of directors,
an individual other than a county assessor-collector [serving as a
nonvoting director] must be a resident of the district and must have
resided in the district for at least two years immediately
preceding the date the individual takes office. An individual who
is otherwise eligible to serve on the board as a member appointed by
the taxing units participating in the district is not ineligible
because of membership on the governing body of a taxing unit. An
employee of a taxing unit that participates in the district is not
eligible to serve on the board as a member appointed by the taxing
units participating in the district unless the individual is also a
member of the governing body or an elected official of a taxing unit
that participates in the district.
(b) Members of the board of directors other than a county
assessor-collector [serving as a nonvoting director] serve
two-year terms. The terms of directors elected at a general
election begin on January 1 of odd-numbered years. The terms of
directors appointed by the taxing units begin [beginning] on
January 1 of even-numbered years.
(c) Members of the board of directors other than a county
assessor-collector and other than the members elected at the
general election [serving as a nonvoting director] are appointed by
vote of the governing bodies of the incorporated cities and towns,
the school districts, and, if entitled to vote, the conservation
and reclamation districts that participate in the district and of
the county. A governing body may cast all its votes for one
candidate or distribute them among candidates for any number of
directorships. Conservation and reclamation districts are not
entitled to vote unless at least one conservation and reclamation
district in the district delivers to the chief appraiser a written
request to nominate and vote on the board of directors by June 1 of
each odd-numbered year. On receipt of a request, the chief
appraiser shall certify a list by June 15 of all eligible
conservation and reclamation districts that are imposing taxes and
that participate in the district.
(d) The voting entitlement of a taxing unit that is entitled
to vote for directors is determined by dividing the total dollar
amount of property taxes imposed in the district by the taxing unit
for the preceding tax year by the sum of the total dollar amount of
property taxes imposed in the district for that year by each taxing
unit that is entitled to vote, by multiplying the quotient by 1,000,
and by rounding the product to the nearest whole number. That number
is multiplied by the number of directorships to be filled. A taxing
unit participating in two or more districts is entitled to vote in
each district in which it participates, but only the taxes imposed
in a district are used to calculate voting entitlement in that
district.
(e) The chief appraiser shall calculate the number of votes
to which each taxing unit other than a conservation and reclamation
district is entitled and shall deliver written notice to each of
those units of its voting entitlement before October 1 of each
odd-numbered year. The chief appraiser shall deliver the notice:
(1) to the county judge and each commissioner of the
county served by the appraisal district;
(2) to the presiding officer of the governing body of
each city or town participating in the appraisal district, to the
city manager of each city or town having a city manager, and to the
city secretary or clerk, if there is one, of each city or town that
does not have a city manager; and
(3) to the presiding officer of the governing body of
each school district participating in the district and to the
superintendent of those school districts.
(f) The chief appraiser shall calculate the number of votes
to which each conservation and reclamation district entitled to
vote for district directors is entitled and shall deliver written
notice to the presiding officer of each conservation and
reclamation district of its voting entitlement and right to
nominate a person to serve as a director of the district before July
1 of each odd-numbered year.
(g) Each taxing unit other than a conservation and
reclamation district that is entitled to vote may nominate by
resolution adopted by its governing body one candidate for each
position to be filled on the board of directors. The presiding
officer of the governing body of the unit shall submit the names of
the unit's nominees to the chief appraiser before October 15.
(h) Each conservation and reclamation district entitled to
vote may nominate by resolution adopted by its governing body one
candidate for the district's board of directors. The presiding
officer of the conservation and reclamation district's governing
body shall submit the name of the district's nominee to the chief
appraiser before July 15 of each odd-numbered year. Before August
1, the chief appraiser shall prepare a nominating ballot, listing
all the nominees of conservation and reclamation districts
alphabetically by surname, and shall deliver a copy of the
nominating ballot to the presiding officer of the board of
directors of each district. The board of directors of each district
shall determine its vote by resolution and submit it to the chief
appraiser before August 15. The nominee on the ballot with the most
votes is the nominee of the conservation and reclamation districts
in the appraisal district if the nominee received more than 10
percent of the votes entitled to be cast by all of the conservation
and reclamation districts in the appraisal district, and shall be
named on the ballot with the candidates nominated by the other
taxing units. The chief appraiser shall resolve a tie vote by any
method of chance.
(i) If no nominee of the conservation and reclamation
districts receives more than 10 percent of the votes entitled to be
cast under Subsection (h), the chief appraiser, before September 1,
shall notify the presiding officer of the board of directors of each
conservation and reclamation district of the failure to select a
nominee. Each conservation and reclamation district may submit a
nominee by September 15 to the chief appraiser as provided by
Subsection (h). The chief appraiser shall submit a second
nominating ballot by October 1 to the conservation and reclamation
districts as provided by Subsection (h). The conservation and
reclamation districts shall submit their votes for nomination
before October 15 as provided by Subsection (h). The nominee on the
second nominating ballot with the most votes is the nominee of the
conservation and reclamation districts in the appraisal district
and shall be named on the ballot with the candidates nominated by
the other taxing units. The chief appraiser shall resolve a tie
vote by any method of chance.
(j) Before October 30, the chief appraiser shall prepare a
ballot, listing the candidates alphabetically according to the
first letter in each candidate's surname, and shall deliver a copy
of the ballot to the presiding officer of the governing body of each
taxing unit that is entitled to vote.
(k) The governing body of each taxing unit entitled to vote
shall determine its vote by resolution and submit it to the chief
appraiser before November 15. The chief appraiser shall count the
votes, declare the three [five] candidates who receive the largest
cumulative vote totals appointed for an appraisal district
established for a county with a population of less than 50,000, or
the seven candidates who receive the largest cumulative vote totals
appointed for an appraisal district established for a county with a
population of 50,000 or more [elected], and submit the results
before December 1 to the governing body of each taxing unit in the
district and to the candidates. For purposes of determining the
number of votes received by the candidates, the candidate receiving
the most votes of the conservation and reclamation districts is
considered to have received all of the votes cast by conservation
and reclamation districts and the other candidates are considered
not to have received any votes of the conservation and reclamation
districts. The chief appraiser shall resolve a tie vote by any
method of chance.
(l) If a vacancy occurs in an appointed position on the
board of directors [other than a vacancy in the position held by a
county assessor-collector serving as a nonvoting director], each
taxing unit that is entitled to vote by this section may nominate by
resolution adopted by its governing body a candidate to fill the
vacancy. The unit shall submit the name of its nominee to the chief
appraiser within 10 days after notification from the board of
directors of the existence of the vacancy, and the chief appraiser
shall prepare and deliver to the board of directors within the next
five days a list of the nominees. The board of directors shall
appoint [elect] by majority vote of its members one of the nominees
to fill the vacancy. If a vacancy occurs in an elected position on
the board of directors, the board of directors shall appoint by
majority vote of its members a person to fill the vacancy. A person
appointed to fill a vacancy in an elected position must have the
qualifications required of a director elected at a general
election.
(m) If a school district participates in an appraisal
district in which the only property of the school district located
in the appraisal district is property annexed to the school
district under Subchapter C or G, Chapter 41, Education Code, an
individual who does not meet the residency requirements of
Subsection (a) is eligible to be appointed to the board of
directors of the appraisal district by the taxing units
participating in the appraisal district if:
(1) the individual is a resident of the school
district; and
(2) the individual is nominated as a candidate for the
board of directors by the school district or, if the taxing units
have adopted a change in the method of appointing board members that
does not require a nomination, the school district appoints or
participates in the appointment of the individual.
Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION].
(a) The board of directors of an appraisal district established for
a county with a population of less than 50,000, by resolution
adopted and delivered to each taxing unit participating in the
district before May [August] 15, may increase the number of members
on the board of directors of the district to not more than 15 [13],
change the method or procedure for appointing the members appointed
by the taxing units participating in the district, or both, unless
the governing body of a taxing unit that is entitled to vote on the
appointment of board members adopts a resolution opposing the
change in the method or procedure for appointing those members, and
files it with the board of directors before June [September] 1. If
a change in the method or procedure for appointing those members is
rejected, the board shall notify, in writing, each taxing unit
participating in the district before June [September] 15.
(b) The taxing units participating in an appraisal district
established for a county with a population of less than 50,000 may
increase the number of members on the board of directors of the
district to not more than 15 [13], change the method or procedure
for appointing the members appointed by the taxing units
participating in the district, or both, if the governing bodies of
three-fourths of the taxing units that are entitled to vote on the
appointment of board members adopt resolutions providing for the
change. However, a change under this subsection in the method or
procedure for selecting members appointed by the taxing units
participating in the district is not valid if it reduces the voting
entitlement of one or more taxing units that do not adopt a
resolution proposing it to less than a majority of the voting
entitlement under Section 6.03 [of this code] or if it reduces the
voting entitlement of any taxing unit that does not adopt a
resolution proposing it to less than 50 percent of its voting
entitlement under Section 6.03 [of this code] and if that taxing
unit's allocation of the budget is not reduced to the same
proportional percentage amount, or if it expands the types of
taxing units that are entitled to vote on appointment of board
members.
(c) An official copy of a resolution under this section must
be filed with the chief appraiser of the appraisal district after
May [June] 30 and before August [October] 1 [of a year in which
board members are appointed] or the resolution is ineffective.
(d) Before August 15 [October 5 of each year in which board
members are appointed,] the chief appraiser shall determine whether
a sufficient number of eligible taxing units have filed valid
resolutions proposing a change for the change to take effect. The
chief appraiser shall notify each taxing unit participating in the
district of each change that is adopted before August 30 [October
10]. A change in the method or procedure for selecting members
appointed by the taxing units participating in the district that is
adopted takes effect on the date the chief appraiser notifies the
taxing units of the change. An increase in the number of members of
the board takes effect on January 1 of the first year after the date
the chief appraiser notifies the taxing units of the increase.
(e) If the number of members of the board is increased under
this section, at least one-half of the total number of members, as
increased, other than the county assessor-collector, shall be
elected at the general election for state and county officers. The
board of directors by majority vote of its members may increase the
number of members to be elected to more than the minimum number
required by this subsection.
(f) A change in [membership or] selection of the board
members appointed by the taxing units participating in the district
made as provided by this section remains in effect until changed in
a manner provided by this section or rescinded by resolution of a
majority of the governing bodies that are entitled to vote on
appointment of board members under Section 6.03 [of this code].
(g) [(f)] A provision of Section 6.03 [of this code] that is
subject to change under this section but is not expressly changed by
resolution of a sufficient number of eligible taxing units remains
in effect.
(h) [(g)] For purposes of this section, the conservation
and reclamation districts in an appraisal district are considered
to be entitled to vote on the appointment of appraisal district
directors if:
(1) a conservation and reclamation district has filed
a request to the chief appraiser to nominate and vote on directors
in the current year as provided by Section 6.03(c); or
(2) conservation and reclamation districts were
entitled to vote on the appointment of directors in the appraisal
district in the most recent year in which directors were appointed
under Section 6.03.
Sec. 6.033. RECALL OF DIRECTOR APPOINTED BY TAXING UNITS
PARTICIPATING IN APPRAISAL DISTRICT. (a) The governing body of a
taxing unit may call for the recall of a member of the board of
directors of an appraisal district appointed by the taxing units
participating in the district under Section 6.03 [of this code] for
whom the unit cast any of its votes in the appointment of the board.
The call must be in the form of a resolution, be filed with the chief
appraiser of the appraisal district, and state that the unit is
calling for the recall of the member. If a resolution calling for
the recall of a board member is filed under this subsection, the
chief appraiser, not later than the 10th day after the date of
filing, shall deliver a written notice of the filing of the
resolution and the date of its filing to the presiding officer of
the governing body of each taxing unit entitled to vote in the
appointment of board members.
(b) On or before the 30th day after the date on which a
resolution calling for the recall of a member of the board appointed
by the taxing units participating in the district is filed, the
governing body of a taxing unit that cast any of its votes in the
appointment of the board for that member may vote to recall the
member by resolution submitted to the chief appraiser. Each taxing
unit is entitled to the same number of votes in the recall as it cast
for that member in the appointment of the board. The governing body
of the taxing unit calling for the recall may cast its votes in
favor of the recall in the same resolution in which it called for
the recall.
(c) Not later than the 10th day after the last day provided
by this section for voting in favor of the recall, the chief
appraiser shall count the votes cast in favor of the recall. If the
number of votes in favor of the recall equals or exceeds a majority
of the votes cast for the member in the appointment of the board,
the member appointed by the taxing units participating in the
district is recalled and ceases to be a member of the board. The
chief appraiser shall immediately notify in writing the presiding
officer of the appraisal district board of directors and of the
governing body of each taxing unit that voted in the recall election
of the outcome of the recall election. If the presiding officer of
the appraisal district board of directors is the member whose
recall was voted on, the chief appraiser shall also notify the
secretary of the appraisal district board of directors of the
outcome of the recall election.
(d) If a vacancy occurs on the board of directors after the
recall of a member of the board appointed by the taxing units
participating in the district under this section, the taxing units
that were entitled to vote in the recall election shall appoint a
new board member. Each taxing unit is entitled to the same number
of votes as it originally cast to appoint the recalled board member.
Each taxing unit entitled to vote may nominate one candidate by
resolution adopted by its governing body. The presiding officer of
the governing body of the unit shall submit the name of the unit's
nominee to the chief appraiser on or before the 30th day after the
date it receives notification from the chief appraiser of the
result of the recall election. On or before the 15th day after the
last day provided for a nomination to be submitted, the chief
appraiser shall prepare a ballot, listing the candidates nominated
alphabetically according to each candidate's surname, and shall
deliver a copy of the ballot to the presiding officer of the
governing body of each taxing unit that is entitled to vote. On or
before the 15th day after the date on which a taxing unit's ballot
is delivered, the governing body of the taxing unit shall determine
its vote by resolution and submit it to the chief appraiser. On or
before the 15th day after the last day on which a taxing unit may
vote, the chief appraiser shall count the votes, declare the
candidate who received the largest vote total appointed, and submit
the results to the presiding officer of the governing body of the
appraisal district and of each taxing unit in the district and to
the candidates. The chief appraiser shall resolve a tie vote by any
method of chance.
(e) If the members appointed by the taxing units
participating in the district to the board of directors of an
appraisal district are [is] appointed by a method or procedure
adopted under Section 6.031 [of this code], the governing bodies of
the taxing units that voted for or otherwise participated in the
appointment of a member of the board may recall that member and
appoint a new member to the vacancy by any method adopted by
resolution of a majority of those governing bodies. If the
appointment was by election by the taxing units participating in
the district, the method of recall and of appointing a new member to
the vacancy is not valid unless it provides that each taxing unit is
entitled to the same number of votes in the recall and in the
appointment to fill the vacancy as it originally cast for the member
being recalled.
Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION
DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a
reference to the taxing units entitled to vote on the appointment of
appraisal district board members includes the conservation and
reclamation districts participating in the appraisal district,
without regard to whether the conservation and reclamation
districts are currently entitled to do so under Section 6.03(c). In
a provision of this title other than Section 6.03 or 6.031 that
grants authority to a majority or other number of the taxing units
entitled to vote on the appointment of appraisal district
directors, including the disapproval of the appraisal district
budget under Section 6.06 [and the disapproval of appraisal
district board actions under Section 6.10], the conservation and
reclamation districts participating in the appraisal district are
given the vote or authority of one taxing unit. That vote or
authority is considered exercised only if a majority of the
conservation and reclamation districts take the same action to
exercise that vote or authority. Otherwise, the conservation and
reclamation districts are treated in the same manner as a single
taxing unit that is entitled to act but does not take any action on
the matter.
SECTION 2. Section 42.005(a), Election Code, is amended to
read as follows:
(a) A county election precinct, including a consolidated
precinct, may not contain territory from more than one of each of
the following types of territorial units:
(1) a commissioners precinct;
(2) a justice precinct;
(3) a congressional district;
(4) a state representative district;
(5) a state senatorial district;
(6) a ward in a city with a population of 10,000 or
more; [or]
(7) a State Board of Education district; or
(8) an appraisal district established under Chapter 6,
Tax Code.
SECTION 3. Section 52.092(d), Election Code, is amended to
read as follows:
(d) District offices of the state government shall be listed
in the following order:
(1) member, State Board of Education;
(2) state senator;
(3) state representative;
(4) chief justice, court of appeals;
(5) justice, court of appeals;
(6) district judge;
(7) criminal district judge;
(8) family district judge;
(9) district attorney;
(10) criminal district attorney;
(11) appraisal district director.
SECTION 4. Section 172.024, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) For the office of appraisal district director, the
filing fee for a candidate for nomination in the general primary
election is:
(1) county with a population of 200,000 or
more$400
(2) county with a population under 200,000 200.
SECTION 5. Sections 6.034 and 6.10, Tax Code, are repealed.
SECTION 6. (a) Except as otherwise provided by this
section, this Act takes effect January 1, 2005.
(b) This section and Sections 2, 3, and 4 of this Act take
effect September 1, 2003.
(c) Appraisal district directors shall be elected as
provided by Section 6.03, Tax Code, as amended by this Act,
beginning with the primary and general elections conducted in 2004.
Members then elected take office January 1, 2005.
(d) The change in the manner of selection of appraisal
district directors made by this Act does not affect the selection of
directors who serve on the board before January 1, 2005.
(e) The term of an appraisal district director serving on
December 31, 2004, expires on January 1, 2005.