Floor Packet Page No. 64
Amend CSHB 3, in Article 1 of the bill, by adding the
following appropriately designated Part and redesignating
subsequent Parts accordingly:
PART __. APPRAISAL DISTRICT BOARD OF DIRECTORS
SECTION 1__.01. Sections 6.03(a)-(c) and (k)-(m), Tax Code,
are amended to read as follows:
(a) The appraisal district is governed by a board of
directors. The board consists of seven directors. Two directors
are elected at the general election for state and county officers,
and five [Five] 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 serving as a nonvoting director and other than
the members elected at the general election 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.
(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 December 15. The chief appraiser shall count the
votes, declare the five candidates who receive the largest
cumulative vote totals appointed [elected], and submit the results
before December 31 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 45 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.
SECTION 1__.02. Sections 6.031, 6.033, and 6.037, Tax Code,
are amended to read as follows:
Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION].
(a) The board of directors of an appraisal district, by resolution
adopted and delivered to each taxing unit participating in the
district before August 15, may increase the number of members on the
board of directors of the district to not more than 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 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 September 15.
(b) The taxing units participating in an appraisal district
may increase the number of members on the board of directors of the
district to not more than 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
June 30 and before October 1 [of a year in which board members are
appointed] or the resolution is ineffective.
(d) Before 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 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, 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 1__.03. 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 1__.04. 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 1__.05. 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 $200.
SECTION 1__.06. Sections 6.034 and 6.10, Tax Code, are
repealed.
SECTION 1__.07. (a) 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
2006. Members then elected take office January 1, 2007.
(b) 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, 2007.
(c) The term of an appraisal district director serving on
December 31, 2006, expires on January 1, 2007.
SECTION 1__.08. (a) Except as provided by Subsection (b) of
this section, this Part takes effect January 1, 2007.
(b) This section and Sections 1__.03, 1__.04, 1__.05, and
l__.07 of this Part take effect September 1, 2005.