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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2667

79R9732 JRJ-D                                                                                               By: Dutton (Gallegos)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Under current law, municipal utility districts (MUDs) are classified as political subdivisions, which are responsible for conducting their own elections.  Many political subdivisions often contract with the county so that the county clerk, who is responsible for administering the county election, can provide election services for the political subdivision, even though this is not required. 

 

Elected officers representing their respective MUDs sometimes conduct their elections haphazardly with complete disregard for election law, giving rise to nepotism, fraud, and abuse of the public trust. 

 

H.B. 2667 attempts to alleviate these issues by requiring county election officials to conduct elections for members of the MUD board.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 54, Water Code, by adding Section 54.0225, as follows:

 

Sec. 54.0225.  ELECTION OF DIRECTORS.  (a)  Requires the county clerk or the county officer who performs the election duties of the county clerk, of the county in which the district is located to perform the duties of the board in regard to an election for a member of the board, notwithstanding any other law.

 

(b)  Requires the county clerk or other county officer of the county in which the most inhabitants of the district reside to perform the election duties under Subsection (a) if the district is located in more than one county.

 

(c)  Provides that this section does not affect the duties of a board under Section 49.103.

 

(d)  Requires the district to pay the county for election services required under this section in the manner provided by Subchapter D (Contract for Election Services, Chapter 31, Election Code, for a contract to furnish election services.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.