BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 693

                                                                                                                                          By: Ogden

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/27/2005

                                                                                                                                              Enrolled

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Under current law, a municipal utility district (MUD) board member is able to practice what is called "seat jumping."  This means that board members, who may soon be facing re-election, can resign their seat and have themselves appointed to a vacant seat on the board to serve out the term of the vacant seat, thereby avoiding running for re-election.  This process takes choice away from voters who live in a MUD.  At present, there is nothing in statute to prohibit the practice of seat jumping.  S.B. 693 prohibits a MUD board from appointing to a vacant seat a person who resigned from the board in the two years preceding the vacancy date; resigned on or after the vacancy date but before the vacancy is filled; or was defeated in a district election in the two years preceding the vacancy date.

 

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 C, Chapter 54, Water Code, by adding Section 54.103, as follows:

 

            Sec.  54.103.  LIMITATION ON FILLING VACANCIES.  Prohibits the board of a        municipal utility district from appointing a person to fill a vacancy on the board if the           person meets certain criteria.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.