BILL ANALYSIS
BACKGROUND AND PURPOSE
There are number of municipal utility districts (districts) throughout the state, and many Texans reside in these districts. Chapters 49 and 54, Water Code, enumerate the various powers that a district may exercise. These powers include, among others, the ability to levy taxes. Districts are also responsible for providing essential services such as water utilities. In essence, districts have many of the same functions and powers as municipalities. Districts are governed by an elected board of directors. The elections are a mechanism by which residents can hold a board accountable. However, there is currently not a prohibition to prevent a current board member from being appointed to a vacant seat, which has a longer term, and thereby, avoid standing for election. This practice is also referred as "seat jumping." Senate Bill 693 aims to prohibit such practice.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION BY SECTION
SECTION 1. Subchapter C, Chapter 54, Water Code, is amended by adding Section 54.103 to read as follows:
Sec. 54.103. LIMITATION ON FILLING VACANCIES. A board may not appoint a person to fill a vacancy on the board if the person:
(1) resigned from the board:
(A) in the two years preceding the vacancy date; or
(B) on or after the vacancy date but before the vacancy is filled; or
(2) was defeated in a directors election held by the district in the two years preceding the vacancy date.
SECTION 2. Provides effective date.
EFFECTIVE DATE
Senate Bill 693 takes effect immediately if it receives a vote of two-thirds of all the members of each house, as provided by Section 39, Article III, Texas Constitution; otherwise September 1, 2005.