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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications and selection of the board of |
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directors of an appraisal district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.03, Tax Code, is amended by amending |
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Subsections (a), (c), and (l) and adding Subsections (a-1), (a-2), |
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(a-3), (a-4), and (a-5) to read as follows: |
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(a) The appraisal district is governed by a board of |
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directors. Five directors are appointed by the taxing units that |
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participate in the district as provided by Subsections (c)-(k) |
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[this section]. |
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(a-1) At least two positions on the board of directors must |
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each be held by an individual who is not an officer or employee of a |
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taxing unit that participates in the district or a former employee |
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of a taxing unit that participates in the district who draws a |
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pension from a participating taxing unit. If after the selection of |
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five directors as provided by Subsections (c)-(k) there are not at |
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least two directors who qualify under this subsection, the taxing |
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units that participate in the district shall jointly appoint the |
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necessary number of additional directors who are qualified under |
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this subsection. A vacancy in a position for which a member is |
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appointed under this subsection shall be filled in the same manner |
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as the original appointment if it is necessary to fill the vacancy |
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to comply with the membership requirement of this subsection. |
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(a-2) If the county assessor-collector is not appointed to |
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the board, the county assessor-collector serves as a nonvoting |
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director. The county assessor-collector is ineligible to serve if |
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the board enters into a contract under Section 6.05(b) or if the |
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commissioners court of the county enters into a contract under |
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Section 6.24(b). |
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(a-3) To be eligible to serve on the board of directors, an |
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individual other than a county assessor-collector serving as a |
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nonvoting director must be a resident of the district and must have |
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resided in the district for at least two years immediately |
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preceding the date the individual takes office. |
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(a-4) An individual who is otherwise eligible to serve on |
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the board is not ineligible because of membership on the governing |
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body of a taxing unit. An employee of a taxing unit that |
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participates in the district is not eligible to serve on the board |
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unless the individual is also a member of the governing body or an |
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elected official of a taxing unit that participates in the |
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district. |
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(a-5) An individual who has served for all or part of three |
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consecutive terms on the board is ineligible to serve on the board |
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during the term that begins on the next January 1 following the |
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third of those consecutive terms. |
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(c) Members of the board of directors other than a county |
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assessor-collector serving as a nonvoting director and other than a |
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member appointed under Subsection (a-1) are appointed by vote of |
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the governing bodies of the incorporated cities and towns, the |
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school districts, and, if entitled to vote, the conservation and |
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reclamation districts that participate in the district and of the |
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county. A governing body may cast all its votes for one candidate |
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or distribute them among candidates for any number of |
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directorships. Conservation and reclamation districts are not |
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entitled to vote unless at least one conservation and reclamation |
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district in the district delivers to the chief appraiser a written |
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request to nominate and vote on the board of directors by June 1 of |
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each odd-numbered year. On receipt of a request, the chief |
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appraiser shall certify a list by June 15 of all eligible |
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conservation and reclamation districts that are imposing taxes and |
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that participate in the district. |
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(l) If a vacancy occurs on the board of directors other than |
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a vacancy in the position held by a county assessor-collector |
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serving as a nonvoting director and other than a position filled by |
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appointment under Subsection (a-1), each taxing unit that is |
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entitled to vote under Subsections (c)-(k) [by this section] may |
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nominate by resolution adopted by its governing body a candidate to |
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fill the vacancy. The unit shall submit the name of its nominee to |
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the chief appraiser within 45 days after notification from the |
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board of directors of the existence of the vacancy, and the chief |
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appraiser shall prepare and deliver to the board of directors |
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within the next five days a list of the nominees. The board of |
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directors shall elect by majority vote of its members one of the |
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nominees to fill the vacancy. |
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SECTION 2. The change in law made by this Act does not |
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affect the right of a person serving on the board of directors of an |
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appraisal district on the effective date of this Act to complete the |
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person's term on the board. |
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SECTION 3. This Act takes effect September 1, 2007. |
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