BILL ANALYSIS

 

 

 

S.B. 724

By: Hegar

Natural Resources

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

H.B. 2984, 80th Legislature, Regular Session, 2007, created a requirement that in order for a person to qualify for election as a supervisor of a fresh water supply district (district), the person must own land within the boundaries of the district, and removed the requirement that the supervisor be a resident voter of the district.  Previously, only a resident voter could serve on the board of supervisors of a district.  Other similar districts, such as water control and improvement districts and municipal utility districts, require only that a director be a landowner within district boundaries.

 

During the interim, there was a voting rights challenge by the Department of Justice (DOJ) to H.B. 2984 and the creation of a district was not pre-cleared for election by DOJ, due to concerns relating to minority voting rights. 

 

S.B. 724 requires that to be qualified for election as a supervisor of a district, a person is required to be a resident of this state, the owner of taxable property in the district, and at least 18 years of age, or to be a registered voter of the district. 

 

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 1.  Amends Section 56.063(a), Water Code, to provide that except as provided by Subsection (b) (regarding being a supervisor in Denton County), to be qualified for election as a supervisor of a fresh water supply district, a person is required to be a resident of this state, the owner of taxable property in the district, and at least 18 years of age; or is required to be a registered voter of the district.  Makes nonsubstantive changes.

 

SECTION 2.  Provides the effective date of this Act.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2009.