BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 724

81R4495 PMO-F                                                                                                                By: Hegar

                                                                                                                               Natural Resources

                                                                                                                                            2/27/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

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.  

 

As proposed,  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

 

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

 

SECTION BY SECTION 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 (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.  Effective date: September 1, 2009.