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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of a junior college representative on |
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appraisal boards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 6.03., Property Code, is amended to read as |
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follows: |
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BOARD OF DIRECTORS. (a) The appraisal district is governed |
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by a board of directors. Five directors are appointed by the taxing |
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units that participate in the district as provided by this section. |
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If the county assessor-collector is not appointed to the board, the |
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county assessor-collector serves as a nonvoting director. The |
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county assessor-collector is ineligible to serve if the board |
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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). To be eligible to serve on the board of directors, |
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an 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. An individual who |
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is otherwise eligible to serve on the board is not ineligible |
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because of membership on the governing body of a taxing unit. An |
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employee of a taxing unit that participates in the district is not |
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eligible to serve on the board unless the individual is also a |
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member of the governing body or an elected official of a taxing unit |
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that participates in the district. |
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(b) Members of the board of directors other than a county |
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assessor-collector serving as a nonvoting director serve two-year |
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terms beginning on January 1 of even-numbered years. |
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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 are appointed by |
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vote of the governing bodies of the incorporated cities and towns, |
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the school districts, the junior college districts, and, if
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entitled to vote, the conservation and reclamation districts that |
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participate in the district and of the county. A governing body may |
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cast all its votes for one candidate or distribute them among |
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candidates for any number of directorships. Conservation and |
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reclamation districts are not entitled to vote unless at least one |
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conservation and reclamation district in the district delivers to |
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the chief appraiser a written request to nominate and vote on the |
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board of directors by June 1 of each odd-numbered year. On receipt |
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of a request, the chief appraiser shall certify a list by June 15 of |
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all eligible conservation and reclamation districts that are |
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imposing taxes and that participate in the district. |
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(d) The voting entitlement of a taxing unit that is entitled |
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to vote for directors is determined by dividing the total dollar |
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amount of property taxes imposed in the district by the taxing unit |
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for the preceding tax year by the sum of the total dollar amount of |
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property taxes imposed in the district for that year by each taxing |
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unit that is entitled to vote, by multiplying the quotient by 1,000, |
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and by rounding the product to the nearest whole number. That |
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number is multiplied by the number of directorships to be filled. A |
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taxing unit participating in two or more districts is entitled to |
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vote in each district in which it participates, but only the taxes |
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imposed in a district are used to calculate voting entitlement in |
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that district. |
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(e) The chief appraiser shall calculate the number of votes |
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to which each taxing unit other than a conservation and reclamation |
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district is entitled and shall deliver written notice to each of |
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those units of its voting entitlement before October 1 of each |
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odd-numbered year. The chief appraiser shall deliver the notice: |
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(1) to the county judge and each commissioner of the |
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county served by the appraisal district; |
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(2) to the presiding officer of the governing body of |
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each city or town participating in the appraisal district, to the |
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city manager of each city or town having a city manager, and to the |
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city secretary or clerk, if there is one, of each city or town that |
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does not have a city manager; and |
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(3) to the presiding officer of the governing body of |
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each school district participating in the district and to the |
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superintendent of those school districts. |
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(4) to the presiding officer of the governing body of |
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each junior college district participating in the district and to |
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the junior college district president or appropriate chief |
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executive officer. |
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(f) The chief appraiser shall calculate the number of votes |
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to which each conservation and reclamation district entitled to |
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vote for district directors is entitled and shall deliver written |
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notice to the presiding officer of each conservation and |
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reclamation district of its voting entitlement and right to |
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nominate a person to serve as a director of the district before July |
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1 of each odd-numbered year. |
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(g) Each taxing unit other than a conservation and |
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reclamation district that is entitled to vote may nominate by |
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resolution adopted by its governing body one candidate for each |
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position to be filled on the board of directors. The presiding |
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officer of the governing body of the unit shall submit the names of |
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the unit's nominees to the chief appraiser before October 15. |
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(h) Each conservation and reclamation district entitled to |
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vote may nominate by resolution adopted by its governing body one |
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candidate for the district's board of directors. The presiding |
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officer of the conservation and reclamation district's governing |
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body shall submit the name of the district's nominee to the chief |
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appraiser before July 15 of each odd-numbered year. Before August |
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1, the chief appraiser shall prepare a nominating ballot, listing |
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all the nominees of conservation and reclamation districts |
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alphabetically by surname, and shall deliver a copy of the |
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nominating ballot to the presiding officer of the board of |
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directors of each district. The board of directors of each district |
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shall determine its vote by resolution and submit it to the chief |
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appraiser before August 15. The nominee on the ballot with the most |
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votes is the nominee of the conservation and reclamation districts |
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in the appraisal district if the nominee received more than 10 |
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percent of the votes entitled to be cast by all of the conservation |
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and reclamation districts in the appraisal district, and shall be |
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named on the ballot with the candidates nominated by the other |
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taxing units. The chief appraiser shall resolve a tie vote by any |
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method of chance. |
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SECTION 2. This Act takes effect September 1, 2011. |