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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of the board of directors of an appraisal |
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district; authorizing a fee. |
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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), (b), (c), (k), and (l) and adding Subsections |
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(a-1), (a-2), and (m) to read as follows: |
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(a) The appraisal district is governed by a board of seven |
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directors. Two directors are elected at the general election for |
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state and county officers by the voters of the county in which the |
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district is established, and five [Five] directors are appointed by |
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the taxing units that participate in the district as provided by |
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this section. |
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(a-1) If the county assessor-collector is not appointed to |
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the board of directors, the county assessor-collector serves as a |
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nonvoting director. The county assessor-collector is ineligible to |
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serve if the board enters into a contract under Section 6.05(b) or |
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if the commissioners court of the county enters into a contract |
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under Section 6.24(b). |
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(a-2) 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 appraisal district |
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and must have resided in the district for at least two years |
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immediately preceding the date the individual takes office. To be |
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eligible to be elected to the board, an individual must be a |
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resident of the county in which the district is established. An |
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individual who is otherwise eligible to serve on the board as a |
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member appointed by the taxing units participating in the district |
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is not ineligible because of membership on the governing body of a |
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taxing unit. An employee of a taxing unit that participates in the |
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district is not eligible to serve on the board as a member appointed |
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by the taxing units participating in the district unless the |
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individual is also a member of the governing body or an elected |
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official of a taxing unit 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. The terms of directors elected at a general election begin |
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on January 1 of odd-numbered years. The terms of directors |
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appointed by the taxing units begin [beginning] on January 1 of |
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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 and other than |
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the elected members, are appointed by vote of the governing bodies |
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of the incorporated cities and towns, the school 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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(k) The governing body of each taxing unit entitled to vote |
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shall determine its vote by resolution and submit it to the chief |
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appraiser before December 15. The chief appraiser shall count the |
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votes, declare the five candidates who receive the largest |
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cumulative vote totals appointed [elected], and submit the results |
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before December 31 to the governing body of each taxing unit in the |
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district and to the candidates. For purposes of determining the |
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number of votes received by the candidates, the candidate receiving |
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the most votes of the conservation and reclamation districts is |
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considered to have received all of the votes cast by conservation |
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and reclamation districts and the other candidates are considered |
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not to have received any votes of the conservation and reclamation |
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districts. The chief appraiser shall resolve a tie vote by any |
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method of chance. |
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(l) If a vacancy occurs in an appointive position on the |
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board of directors, other than a vacancy in the position held by a |
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county assessor-collector serving as a nonvoting director, each |
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taxing unit that is entitled to vote by this section may nominate by |
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resolution adopted by its governing body a candidate to fill the |
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vacancy. The unit shall submit the name of its nominee to the chief |
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appraiser within 45 days after notification from the board of |
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directors of the existence of the vacancy, and the chief appraiser |
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shall prepare and deliver to the board of directors within the next |
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five days a list of the nominees. The board of directors shall |
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appoint [elect] by majority vote of its members one of the nominees |
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to fill the vacancy. |
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(m) If a vacancy occurs in an elective position on the board |
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of directors, the board of directors shall appoint by majority vote |
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of its members a person to fill the vacancy. A person appointed to |
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fill a vacancy in an elective position must have the qualifications |
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required of a director elected at a general election. |
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SECTION 2. Section 6.031, Tax Code, is amended to read as |
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follows: |
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Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION]. |
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(a) The board of directors of an appraisal district, by resolution |
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adopted and delivered to each taxing unit participating in the |
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district before May [August] 15, may increase the number of members |
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on the board of directors of the district to not more than 13 or[,] |
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change the method or procedure for appointing the members appointed |
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by the taxing units participating in the district, or both, unless |
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the governing body of a taxing unit that is entitled to vote on the |
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appointment of board members adopts a resolution opposing the |
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change in the method or procedure for appointing those members[,] |
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and files it with the board of directors before June [September] 1. |
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If a change in the method or procedure for appointing those members |
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is rejected, the board shall notify, in writing, each taxing unit |
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participating in the district before June [September] 15. |
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(b) The taxing units participating in an appraisal district |
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may increase the number of members on the board of directors of the |
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district to not more than 13 or[,] change the method or procedure |
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for appointing the members appointed by the taxing units |
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participating in the district, or both, if the governing bodies of |
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three-fourths of the taxing units that are entitled to vote on the |
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appointment of board members adopt resolutions providing for the |
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change. However, a change under this subsection in the method or |
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procedure for selecting members appointed by the taxing units |
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participating in the district is not valid if it reduces the voting |
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entitlement of one or more taxing units that do not adopt a |
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resolution proposing it to less than a majority of the voting |
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entitlement under Section 6.03 [of this code] or if it reduces the |
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voting entitlement of any taxing unit that does not adopt a |
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resolution proposing it to less than 50 percent of its voting |
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entitlement under Section 6.03 [of this code] and if that taxing |
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unit's allocation of the budget is not reduced to the same |
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proportional percentage amount, or if it expands the types of |
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taxing units that are entitled to vote on appointment of board |
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members. |
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(c) An official copy of a resolution under Subsection (b) |
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[this section] must be filed with the chief appraiser of the |
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appraisal district after May [June] 30 and before August [October] |
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1 [of a year in which board members are appointed] or the resolution |
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is ineffective. |
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(d) Before August 15 [October 5 of each year in which board
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members are appointed], the chief appraiser shall determine whether |
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a sufficient number of eligible taxing units have filed valid |
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resolutions proposing a change under Subsection (b) for the change |
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to take effect. The chief appraiser shall notify each taxing unit |
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participating in the district of each change that is adopted before |
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August 30 [October 10]. A change in the method or procedure for |
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selecting members appointed by the taxing units participating in |
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the district that is adopted takes effect on the date the chief |
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appraiser notifies the taxing units of the change. An increase in |
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the number of members of the board takes effect on January 1 of the |
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first year after the date the chief appraiser notifies the taxing |
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units of the increase. |
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(e) If the number of members of the board is increased under |
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this section, at least one-half of the number of new members shall |
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be elected to the board in the manner provided by Section 6.03. The |
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board of directors by majority vote of its members may increase the |
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number of members to be elected to more than the minimum number |
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required by this subsection. |
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(f) A change in [membership or] selection of the board |
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members appointed by the taxing units participating in the district |
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made as provided by this section remains in effect until changed in |
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a manner provided by this section or rescinded by resolution of a |
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majority of the governing bodies that are entitled to vote on |
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appointment of board members under Section 6.03 [of this code]. |
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(g) [(f)] A provision of Section 6.03 [of this code] that is |
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subject to change under this section but is not expressly changed by |
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resolution of a sufficient number of eligible taxing units remains |
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in effect. |
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(h) [(g)] For purposes of this section, the conservation |
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and reclamation districts in an appraisal district are considered |
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to be entitled to vote on the appointment of appraisal district |
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directors if: |
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(1) a conservation and reclamation district has filed |
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a request to the chief appraiser to nominate and vote on directors |
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in the current year as provided by Section 6.03(c); or |
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(2) conservation and reclamation districts were |
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entitled to vote on the appointment of directors in the appraisal |
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district in the most recent year in which directors were appointed |
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under Section 6.03. |
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SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by |
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adding Section 6.032 to read as follows: |
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Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING |
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FEE. (a) Except as provided by this section, Chapter 144, Election |
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Code, applies to a candidate for an elective position on an |
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appraisal district board of directors. |
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(b) An application for a place on the ballot must be filed |
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with the county judge of the county in which the appraisal district |
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is established and be accompanied by a filing fee of: |
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(1) $750 for a county with a population of less than |
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200,000; or |
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(2) $1,250 for a county with a population of 200,000 or |
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more. |
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(c) A candidate's name may appear on the ballot only as an |
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independent candidate. |
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(d) A filing fee received under this section shall be |
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deposited in the county treasury to the credit of the county general |
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fund. |
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SECTION 4. Section 6.033, Tax Code, is amended to read as |
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follows: |
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Sec. 6.033. RECALL OF APPOINTED DIRECTOR. (a) The |
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governing body of a taxing unit may call for the recall of a member |
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of the board of directors of an appraisal district appointed by the |
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taxing units participating in the district under Section 6.03 [of
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this code] for whom the unit cast any of its votes in the |
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appointment of the appointive board members. The call must be in |
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the form of a resolution, be filed with the chief appraiser of the |
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appraisal district, and state that the unit is calling for the |
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recall of the member. If a resolution calling for the recall of a |
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board member is filed under this subsection, the chief appraiser, |
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not later than the 10th day after the date of filing, shall deliver |
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a written notice of the filing of the resolution and the date of its |
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filing to the presiding officer of the governing body of each taxing |
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unit entitled to vote in the appointment of board members. |
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(b) On or before the 30th day after the date on which a |
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resolution calling for the recall of a member of the board appointed |
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by the taxing units participating in the district is filed, the |
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governing body of a taxing unit that cast any of its votes in the |
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appointment of the board for that member may vote to recall the |
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member by resolution submitted to the chief appraiser. Each taxing |
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unit is entitled to the same number of votes in the recall as it cast |
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for that member in the member's appointment to [of] the board. The |
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governing body of the taxing unit calling for the recall may cast |
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its votes in favor of the recall in the same resolution in which it |
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called for the recall. |
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(c) Not later than the 10th day after the last day provided |
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by this section for voting in favor of the recall, the chief |
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appraiser shall count the votes cast in favor of the recall. If the |
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number of votes in favor of the recall equals or exceeds a majority |
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of the votes cast for the member in the member's appointment to [of] |
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the board, the member is recalled and ceases to be a member of the |
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board. The chief appraiser shall immediately notify in writing the |
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presiding officer of the appraisal district board of directors and |
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of the governing body of each taxing unit that voted in the recall |
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election of the outcome of the recall election. If the presiding |
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officer of the appraisal district board of directors is the member |
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whose recall was voted on, the chief appraiser shall also notify the |
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secretary of the appraisal district board of directors of the |
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outcome of the recall election. |
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(d) If a vacancy occurs on the board of directors after the |
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recall of a member of the board under this section, the taxing units |
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that were entitled to vote in the recall election shall appoint a |
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new board member to the vacancy. Each taxing unit is entitled to |
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the same number of votes as it originally cast to appoint the |
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recalled board member. Each taxing unit entitled to vote may |
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nominate one candidate by resolution adopted by its governing body. |
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The presiding officer of the governing body of the unit shall submit |
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the name of the unit's nominee to the chief appraiser on or before |
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the 30th day after the date it receives notification from the chief |
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appraiser of the result of the recall election. On or before the |
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15th day after the last day provided for a nomination to be |
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submitted, the chief appraiser shall prepare a ballot, listing the |
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candidates nominated alphabetically according to each candidate's |
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surname, and shall deliver a copy of the ballot to the presiding |
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officer of the governing body of each taxing unit that is entitled |
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to vote. On or before the 15th day after the date on which a taxing |
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unit's ballot is delivered, the governing body of the taxing unit |
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shall determine its vote by resolution and submit it to the chief |
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appraiser. On or before the 15th day after the last day on which a |
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taxing unit may vote, the chief appraiser shall count the votes, |
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declare the candidate who received the largest vote total |
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appointed, and submit the results to the presiding officer of the |
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governing body of the appraisal district and of each taxing unit in |
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the district and to the candidates. The chief appraiser shall |
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resolve a tie vote by any method of chance. |
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(e) If the members appointed by the taxing units |
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participating in the district to the board of directors of an |
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appraisal district are [is] appointed by a method or procedure |
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adopted under Section 6.031 [of this code], the governing bodies of |
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the taxing units that voted for or otherwise participated in the |
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appointment of a member of the board may recall that member and |
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appoint a new member to the vacancy by any method adopted by |
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resolution of a majority of those governing bodies. If the |
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appointment was by election by the taxing units participating in |
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the district, the method of recall and of appointing a new member to |
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the vacancy is not valid unless it provides that each taxing unit is |
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entitled to the same number of votes in the recall and in the |
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appointment to fill the vacancy as the unit [it] originally cast for |
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the member being recalled. |
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SECTION 5. Section 6.036(a), Tax Code, is amended to read as |
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follows: |
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(a) An individual is not eligible to be a candidate for, to |
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be appointed to, or to serve on the board of directors of an |
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appraisal district if the individual or a business entity in which |
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the individual has a substantial interest is a party to a contract |
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with: |
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(1) the appraisal district; or |
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(2) a taxing unit that participates in the appraisal |
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district, if the contract relates to the performance of an activity |
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governed by this title. |
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SECTION 6. Section 6.037, Tax Code, is amended to read as |
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follows: |
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Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION |
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DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a |
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reference to the taxing units entitled to vote on the appointment of |
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appraisal district board members includes the conservation and |
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reclamation districts participating in the appraisal district, |
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without regard to whether the conservation and reclamation |
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districts are currently entitled to do so under Section 6.03(c). In |
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a provision of this title other than Section 6.03 or 6.031 that |
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grants authority to a majority or other number of the taxing units |
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entitled to vote on the appointment of appraisal district |
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directors, including the disapproval of the appraisal district |
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budget under Section 6.06 [and the disapproval of appraisal
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district board actions under Section 6.10], the conservation and |
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reclamation districts participating in the appraisal district are |
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given the vote or authority of one taxing unit. That vote or |
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authority is considered exercised only if a majority of the |
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conservation and reclamation districts take the same action to |
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exercise that vote or authority. Otherwise, the conservation and |
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reclamation districts are treated in the same manner as a single |
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taxing unit that is entitled to act but does not take any action on |
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the matter. |
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SECTION 7. Section 52.092, Election Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) The secretary of state shall prescribe procedures for |
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listing the office of appraisal district director on the ballot. |
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SECTION 8. Sections 6.034 and 6.10, Tax Code, are repealed. |
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SECTION 9. (a) The appropriate number of appraisal |
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district directors holding elective positions shall be elected in |
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each appraisal district as provided by Section 6.03, Tax Code, as |
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amended by this Act, and Section 6.032, Tax Code, as added by this |
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Act, beginning with the general election for state and county |
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officers conducted in 2014. Members then elected take office |
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January 1, 2015. |
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(b) The change in law made by this Act does not affect the |
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selection of appraisal district directors serving before January 1, |
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2015. |
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(c) A director of an appraisal district that has adopted |
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staggered terms for directors under Section 6.034, Tax Code, who is |
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appointed to a term that begins on January 1, 2015, serves a |
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one-year term. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2015. |
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(b) This section and Sections 7 and 9 of this Act take effect |
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September 1, 2013. |