83R6338 SLB-F

By: Birdwell S.B. No. 683

A BILL TO BE ENTITLED

AN ACT

relating to the election of members of the board of directors of the Benbrook Water Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3(c), Chapter 123, Acts of the 54th Legislature, Regular Session, 1955, is amended to read as follows:

(c) Regular [A regular election for the election of Directors shall be held on the first Saturday in April of each year after 1969 and before 1994. After 1993, regular] elections for the election of the appropriate number of Directors must be held on the [a] uniform date in November of each odd-numbered year or another date authorized by law and are governed by Chapters 49 and 51, Water Code. The regular elections shall be called by the Board of Directors. The Board shall appoint the presiding judge who shall appoint an assistant judge and at least two (2) clerks. Notice shall be given the same as is provided for the first election of Directors. Only qualified voters residing in the Authority are entitled to vote at an election of Directors. Directors serve staggered four-year terms, with two or three Directors' terms expiring each odd-numbered year on the date the successors qualify. [After 1969 and before 1997, in even-numbered years the two (2) candidates receiving the highest number of votes shall be elected to serve for a period of two years and in odd-numbered years the three (3) candidates receiving the highest number of votes shall be elected to serve for two (2) years. Three Directors shall be elected in 1997, and the three candidates receiving the highest number of votes in that year shall be elected for a term of three years.] In [the election of Directors held in 2000 and in] every [subsequent] election at which three Directors are elected, the three candidates receiving the highest number of votes shall be elected for a term of four years. In [the election of Directors held in 1998 and in] every [subsequent] election at which two Directors are elected, the two candidates receiving the highest number of votes shall be elected for a term of four years.

SECTION 2. A member of the board of directors of the Benbrook Water Authority who is serving on the day before the effective date of this Act shall serve until the expiration of the director's term, as provided by Resolution No. 2012-4 adopted by the board of directors of the Benbrook Water Authority on February 7, 2012.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.