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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the board of directors of an |
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appraisal district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 6.03(a), (b), (c), and (l), Tax Code, |
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are amended to read as follows: |
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(a) The appraisal district is governed by a board of five |
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directors. [Five directors are appointed by the taxing units that
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participate in the district as provided by this section. If the
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county assessor-collector is not appointed to the board, the county
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assessor-collector serves as a nonvoting director. The county
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assessor-collector is ineligible to serve if the board enters into
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a contract under Section 6.05(b) or if the commissioners court of
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the county enters into a contract under Section 6.24(b).] To be |
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eligible to serve on the board of directors, an individual [other
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than a county assessor-collector serving as a nonvoting director] |
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must be a resident of the district and must have resided in the |
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district for at least two years immediately preceding the date the |
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individual takes office. An individual who is otherwise eligible |
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to serve on the board is not ineligible because of membership on the |
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governing body of a taxing unit. An employee of a taxing unit that |
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participates in the district is not eligible to serve on the board |
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unless the individual is also a member of the governing body or an |
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elected official of a taxing unit that participates in the |
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district. The county assessor-collector is not eligible to serve on |
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the board. |
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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 |
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by vote of the governing bodies of the incorporated cities and |
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towns, 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 |
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may 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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(l) If a vacancy occurs on the board of directors [other
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than a vacancy in the position held by a county assessor-collector
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serving as a nonvoting director], each taxing unit that is entitled |
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to vote by this section may nominate by resolution adopted by its |
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governing body a candidate to fill the vacancy. The unit shall |
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submit the name of its nominee to the chief appraiser within 45 days |
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after notification from the board of directors of the existence of |
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the vacancy, and the chief appraiser shall prepare and deliver to |
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the board of directors within the next five days a list of the |
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nominees. The board of directors shall elect by majority vote of |
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its members one of the nominees to fill the vacancy. |
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SECTION 2. Section 6.034(a), Tax Code, is amended to read as |
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follows: |
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(a) The taxing units participating in an appraisal district |
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may provide that the terms of the [appointed] members of the board |
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of directors be staggered if the governing bodies of at least |
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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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staggered terms. A change to staggered terms may be adopted only if |
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the method or procedure for appointing board members is changed |
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under Section 6.031 [of this code] to eliminate or have the effect |
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of eliminating cumulative voting for board members as provided by |
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Section 6.03 [of this code]. A change to staggered terms may be |
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proposed concurrently with a change that eliminates or has the |
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effect of eliminating cumulative voting. |
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SECTION 3. Section 6.15(c), Tax Code, is repealed. |
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SECTION 4. The changes in law made by this Act do not affect |
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the eligibility of a county assessor-collector serving as an |
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appointed member of the board of directors of an appraisal district |
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immediately before the effective date of this Act to continue to |
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serve on the board for the remainder of the term to which the member |
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was appointed. |
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SECTION 5. This Act takes effect September 1, 2015. |