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A BILL TO BE ENTITLED
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AN ACT
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relating to the board of directors of the Agua Special Utility |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7201.052, Special District Local Laws |
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Code, is amended by amending Subsections (a), (b), (c), and (l) and |
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adding Subsection (m) to read as follows: |
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(a) Except as provided by Subsection (l), the district shall |
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be governed by a board of seven directors, elected as follows: |
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(1) one director elected by the voters of the part of |
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the City of Mission inside the district to represent that part of |
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the city; |
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(2) one director elected by the voters of the City of |
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Palmview to represent that city; |
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(3) one director elected by the voters of the City of |
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Penitas to represent that city; |
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(4) one director elected by the voters of the City of |
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Sullivan City to represent that city; [and] |
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(5) one director elected by the voters of the part of |
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the City of La Joya within the district to represent that part of |
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the city; and |
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(6) two [three] directors elected at-large to numbered |
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positions on the board by the district voters who do not reside in |
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any of the municipalities listed in Subdivisions (1)-(5) [(1)-(4)] |
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to represent the part of the district that is not included in those |
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municipalities, unless the number of at-large directors is |
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increased under Subsection (l). |
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(b) A candidate for one of the numbered director positions: |
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(1) must reside in the part of the service area of the |
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district that is not included in any of the municipalities listed in |
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Subsections (a)(1)-(5) [(a)(1)-(4)]; and |
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(2) must be eligible to hold office under Section |
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141.001, Election Code. |
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(c) A candidate for one of the director positions |
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representing a municipality listed in Subsection (a)(1), (2), (3), |
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[or] (4), or (5): |
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(1) must reside in the municipality the candidate |
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seeks to represent; and |
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(2) must be eligible to hold office under Section |
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141.001, Election Code. |
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(l) If, before the expiration of the term of a director |
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elected to represent a municipality under Subsection (a)(1), (2), |
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(3), [or] (4), or (5), the district determines that all of the |
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incorporated territory of the municipality is outside the |
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boundaries of the district, the position immediately becomes an |
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at-large numbered position to be filled at the next general |
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election of the district in accordance with Subsections (a)(6) |
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[(a)(5)] and (b). |
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(m) The board may not employ as an employee, as a |
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consultant, or on a contract basis: |
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(1) an elected official of the largest public employer |
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in the service area of the district; or |
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(2) a person related to an elected official described |
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by Subdivision (1) within the third degree by consanguinity or |
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affinity as determined under Chapter 573, Government Code. |
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SECTION 2. A person employed by the Agua Special Utility |
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District on the effective date of this Act who is an elected |
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official of a public employer described by Section 7201.052, |
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Special District Local Laws Code, as amended by this Act, is not |
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subject to that section until the date the person's term as an |
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elected official expires, and the board may continue to employ the |
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person until that date. |
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SECTION 3. (a) The position of director of the Agua |
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Special Utility District elected at-large for a term that expires |
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in 2018 becomes the position for the director elected from the City |
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of La Joya on the election date in 2018 when the district elects new |
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directors. The director of the Agua Special Utility District |
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elected at-large to a term that expires in 2018 shall serve until a |
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director elected from the City of La Joya has qualified following |
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the director's election held in 2018. |
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(b) This section expires September 1, 2020. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect September 1, 2017. |