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A BILL TO BE ENTITLED
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AN ACT
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relating to an election for the removal of a director serving on the |
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board of directors of certain water districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 49, Water Code, is amended |
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by adding Section 49.114 to read as follows: |
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Sec. 49.114. REMOVAL ELECTION CALLED BY PETITION. (a) This |
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section applies only to a district that is: |
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(1) a water control and improvement district operating |
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under Chapter 51; or |
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(2) a municipal utility district operating under |
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Chapter 54. |
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(b) The board shall order an election on the question of |
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removing a director if the board receives a petition requesting an |
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election on that question. The petition must be signed by at least |
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10 percent of the district's registered voters. |
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(c) An election ordered under this section must be held not |
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earlier than the 78th day after the date on which the board received |
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a petition under Subsection (b). |
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(d) An order calling an election held under this section |
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must state: |
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(1) the nature of the election, including the |
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proposition that is to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(e) The board shall give notice of an election ordered under |
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this section by publishing a substantial copy of the election order |
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in a newspaper with general circulation in the district once a week |
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for two consecutive weeks. |
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(f) The first publication must appear not later than the |
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30th day before the date set for the election. |
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(g) Section 41.001, Election Code, does not apply to an |
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election held under this section. |
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(h) If a majority of the votes in an election held under this |
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section favor removal, the board shall order the removal of the |
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director who is the subject of the petition. |
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(i) The removal of a director as provided by this section |
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creates a vacancy on the board to be filled in the manner prescribed |
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by the law governing the district. |
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(j) If a majority of the votes in an election held under this |
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section do not favor removal, the director is entitled to serve the |
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remainder of the director's unexpired term. |
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SECTION 2. This Act takes effect September 1, 2017. |