85R11168 TSR-D
 
  By: Campbell S.B. No. 1469
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an election for the removal of a director serving on the
  board of directors of certain water districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 49, Water Code, is amended
  by adding Section 49.114 to read as follows:
         Sec. 49.114.  REMOVAL ELECTION CALLED BY PETITION. (a)  This
  section applies only to a district that is:
               (1)  a water control and improvement district operating
  under Chapter 51; or 
               (2)  a municipal utility district operating under
  Chapter 54.
         (b)  The board shall order an election on the question of
  removing a director if the board receives a petition requesting an
  election on that question.  The petition must be signed by at least
  10 percent of the district's registered voters.
         (c)  An election ordered under this section must be held not
  earlier than the 78th day after the date on which the board received
  a petition under Subsection (b).
         (d)  An order calling an election held under this section
  must state:
               (1)  the nature of the election, including the
  proposition that is to appear on the ballot;
               (2)  the date of the election;
               (3)  the hours during which the polls will be open; and
               (4)  the location of the polling places.
         (e) The board shall give notice of an election ordered under
  this section by publishing a substantial copy of the election order
  in a newspaper with general circulation in the district once a week
  for two consecutive weeks.
         (f)  The first publication must appear not later than the
  30th day before the date set for the election.
         (g)  Section 41.001, Election Code, does not apply to an
  election held under this section. 
         (h)  If a majority of the votes in an election held under this
  section favor removal, the board shall order the removal of the
  director who is the subject of the petition.
         (i)  The removal of a director as provided by this section
  creates a vacancy on the board to be filled in the manner prescribed
  by the law governing the district.
         (j)  If a majority of the votes in an election held under this
  section do not favor removal, the director is entitled to serve the
  remainder of the director's unexpired term.
         SECTION 2.  This Act takes effect September 1, 2017.