87R8556 SLB-D

By: Herrero H.B. No. 4621

A BILL TO BE ENTITLED

AN ACT

relating to the number, terms, and compensation of the commissioners of the Nueces County Drainage and Conservation District Number 2.

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

SECTION 1. Sections 5 and 6, Chapter 520, Acts of the 57th Legislature, Regular Session, 1961, are amended to read as follows:

Sec. 5. (a) Except as provided by Subsection (d), the District is governed by a board of three Commissioners.

(b) No Commissioner of said District shall be eligible for office unless the Commissioner [he] resides within the boundaries of the District, owns land within the District and is a duly qualified voter of said District.

(c) Except as provided by Subsection (d), Commissioners serve staggered four-year terms.

(d) The board by resolution adopted on a vote of a majority of the Commissioners may expand the number of Commissioners from three to five. For the first election to elect Commissioners that follows the adoption of the resolution, the Commissioners shall call for an election of five Commissioners to fill all positions on the board. On organizing the board at the first board meeting following the election, the Commissioners shall draw lots to determine which three Commissioners shall serve four-year terms and which two Commissioners shall serve two-year terms.

Sec. 6. (a) The Commissioners of Nueces County Drainage and Conservation District Number 2 may receive for their services compensation for the time actually engaged in the work of their District, the amount of which compensation shall be fixed by the Commissioners Court of Nueces County by an order entered in the minutes of said Court at any amount up to, but not in excess of, $500 in any one (1) calendar month. The amount of such compensation shall be determined upon the application therefor in writing by the Commissioners of the District located in Nueces County filed with the Commissioners Court in said County showing the necessity therefor and provided that said Commissioners Court, after having heard such petitions, may deny or grant the same in whole or in part and shall enter their written order in the minutes of said Court fixing the amount of such compensation within the limit aforesaid.

(b) The amount of compensation limited by Subsection (a) does not include the value of benefits, including health care coverage, provided to the Commissioners.

SECTION 2. Unless the commissioners of the Nueces County Drainage and Conservation District Number 2 adopt a resolution under Section 5(d), Chapter 520, Acts of the 57th Legislature, Regular Session, 1961, as added by this Act, the commissioners shall draw lots to determine which two commissioners serve a term of four years, and which commissioner serves a term of two years.

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, 2021.