S.B. No. 1056
 
 
 
 
AN ACT
  relating to the directors and administration of the Hidalgo County
  Water Improvement District No. 3.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9054 to read as follows:
  CHAPTER 9054. HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 9054.0001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Hidalgo County Water
  Improvement District No. 3.
         Sec. 9054.0002.  NATURE OF DISTRICT. The district is a
  conservation and reclamation district organized to accomplish the
  purposes of Section 59, Article XVI, Texas Constitution, and
  operating as a water control and improvement district in accordance
  with Chapters 49 and 51, Water Code.
  SUBCHAPTER B. ELECTIONS
         Sec. 9054.0101.  ELECTIONS. (a) The district shall hold an
  election on the uniform election date in November of each
  even-numbered year to elect the appropriate number of directors.
         (b)  The district shall contract with the county elections
  administrator as provided by Subchapter D, Chapter 31, Election
  Code, to perform all duties and functions of the district in
  relation to an election of directors.
         Sec. 9054.0102.  ELIGIBILITY TO VOTE. To be eligible to vote
  in an election in the district, a person must be:
               (1)  a qualified voter as defined by Section 11.002,
  Election Code, on the day the person offers to vote; and
               (2)  a person who resides on land inside the territory
  defined by the boundaries of the district as submitted to the
  commission under Section 49.455(j), Water Code, or commission rule.
         Sec. 9054.0103.  PROCEDURES FOR IDENTIFYING VOTERS;
  PROVISIONAL VOTING. (a) The district shall submit to the registrar
  a description or map of the territory defined by the boundaries of
  the district as submitted to the commission under Section
  49.455(j), Water Code, or commission rule, that is in sufficient
  detail to enable the registrar to produce the official list of the
  district's eligible voters.
         (b)  The district shall submit the information required
  under this section not later than the 30th day after the date of the
  last day to order a general or special election.
         (c)  If county election officials are unable to verify
  whether a voter is eligible under Section 9054.0102, the voter may
  be accepted to vote only provisionally under Section 63.011,
  Election Code.
         Sec. 9054.0104.  BOND AND CONTRACT ELECTIONS; NOVEMBER
  DATES. (a) A bond election held by the district must be held in
  accordance with Section 49.106, Water Code, except that the
  district may not hold the election on a date other than the uniform
  election date prescribed by Section 41.001, Election Code, that
  occurs in November of the applicable tax year.
         (b)  A contract election held by the district must be held in
  accordance with Section 49.108, Water Code, except that the
  district may not hold the election on a date other than the uniform
  election date prescribed by Section 41.001, Election Code, that
  occurs in November of the applicable tax year.
         Sec. 9054.0105.  EXCLUSION OF TERRITORY. (a) This section
  applies to the exclusion of territory by the district under the
  authority of Subchapters J and J-1, Chapter 49, Water Code, and
  Subchapter O, Chapter 51, Water Code.
         (b)  The district may exclude territory on the basis that the
  land is in agricultural use only if the land meets the requirements
  for agricultural use under Section 23.51, Tax Code.
         (c)  The district may exclude territory on the basis that the
  land is nonirrigated property only if the land meets the
  requirements for nonirrigated property under Section 49.309, Water
  Code.
         (d)  The district may exclude territory on the basis of the
  property being urban property only if the property meets the
  requirements of Section 49.3181, Water Code.
         (e)  The district may not exclude territory during the period
  of time between the first day that a candidate may file an
  application under Section 141.040, Election Code, and the day of
  the election in which that candidate appears on the ballot.
  SUBCHAPTER C. BOARD OF DIRECTORS
         Sec. 9054.0201.  DIRECTORS; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered terms of four years.
         Sec. 9054.0202.  VACANCIES. (a) The district shall fill a
  vacancy on the board in accordance with Sections 49.105(a)-(c),
  Water Code.
         (b)  If a position on the board becomes vacant on a date that
  is more than two years before the next scheduled date for an
  election for the office, the board shall:
               (1)  appoint a person to fill the vacant office until a
  person elected to that office has qualified; and
               (2)  hold an election to elect a member to fill the
  vacant office for the remainder of the unexpired term together with
  the next regularly scheduled election for other directors' offices.
         (c)  Section 49.105(d) does not apply to the board.
         Sec. 9054.0203.  QUALIFICATIONS FOR DIRECTOR. (a) To be
  qualified to serve as a director, a person:
               (1)  must be eligible to hold office under Section
  141.001, Election Code, and Section 9054.0204; and
               (2)  must:
                     (A)  own land subject to taxation in the district;
                     (B)  be a user of the facilities of the district;
  or
                     (C)  be a qualified voter of the district under
  Section 9054.0102.
         (b)  Section 49.052, Water Code, applies to the district.
         Sec. 9054.0204.  DISQUALIFICATION OF DIRECTORS. (a) A
  member of the governing body of another political subdivision is
  disqualified from serving as a director.
         (b)  A director is disqualified from serving as a director
  if:
               (1)  the director is appointed or elected as a member of
  the governing body of another political subdivision; or
               (2)  the board determines a relationship or employment
  exists that constitutes a disqualification under Section
  49.052(a), Water Code.
         (c)  A person is disqualified from serving as a director if
  the person or a relative of the person within the third degree by
  consanguinity or affinity, as determined by Chapter 573, Government
  Code:
               (1)  received 10 percent or more of gross income for the
  previous year from a business entity or other organization, other
  than a governmental entity, that receives money from the district;
               (2)  is employed by or participates in the management
  of a business entity or other organization, other than a
  governmental entity, that receives money from the district;
               (3)  directly or indirectly owns or controls more than
  a 10 percent interest in the fair market value of a business or
  other organization that receives money from the district;
               (4)  serves as a corporate officer or member of the
  board of directors of a business entity or other organization that
  receives money from the district;
               (5)  is a creditor, debtor, or guarantor in an amount of
  $5,000 or more of a person or business entity that receives money
  from the district;
               (6)  uses or receives a substantial amount of tangible
  goods, services, or money from the district other than compensation
  or reimbursement authorized by law; or
               (7)  is required to register as a lobbyist under
  Chapter 305, Government Code, because of the person's activities
  for compensation on behalf of a profession related to the operation
  of the district.
         SECTION 2.  (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 3.  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, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1056 passed the Senate on
  April 26, 2023, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2023, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1056 passed the House, with
  amendment, on May 24, 2023, by the following vote: Yeas 117,
  Nays 21, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor