BILL ANALYSIS

Senate Research Center	H.B. 2694
89R25703 MP-F	By: Vasut (Middleton)
	Local Government
	5/21/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The bill author has informed the committee of the need to amend the governance structure of the Brazoria Drainage District No. 4 with regard to the election schedule, terms, and resignation procedures for the district's board of commissioners. H.B. 2694 seeks to address this need by making the applicable amendments.

H.B. 2694 amends current law relating to the election and resignation of and filling of vacancies on the board of commissioners of the Brazoria Drainage District No. 4.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 7, Chapter 991, Acts of the 74th Legislature, Regular Session, 1995, by amending Subsections (a) and (f) and adding Subsection (a-1), as follows:

(a) Requires the board of commissioners of the Brazoria Drainage District No. 4 (board) to call and hold elections for the appropriate number of commissioners on the uniform election date in May of each odd-numbered year, rather than November of each even-numbered year. Provides that the commissioners serve staggered four-year terms, each beginning June 1 of the year of the commissioner's election and continuing until the commissioner's successor in office is elected and has qualified. Deletes existing text providing that, notwithstanding Section 56.063, Water Code, the commissioners serve staggered four-year terms, each beginning January 1 of the year following the commissioner's election and continuing until the commissioner's successor in office is elected and has qualified.

(a-1) Provides that, if a commissioner announces the commissioner's candidacy, or in fact becomes a candidate, in any general, special, or primary election for any office of profit or trust under the laws of this state or the United States other than the office of commissioner for the Brazoria Drainage District No. 4 (district) at any time when the unexpired term of office of the commissioner exceeds one year and 30 days, the announcement or candidacy constitutes an automatic resignation of the office of the commissioner.

(f) Requires that a vacancy in a commissioner's office or other board office be filled as provided by Section 49.105 (Vacancies), Water Code. Deletes existing text requiring that a vacancy in a commissioner's office or other board office be filled by appointment by the remaining commissioners if less than 290 days remain before the date of the next regular election of one or more commissioners. Deletes existing text requiring the commissioners, if the commissioners do not agree on an appointment before the 61st day after the date the vacancy occurs, to call and hold a special election to fill the office before the 121st day after the date the vacancy occurs.

SECTION 2. Repealers: Sections 7(b) (relating to requiring a certain candidate for a commissioner's office to have the candidate's name printed on the general election ballot in a certain manner) and (c) (relating to requiring that the application of an independent candidate for a commissioner's office fulfill certain requirements), Chapter 991, Acts of the 74th Legislature, Regular Session, 1995.

Repealers: Sections 7(d) (relating to authorizing the executive committee of the party for the district to name a candidate to fill a vacancy in the nomination of a political party for a commissioner's office) and (e) (relating to authorizing a commissioner's office to be listed on a separate ballot provided along with the regular ballot to the voters entitled to vote on the office), Chapter 991, Acts of the 74th Legislature, Regular Session, 1995.

Repealers: Sections 7(h) (relating to requiring a special election to fill a vacancy in a commissioner's office) and (i) (relating to requiring a commissioner to be elected to Place No. 1 and to Place No. 2 with each to serve a four-year term, and a commissioner to be elected to Place No. 3 to serve a two-year term), Chapter 991, Acts of the 74th Legislature, Regular Session, 1995.

SECTION 3. (a) Requires the district to hold the first election to elect commissioners for Place No. 1 and Place No. 2 as described by Section 7(a), Chapter 991, Acts of the 74th Legislature, Regular Session, 1995, as amended by this Act, on the uniform election date in May 2029.

(b) Requires the district to hold the first election to elect the commissioner for Place No. 3 as described by Section 7(a), Chapter 991, Acts of the 74th Legislature, Regular Session, 1995, as amended by this Act, on the uniform election date in May 2027.

(c) Provides that the terms of the commissioners for Place No. 1 and Place No. 2 serving on the board on the effective date of this Act expire on the later of May 31, 2029, or the date the commissioners elected under Subsection (a) of this section have qualified.

(d) Provides that the term of the commissioner for Place No. 3 serving on the board immediately before the date of the election held under Subsection (b) of this section expires on the later of May 31, 2027, or the date the commissioner elected under that subsection has qualified.

SECTION 4. Provides that 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 5. Effective date: upon passage or September 1, 2025.