BILL ANALYSIS

 

 

 

C.S.H.B. 2694

By: Vasut

Natural Resources

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

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. C.S.H.B. 2694 seeks to address this need by making the applicable amendments.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2694 amends Chapter 991, Acts of the 74th Legislature, Regular Session, 1995, to change the date of the commissioners' election of the Brazoria Drainage District No. 4 from the uniform election date in November of each even-numbered year to the uniform election date in May of each odd-numbered year and to change the beginning of a commissioner's term from January 1 of the year following the commissioner's election to June 1 of the year of the commissioner's election. The bill provides for the transition to the new election date.

 

C.S.H.B. 2694 establishes 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 the state or the United States other than the office of commissioner for the 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.

 

C.S.H.B. 2694 does the following:

·         removes the requirement 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;

·         removes the requirement for 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; and

·         repeals provisions relating to the requirement for the remaining commissioners, if a vacancy occurs in a commissioner's office and more than 290 days remain before the date of the next regular election of one or more commissioners, to order a special election to fill the office.

The bill instead requires a vacancy in a commissioner's office or other board office to be filled as provided by Water Code provisions generally applicable to all water districts.

 

C.S.H.B. 2694 repeals provisions relating to the following:

·         the printing on a general election ballot of the name of a candidate for a commissioner's office;

·         candidate application;

·         vacancy in the nomination of a political party for a commissioner's office; and

·         the ballot for a commissioner's office.

 

C.S.H.B. 2694 establishes that all applicable requirements relating to the following have been fulfilled and accomplished with respect to the bill:

·         the legal notice of intention to introduce;

·         governor action;

·         Texas Commission on Environmental Quality recommendations; and

·         the state constitution and laws and legislative rules and procedures.

 

C.S.H.B. 2694 repeals Sections 7(b), (c), (d), (e), (h), and (i), Chapter 991, Acts of the 74th Legislature, Regular Session, 1995.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 2694 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute does the following which the introduced did not do:

·         removes the requirement 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;

·         repeals provisions relating to the requirement for the remaining commissioners, if a vacancy occurs in a commissioner's office and more than 290 days remain before the date of the next regular election of one or more commissioners, to order a special election to fill the office; and

·         requires a vacancy in a commissioner's office or other board office to be filled as provided by Water Code provisions generally applicable to all water districts.