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A BILL TO BE ENTITLED
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AN ACT
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relating to the election and resignation of and filling of |
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vacancies on the board of commissioners of the Brazoria Drainage |
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District No. 4. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7, Chapter 991, Acts of the 74th |
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Legislature, Regular Session, 1995, is amended by amending |
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Subsections (a) and (f) and adding Subsection (a-1) to read as |
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follows: |
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(a) The district is managed by a board of three |
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commissioners as provided by Chapter 56, Water Code, and each holds |
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an elected office designated as Place No. 1, Place No. 2, or Place |
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No. 3. The board shall call and hold elections for the appropriate |
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number of commissioners on the uniform election date in May |
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[November] of each odd-numbered [even-numbered] year. The |
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[Notwithstanding Section 56.063, Water Code, the] commissioners |
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serve staggered four-year terms, each beginning June [January] 1 of |
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the year of [following] the commissioner's election and continuing |
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until the commissioner's successor in office is elected and has |
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qualified. |
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(a-1) If a commissioner announces the commissioner's |
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candidacy, or in fact becomes a candidate, in any general, special, |
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or primary election for any office of profit or trust under the laws |
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of this state or the United States other than the office of |
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commissioner for the district at any time when the unexpired term of |
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office of the commissioner exceeds one year and 30 days, the |
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announcement or candidacy constitutes an automatic resignation of |
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the office of the commissioner. |
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(f) A vacancy in a commissioner's office or other board |
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office shall be filled as provided by Section 49.105, Water Code [by |
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appointment by the remaining commissioners if less than 290 days |
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remain before the date of the next regular election of one or more |
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commissioners. If the commissioners do not agree on an appointment |
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before the 61st day after the date the vacancy occurs, the |
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commissioners shall call and hold a special election to fill the |
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office before the 121st day after the date the vacancy occurs]. |
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SECTION 2. Sections 7(b), (c), (d), (e), (h), and (i), |
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Chapter 991, Acts of the 74th Legislature, Regular Session, 1995, |
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are repealed. |
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SECTION 3. (a) The Brazoria Drainage District No. 4 shall |
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hold the first election to elect commissioners for Place No. 1 and |
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Place No. 2 as described by Section 7(a), Chapter 991, Acts of the |
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74th Legislature, Regular Session, 1995, as amended by this Act, on |
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the uniform election date in May 2029. |
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(b) The Brazoria Drainage District No. 4 shall hold the |
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first election to elect the commissioner for Place No. 3 as |
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described by Section 7(a), Chapter 991, Acts of the 74th |
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Legislature, Regular Session, 1995, as amended by this Act, on the |
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uniform election date in May 2027. |
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(c) The terms of the commissioners for Place No. 1 and Place |
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No. 2 serving on the board of commissioners of the Brazoria Drainage |
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District No. 4 on the effective date of this Act expire on the later |
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of May 31, 2029, or the date the commissioners elected under |
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Subsection (a) of this section have qualified. |
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(d) The term of the commissioner for Place No. 3 serving on |
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the board of commissioners of the Brazoria Drainage District No. 4 |
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immediately before the date of the election held under Subsection |
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(b) of this section expires on the later of May 31, 2027, or the date |
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the commissioner elected under that subsection has qualified. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |