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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of directors to the board of directors for |
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the Viridian Municipal Management District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3861.051, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3861.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Section 3861.0521, the [The] district is governed by a |
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board of five directors as follows: |
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(1) three directors appointed by the mayor and the |
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governing body of the city as provided by Section 3861.052(a); and |
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(2) two directors elected from the district at large |
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as provided by Section 3861.052(b). |
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(b) Directors [who] serve staggered terms of four years[,
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with two or three directors' terms expiring May 31 of each
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even-numbered year]. |
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SECTION 2. Section 3861.052, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3861.052. APPOINTMENT OR ELECTION OF DIRECTORS [DATE]. |
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(a) The mayor and members of the governing body of the city shall |
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appoint three of the directors from persons recommended by the |
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board. A person is appointed if a majority of members and the mayor |
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vote to appoint that person. |
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(b) The board shall hold an election to elect one director |
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[elections for directors] on the uniform election date in May in |
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each even-numbered year [years]. |
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SECTION 3. Subchapter B, Chapter 3861, Special District |
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Local Laws Code, is amended by adding Section 3861.0521 to read as |
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follows: |
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Sec. 3861.0521. REQUIREMENT TO ELECT ALL DIRECTORS. (a) |
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Not later than January 1 of each year, the board shall conduct a |
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review to determine what percentage of the developable acreage in |
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the district has been developed. The board by rule shall establish |
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criteria for determining whether certain acreage is developable. |
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(b) If the board determines on conclusion of a review |
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conducted under Subsection (a) that at least 90 percent of the |
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developable acreage in the district has been developed, Section |
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3861.052 does not apply to the district and all five directors shall |
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be selected by elections held on the uniform election date in May in |
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even-numbered years. |
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(c) If the board makes the determination described by |
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Subsection (b), a director appointed to the board before the board |
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makes that determination is entitled to serve the remainder of the |
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director's unexpired term. |
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(d) A vacancy on the board that occurs on or after the date |
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the board makes the determination described by Subsection (b) shall |
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be filled in the manner prescribed by Section 3861.054(b). |
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SECTION 4. Section 3861.054, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3861.054. VACANCY. (a) If a vacancy occurs in the |
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office of an appointed director, the mayor and members of the |
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governing body of the city shall fill the vacancy for the remainder |
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of the director's unexpired term in the same manner as the original |
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appointment. |
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(b) If a vacancy occurs in the office of an elected |
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director, the [The] remaining directors shall fill the [a] vacancy |
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[on the board] by appointing a person who meets the qualifications |
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prescribed by Section 3861.053. |
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[(b)] If there are fewer than three directors, the mayor and |
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members of the governing body of the city shall appoint the |
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necessary number of directors who meet the qualifications |
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prescribed by Section 3861.053 to fill all board vacancies, |
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regardless of whether the vacating directors were appointed or |
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elected. |
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SECTION 5. Section 3861.203, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3861.203. APPOINTMENT [ELECTION] OF DIRECTORS OF NEW |
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DISTRICTS. (a) Not later than the 90th day after the date of an |
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election in favor of the division of the district, the mayor and |
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members of the governing body of the city [board] shall: |
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(1) appoint [itself as] the board of the original |
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district as the board of one of the new districts; and |
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(2) appoint five directors for each of the other new |
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districts in the manner prescribed by Section 3861.052(a). |
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(b) Directors appointed under Subsection (a)(1) serve the |
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remainder of the [staggered] terms to which they were appointed or |
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elected in the original district. Notwithstanding Section |
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3861.053, a director appointed under Subsection (a)(1) is eligible |
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to serve only if the director owns land inside the area described by |
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the boundaries of the original district. Directors appointed under |
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Subsection (a)(2) serve until May 31 of the first even-numbered |
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year after the year in which the directors are appointed [the
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election for directors under Subsection (c)]. |
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(c) On the uniform election date in May of the first |
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even-numbered year after the year in which the directors are |
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appointed, the appointed board shall hold an election to elect two |
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[five] directors and the mayor and members of the governing body of |
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the city shall appoint three directors in the manner prescribed by |
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Section 3861.052(a) in each district for which directors were |
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appointed under Subsection (a)(2). |
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(d) Section 3861.0521 applies to a new district in the same |
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manner as that section applies to the original district. [The
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directors shall draw lots to determine which two shall serve until
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the next regularly scheduled election of directors and which three
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shall serve until the second regularly scheduled election of
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directors.] |
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SECTION 6. (a) A member of a board of directors who was |
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elected under Section 3861.052 or 3861.203, Special District Local |
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Laws Code, or appointed to fill a vacancy under Section 3861.054, |
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Special District Local Laws Code, before the effective date of this |
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Act shall continue to serve until the expiration of the member's |
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term. As members' terms expire, the mayor and members of the |
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governing body of the city shall fill an appropriate number of the |
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vacancies by appointment so that the board consists of three |
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appointed directors and two elected directors as required by |
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Section 3861.052, Special District Local Laws Code, as amended by |
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this Act. |
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(b) The mayor and members of the governing body of the city |
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may make the appointments permitted by Section 3861.052(a), Special |
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District Local Laws Code, as amended by this Act, to fill a vacancy |
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occurring on the board of directors on or after the effective date |
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of this Act. |
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SECTION 7. This Act takes effect September 1, 2015. |