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AN ACT
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relating to the removal by the county commissioners court of |
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appointed special district board members who engage in misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 177 to read as follows: |
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CHAPTER 177. REMOVAL OF SPECIAL DISTRICT BOARD MEMBERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 177.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the governing body of a special |
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district. |
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(2) "Director" means a board member. |
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(3) "Misconduct" means intentionally or knowingly: |
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(A) violating a law relating to the office of |
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director; or |
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(B) misapplying any thing of value belonging to a |
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special district that has come into the custody or possession of a |
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director by virtue of the director's office. |
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(4) "Special district" means a political subdivision |
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of this state with a limited geographic area created by local law or |
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under general law for a special purpose. |
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[Sections 177.002-177.050 reserved for expansion] |
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SUBCHAPTER B. REMOVAL OF APPOINTED BOARD MEMBERS FOR MISCONDUCT |
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Sec. 177.051. APPLICABILITY. This subchapter applies to |
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any type of special district with a board that is wholly or partly |
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appointed, including: |
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(1) agricultural development districts; |
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(2) appraisal districts; |
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(3) athletic stadium authorities; |
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(4) civic center authorities; |
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(5) coastal water authorities; |
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(6) coordinated county transportation authorities; |
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(7) conservation and reclamation districts; |
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(8) county development districts; |
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(9) county health care funding districts; |
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(10) county hospital authorities; |
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(11) county mass transit authorities; |
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(12) crime control and prevention districts; |
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(13) defense adjustment management authorities; |
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(14) defense base development authorities; |
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(15) districts governing groundwater; |
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(16) drainage districts; |
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(17) emergency communication districts; |
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(18) emergency services districts; |
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(19) fire control, prevention, and emergency medical |
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services districts; |
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(20) freight rail districts; |
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(21) fresh water supply districts; |
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(22) groundwater conservation districts; |
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(23) health care funding districts; |
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(24) health services districts; |
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(25) higher education facility authorities; |
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(26) hospital districts; |
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(27) improvement districts; |
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(28) indigent health care districts; |
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(29) intermunicipal commuter rail districts; |
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(30) irrigation districts; |
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(31) jail districts; |
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(32) levee improvement districts; |
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(33) library districts; |
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(34) metropolitan rapid transit authorities; |
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(35) multi-jurisdictional library districts; |
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(36) municipal development districts; |
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(37) municipal hospital authorities; |
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(38) municipal management districts; |
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(39) municipal utility districts; |
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(40) navigation districts; |
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(41) noxious weed control districts; |
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(42) park and recreation districts; |
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(43) parks and recreational facilities districts; |
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(44) port authorities; |
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(45) public improvement districts; |
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(46) rail districts; |
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(47) rapid transit authorities; |
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(48) regional districts; |
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(49) regional transportation authorities; |
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(50) river authorities; |
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(51) road districts; |
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(52) road utility districts; |
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(53) rural rail transportation districts; |
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(54) rural transit districts; |
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(55) school districts; |
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(56) seawall commissions; |
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(57) solid waste management districts; |
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(58) soil and water conservation districts; |
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(59) special utility districts; |
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(60) sports and community venue districts; |
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(61) sports facility districts; |
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(62) stormwater control districts; |
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(63) subsidence districts; |
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(64) urban transit districts; |
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(65) water control and improvement districts; |
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(66) water control and preservation districts; |
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(67) water districts; |
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(68) water import authorities; and |
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(69) water improvement districts. |
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Sec. 177.052. EXEMPTIONS. (a) This subchapter does not |
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apply to a regional planning commission under Chapter 391. |
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(b) This subchapter does not apply to a director who is a |
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county officer under Section 24, Article V, Texas Constitution. |
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Sec. 177.053. REMOVAL OF DIRECTOR BY COMMISSIONERS COURT |
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FOR MISCONDUCT. (a) The commissioners court of a county may |
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remove for misconduct a director who: |
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(1) serves as a director of a special district located |
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wholly or partly in the county; and |
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(2) was appointed by the commissioners court. |
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(b) To the extent of a conflict, this section prevails over |
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any conflicting law. |
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Sec. 177.054. HEARING. (a) A commissioners court that |
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desires to remove a director for misconduct shall hold a hearing on |
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the director's removal. |
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(b) The director and any interested person is entitled to |
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appear at the hearing. |
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Sec. 177.055. ORDER REMOVING DIRECTOR. (a) To remove a |
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director of a special district located wholly in one county, the |
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commissioners court of the county must: |
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(1) find after the hearing that the director engaged |
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in misconduct; and |
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(2) issue an order removing the director. |
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(b) To remove a director of a special district located in |
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more than one county: |
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(1) a commissioners court that appointed the director |
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on its sole authority must find after the hearing that the director |
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engaged in misconduct and issue an order removing the director; or |
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(2) for a director appointed other than on the sole |
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authority of a single commissioners court, the commissioners court |
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of each county in which the district is located must find after the |
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hearing held by that court that the director engaged in misconduct |
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and issue an order removing the director. |
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Sec. 177.056. VACANCY. (a) If a general or special law |
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that governs the special district does not provide a method for |
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filling a vacancy, the commissioners court that removed the |
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director by order may appoint a director to serve the remainder of |
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the removed director's term. |
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(b) If the special district is located wholly or partly in |
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more than one county and if the action of more than one |
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commissioners court was needed under Section 177.055(b)(2) to |
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remove the director, the commissioners court of each of those |
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counties must agree on the appointment. |
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SECTION 2. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1207 passed the Senate on |
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April 4, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1207 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |