H.B. No. 648
 
 
 
 
AN ACT
  relating to the selection of directors to the board of directors for
  the Viridian Municipal Management District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3861.051, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3861.051.  GOVERNING BODY; TERMS. (a)  Except as
  provided by Section 3861.0521, the [The] district is governed by a
  board of five directors as follows:
               (1)  three directors appointed by the mayor and the
  governing body of the city as provided by Section 3861.052(a); and
               (2)  two directors elected from the district at large
  as provided by Section 3861.052(b).
         (b)  Directors [who] serve staggered terms of four years[,
  with two or three directors' terms expiring May 31 of each
  even-numbered year].
         SECTION 2.  Section 3861.052, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3861.052.  APPOINTMENT OR ELECTION OF DIRECTORS [DATE].
  (a)  The mayor and members of the governing body of the city shall
  appoint three of the directors from persons recommended by the
  board. A person is appointed if a majority of members and the mayor
  vote to appoint that person.
         (b)  The board shall hold an election to elect one director 
  [elections for directors] on the uniform election date in May in
  each even-numbered year [years].
         SECTION 3.  Subchapter B, Chapter 3861, Special District
  Local Laws Code, is amended by adding Section 3861.0521 to read as
  follows:
         Sec. 3861.0521.  REQUIREMENT TO ELECT ALL DIRECTORS. (a)
  Not later than January 1 of each year, the board shall conduct a
  review to determine what percentage of the developable acreage in
  the district has been developed. The board by rule shall establish
  criteria for determining whether certain acreage is developable.
         (b)  If the board determines on conclusion of a review
  conducted under Subsection (a) that at least 90 percent of the
  developable acreage in the district has been developed, Section
  3861.052 does not apply to the district and all five directors shall
  be selected by elections held on the uniform election date in May in
  even-numbered years.
         (c)  If the board makes the determination described by
  Subsection (b), a director appointed to the board before the board
  makes that determination is entitled to serve the remainder of the
  director's unexpired term.
         (d)  A vacancy on the board that occurs on or after the date
  the board makes the determination described by Subsection (b) shall
  be filled in the manner prescribed by Section 3861.054(b).
         SECTION 4.  Section 3861.054, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3861.054.  VACANCY. (a) If a vacancy occurs in the
  office of an appointed director, the mayor and members of the
  governing body of the city shall fill the vacancy for the remainder
  of the director's unexpired term in the same manner as the original
  appointment.
         (b)  If a vacancy occurs in the office of an elected
  director, the [The] remaining directors shall fill the [a] vacancy
  [on the board] by appointing a person who meets the qualifications
  prescribed by Section 3861.053.
         [(b)] If there are fewer than three directors, the mayor and
  members of the governing body of the city shall appoint the
  necessary number of directors who meet the qualifications
  prescribed by Section 3861.053 to fill all board vacancies,
  regardless of whether the vacating directors were appointed or
  elected.
         SECTION 5.  Section 3861.203, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3861.203.  APPOINTMENT [ELECTION] OF DIRECTORS OF NEW
  DISTRICTS. (a) Not later than the 90th day after the date of an
  election in favor of the division of the district, the mayor and
  members of the governing body of the city [board] shall:
               (1)  appoint [itself as] the board of the original
  district as the board of one of the new districts; and
               (2)  appoint five directors for each of the other new
  districts in the manner prescribed by Section 3861.052(a).
         (b)  Directors appointed under Subsection (a)(1) serve the
  remainder of the [staggered] terms to which they were appointed or
  elected in the original district.  Notwithstanding Section
  3861.053, a director appointed under Subsection (a)(1) is eligible
  to serve only if the director owns land inside the area described by
  the boundaries of the original district. Directors appointed under
  Subsection (a)(2) serve until May 31 of the first even-numbered
  year after the year in which the directors are appointed [the
  election for directors under Subsection (c)].
         (c)  On the uniform election date in May of the first
  even-numbered year after the year in which the directors are
  appointed, the appointed board shall hold an election to elect two
  [five] directors and the mayor and members of the governing body of
  the city shall appoint three directors in the manner prescribed by
  Section 3861.052(a) in each district for which directors were
  appointed under Subsection (a)(2).
         (d)  Section 3861.0521 applies to a new district in the same
  manner as that section applies to the original district. [The
  directors shall draw lots to determine which two shall serve until
  the next regularly scheduled election of directors and which three
  shall serve until the second regularly scheduled election of
  directors.]
         SECTION 6.  (a) A member of a board of directors who was
  elected under Section 3861.052 or 3861.203, Special District Local
  Laws Code, or appointed to fill a vacancy under Section 3861.054,
  Special District Local Laws Code, before the effective date of this
  Act shall continue to serve until the expiration of the member's
  term. As members' terms expire, the mayor and members of the
  governing body of the city shall fill an appropriate number of the
  vacancies by appointment so that the board consists of three
  appointed directors and two elected directors as required by
  Section 3861.052, Special District Local Laws Code, as amended by
  this Act.
         (b)  The mayor and members of the governing body of the city
  may make the appointments permitted by Section 3861.052(a), Special
  District Local Laws Code, as amended by this Act, to fill a vacancy
  occurring on the board of directors on or after the effective date
  of this Act.
         SECTION 7.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 648 was passed by the House on May 8,
  2015, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 648 was passed by the Senate on May
  22, 2015, by the following vote:  Yeas 30, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor