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AN ACT
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relating to the appointment and removal of directors of a levee |
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improvement district; validating certain appointments and actions |
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of certain levee improvement districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 57.053, Water Code, is amended to read as |
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follows: |
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Sec. 57.053. VACANCY AND [TERM OF OFFICE,] REMOVAL[, AND |
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SUCCESSION]. (a) A vacancy on an appointed [the] board is [shall |
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be] filled by the appointment of a director by a majority vote of |
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the commissioners court. A director appointed to fill a vacancy |
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must be a person qualified for election as a director under Section |
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57.059. The commissioners[, and the] court shall appoint directors |
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so that the board will always have full membership. |
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(b) The commissioners court, by majority vote, may remove a |
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director who was appointed by the commissioners court [an appointed |
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member of the board]. |
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(c) A vacancy on an elected board is filled in accordance |
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with Section 49.105. |
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SECTION 2. (a) The changes in law made by this Act apply |
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only to the board of directors of a levee improvement district |
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governed by Chapter 57, Water Code, in relation to a vacancy on the |
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board filled, or the removal of a director, that occurs on or after |
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the effective date of this Act. A vacancy filled or removal of a |
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director before the effective date of this Act is governed by the |
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law in effect on the date the vacancy was filled or the director was |
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removed. |
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(b) The filling of a vacancy on the board of directors of a |
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levee improvement district governed by Chapter 57, Water Code, that |
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occurred before the effective date of this Act and that was |
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accomplished in accordance with Section 49.105, Water Code, is |
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ratified, confirmed, and validated and all governmental acts and |
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proceedings of a board of directors affected by the validation that |
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occurred before the effective date of this Act are validated for all |
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purposes. |
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SECTION 3. 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, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2951 was passed by the House on May 8, |
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2021, by the following vote: Yeas 133, Nays 6, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2951 was passed by the Senate on May |
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27, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |