Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

Senate Bill 447

Senate Author:  Fraser

Effective:  5-18-13

House Sponsor:  King, Tracy O.


            Senate Bill 447 amends the Water Code to authorize the board of directors of a nonprofit water supply or sewer service corporation that provides retail water or sewer service by resolution to declare an unopposed director candidate elected without an election. The bill prohibits a person from influencing or attempting to influence by intimidation or by means of coercion a person to withdraw as a candidate or not to file an application for a place on the ballot so that an election may be canceled.

Senate Bill 447 makes provisions relating to an application for placement on a directors' election ballot applicable only to a corporation that provides retail water or sewer service and revises an application petition requirement to require a petition only for corporations with 1,500 or more members or shareholders.  The bill also makes provisions relating to a directors' election ballot, election procedures, and an annual or special corporation meeting applicable only to a corporation that provides retail water or sewer service.  The bill requires a corporation exempt from such provisions relating to an annual or special meeting to comply with the annual meeting and director election provisions prescribed by the Business Organizations Code for nonprofit corporations.