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AN ACT
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relating to the board of directors of the Old Celina Municipal |
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Management District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3919.001, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3919.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Celina, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) [(3)] "County" means Collin County, Texas. |
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(5) [(4)] "Director" means a board member. |
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(6) [(5)] "District" means the Old Celina Municipal |
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Management District No. 1. |
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SECTION 2. Section 3919.051, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3919.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors [composed of:
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[(1) three directors appointed by the governing body of
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the city;
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[(2) the city manager; and
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[(3) the city's chief financial officer]. |
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(b) Directors [Appointed directors] serve staggered terms |
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of four years, with [one or] two or three directors' terms expiring |
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May 31 of each odd-numbered [even-numbered] year. |
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(c) The board shall hold an election for directors on the |
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uniform election date in May in odd-numbered years. |
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SECTION 3. Section 3919.052(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) Section 375.072(c) [Sections 375.063 and 375.072(a) and
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(c)], Local Government Code, does [do] not apply to a director. |
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SECTION 4. Section 3919.053, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3919.053. VACANCY. If a vacancy occurs on the board, |
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the remaining directors [The governing body of the city] shall |
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appoint a director to serve [fill a vacancy on the board] for the |
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remainder of the unexpired term. |
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SECTION 5. Section 3919.056(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) The district shall compensate directors as provided by |
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Section 49.060, Water Code[, each director who is not a member of
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the governing body of the city or an employee of the city]. |
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SECTION 6. Section 3919.059, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 3919.059. REMOVAL OF DIRECTORS. (a) The board |
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[governing body of the city] may remove a director by unanimous vote |
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of the other directors if the director has missed at least half of |
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the meetings scheduled during the preceding 12 months. |
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(b) A director removed under this section may file a written |
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appeal with the commission not later than the 30th day after the |
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date the director receives written notice of the board action. The |
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commission may reinstate the director if the commission finds that |
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the removal was unwarranted under the circumstances after |
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considering the reasons for the absences, the time and place of the |
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meetings, the business conducted at the meetings missed, and any |
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other relevant circumstances. [appointed under Section
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3919.051(a)(1).] |
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SECTION 7. Subchapter B, Chapter 3919, Special District |
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Local Laws Code, is amended by adding Section 3919.061 to read as |
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follows: |
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Sec. 3919.061. TRANSITIONAL DIRECTORS AND INITIAL |
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PERMANENT DIRECTORS. (a) The transitional board consists of: |
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Pos. No. Name of Director |
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1 Matthew Kiran |
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2 Scott Balch |
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3 Charles Brown |
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4 G. A. Moore, Jr. |
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5 Matt Gold |
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(b) A transitional director serves until the earlier of: |
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(1) the date the initial permanent directors are |
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elected under Section 3919.051; or |
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(2) September 1, 2021. |
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(c) If the initial permanent directors have not been elected |
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under Section 3919.051, and the terms of the transitional directors |
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have expired, the commission shall appoint successor transitional |
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directors as provided by Subsection (d) to serve terms that expire |
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the earlier of: |
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(1) the date initial permanent directors are elected |
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under Section 3919.051; or |
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(2) the fourth anniversary of the date the preceding |
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transitional directors' terms expired. |
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(d) If the initial permanent directors have not been elected |
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under Section 3919.051, the owner or owners of a majority of the |
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assessed value of the real property in the district according to the |
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most recent certified tax appraisal rolls for the county may submit |
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a written petition to the commission requesting that the commission |
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appoint successor transitional directors to serve four-year terms |
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beginning on the date the terms of the transitional directors then |
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serving expire. The commission shall appoint as the successor |
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transitional directors five persons named in a list of nominees |
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included with the petition. |
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(e) The initial permanent directors elected under Section |
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3919.051 shall draw lots to determine which two shall serve |
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two-year terms and which three shall serve four-year terms. |
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SECTION 8. Section 3919.052(c), Special District Local Laws |
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Code, is repealed. |
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SECTION 9. The terms of the members of the board of the Old |
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Celina Municipal Management District No. 1 serving on the effective |
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date of this Act who were appointed under Chapter 3919, Special |
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District Local Laws Code, before the effective date of this Act |
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expire on the effective date of this Act. On the effective date of |
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this Act, the board of directors of the Old Celina Municipal |
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Management District No. 1 is composed of the directors described by |
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Section 3919.061, Special District Local Laws Code, as added by |
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this Act. |
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SECTION 10. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 11. This Act takes effect September 1, 2017. |
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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. 2881 was passed by the House on May |
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19, 2017, by the following vote: Yeas 142, Nays 2, 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. 2881 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 29, Nays 1, 1 present, not |
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voting |
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. |
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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 |