2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 651 - General Provisions › Section 651.0085. Certain Unconstitutionally Composed Districts and Authorities With Six-Year Terms

Sec. 651.0085.  CERTAIN UNCONSTITUTIONALLY COMPOSED DISTRICTS AND AUTHORITIES WITH SIX-YEAR TERMS.  (a)  This section applies only to the governing body of a district or authority created under Section 52(b), Article III, Texas Constitution, or Section 59, Article XVI, Texas Constitution, and only if:
(1)  by law the governing body is composed of an even number of voting members;  and
(2)  the elected or appointed members of the governing body serve staggered six-year terms and the only provision of the Texas Constitution under which the members of the governing body are allowed to serve staggered six-year terms is Section 30a, Article XVI.
(b)  Section 651.008 does not apply to a district or authority to which this section applies.
(c)  Notwithstanding the terms of the enabling statute of the district or authority that prescribes the number of members of the governing body:
(1)  if some or all of the members of the governing body are appointed, the governor shall appoint an additional public or at-large member, as applicable, to the governing body for an initial term expiring on the date on which the terms of members of the governing body whose terms are scheduled to expire between four and six years after the date of the governor's appointment under this subdivision expire;  and
(2)  if all of the members of the governing body are elected, an additional public or at-large elected position, as applicable, is created on the governing body and the governor shall appoint the initial member to fill that position for an initial term expiring on the first date on which members' terms expire following the next election for members of the governing body.
(d)  As soon as possible after it is determined that this section applies to the governing body, the administrative head of the district or authority shall inform of that fact:
(1)  each appointing authority that by statute appoints one or more members to the governing body;
(2)  the governor and the presiding officer of each house of the legislature;
(3)  each standing committee of each house of the legislature that under the rules of either house has jurisdiction over legislative matters pertaining to the district or authority;
(4)  the secretary of state, if the governing body is subject to Subsection (c)(2), for purposes of allowing the secretary of state to advise the district or authority on matters relating to preclearance under the federal Voting Rights Act (42 U.S.C. Section 1973c et seq.);  and
(5)  the Legislative Reference Library for purposes of including current information in the Texas Appointment System database.
(e)  If the governor appoints a member to the governing body of the district or authority under Subsection (c)(1) and the legislature does not, by law, make other arrangements for electing or appointing a person to fill the position, the governor shall continue to appoint a member to fill the position as vacancies in the position occur and as a member's term in the position expires.  If the governor appoints a member to the governing body of the district or authority under Subsection (c)(2) and the legislature does not, by law, make other arrangements for electing or appointing a person to fill the position, the position shall be filled by election as vacancies in the position occur and as a member's term in the position expires, except to the extent that the enabling statute for the district or authority provides a different method for filling vacancies on the governing body.
(f)  After the initial term of a position created under this section expires, the term of the position is six years.
Added by Acts 2003, 78th Leg., ch. 1170, Sec. 50.01, eff. June 20, 2003.