84R21162 KJE-F
	By: Krause	H.B. No. 648

	A BILL TO BE ENTITLED
	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.