CC Resolution No. 787 1334
RESOLUTION NO. 787
A RESOLUTION PROVIDING FOR A CHANGE IN THE METHOD OF
SELECTING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE
HARRIS COUNTY APPRAISAL DISTRICT AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT .
WHEREAS , the Harris County Appraisal District was
created by the provisions of the Texas Property Tax Code and
is charged with the responsibility of performing , in the
time and manner set forth in such Code , various functions
relating to the appraisal of such property for ad valorem
tax purposes by all taxing units within such District ; and
WHEREAS , said District is , and shall be , governed by a
Board of Directors appointed by the governing bodies of the
County of Harris and the incorporated cities and towns and
the school districts within such Appraisal District ; and
WHEREAS , Section 6. 03 of the Property Tax Code prescribes
the basic composition of such Board and the qualifications
and the time and method of selection of its members ; and
WHEREAS, Section 6. 031 of such Code authorizes the
governing bodies of three fourths of the taxing units that
are entitled to vote on the appointment of the members of
said Board to change, by resolutions duly adopted , the
method and procedure , either or both , for appointing such
Board members ; and
WHEREAS , this governing body of a taxing unit entitled
to participate in effecting a change in such method and
procedure deems it appropriate and in the public interest to
authorize and support a change in the method and procedure
of appointing the members of the Board of Directors of. the
Harris County Appraisal District ; NOW, THEREFORE ,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
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Section 1 : That the Board of Directors of the Harris
County Appraisal District shall be composed of five members ,
each of whom must meet the residency requirements and shall
be appointed for the term of office prescribed by Section
6 . 03(A) and 6 . 03(b) , respectively , of the Texas Property Tax
Code .
Section 2 : That , pursuant to the authority granted by
Section 6 . 031 0£ said Code , the method and procedure for
appointing the five members to such Board of Directors shall
be changed from that prescribed in Section 6 .03 of said Code
to the following:
BY WHOM APPOINTED
(a) The governing body of the County of Harris shall
appoint one member to the Board.
(b) The governing body of the City of Houston shall
appoint one member to the Board.
(c) The governing body of the City of Houston Independent
School District shall appoint one member to the Board.
(d) The governing bodies of all incorpoated cities and
towns, excluding the City of Houston , within the Appraisal
District shall appoint one member to the Board .
(e) The governing bodies of all school districts ,
excluding the Houston Independent School District , within
the Appraisal District shall appoint one member to the
Board.
TIME AND METHOD OF APPOINTMENT
Those members appointed by the County of Harris , the
City of Houston, and the Houston Independent School District
shall be appointed by a resolution of the respected governing
bodies adopted prior to November 15 in each odd numbered
year . A certified copy of each such resolution shall be
delivered to the Secretary of the Board of Directors of the
District prior to December 1 of such year .
The members appointed by all incorporated cities and
towns , other than the City of Houston , shall be selected in
the following manner :
Each such city and town may nominate, by resolution
adopted by its governing body, one candidate for the position
on the Board to be filled by such cities and towns . The
presiding officer of each such city and town making such a
nomination shall submit the name of its nominee to the
County Clerk of Harris County prior to October 15 of each
odd numbered year. Before October 30 of such year , the
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County Clerk shall prepare a ballot , listing the candidates
thus nominated alphabetically according to the first letter
in each candidate ' s surname , and shall deliver a copy of
such ballot to the presiding officer of the governing body
of each such city and town . The governing body of each such
city and town shall be entitled to one vote for the candidate
of its choice whose name appears on such ballot . Such vote
shall be expressed by resolution of each such governing body
and delivered by the presiding officer thereof to the County
Clerk prior to November 15 of such year . The County Clerk
shall count the votes , declare the candidate who received
the highest number of votes elected, and, prior to December
1 of such year , submit the results of such election to the
governing body of each such city and town , to the candidates
nominated , and to the Secretary of the Board of Directors of
the District . The County Clerk shall resolve a tie vote by
any method of chance.
The member appointed by all school districts , other
than the Houston Independent School District , shall be
selected at the same time and in the same manner as the
member selected by those cities and towns other than the
City of Houston .
LIMITATION ON NUMBER OF TAXING
UNIT EMPLOYEES WHO MAY SERVE AS DIRECTORS
Section 6. 03(a) of the Property Tax Code provides in
part that not more than one employee of a taxing unit may
serve on the Board of Directors of the District at one time.
Therefore, in the event two or more employees of taxing
units within the District are appointed to serve on such
Board at the same time , the one who shall become eligible to
serve shall be determined not later than December 5 by any
method of chance selected by the Secretary of the Board of
Directors and conducted in his presence and in the presence
of such appointed taxing unit employees . The results of
such determination by chance shall be immediately transmitted
in writing by the Secretary of the Board to the governing
body of the taxing unit or units whose appointee or appointees
have been thus precluded from serving on the Board and such
governing body or bodies shall forthwith appoint another
person , who is not an employee of a taxing unit , to serve
on such Board of Directors . The method and procedure employed
for any such appointment shall be the same as that employed
in the original appointment . If a vacancy on the Board
occurs , an employee of a taxing unit shall not be eligible
for appointment to fill the unexpired term if there is
another employee of a taxing unit then serving on such
Board.
VACANCIES ON THE BOARD
In the event a vacancy occurs on the Board of Directors ,
the Chairman or Secretary of the Board shall give written
notice thereof to the governing body of the taxing unit or
units who appointed the person who vacated such position .
Such notice shall be delivered to such taxing unit or units
within ten days after such vacancy occurs . Within sixty
days after such notification , the governing body of bodies
of such taxing unit or units who initially appointed the
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person to the position vacated shall fill such position for
the unexpired term. The method and procedure employed in
appointing a person to fill such vacancy shall be the same
as that employed in the appointment of the person who vacated
such position .
Section 3 : That the Secretary or Clerk of the City of
Baytown be , and is hereby authorized and directed to deliver
or cause to be delivered a certified copy of this Resolution
to the County Clerk of Harris County prior to October 1 ,
1981 , and that said County Clerk be and is hereby authorized
and requested to record this Resolution as an official
election of the governing body of this taxing unit to change
the method and procedure for appointing the members of the
Board of Directors of the Harris County Appraisal District .
Section 4 : This Resolution shall take effect from and
after its passage .
INTRODUCED, READ and PASSED by this affirmative vote of
the City Council of the City of Baytown on this the lOth
day of _September_-_ 1981 .
TT O. H TO, Mayor
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ATTEST:
EILEEN P. HALL , City Clerk
APPROVED:
RANDALL B. STRO G, City At ney