Sec. 1046.054.  MODIFICATION OF TERM.  (a)  Notwithstanding Section 1046.051, the board, on its own motion, may order that directors serve staggered three-year or four-year terms.  After an initial change under this section from staggered two-year terms, the board may not change the terms again.
(b)  If the board orders four-year terms, the directors are to be elected in accordance with Section 285.081, Health and Safety Code.
(c)  If the board orders staggered three-year terms, directors are to be elected as follows:
(1)  if the first election that occurs at least 120 days after the date the order is entered is an election in an even-numbered year:
(A)  the four directors elected at that election shall draw lots to determine the three directors that serve three-year terms and the director that serves a two-year term;
(B)  the at-large director elected at the first odd-numbered year election after the order is entered serves a three-year term; and
(C)  the four other directors elected at the first odd-numbered year election after the order is entered shall draw lots to determine which two directors serve three-year terms and which two directors serve one-year terms; and
(2)  if the first election that occurs at least 120 days after the date the order is entered is an election in an odd-numbered year:
(A)  the at-large director elected at that election serves a three-year term;
(B)  the four other directors elected at that election shall draw lots to determine the two directors that serve three-year terms and the two directors that serve two-year terms; and
(C)  the four directors elected at the first even-numbered year election after the order is entered shall draw lots to determine which three directors serve three-year terms and which director serves a one-year term.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.