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-HB468 INTRODUCED
-Page 0
-HB468
-V76H6VP-1
-By Representatives Chestnut, Brown, Robbins, Jones, Shaw,
-Lawrence
-RFD: County and Municipal Government
-First Read: 17-Feb-26
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-V76H6VP-1 01/21/2026 JWB (L)JWB 2025-2314
+FN-FKHSN55-1
 Page 1
-First Read: 17-Feb-26
-SYNOPSIS:
-Under existing law, an individual who holds a
-municipal office may not serve on a municipal planning
-commission.
-This bill would remove the prohibition against a
-municipal official from serving on a municipal planning
-commission.
-Under existing law, local authorities may be
-incorporated to provide water, sewer, and fire
-protection services under the direction of a board of
-directors, and individuals serving as a state or local
-official may not serve on the board of a water, sewage,
-or fire protection authority.
-This bill would remove the prohibition against a
-municipal official from serving on the board of
-directors of a local water, sewer, or fire protection
-authority.
-A BILL
-TO BE ENTITLED
-AN ACT
-Relating to local commissions and authorities; to amend
-Sections 11-52-3, 11-52-14, and 11-52-15, Code of Alabama
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-HB468 INTRODUCED
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-Sections 11-52-3, 11-52-14, and 11-52-15, Code of Alabama
-1975, to remove the prohibition against a local official
-serving on a municipal planning commission; and to amend
-Section 11-88-6, Code of Alabama 1975, to remove the
-prohibition against a municipal official from serving on the
-board of directors of a local water, sewer, or fire protection
-authority.
-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
-Section 1.  Sections 11-52-3, 11-52-14, 11-52-15, and
-11-88-6, Code of Alabama 1975, are amended to read as follows:
-"§11-52-3
-(a)(1) TheA municipal  commission shall consist of nine
-members: The mayor, or his or her designee, one of the
-administrative officials of the municipality selected by the
-mayor, a member of the council to be selected by itthe council
-as a member ex officio , and six persons individuals  who shall
-be appointed by the mayor, if the mayor is an elective
-officer, otherwise by the officer as the council may in the
-ordinance creating the commission designate as the appointing
-power ; provided, that in . In  any Class 1 municipality, the
-commission shall consist of 16 members: The mayor, one of the
-administrative officials of the municipality selected by the
-mayor, two members of the council to be selected by itthe
-council  as members ex officio, and 12 persons individuals  who
-shall be selected by the council. In the event the mayor
-designates a person an individual  to sit in his or her place on
-the municipal planning commission, the person individual  so
-appointed shall serve during the term of the mayor, unless the
-original appointment shall be limited to a term certain of not
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-HB468 INTRODUCED
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-original appointment shall be limited to a term certain of not
-less than 12 months at the time of appointment.
-(2) In addition to regular members, the mayor and each
-of the council members of Class 1 municipalities serving on
-the commission may each appoint, from the administrative staff
-of the mayor and council exclusively, a supernumerary member
-who shall be authorized to may be counted for the purpose of
-determining a quorum, and, while serving, to act with all of
-the power and authority of a regular member whenever such the
-municipal official is not personally in attendance.
-(3) In addition to the regular members, in all cities
-having populations of not less than 175,000 nor more than
-275,000, two supernumerary members shall be appointed to serve
-on the board commission  at the call of the chair only in the
-absence of regular members, and while so serving, they shall
-have and exercise the power and authority of regular members.
-(b) All members of the commission shall serve without
-compensation,  and the appointed members shall hold no other
-municipal office, except, that one of the appointed members
-may be a member of the zoning board of adjustment or appeals,
-except in all cities having populations of not less than
-175,000 nor more than 275,000, according to the most recent
-federal decennial census, wherein no member of the commission
-may be a member of the zoning board of adjustment or appeals
-and wherein all members of the commission shall be bona fide
-residents and qualified electors of such cities,  except that
-the 12 appointed members of any commission elected by the
-council in Class 1 municipalities, under subsection (a)  of
-this section , upon adoption of a resolution by the city
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-HB468 INTRODUCED
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-this section , upon adoption of a resolution by the city
-council approving Acts 1994, No. 94-672, shall be paid
-twenty-five dollars ($25) per meeting for each meeting of the
-commission attended by the members. No member shall be paid
-more than fifty dollars ($50) in any one month, and any
-appointed member who is an elected official or an employee of
-the municipality shall not be eligible to receive the
-compensation.
-(c)(1) The terms of ex officio members shall correspond
-to their respective official tenures, except that the term of
-the administrative official selected by the mayor shall
-terminate with the term of the mayor selecting the member.
-(2) The term of each appointed member shall be six
-years or until the successor takes office, except that the
-respective terms of five of the members first appointed shall
-be one, two, three, four, and five years , provided, that in .
-In any city having a 16 member commission as provided in
-subsection (a)  of this section , the respective terms of five
-pairs of the members first appointed by council shall be one,
-two, three, four, and five years , and provided further, that
-in. In  all cities having populations of not less than 175,000
-nor more than 275,000, the term of each appointed member of
-the commission shall be for three years.
-(d) Members other than the member selected by the
-council  may , after a public hearing, may be removed by the
-mayor for inefficiency, neglect of duty or malfeasance in
-office , provided, that in . In  any city having a 16 member
-commission, as provided in subsection (a)  of this section,
-members  may , after a public hearing,  may  be removed by the
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-HB468 INTRODUCED
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-members  may , after a public hearing,  may  be removed by the
-council for any of the above reasons or for continued failure
-to attend meetings. The council  may , for like cause , may
-remove the member or members selected by itthe council . The
-mayor or council, as the case may be, shall file a written
-statement of reasons for such the removal.
-(e) Vacancies occurring otherwise other  than through the
-expiration of a term shall be filled for the unexpired term by
-the mayor in the case of members selected or appointed by him
-or her, by the council in the case of the member, or other
-members selected by itthe council  and by the appointing power
-designated by the council in municipalities in which the mayor
-is not an elective officer."
-"§11-52-14
-(a) When used in this section, the words municipality,
-municipalities, mayor, and council  shall  have the meanings as
-provided for in Section 11-52-1.
-(b)(1) The council of any Class 5 municipality with a
-city manager, mayor commission form of government may
-determine by ordinance that any planning commission of the
-municipality created pursuant to the provisions of  Section
-11-52-3, shall consist of nine members: Namely, eight Eight
-regular members appointed by the council and representing as
-equally as possible the several districts, wards, or other
-areas of the municipality, such the representation to be
-determined by the council, and one regular member appointed by
-the mayor.
-(2) The regular members of the planning commission
-shall elect a chairman chair  and vice-chairman vice chair , both
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-HB468 INTRODUCED
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-shall elect a chairman chair  and vice-chairman vice chair , both
-of whom shall be regular members, and a secretary who need not
-be a member of the planning commission.
-(3) The council shall appoint four supernumerary
-members to the planning commission, and the mayor shall
-appoint one supernumerary member to the planning commission.
-(4) Supernumerary members shall serve at the call of
-the chairman chair  only in the absence of regular members or in
-the event that one or more regular members excuse themselves
-from deliberation on a particular item being considered by the
-planning commission. While so serving, supernumerary members
-shall have and exercise the power and authority of regular
-members.
-(5) The terms of the regular members and supernumerary
-members appointed by the council shall be four years or until
-their successors take office, provided, however, that the
-terms of the regular members and supernumerary members
-initially appointed pursuant to this section shall be
-staggered as follows: Four regular members and two
-supernumerary members shall serve four-year terms; two regular
-members and one supernumerary member shall serve three-year
-terms; two regular members and one supernumerary member shall
-serve two-year terms; and one regular member and one
-supernumerary member shall serve one-year terms. The mayor
-shall make the appointment of the one regular member and one
-supernumerary member who shall initially serve a one-year
-term. Any regular member or supernumerary member may be
-reappointed.
-(6) After a public hearing, the council, in the case of
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-HB468 INTRODUCED
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-(6) After a public hearing, the council, in the case of
-regular or supernumerary members appointed by itthe council ,
-or the mayor, in the case of the regular or the supernumerary
-member appointed by him , her,  or a previous mayor, may remove
-a regular or supernumerary member for reason of inefficiency,
-neglect of duty, malfeasance in office, or continued failure
-to attend meetings. The council or mayor, as the case may be,
-shall file a written statement of reasons for removal.
-(7) Vacancies occurring other than through expiration
-of a term shall be filled for the duration of the unexpired
-term by the mayor in the case of the regular member and
-supernumerary member appointed by him , her,  or a previous
-mayor; and by the council in the case of the regular members
-and supernumerary members appointed by itthe council .
-(8) The city engineer of any municipality adopting an
-alternate planning commission structure pursuant to this
-section, or a similar official in the case of a municipality
-having no city engineer, shall be an ex officio member of the
-planning commission, but shall have no voting privileges.
-(9) All regular members and supernumerary members shall
-serve  as such  without compensation , and shall hold no other
-municipal office .
-(c) Upon the adoption by the council of any Class 5
-municipality with a city manager, mayor commission form of
-government of an ordinance adopting an alternate planning
-commission structure pursuant to this section, the terms of
-the incumbent members of any existing planning commission
-shall be terminated.
-(d) Unless specified otherwise in this section, the
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-HB468 INTRODUCED
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-(d) Unless specified otherwise in this section, the
-duties, powers, responsibilities, and procedures of any
-planning commission appointed pursuant to this section shall
-be as provided for in Title 11, Chapter 52 this chapter ."
-"§11-52-15
-A Class 6 municipality with a council-manager form of
-government may provide by ordinance for the members of the
-municipal planning commission, upon the expiration of the
-current term of office for the current members, to be
-appointed by the city council in lieu of appointment in the
-manner provided in Section 11-52-3; provided , that the mayor
-or his or her designee shall be a voting member of the
-planning commission and the mayor shall appoint all remaining
-members of the planning commission subject to approval by the
-city council.
-Upon the expiration of the current term of office for
-the current members of the municipal planning commission, a
-member serving on the city council of a Class 6 municipality
-with a council-manager form of government or an employee of a
-Class 6 municipality with a council-manager form of government
-may not serve as a member of the municipal planning
-commission. "
-"§11-88-6
-(a) Each authority shall be governed by a board of
-directors. All powers of the authority shall be exercised by
-the board or pursuant to its authorization.
-(b)(1) The board shall consist initially of three
-directors, elected, as soon as may be practicable after the
-organization of the authority, by the governing body of the
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-organization of the authority, by the governing body of the
-determining county for staggered terms as follows:
-a. The first term of one director shall begin
-immediately upon the director's election and shall end at noon
-on March 1 of the next succeeding odd-numbered calendar year
-following the election ;.
-b. The  the  first term of another director shall begin
-immediately upon his or her election and shall end at noon on
-March 1 of the second succeeding odd-numbered calendar year
-following the election ; and .
-c. The  the  first term of the remaining director shall
-begin immediately upon his or her election and shall end at
-noon on March 1 of the third succeeding odd-numbered calendar
-year following the election.
-(2) Thereafter, the term of office of each director
-shall be six years.
-(c)(1) If any amendment to the certificate of
-incorporation of the an authority, effected pursuant to the
-provisions of Section 11-88-5, shall increase increases the
-membership of the board, the board shall thereafter consist of
-such that number of directors, elected appointed by such the
-respective governing bodies, as may be body as specified in
-the amendment. The terms of office of any new directors added
-by any  such  amendment shall be so arranged that, taking into
-consideration the terms of office of the original three
-directors, the terms of office of approximately one-third of
-all directors , (or as nearly one-third thereof as may be
-practicable ), will end at noon on March 1 in each odd-numbered
-year following the effective date of the amendment.
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-year following the effective date of the amendment.
-(2) The term of office of each new director, added by
-amendment as aforesaid, shall following After the initial term
-of such a new director , the term of office shall  be for a
-period of six years.
-(3) If at any time there should be is a vacancy on the
-board, a successor director to serve for the unexpired term
-applicable to such the vacancy shall be elected appointed by
-that the governing body which elected that appointed  the
-director whose unexpired term he or she is to fill.
-(4) Each election appointment of a director, whether
-for a full six-year term or to complete an unexpired term,
-shall be made not earlier than 30 days prior to the date on
-which such the director is to take office  as such . During his
-or her tenure, Nono officer of the state or of any county  or
-municipality  shall , during his or her tenure as such officer,
-be eligible to serve as a director.
-(d) Each director elected appointed by a county
-governing body shall be a duly qualified elector of that
-county and shall be a resident of and the owner of real
-property in that part of the service area of the authority
-which lies within that county. Directors shall be eligible for
-reelection.
-(e) Each director shall be reimbursed for expenses
-actually incurred by the director in and about the performance
-of the director's duties. If the certificate of incorporation
-so provides, each director except the chairman chair of the
-board shall be compensated in an additional amount not to
-exceed four hundred dollars ($400) per meeting attended but
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-exceed four hundred dollars ($400) per meeting attended but
-not to exceed four thousand eight hundred dollars ($4,800) per
-year. The chairman shall chair , if the certificate so provides,
-shall be compensated in an additional amount not to exceed six
-hundred dollars ($600) per meeting attended but not to exceed
-seven thousand two hundred dollars ($7,200) per year.
-(e)(f) Any director of the authority may be impeached
-and removed from office in the same manner and on the same
-grounds provided by Section 175 of the Constitution of Alabama
-of 2022,  and the general laws of the state for impeachment and
-removal of the officers mentioned in Section 175.
-(f)(g)(1) If The board of directors of an authority
-shall be increased in membership by a sufficient number of new
-members to increase membership on the board of directors to a
-maximum of seven members if: (i) the service area, or the
-greater part thereof, in which anthe authority is authorized
-by its certificate of incorporation or any amendment thereto
-to render water service, fire protection service, sewer
-service, or any one or more thereof, includes a resort area
-pursuant to Article 2 ; of this chapter and (ii)  the service
-area is incorporated or annexed into a municipality subsequent
-to the creation of an authority ,; and if(iii)  the municipality
-has assumed and taken over the fire protection responsibility
-and the sewer service originally placed upon the authority ,
-the board of directors of the authority shall be increased in
-membership by a sufficient number of new members to increase
-membership on the board of directors to a maximum of seven
-members .
-(2) Each of the new members to the board of directors
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-(2) Each of the new members to the board of directors
-shall be appointed by the governing body of the municipality
-by ordinance duly adopted.
-(3) The first term of each new member so appointed
-shall be staggered for terms of one, two, three, and four
-years, as needed. Thereafter, the term of the new members
-added pursuant to this subsection shall be six years. The
-governing body of the determining county shall continue to
-make appointments and fill vacancies as  heretofore  authorized
-by this section . After May 18, 1993, the governing body of the
-municipality shall make appointments and fill vacancies as
-provided in this subsection.
-(4) All members of the board of directors of the
-authority shall have all the authority, privileges,
-immunities, and qualifications as provided in this article.
-(g)(h) Nothing in this section as amended by Act
-2010-580 shall apply to the City of Prichard Water and Sewer
-Board."
-Section 2.  This act shall become effective on October
-1, 2026.
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+FISCAL NOTE
+ House Bill 468
+Committee: County and Municipal Government Sponsor: Representative Prince Chestnut
+Analyst: Mathieu Fuller Date: 02/23/2026
+ House Bill 468 as introduced would not directly affect state or local funding.