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A BILL TO BE ENTITLED
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AN ACT
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relating to the Brazos River Authority, following recommendations |
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of the Sunset Advisory Commission; specifying grounds for the |
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removal of a member of the board of directors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8502.0021(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) The authority is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but may not be abolished under |
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that chapter. The review shall be conducted under Section 325.025, |
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Government Code, as if the authority were a state agency scheduled |
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to be abolished September 1, 2033 [2021], and every 12th year after |
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that year. |
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SECTION 2. Chapter 8502, Special District Local Laws Code, |
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is amended by adding Sections 8502.0091, 8502.0092, 8502.0093, |
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8502.0094, and 8502.0095 to read as follows: |
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Sec. 8502.0091. GROUNDS FOR REMOVAL OF DIRECTORS. (a) It |
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is a ground for removal from the board that a director: |
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(1) does not have at the time of taking office the |
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qualifications required by Section 8502.009; |
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(2) does not maintain during service on the board the |
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qualifications required by Section 8502.009; |
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(3) is ineligible for directorship under Chapter 171, |
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Local Government Code; |
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(4) cannot, because of illness or disability, |
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discharge the director's duties for a substantial part of the |
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director's term; or |
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(5) is absent from more than half of the regularly |
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scheduled board meetings that the director is eligible to attend |
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during a calendar year without an excuse approved by a majority vote |
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of the board. |
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(b) The validity of an action of the board is not affected by |
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the fact that it is taken when a ground for removal of a director |
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exists. |
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(c) If the general manager has knowledge that a potential |
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ground for removal exists, the general manager shall notify the |
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presiding officer of the board of the potential ground. The |
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presiding officer shall then notify the governor and the attorney |
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general that a potential ground for removal exists. If the |
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potential ground for removal involves the presiding officer, the |
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general manager shall notify the next highest ranking director, who |
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shall then notify the governor and the attorney general that a |
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potential ground for removal exists. |
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Sec. 8502.0092. DIRECTOR TRAINING. (a) A person who is |
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appointed to and qualifies for office as a director may not vote, |
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deliberate, or be counted as a director in attendance at a board |
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meeting until the person completes a training program that complies |
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with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing authority operations; |
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(2) the programs, functions, rules, and budget of the |
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authority; |
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(3) the scope of and limitations on the rulemaking |
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authority of the authority; |
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(4) the results of the most recent formal audit of the |
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authority; |
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(5) the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosure of conflicts |
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of interest; and |
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(B) other laws applicable to members of the |
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governing body of a river authority in performing their duties; and |
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(6) any applicable ethics policies adopted by the |
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authority or the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement for the travel expenses incurred in attending the |
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training program regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office. |
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(d) The general manager of the authority shall create a |
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training manual that includes the information required by |
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Subsection (b). The general manager shall distribute a copy of the |
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training manual annually to each director. Each director shall |
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sign and submit to the general manager a statement acknowledging |
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that the director received and has reviewed the training manual. |
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Sec. 8502.0093. POLICIES TO SEPARATE POLICY-MAKING AND |
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STAFF FUNCTIONS. The board shall develop and implement policies |
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that clearly separate the policy-making responsibilities of the |
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board and the management responsibilities of the general manager |
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and the staff of the authority. |
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Sec. 8502.0094. COMPLAINTS. (a) The authority shall |
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maintain a system to promptly and efficiently act on complaints |
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filed with the authority. The authority shall maintain information |
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about parties to the complaint, the subject matter of the |
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complaint, a summary of the results of the review or investigation |
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of the complaint, and its disposition. |
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(b) The authority shall make information describing its |
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procedures for complaint investigation and resolution available to |
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the public. |
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(c) The authority shall periodically notify the complaint |
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parties of the status of the complaint until final disposition |
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unless the notice would jeopardize an investigation. |
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Sec. 8502.0095. PUBLIC TESTIMONY. The board shall develop |
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and implement policies that provide the public with a reasonable |
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opportunity to appear before the board and to speak on any issue |
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under the jurisdiction of the authority. |
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SECTION 3. Notwithstanding Section 8502.0092, Special |
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District Local Laws Code, as added by this Act, a person serving on |
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the board of directors of the Brazos River Authority may vote, |
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deliberate, and be counted as a director in attendance at a meeting |
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of the board until December 1, 2021. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect September 1, 2021. |