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A BILL TO BE ENTITLED
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AN ACT
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relating to the Lavaca-Navidad River Authority, following the |
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recommendations of the Sunset Advisory Commission; altering terms |
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of the board of directors; specifying grounds for the removal of a |
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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 1(a), Chapter 186, Acts of the 50th |
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Legislature, Regular Session, 1947, as amended by Chapter 1224, |
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Acts of the 78th Legislature, Regular Session, 2003, is reenacted |
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to read as follows: |
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(a) There is hereby created and established within the State |
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of Texas, in addition to the Districts into which the state has |
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heretofore been divided, a Conservation and Reclamation District to |
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be known as the Lavaca-Navidad River Authority, (hereinafter called |
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the District), and consisting of that part of the State of Texas |
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which is known as and included within the boundaries of Jackson |
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County, Texas (the boundaries of the District being coextensive |
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with the boundaries of Jackson County, Texas, and the District |
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including all of the lands and other property, both real and |
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personal, within the boundaries of said county). Such District |
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shall be a governmental agency and body politic and corporate, with |
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the powers of government and with the authority to exercise the |
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rights, privileges, and functions hereinafter specified, the |
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creation and establishment of such District being essential to the |
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accomplishment of the purposes of Section 59 of Article XVI, |
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Constitution of Texas, including the control, storing, |
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preservation, and distribution of the storm and flood waters, and |
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the waters of the rivers and streams of Jackson County and their |
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tributaries, inside and outside the boundaries of the District, for |
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domestic, municipal, flood control, irrigation, agricultural, |
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mining and recovery of minerals, hydroelectric power, navigation, |
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recreation and pleasure, public parks, game preserves, and other |
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useful purposes, the development of parks on lands owned or |
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acquired by the District, the reclamation and drainage of the |
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overflow land of Jackson County, the conservation and development |
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of forests, financing of and aiding in the development of |
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facilities located on lands owned by the District for the |
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generation, transmission, and sale of electric power and energy |
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inside or outside the boundaries of the District, and to aid in the |
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protection and promotion of navigation on the navigable waters by |
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regulating the flood and storm waters that flow into said navigable |
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streams. In addition, the District may discover, develop, and |
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produce groundwater within the boundaries of the Lavaca River Basin |
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for use within that portion of a county located within the |
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boundaries of the Lavaca River Basin where groundwater is |
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discovered, developed, and produced and may coordinate and contract |
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with groundwater conservation districts to engage in conjunctive |
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groundwater and surface water management. |
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SECTION 2. Section 1, Chapter 186, Acts of the 50th |
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Legislature, Regular Session, 1947, is amended by amending |
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Subsections (b) and (c) and adding Subsection (c-1) to read as |
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follows: |
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(b) The management and control of the District shall be |
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vested in a Board of Directors consisting of nine (9) members, who |
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must reside within the District and shall be freehold property |
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taxpayers and legal voters of the State of Texas. The members of |
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the Board of Directors shall be appointed by the Governor of Texas |
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with the advice and consent of the Senate. As soon as practicable |
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after the passage of this Act (as hereby amended), the members of |
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the Board of Directors shall be appointed (hereinafter referred to |
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as "First Board"). In appointing the members of the First Board, |
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the Governor shall appoint three (3) members to serve until May 1, |
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1961, and until their successors are appointed and qualified, three |
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(3) members to serve until May 1, 1963, and until their successors |
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are appointed and qualified, and three (3) members to serve until |
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May 1, 1965, and until their successors are appointed and |
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qualified. Except for the First Board, the terms of office of the |
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members of the Board of Directors shall be for four [six (6)] years |
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ending on May 1st, and until their successors are appointed and |
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qualified, with either two or three [three (3)] members to be |
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appointed annually during the month of April [of each odd-numbered |
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year] by the Governor to succeed the members whose terms of office |
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shall expire on the following May 1st. If a vacancy on the Board of |
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Directors occurs because of the resignation or death of a member, or |
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otherwise, the Governor shall fill the same for the unexpired term |
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by the appointment of a successor member. Each Director shall |
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qualify by taking the official oath of office and filing a good and |
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sufficient bond with the Secretary of State in the amount of One |
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Thousand Dollars ($1,000.), which shall be payable to the District, |
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conditioned upon the faithful performance of his (or her) official |
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duties as a Director. |
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(c) The Board of Directors shall meet at such times and |
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places as it shall designate, and shall hold regular and special |
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meetings as it shall see fit. Said Board shall organize by electing |
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one of its members as [President, one as] Vice President, one as |
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Secretary, and one as Treasurer (provided that the offices of |
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Secretary and Treasurer may be combined into one office of |
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Secretary-Treasurer upon a majority vote of the members of the |
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Board). The Governor shall designate a Director as the President of |
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the Board to serve in that capacity at the pleasure of the Governor. |
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Except for the First Board, such officers shall serve for a term of |
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one (1) year, and annually during the month of May said Board shall |
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elect such officers. Special meetings of the Board may be called by |
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the President or by any three members, and a majority of the members |
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shall constitute a quorum to transact any and all business. A |
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majority vote of the members present at any regular or special |
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meeting shall be sufficient for the adoption of any proceedings or |
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for the taking of any official action. |
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(c-1) The Board shall appoint a general manager of the |
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District. |
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SECTION 3. Section 1A(a), Chapter 186, Acts of the 50th |
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Legislature, Regular Session, 1947, is amended to read as follows: |
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(a) The District 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 District were a state agency scheduled to |
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be abolished September 1, 2035 [2023], and every 12th year after |
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that year. |
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SECTION 4. Chapter 186, Acts of the 50th Legislature, |
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Regular Session, 1947, is amended by adding Sections 1B, 1C, 1D, 1E, |
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and 1F to read as follows: |
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Sec. 1B. (a) It is a ground for removal from the Board that |
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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 1 of this Act; |
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(2) does not maintain during service on the Board the |
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qualifications required by Section 1 of this Act; |
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(3) violates Chapter 171, 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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President of the Board of the potential ground. The President shall |
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then notify the Governor and the Attorney General that a potential |
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ground for removal exists. If the potential ground for removal |
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involves the President, the general manager shall notify the next |
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highest ranking Director, who shall then notify the Governor and |
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the Attorney General that a potential ground for removal exists. |
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Sec. 1C. (a) A person who is appointed to and qualifies for |
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office as a Director may not vote, deliberate, or be counted as a |
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Director in attendance at a meeting of the Board until the person |
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completes a training program that complies 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 District operations; |
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(2) the programs, functions, rules, and budget of the |
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District; |
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(3) the scope of and limitations on the rulemaking |
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authority of the District; |
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(4) the results of the most recent formal audit of the |
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District; |
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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 disclosing conflicts of |
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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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District 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 District shall create a |
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training manual that includes the information required by |
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Subsection (b) of this section. The general manager shall |
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distribute a copy of the training manual annually to each Director. |
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Each Director shall sign and submit to the general manager a |
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statement acknowledging that the Director received and has reviewed |
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the training manual. |
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Sec. 1D. 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 District. |
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Sec. 1E. (a) The District shall maintain a system to |
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promptly and efficiently act on complaints filed with the District. |
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The District shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition. |
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(b) The District shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The District 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. 1F. The Board shall develop and implement policies |
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that provide the public with a reasonable opportunity to appear |
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before the Board and to speak on any issue under the jurisdiction of |
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the District. |
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SECTION 5. The following provisions are repealed: |
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(1) Section 1(a), Chapter 22, Acts of the 56th |
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Legislature, 3rd Called Session, 1959; and |
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(2) Chapter 417, Acts of the 61st Legislature, Regular |
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Session, 1969. |
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SECTION 6. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Lavaca-Navidad River |
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Authority that were taken before the effective date of this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 7. At the first meeting of the board of the |
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Lavaca-Navidad River Authority that follows the effective date of |
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this Act, the six directors of the Lavaca-Navidad River Authority |
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whose terms do not expire on May 1, 2027, shall draw lots to |
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determine which two directors will serve terms that expire on May 1, |
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2024, which two directors will serve terms that expire on May 1, |
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2025, and which two directors will serve terms that expire on May 1, |
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2026. The three directors with terms expiring on May 1, 2027, will |
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serve terms that expire on that date. |
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SECTION 8. Notwithstanding Section 1C, Chapter 186, Acts of |
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the 50th Legislature, Regular Session, 1947, as added by this Act, a |
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person serving on the board of directors of the Lavaca-Navidad |
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River Authority may vote, deliberate, and be counted as a director |
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in attendance at a meeting of the board until December 1, 2023. |
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SECTION 9. (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 10. This Act takes effect September 1, 2023. |