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A BILL TO BE ENTITLED
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AN ACT
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relating to the Upper Guadalupe 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 1A(a), Chapter 5, page 1062, Special |
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Laws, Acts of the 46th Legislature, Regular Session, 1939, is |
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amended to read as follows: |
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Sec. 1A. (a) The District is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the District were a state |
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agency scheduled to be abolished September 1, 2035 [2023], and |
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every 12th year after that year. |
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SECTION 2. Section 8, Chapter 5, page 1062, Special Laws, |
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Acts of the 46th Legislature, Regular Session, 1939, is amended to |
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read as follows: |
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Section 8. The [It shall not be necessary for the Board of |
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Directors to call or hold a hearing on the adoption of a plan of |
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taxation, but the] ad valorem plan of taxation shall be used by the |
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District. |
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SECTION 3. Section 9, Chapter 5, page 1062, Special Laws, |
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Acts of the 46th Legislature, Regular Session, 1939, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (f) to |
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read as follows: |
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(b) Directors are appointed by the Governor. The Governor |
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shall designate a Director as the president of the Board to serve in |
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that capacity at the pleasure of the Governor. Directors are |
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appointed for staggered terms of four [six (6)] years with either |
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four or five [three] Directors' terms expiring on February 1 of each |
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odd-numbered year. The Governor shall fill a vacancy on the Board |
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by appointment for the unexpired term. |
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(c) The Board of Directors shall elect from its number a |
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[president, a] vice president and a secretary of the Board of |
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Directors and of the District, and such other officers as in the |
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judgment of the Board are necessary. The president, as designated |
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by the Governor, shall be chief executive officer of the District |
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and the presiding officer of the Board, and shall have the same |
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right to vote as any other Director. The vice president shall |
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perform all duties and exercise all power conferred by this Act or |
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the general law upon the president when the president is absent or |
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fails or declines to act. The secretary shall keep and sign the |
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minutes of the meetings of the Board of Directors; and in the |
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secretary's [his] absence at any board meeting, a secretary pro tem |
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shall be named for that meeting who may exercise all the duties and |
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powers of the secretary for such meeting, sign the minutes thereof, |
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and attest all orders passed or other action taken at such meeting. |
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The secretary shall be the custodian of all minutes and records of |
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the District. |
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(d) The Board shall appoint a general manager of the |
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District and all necessary engineers, attorneys, auditors, and |
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other employees. |
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(f) The Board shall develop and implement policies that |
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clearly separate the policy-making responsibilities of the Board |
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and the management responsibilities of the general manager and the |
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staff of the District. |
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SECTION 4. Chapter 5, page 1062, Special Laws, Acts of the |
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46th Legislature, Regular Session, 1939, is amended by adding |
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Sections 9A, 9B, 9C, and 9D to read as follows: |
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Sec. 9A. (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 9(a) 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 9(a) of this Act; |
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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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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. 9B. (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 Board; |
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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. 9C. (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. 9D. 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. Section 7, Chapter 5, page 1062, Special Laws, |
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Acts of the 46th Legislature, Regular Session, 1939, is repealed. |
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SECTION 6. At the first meeting of the board of the Upper |
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Guadalupe River Authority that follows the effective date of this |
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Act, the six directors of the Upper Guadalupe River Authority whose |
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terms do not expire on February 1, 2025, shall draw lots to |
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determine which director will serve a term that expires on February |
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1, 2025, and which five directors will serve terms that expire on |
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February 1, 2027. The three directors with terms expiring on |
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February 1, 2025, will serve terms that expire on that date. |
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SECTION 7. Notwithstanding Section 9B, Chapter 5, page |
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1062, Special Laws, Acts of the 46th Legislature, Regular Session, |
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1939, as added by this Act, a person serving on the board of |
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directors of the Upper Guadalupe 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, 2023. |
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SECTION 8. (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 9. This Act takes effect September 1, 2023. |