|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the election of the board of directors of the San |
|
Jacinto River Authority. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 6, Chapter 426, Acts of the 45th |
|
Legislature, Regular Session, 1937, is amended to read as follows: |
|
Sec. 6. (a) The management and control of all the affairs |
|
of said District shall be vested in, and the powers, rights, |
|
privileges, and functions of the District shall be exercised by, a |
|
Board of Directors consisting of seven [six (6)] members, all of |
|
whom shall be freehold property taxpayers and legal voters of the |
|
State of Texas [and four (4) of whom shall be residents of a county |
|
wholly encompassed by the District]. |
|
(b) Members of the [such] Board of Directors shall be |
|
elected at large by voters in the District [appointed by the |
|
Governor for terms of six (6) years. Provided, the present Board of |
|
six (6) directors of said District, appointed by the State Board of |
|
Water Engineers under authority of House Bill No. 1094, Chapter |
|
613, Acts of the Regular Session of the Forty-seventh Legislature, |
|
amending Section 6 of Chapter 426, Acts of the Regular Session of |
|
the Forty-fifth Legislature, as amended by House Bill No. 828, |
|
Chapter 480, Acts of the Regular Session of the Forty-seventh |
|
Legislature, for terms of two (2), four (4), and six (6) years, |
|
shall continue to serve as such until the expiration of the |
|
respective terms for which they were appointed. Upon the |
|
expiration of the terms for which the present members of the Board |
|
of Directors were appointed, the successors of each and all of them |
|
shall be appointed by the Governor for a term of six (6) years]. |
|
(c) The Directors shall hold office after their election |
|
[appointment] and qualification until their successors shall be |
|
elected [appointed] and qualified. [Should any vacancy occur in |
|
the Board of Directors, the same shall be filled in like manner by |
|
the Governor for the unexpired term.] The Directors [appointed] |
|
shall, within thirty (30) days after their election [appointment], |
|
qualify by taking the official oath required of County |
|
Commissioners, and shall execute bond in the sum of Five Thousand |
|
Dollars ($5,000) payable to the District, the sufficiency of which |
|
bond shall be determined by the Governor, which bonds after being |
|
recorded in the official bond records of the county in which the |
|
District maintains its office shall be deposited with the |
|
depository selected and approved for the deposit of the funds of the |
|
District. |
|
(d) The Board of Directors shall organize by electing one of |
|
its members President, one Vice-President, one Secretary, and one |
|
Treasurer. Four (4) members, including the presiding officer, |
|
shall constitute a quorum to transact business. The President |
|
shall preside at all meetings of the Board and shall be the chief |
|
executive officer of the District. The Vice-President shall act as |
|
President in case of the absence or disability of the President. |
|
The Secretary shall act as Secretary of the Board and shall be |
|
charged with the duty of keeping a record of all proceedings and all |
|
orders of the Board. The Treasurer shall receive and receipt for |
|
all moneys received by the District and shall keep books and records |
|
of all moneys received and expended. In case of the absence or |
|
inability of the Secretary to act, a Secretary pro tem shall be |
|
selected by the Directors. |
|
(e) The domicile of the District shall be in the City of |
|
Conroe, in the County of Montgomery, Texas, where the District |
|
shall maintain its principal office. The Board of Directors shall |
|
have authority to fix the time, place and number of meetings of such |
|
Board by proper resolutions, regulations and bylaws passed by said |
|
Board. Said Board shall cause to be kept complete and accurate |
|
accounts conforming to approved methods of bookkeeping. Said |
|
accounts and all contracts, documents, and records of the District |
|
shall be kept at said principal office, and same shall be open to |
|
public inspection at all reasonable times. |
|
SECTION 2. Section 30.003(4), Water Code, is amended to |
|
read as follows: |
|
(4) "River authority" means any district or authority |
|
created by the legislature which contains an area within its |
|
boundaries of one or more counties and which is governed by a board |
|
of directors appointed or designated in whole or in part by the |
|
governor, or by the Texas Water Development Board. The term |
|
includes[, including without limitation] the San Antonio River |
|
Authority and the San Jacinto River Authority. |
|
SECTION 3. (a) The San Jacinto River Authority shall hold |
|
the first election to elect directors as described by Section 6, |
|
Chapter 426, Acts of the 45th Legislature, Regular Session, 1937, |
|
as amended by this Act, on the uniform election date in May 2024. |
|
(b) The terms of the directors serving on the board of |
|
directors of the San Jacinto River Authority on the effective date |
|
of this Act expire on the date the directors elected under |
|
Subsection (a) of this section have qualified. |
|
(c) At the first meeting of the board of directors of the San |
|
Jacinto River Authority that follows the election held under |
|
Subsection (a) of this section, the directors shall draw lots to |
|
determine which four directors serve a term of four years and which |
|
three directors serve a term of two years. |
|
SECTION 4. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 5. This Act takes effect September 1, 2023. |