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A BILL TO BE ENTITLED
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AN ACT
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relating to the San Jacinto River Authority, following |
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recommendations of the Sunset Advisory Commission; specifying |
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grounds for the 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 1A(a), Chapter 426, Acts of the 45th |
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Legislature, Regular Session, 1937, 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 2. Section 6, Chapter 426, Acts of the 45th |
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Legislature, Regular Session, 1937, is amended to read as follows: |
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Sec. 6. The management and control of all the affairs of |
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said District shall be vested in, and the powers, rights, |
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privileges, and functions of the District shall be exercised by a |
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Board of Directors consisting of seven [six (6)] members, all of |
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whom shall be freehold property taxpayers and legal voters of the |
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State of Texas and four (4) of whom shall be residents of a county |
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wholly encompassed by the District. Members of such Board of |
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Directors shall be appointed by the Governor for terms of four [six |
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(6)] years. [Provided, the present Board of six (6) directors of |
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said District, appointed by the State Board of Water Engineers |
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under authority of House Bill No. 1094, Chapter 613, Acts of the |
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Regular Session of the Forty-seventh Legislature, amending Section |
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6 of Chapter 426, Acts of the Regular Session of the Forty-fifth |
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Legislature, as amended by House Bill No. 828, Chapter 480, Acts of |
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the Regular Session of the Forty-seventh Legislature, for terms of |
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two (2), four (4), and six (6) years, shall continue to serve as |
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such until the expiration of the respective terms for which they |
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were appointed. Upon the expiration of the terms for which the |
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present members of the Board of Directors were appointed, the |
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successors of each and all of them shall be appointed by the |
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Governor for a term of six (6) years.] |
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The Directors shall hold office after their appointment and |
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qualification until their successors shall be appointed and |
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qualified. Should any vacancy occur in the Board of Directors, the |
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same shall be filled in like manner by the Governor for the |
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unexpired term. The Directors appointed shall, within thirty (30) |
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days after their appointment, qualify by taking the official oath |
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required of County Commissioners, and shall execute bond in the sum |
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of Five Thousand Dollars ($5,000) payable to the District, the |
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sufficiency of which bond shall be determined by the Governor, |
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which bonds after being recorded in the official bond records of the |
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county in which the District maintains its office shall be |
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deposited with the depository selected and approved for the deposit |
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of the funds of the District. |
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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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The Board of Directors shall organize by electing one of its members |
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[President, one] Vice-President, one Secretary, and one Treasurer. |
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Four (4) members, including the President [presiding officer], |
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shall constitute a quorum to transact business. The President |
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shall preside at all meetings of the Board and shall be the chief |
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executive officer of the District. The Vice-President shall act as |
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President in case of the absence or disability of the President. |
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The Secretary shall act as Secretary of the Board and shall be |
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charged with the duty of keeping a record of all proceedings and all |
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orders of the Board. The Treasurer shall receive and receipt for |
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all moneys received by the District and shall keep books and records |
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of all moneys received and expended. In case of the absence or |
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inability of the Secretary to act, a Secretary pro tem shall be |
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selected by the Directors. |
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The domicile of the District shall be in the City of Conroe, |
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in the County of Montgomery, Texas, where the District shall |
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maintain its principal office. The Board of Directors shall have |
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authority to fix the time, place and number of meetings of such |
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Board by proper resolutions, regulations and bylaws passed by said |
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Board. Said Board shall cause to be kept complete and accurate |
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accounts conforming to approved methods of bookkeeping. Said |
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accounts and all contracts, documents, and records of the District |
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shall be kept at said principal office, and same shall be open to |
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public inspection at all reasonable times. |
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SECTION 3. Chapter 426, Acts of the 45th Legislature, |
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Regular Session, 1937, is amended by adding Sections 6A, 6B, 6C, 6D, |
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6E, and 6F to read as follows: |
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Sec. 6A. (a) It is a ground for removal from the Board of |
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Directors 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 6 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 6 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. 6B. (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 of Directors until |
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the person completes a training program that complies with this |
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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. 6C. The Board of Directors shall develop and implement |
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policies that clearly separate the policy-making responsibilities |
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of the Board and the management responsibilities of the general |
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manager and the staff of the District. |
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Sec. 6D. (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. 6E. The Board of Directors shall develop and implement |
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policies that provide the public with a reasonable opportunity to |
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appear before the Board and to speak on any issue under the |
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jurisdiction of the District. |
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Sec. 6F. The Board of Directors shall develop and implement |
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a comprehensive policy that provides a structure for public |
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engagement in advance of major actions and projects. The policy |
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must include a clear and detailed description of how the District |
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will seek to actively engage stakeholders, including the possible |
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use of: |
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(1) advisory committees; |
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(2) community panels; |
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(3) town hall meetings; |
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(4) surveys; and |
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(5) other strategies on a recurring basis. |
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SECTION 4. The member of the board of directors of the San |
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Jacinto River Authority whose term expires in November 2027 shall |
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continue in office until the member's successor is appointed to and |
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qualifies for a term of four years beginning in October 2027. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, Section 6B, Chapter 426, Acts of the 45th |
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Legislature, Regular Session, 1937, as added by this Act, applies |
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to a member of the board of directors of the San Jacinto River |
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Authority appointed before, on, or after the effective date of this |
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Act. |
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(b) Notwithstanding Section 6B, Chapter 426, Acts of the |
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45th Legislature, Regular Session, 1937, as added by this Act, a |
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person serving on the board of directors of the San Jacinto River |
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Authority may vote, deliberate, and be counted as a director in |
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attendance at a meeting of the board until December 1, 2023. A |
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director may not vote, deliberate, or be counted as a member in |
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attendance at a meeting of the board held on or after December 1, |
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2023, until the member completes the training required by that |
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section. |
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SECTION 6. (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 7. This Act takes effect September 1, 2023. |
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