H.B. No. 432
1-1 AN ACT
1-2 relating to the membership of the board of directors of the La
1-3 Porte Area Water Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 10, Chapter 729, Acts of the 67th
1-6 Legislature, Regular Session, 1981, is amended to read as follows:
1-7 Sec. 10. BOARD OF DIRECTORS. (a) Powers of the authority
1-8 shall be exercised by a board of five directors, none of whom shall
1-9 be a member of the city council of the City of La Porte during his
1-10 term as director.
1-11 (b) The <One director must reside outside the city limits of
1-12 La Porte but within the boundaries of the authority.>
1-13 <(c) By September 1, 1981, the city council of the City of
1-14 La Porte shall assign position numbers to each director's office
1-15 and shall appoint directors to those positions for two-year terms
1-16 as follows:>
1-17 <(1) those directors occupying Positions Number 1 and
1-18 Number 2 shall serve until September 1, 1982, and until their
1-19 successors have been appointed and qualified; and>
1-20 <(2) those directors occupying Positions Number 3,
1-21 Number 4, and Number 5 shall serve until September 1, 1983, and
1-22 until their successors have been appointed and qualified.>
1-23 <(d) On the expiration of those terms, the city council of
1-24 the> City of La Porte shall fill board <those> positions by
2-1 appointment of a director to each position for a term of two years,
2-2 so that two directors shall be appointed in one year and three
2-3 directors in the next year in continuing sequence.
2-4 (c) <(e)> A vacancy in the office of director, because of
2-5 the failure or refusal of one or more directors to qualify or
2-6 serve, because of death or incapacitation, or for any other reason,
2-7 shall be filled by appointment of the city council of the City of
2-8 La Porte for the unexpired term.
2-9 (d) <(f)> Each director shall serve without emolument or
2-10 compensation paid by the authority.
2-11 (e) <(g)> Each director shall qualify by subscribing to the
2-12 constitutional oath of office and providing a bond in the amount of
2-13 $5,000 for the faithful performance of his duties. The cost of the
2-14 bond shall be paid by the authority. The bond of the first
2-15 directors shall be approved by the mayor of the City of La Porte
2-16 and filed in the office of the city manager of the City of La
2-17 Porte. The bonds of directors appointed after the first directors
2-18 shall be approved by the authority's board of directors and shall
2-19 be recorded in a record kept for that purpose in the office of the
2-20 authority.
2-21 (f) <(h)> At the first meeting in September of each year, or
2-22 after the annual vacancies in the board of directors are filled,
2-23 the board shall elect a president, a vice-president, a secretary,
2-24 and any other officers as in the judgment of the board are
2-25 considered necessary. The vice-president shall perform all duties
2-26 and exercise all power conferred by this Act or the provisions of
2-27 the general law on the president when the president is absent or
3-1 fails or declines to act. Any order adopted or other action taken
3-2 at a meeting of the board at which the president is absent may be
3-3 signed by the vice-president, or the board may authorize the
3-4 president to sign the order or other action.
3-5 (g) <(i)> At the direction of the board of directors, the
3-6 general manager of the authority may execute all contracts entered
3-7 into by the board on behalf of the authority.
3-8 (h) <(j)> A majority of the duly qualified directors shall
3-9 constitute a quorum of any meeting of the board of directors, and a
3-10 concurrence of a majority of those directors present and voting
3-11 shall be sufficient in all matters pertaining to the business of
3-12 the authority, including the letting of construction work, purchase
3-13 of existing facilities, and matters relating to construction work.
3-14 SECTION 2. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended,
3-19 and that this Act take effect and be in force from and after its
3-20 passage, and it is so enacted.