1-1 By: Jackson (Senate Sponsor - Patterson) H.B. No. 432
1-2 (In the Senate - Received from the House April 3, 1995;
1-3 April 4, 1995, read first time and referred to Committee on Natural
1-4 Resources; April 19, 1995, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; April 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the membership of the board of directors of the La
1-9 Porte Area Water Authority.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 10, Chapter 729, Acts of the 67th
1-12 Legislature, Regular Session, 1981, is amended to read as follows:
1-13 Sec. 10. BOARD OF DIRECTORS. (a) Powers of the authority
1-14 shall be exercised by a board of five directors, none of whom shall
1-15 be a member of the city council of the City of La Porte during his
1-16 term as director.
1-17 (b) The <One director must reside outside the city limits of
1-18 La Porte but within the boundaries of the authority.>
1-19 <(c) By September 1, 1981, the city council of the City of
1-20 La Porte shall assign position numbers to each director's office
1-21 and shall appoint directors to those positions for two-year terms
1-22 as follows:>
1-23 <(1) those directors occupying Positions Number 1 and
1-24 Number 2 shall serve until September 1, 1982, and until their
1-25 successors have been appointed and qualified; and>
1-26 <(2) those directors occupying Positions Number 3,
1-27 Number 4, and Number 5 shall serve until September 1, 1983, and
1-28 until their successors have been appointed and qualified.>
1-29 <(d) On the expiration of those terms, the city council of
1-30 the> City of La Porte shall fill board <those> positions by
1-31 appointment of a director to each position for a term of two years,
1-32 so that two directors shall be appointed in one year and three
1-33 directors in the next year in continuing sequence.
1-34 (c) <(e)> A vacancy in the office of director, because of
1-35 the failure or refusal of one or more directors to qualify or
1-36 serve, because of death or incapacitation, or for any other reason,
1-37 shall be filled by appointment of the city council of the City of
1-38 La Porte for the unexpired term.
1-39 (d) <(f)> Each director shall serve without emolument or
1-40 compensation paid by the authority.
1-41 (e) <(g)> Each director shall qualify by subscribing to the
1-42 constitutional oath of office and providing a bond in the amount of
1-43 $5,000 for the faithful performance of his duties. The cost of the
1-44 bond shall be paid by the authority. The bond of the first
1-45 directors shall be approved by the mayor of the City of La Porte
1-46 and filed in the office of the city manager of the City of La
1-47 Porte. The bonds of directors appointed after the first directors
1-48 shall be approved by the authority's board of directors and shall
1-49 be recorded in a record kept for that purpose in the office of the
1-50 authority.
1-51 (f) <(h)> At the first meeting in September of each year, or
1-52 after the annual vacancies in the board of directors are filled,
1-53 the board shall elect a president, a vice-president, a secretary,
1-54 and any other officers as in the judgment of the board are
1-55 considered necessary. The vice-president shall perform all duties
1-56 and exercise all power conferred by this Act or the provisions of
1-57 the general law on the president when the president is absent or
1-58 fails or declines to act. Any order adopted or other action taken
1-59 at a meeting of the board at which the president is absent may be
1-60 signed by the vice-president, or the board may authorize the
1-61 president to sign the order or other action.
1-62 (g) <(i)> At the direction of the board of directors, the
1-63 general manager of the authority may execute all contracts entered
1-64 into by the board on behalf of the authority.
1-65 (h) <(j)> A majority of the duly qualified directors shall
1-66 constitute a quorum of any meeting of the board of directors, and a
1-67 concurrence of a majority of those directors present and voting
1-68 shall be sufficient in all matters pertaining to the business of
2-1 the authority, including the letting of construction work, purchase
2-2 of existing facilities, and matters relating to construction work.
2-3 SECTION 2. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.
2-10 * * * * *