74R9744 JJT-D
          By Junell                                             H.B. No. 3053
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the operation of the Upper Colorado River Authority.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 3, 4, 5, and 6, Chapter 126, General
    1-5  Laws, Acts of the 44th Legislature, Regular Session, 1935, are
    1-6  amended to read as follows:
    1-7        Sec. 3.  (a)  The powers, rights, privileges and functions of
    1-8  the District shall be exercised by a Board of nine (9) directors
    1-9  (herein called the Board), all of whom shall be residents of and
   1-10  freehold property taxpayers in the State of Texas; it is further
   1-11  provided that three (3) of said directors shall be resident
   1-12  citizens of Tom Green County, three (3) of said directors shall be
   1-13  resident citizens of Coke County, and the remaining three (3)
   1-14  directors shall be resident citizens of counties contiguous to the
   1-15  District, or in any County any part of which may be within
   1-16  twenty-five (25) miles of said District.  All of the directors
   1-17  shall be appointed by the Governor of the State of Texas and
   1-18  confirmed by the Senate of Texas.  <Provided that no person shall
   1-19  be eligible for such appointment if he has, during the preceding
   1-20  three (3) years before his appointment been employed by an electric
   1-21  power and light company, gas company, telephone company, or any
   1-22  other utility company of any kind or character whatsoever.>
   1-23  Directors are appointed for staggered terms of six (6) years with
   1-24  three directors' terms expiring on February 1 of each odd-numbered
    2-1  year.  At the expiration of the term of any director, another
    2-2  director shall be appointed by the Governor.  Each director shall
    2-3  hold office until the expiration of the term for which he was
    2-4  appointed and thereafter until his successor shall have been
    2-5  appointed and qualified, unless sooner removed as in this Act
    2-6  provided.  Any director may be removed by the Governor for
    2-7  inefficiency, neglect of duty or misconduct in office, after at
    2-8  least ten (10) days written notice of the charges against him and
    2-9  an opportunity to be heard in person or by counsel at public
   2-10  hearing.  A vacancy resulting from the death, resignation or
   2-11  removal of any director shall be filled by the Governor for the
   2-12  unexpired term of such director.  Each director shall qualify by
   2-13  taking the official oath of office prescribed by General Statute.
   2-14        (b)  <Each director shall receive a fee of Fifty ($50.00)
   2-15  Dollars per day for each day spent in attending meetings of the
   2-16  Board.>
   2-17        <(c)>  Until the adoption of by-laws fixing the time and
   2-18  place of regular meetings, and the manner in which special meetings
   2-19  may be called, meetings of the Board shall be held at such times
   2-20  and places as five (5) of the directors may designate in writing.
   2-21  Five (5) directors shall constitute a quorum at any meeting, and,
   2-22  except as otherwise provided in this Act, or in the by-laws, all
   2-23  actions may be taken by the affirmative vote of a majority of the
   2-24  directors present at any such meeting, except that no contract
   2-25  which involves an amount greater than Ten Thousand ($10,000.00)
   2-26  Dollars or which is to run for a longer period than a year, and no
   2-27  bonds, notes or other evidence of indebtedness and no amendment of
    3-1  the by-laws shall be valid unless authorized or ratified by the
    3-2  affirmative vote of at least five directors.
    3-3        Sec. 4.  The Board shall select a Secretary who shall keep
    3-4  true and complete records of all proceedings of the Board.  Until
    3-5  the appointment of a Secretary, or in the event of his absence or
    3-6  inability to act, a Secretary pro tem shall be selected by the
    3-7  Board.  The Board shall also select a Chairman <General Manager>,
    3-8  who shall be the chief executive officer of the District, and a
    3-9  Treasurer, who may also hold the office of Secretary.  All such
   3-10  officers shall have such powers and duties, shall hold office for
   3-11  such term and be subject to removal in such manner as may be
   3-12  provided in the by-laws.  The Board shall fix the compensation of
   3-13  such officers.  The Board may appoint such officers, agents and
   3-14  employees, fix their compensation and term of office and the method
   3-15  by which they may be removed, and delegate to them such of its
   3-16  power and duties as it may deem proper.
   3-17        Sec. 5.  The moneys of the District shall be disbursed only
   3-18  on checks, drafts, orders or other instruments signed by such
   3-19  persons as shall be authorized to sign the same by the by-laws, or
   3-20  resolution concurred in by not less than five directors.  The
   3-21  Chairman <General Manager>, the Treasurer and all other officers,
   3-22  agents and employees of the District who shall be charged with the
   3-23  collection, custody or payment of any funds of the District shall
   3-24  give bond conditioned on the faithful performance of their duties
   3-25  and an accounting for all funds and property of the District coming
   3-26  into their respective hands, each of which bonds shall be in form
   3-27  and amount and with a surety (which shall be a surety company
    4-1  authorized to do business in the State of Texas) approved by the
    4-2  Board, and the premiums on such bonds shall be paid by the District
    4-3  and charged as an operating expense.  Such bonds shall be payable
    4-4  to the Board of Directors and their successors in office for the
    4-5  use and benefit of the District.
    4-6        Sec. 6.  The general office of the District shall be located
    4-7  by vote of a majority of Board of Directors, the county in which
    4-8  said general offices are located to constitute the domicile of the
    4-9  District and such general offices shall be in charge of the
   4-10  Chairman <General Manager>.  The District shall cause to be kept
   4-11  complete and accurate accounts conforming to approved methods of
   4-12  bookkeeping.  Said accounts and all contracts, documents and
   4-13  records of the District shall be kept at said principal office.
   4-14  Said accounts and contracts shall be open to public inspection at
   4-15  all reasonable times.  The Board shall cause to be made and
   4-16  completed within ninety days after the end of each calendar year,
   4-17  an audit of the books of account and financial records of the
   4-18  District for such calendar year, such audit to be made by an
   4-19  independent Certified Public Accountant or firm of Certified Public
   4-20  Accountants.  Copies of a written report of such audit certified to
   4-21  by said accountant or accountants, shall be placed and kept on file
   4-22  <with the Board of Water Engineers,> with the Treasurer of the
   4-23  State of Texas, with the Texas Natural Resource Conservation
   4-24  Commission, and at said principal office, and shall be open to
   4-25  public inspection at all reasonable times.
   4-26        SECTION 2.  The importance of this legislation and the
   4-27  crowded condition of the calendars in both houses create an
    5-1  emergency and an imperative public necessity that the
    5-2  constitutional rule requiring bills to be read on three several
    5-3  days in each house be suspended, and this rule is hereby suspended,
    5-4  and that this Act take effect and be in force from and after its
    5-5  passage, and it is so enacted.