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.