1-1 By: Junell (Senate Sponsor - Montford) H.B. No. 3053
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 17, 1995, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 17, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the operation of the Upper Colorado River Authority.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 3, 4, 5, and 6, Chapter 126, General
1-11 Laws, Acts of the 44th Legislature, Regular Session, 1935, are
1-12 amended to read as follows:
1-13 Sec. 3. (a) The powers, rights, privileges and functions of
1-14 the District shall be exercised by a Board of nine (9) directors
1-15 (herein called the Board), all of whom shall be residents of and
1-16 freehold property taxpayers in the State of Texas; it is further
1-17 provided that three (3) of said directors shall be resident
1-18 citizens of Tom Green County, three (3) of said directors shall be
1-19 resident citizens of Coke County, and the remaining three (3)
1-20 directors shall be resident citizens of counties contiguous to the
1-21 District, or in any County any part of which may be within
1-22 twenty-five (25) miles of said District. All of the directors
1-23 shall be appointed by the Governor of the State of Texas and
1-24 confirmed by the Senate of Texas. <Provided that no person shall
1-25 be eligible for such appointment if he has, during the preceding
1-26 three (3) years before his appointment been employed by an electric
1-27 power and light company, gas company, telephone company, or any
1-28 other utility company of any kind or character whatsoever.>
1-29 Directors are appointed for staggered terms of six (6) years with
1-30 three directors' terms expiring on February 1 of each odd-numbered
1-31 year. At the expiration of the term of any director, another
1-32 director shall be appointed by the Governor. Each director shall
1-33 hold office until the expiration of the term for which he was
1-34 appointed and thereafter until his successor shall have been
1-35 appointed and qualified, unless sooner removed as in this Act
1-36 provided. Any director may be removed by the Governor for
1-37 inefficiency, neglect of duty or misconduct in office, after at
1-38 least ten (10) days written notice of the charges against him and
1-39 an opportunity to be heard in person or by counsel at public
1-40 hearing. A vacancy resulting from the death, resignation or
1-41 removal of any director shall be filled by the Governor for the
1-42 unexpired term of such director. Each director shall qualify by
1-43 taking the official oath of office prescribed by General Statute.
1-44 (b) <Each director shall receive a fee of Fifty ($50.00)
1-45 Dollars per day for each day spent in attending meetings of the
1-46 Board.>
1-47 <(c)> Until the adoption of by-laws fixing the time and
1-48 place of regular meetings, and the manner in which special meetings
1-49 may be called, meetings of the Board shall be held at such times
1-50 and places as five (5) of the directors may designate in writing.
1-51 Five (5) directors shall constitute a quorum at any meeting, and,
1-52 except as otherwise provided in this Act, or in the by-laws, all
1-53 actions may be taken by the affirmative vote of a majority of the
1-54 directors present at any such meeting, except that no contract
1-55 which involves an amount greater than Ten Thousand ($10,000.00)
1-56 Dollars or which is to run for a longer period than a year, and no
1-57 bonds, notes or other evidence of indebtedness and no amendment of
1-58 the by-laws shall be valid unless authorized or ratified by the
1-59 affirmative vote of at least five directors.
1-60 Sec. 4. The Board shall select a Secretary who shall keep
1-61 true and complete records of all proceedings of the Board. Until
1-62 the appointment of a Secretary, or in the event of his absence or
1-63 inability to act, a Secretary pro tem shall be selected by the
1-64 Board. The Board shall also select a Chairman <General Manager>,
1-65 who shall be the chief executive officer of the District, and a
1-66 Treasurer, who may also hold the office of Secretary. All such
1-67 officers shall have such powers and duties, shall hold office for
1-68 such term and be subject to removal in such manner as may be
2-1 provided in the by-laws. The Board shall fix the compensation of
2-2 such officers. The Board may appoint such officers, agents and
2-3 employees, fix their compensation and term of office and the method
2-4 by which they may be removed, and delegate to them such of its
2-5 power and duties as it may deem proper.
2-6 Sec. 5. The moneys of the District shall be disbursed only
2-7 on checks, drafts, orders or other instruments signed by such
2-8 persons as shall be authorized to sign the same by the by-laws, or
2-9 resolution concurred in by not less than five directors. The
2-10 Chairman <General Manager>, the Treasurer and all other officers,
2-11 agents and employees of the District who shall be charged with the
2-12 collection, custody or payment of any funds of the District shall
2-13 give bond conditioned on the faithful performance of their duties
2-14 and an accounting for all funds and property of the District coming
2-15 into their respective hands, each of which bonds shall be in form
2-16 and amount and with a surety (which shall be a surety company
2-17 authorized to do business in the State of Texas) approved by the
2-18 Board, and the premiums on such bonds shall be paid by the District
2-19 and charged as an operating expense. Such bonds shall be payable
2-20 to the Board of Directors and their successors in office for the
2-21 use and benefit of the District.
2-22 Sec. 6. The general office of the District shall be located
2-23 by vote of a majority of Board of Directors, the county in which
2-24 said general offices are located to constitute the domicile of the
2-25 District and such general offices shall be in charge of the
2-26 Chairman <General Manager>. The District shall cause to be kept
2-27 complete and accurate accounts conforming to approved methods of
2-28 bookkeeping. Said accounts and all contracts, documents and
2-29 records of the District shall be kept at said principal office.
2-30 Said accounts and contracts shall be open to public inspection at
2-31 all reasonable times. The Board shall cause to be made and
2-32 completed within ninety days after the end of each calendar year,
2-33 an audit of the books of account and financial records of the
2-34 District for such calendar year, such audit to be made by an
2-35 independent Certified Public Accountant or firm of Certified Public
2-36 Accountants. Copies of a written report of such audit certified to
2-37 by said accountant or accountants, shall be placed and kept on file
2-38 <with the Board of Water Engineers,> with the Treasurer of the
2-39 State of Texas, with the Texas Natural Resource Conservation
2-40 Commission, and at said principal office, and shall be open to
2-41 public inspection at all reasonable times.
2-42 SECTION 2. The importance of this legislation and the
2-43 crowded condition of the calendars in both houses create an
2-44 emergency and an imperative public necessity that the
2-45 constitutional rule requiring bills to be read on three several
2-46 days in each house be suspended, and this rule is hereby suspended,
2-47 and that this Act take effect and be in force from and after its
2-48 passage, and it is so enacted.
2-49 * * * * *