JBM S.B. 1316 75(R) BILL ANALYSIS NATURAL RESOURCES S.B. 1316 By: Barrientos (Krusee) 5-13-97 Committee Report (Unamended) BACKGROUND Currently, directors of water districts are allowed a fee for serving of $100 per day not to exceed $6,000 per year. Because a position as director is considered by constitutional and statutory law as an office, state employees and certain local government employees cannot serve as a district director and receive the fee without violating dual office holding provisions. However, officials can receive a per diem payment without it counting as a salary and thus avoid the dual office holding provision. This bill will authorize a director of a water district to elect to receive a per diem payment for each day spent on district business, not to exceed $6,000 per year. PURPOSE To authorize a director of a water district to elect to receive a per diem payment for each day spent on district business, not to exceed $6,000 per year. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 49.060, Water Code, by redesignating Subsection (d) as Subsection (e), and adding a new Subsection (d), to authorize a director of a water district, instead of the fees of office and reimbursement of actual expenses, to elect to receive a per diem of $100 for each day the director actually spends performing the duties of a director. Prohibits the total per diems received from exceeding $6,000 per annum except for directors of a special water authority that is engaged in the distribution and sale of electric energy to the public. Requires each director, in order to receive the per diem, to file with the district a general description of the duties performed for each day of service. Provides that, Section 49.002, Water Code, notwithstanding, in all areas of conflict the provisions of this section shall take precedence over all prior statutory enactments. Provides that, if the enactment of this section results in an increase in the fees of office for any district, that district's fees office shall not increase unless the board adopts a resolution authorizing payment of the higher fees. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause.