By Bosse H.B. No. 1660
75R4052 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to training requirements for a director of a water
1-3 district or a water supply corporation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-6 by adding Section 5.123 to read as follows:
1-7 Sec. 5.123. ASSISTANCE WITH TRAINING REQUIREMENTS FOR
1-8 CERTAIN DIRECTORS. (a) The commission shall create reference
1-9 manuals containing information relating to the training
1-10 requirements imposed on:
1-11 (1) a director of a water district under Section
1-12 49.0511; and
1-13 (2) a director of a water supply corporation under
1-14 Section 3A, Chapter 76, Acts of the 43rd Legislature, 1st Called
1-15 Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes).
1-16 (b) The reference manuals shall contain course outlines and
1-17 the names of professional associations and other organizations that
1-18 provide the required training.
1-19 (c) The commission shall encourage professional associations
1-20 and other organizations to provide the required training at
1-21 locations throughout the state.
1-22 SECTION 2. Subchapter C, Chapter 49, Water Code, is amended
1-23 by adding Section 49.0511 to read as follows:
1-24 Sec. 49.0511. DIRECTOR TRAINING. (a) A director shall, not
2-1 later than the first anniversary of the date on which the director
2-2 was elected or appointed to a board, complete at least six hours of
2-3 training provided by a professional association or other
2-4 organization in the following areas:
2-5 (1) the role and functions of the district;
2-6 (2) district finances;
2-7 (3) the duties and responsibilities of a director;
2-8 (4) rules applicable to the district adopted by the
2-9 commission;
2-10 (5) the requirements applicable to the district of
2-11 the:
2-12 (A) Public Funds Investment Act, Chapter 2256,
2-13 Government Code;
2-14 (B) open meetings law, Chapter 551, Government
2-15 Code; and
2-16 (C) open records law, Chapter 552, Government
2-17 Code;
2-18 (6) applicable ethics policies adopted by the
2-19 commission or the Texas Ethics Commission; and
2-20 (7) applicable tax, election, and local government
2-21 laws.
2-22 (b) A district shall provide each incoming director with a
2-23 copy of the training reference manual created by the commission
2-24 under Section 5.123.
2-25 (c) A professional association or other organization that
2-26 provides training to a director under Subsection (a) may, on
2-27 completion of at least six hours of training by a director, issue a
3-1 certificate of completion to the director.
3-2 (d) A director shall submit the certificate of completion
3-3 received under Subsection (c) or other comparable documentation to
3-4 the board on which the director serves.
3-5 (e) The board shall notify a director who fails to comply
3-6 with Subsection (a) that the director must complete the training
3-7 not later than the 60th day after the date the director receives
3-8 the notice. If the director fails to complete the training by that
3-9 date, the board by a majority vote may remove the director.
3-10 (f) A district shall reimburse a director of the district
3-11 for reasonable expenses incurred in completing the training
3-12 required under Subsection (a).
3-13 SECTION 3. Chapter 76, Acts of the 43rd Legislature, 1st
3-14 Called Session, 1933 (Article 1434a, Vernon's Texas Civil
3-15 Statutes), is amended by adding Section 3A to read as follows:
3-16 Sec. 3A. DIRECTOR TRAINING. (a) A member of a board of
3-17 directors shall, not later than the first anniversary of the date
3-18 on which the director was elected or appointed to the board,
3-19 complete at least six hours of training provided by a professional
3-20 association or other organization in the following areas:
3-21 (1) the role and functions of the corporation;
3-22 (2) corporation finances;
3-23 (3) the duties and responsibilities of a director;
3-24 (4) rules applicable to the corporation adopted by the
3-25 Texas Natural Resource Conservation Commission;
3-26 (5) the requirements applicable to the corporation of
3-27 the:
4-1 (A) Public Funds Investment Act, Chapter 2256,
4-2 Government Code;
4-3 (B) open meetings law, Chapter 551, Government
4-4 Code; and
4-5 (C) open records law, Chapter 552, Government
4-6 Code;
4-7 (6) applicable ethics policies adopted by the Texas
4-8 Natural Resource Conservation Commission or the Texas Ethics
4-9 Commission; and
4-10 (7) applicable tax, election, and local government
4-11 laws.
4-12 (b) A board of directors shall provide each incoming
4-13 director with a copy of the training reference manual created by
4-14 the Texas Natural Resource Conservation Commission under Section
4-15 5.123, Water Code.
4-16 (c) A professional association or other organization that
4-17 provides training to a director under Subsection (a) may, on
4-18 completion of at least six hours of training by a director, issue a
4-19 certificate of completion to the director.
4-20 (d) A director shall submit the certificate of completion
4-21 received under Subsection (c) or other comparable documentation to
4-22 the board on which the director serves.
4-23 (e) The board of directors shall notify a director who fails
4-24 to comply with Subsection (a) that the director must complete the
4-25 training not later than the 60th day after the date the director
4-26 receives the notice. If the director fails to complete the
4-27 training by that date, the board by a majority vote may remove the
5-1 director.
5-2 (f) A corporation shall reimburse a director of the
5-3 corporation for reasonable expenses incurred in completing the
5-4 training required under Subsection (a).
5-5 SECTION 4. This Act takes effect September 1, 1997, and
5-6 applies only to a director elected or appointed to the board of a
5-7 water district or a water supply corporation on or after September
5-8 1, 1997.
5-9 SECTION 5. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.