By Lewis of Orange H.B. No. 3846
76R6391 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition of the board of directors of the Sabine
1-3 River Authority of Texas and the abolition of the authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Chapter 110, Acts of the 51st
1-6 Legislature, Regular Session, 1949 (Article 8280-133, Vernon's
1-7 Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 3. The management and control of all of the affairs of
1-9 the district shall be vested in the Board of Directors, consisting
1-10 of nine (9) members, each of whom [must reside within a county
1-11 situated wholly or partially within the watershed of the Sabine
1-12 River and] shall be a freehold property taxpayer and a legal voter
1-13 of the State of Texas. Such Board of Directors shall be appointed
1-14 by the Governor of Texas as soon as practicable after the passage
1-15 of this Act and confirmed by the Senate; one-third of the members
1-16 to be appointed for a term of two (2) years, one-third of the
1-17 members to be appointed for a term of four (4) years, and the
1-18 remaining members to be appointed for a term of six (6) years.
1-19 Upon the expiration of the respective terms of said Directors the
1-20 successors of each and all of them shall be appointed thereafter
1-21 for a term of six (6) years. Four members of the Board of
1-22 Directors must each reside within a county located in the upper
1-23 basin of the Sabine River, including Collin, Rockwall, Kaufman,
1-24 Hunt, Rains, Van Zandt, Hopkins, Franklin, Wood, Smith, Upshur,
2-1 Gregg, Harrison, and Rusk counties. Four members of the Board of
2-2 Directors must each reside within a county located in the lower
2-3 basin of the Sabine River, including Panola, Shelby, San Augustine,
2-4 Sabine, Jasper, Newton, and Orange counties. One member of the
2-5 Board of Directors must reside within any county situated wholly or
2-6 partially within the watershed of the Sabine River. The Directors
2-7 shall hold office after their appointment and qualification until
2-8 their successors shall be appointed and qualified. Should any
2-9 vacancy occur in the Board of Directors the same may be filled in
2-10 like manner by the Governor of Texas for the unexpired term. The
2-11 Directors appointed shall within fifteen (15) days after their
2-12 appointment qualify by taking the official oath and filing a good
2-13 and sufficient bond with the Secretary of State; the official bond
2-14 of each Director to be in the sum of One Thousand Dollars ($1,000),
2-15 and shall be payable to the district, shall be conditioned upon the
2-16 faithful performance of official duties of such Director, and shall
2-17 be subject to approval by the Secretary of State of the State of
2-18 Texas.
2-19 SECTION 2. Chapter 110, Acts of the 51st Legislature,
2-20 Regular Session, 1949 (Article 8280-133, Vernon's Texas Civil
2-21 Statutes), is amended by adding Section 1A to read as follows:
2-22 Sec. 1A. The Sabine River Authority of Texas is subject to
2-23 review under Chapter 325, Government Code (Texas Sunset Act), as if
2-24 it were a state agency subject to review under that chapter.
2-25 Unless continued in existence as provided by that chapter, the
2-26 district is abolished and this Act expires September 1, 2001.
2-27 SECTION 3. The changes in law made by this Act to the board
3-1 of directors of the Sabine River Authority of Texas do not affect
3-2 the entitlement of a member serving on the board immediately before
3-3 the effective date of this Act to continue to carry out the
3-4 functions of the board for the remainder of the member's term.
3-5 SECTION 4. (a) In this section, "upper basin of the Sabine
3-6 River" and "lower basin of the Sabine River" have the meanings
3-7 assigned by Section 3, Chapter 110, Acts of the 51st Legislature,
3-8 Regular Session, 1949 (Article 8280-133, Vernon's Texas Civil
3-9 Statutes), as amended by this Act.
3-10 (b) To achieve the membership scheme for the board of
3-11 directors of the Sabine River Authority of Texas provided by
3-12 Section 3, Chapter 110, Acts of the 51st Legislature, Regular
3-13 Session, 1949 (Article 8280-133, Vernon's Texas Civil Statutes), as
3-14 amended by this Act:
3-15 (1) the governor shall appoint a member from a county
3-16 in the upper basin of the Sabine River to a six-year term to fill
3-17 the first position vacated by a member;
3-18 (2) the governor shall appoint a member from a county
3-19 in the lower basin of the Sabine River to a six-year term to fill
3-20 the second position vacated by a member;
3-21 (3) the governor shall appoint a member from a county
3-22 in the upper basin of the Sabine River to a six-year term to fill
3-23 the third position vacated by a member;
3-24 (4) the governor shall appoint a member from a county
3-25 in the lower basin of the Sabine River to a six-year term to fill
3-26 the fourth position vacated by a member;
3-27 (5) the governor shall appoint a member from a county
4-1 in the upper basin of the Sabine River to a six-year term to fill
4-2 the fifth position vacated by a member;
4-3 (6) the governor shall appoint a member from a county
4-4 in the lower basin of the Sabine River to a six-year term to fill
4-5 the sixth position vacated by a member;
4-6 (7) the governor shall appoint a member from a county
4-7 in the upper basin of the Sabine River to a six-year term to fill
4-8 the seventh position vacated by a member;
4-9 (8) the governor shall appoint a member from a county
4-10 in the lower basin of the Sabine River to a six-year term to fill
4-11 the eighth position vacated by a member; and
4-12 (9) the governor shall appoint a member from any
4-13 county located wholly or partially within the watershed of the
4-14 Sabine River to a six-year term to fill the ninth position vacated
4-15 by a member.
4-16 (c) For the purposes of Subsection (b), the expiration of a
4-17 term is considered to have created a vacancy. If a member vacates
4-18 a position before the member's term expires, the governor shall
4-19 appoint a person as provided by Subsection (b) to fill the
4-20 membership position for the remainder of the term.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.