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.