1-1 By: Lewis of Orange (Senate Sponsor - Bernsen) H.B. No. 3846
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the composition of the board of directors of the Sabine
1-9 River Authority of Texas.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3, Chapter 110, Acts of the 51st
1-12 Legislature, Regular Session, 1949 (Article 8280-133, Vernon's
1-13 Texas Civil Statutes), is amended to read as follows:
1-14 Sec. 3. The management and control of all of the affairs of
1-15 the district shall be vested in the Board of Directors, consisting
1-16 of nine (9) members, each of whom [must reside within a county
1-17 situated wholly or partially within the watershed of the Sabine
1-18 River and] shall be a freehold property taxpayer and a legal voter
1-19 of the State of Texas. Such Board of Directors shall be appointed
1-20 by the Governor of Texas as soon as practicable after the passage
1-21 of this Act and confirmed by the Senate; one-third of the members
1-22 to be appointed for a term of two (2) years, one-third of the
1-23 members to be appointed for a term of four (4) years, and the
1-24 remaining members to be appointed for a term of six (6) years.
1-25 Upon the expiration of the respective terms of said Directors the
1-26 successors of each and all of them shall be appointed thereafter
1-27 for a term of six (6) years. Four members of the Board of
1-28 Directors must each reside within a county located in the upper
1-29 basin of the Sabine River, including Collin, Rockwall, Kaufman,
1-30 Hunt, Rains, Van Zandt, Hopkins, Franklin, Wood, Smith, Upshur,
1-31 Gregg, Harrison, and Rusk counties. Four members of the Board of
1-32 Directors must each reside within a county located in the lower
1-33 basin of the Sabine River, including Panola, Shelby, San Augustine,
1-34 Sabine, Jasper, Newton, and Orange counties. One member of the
1-35 Board of Directors must reside within any county situated wholly or
1-36 partially within the watershed of the Sabine River. The Directors
1-37 shall hold office after their appointment and qualification until
1-38 their successors shall be appointed and qualified. Should any
1-39 vacancy occur in the Board of Directors the same may be filled in
1-40 like manner by the Governor of Texas for the unexpired term. The
1-41 Directors appointed shall within fifteen (15) days after their
1-42 appointment qualify by taking the official oath and filing a good
1-43 and sufficient bond with the Secretary of State; the official bond
1-44 of each Director to be in the sum of One Thousand Dollars ($1,000),
1-45 and shall be payable to the district, shall be conditioned upon the
1-46 faithful performance of official duties of such Director, and shall
1-47 be subject to approval by the Secretary of State of the State of
1-48 Texas.
1-49 SECTION 2. The changes in law made by this Act to the board
1-50 of directors of the Sabine River Authority of Texas do not affect
1-51 the entitlement of a member serving on the board immediately before
1-52 the effective date of this Act to continue to carry out the
1-53 functions of the board for the remainder of the member's term.
1-54 SECTION 3. (a) In this section, "upper basin of the Sabine
1-55 River" and "lower basin of the Sabine River" have the meanings
1-56 assigned by Section 3, Chapter 110, Acts of the 51st Legislature,
1-57 Regular Session, 1949 (Article 8280-133, Vernon's Texas Civil
1-58 Statutes), as amended by this Act.
1-59 (b) To achieve the membership scheme for the board of
1-60 directors of the Sabine River Authority of Texas provided by
1-61 Section 3, Chapter 110, Acts of the 51st Legislature, Regular
1-62 Session, 1949 (Article 8280-133, Vernon's Texas Civil Statutes), as
1-63 amended by this Act:
1-64 (1) the governor shall appoint a member from a county
2-1 in the upper basin of the Sabine River to a six-year term to fill
2-2 the first position vacated by a member;
2-3 (2) the governor shall appoint a member from a county
2-4 in the lower basin of the Sabine River to a six-year term to fill
2-5 the second position vacated by a member;
2-6 (3) the governor shall appoint a member from a county
2-7 in the upper basin of the Sabine River to a six-year term to fill
2-8 the third position vacated by a member;
2-9 (4) the governor shall appoint a member from a county
2-10 in the lower basin of the Sabine River to a six-year term to fill
2-11 the fourth position vacated by a member;
2-12 (5) the governor shall appoint a member from a county
2-13 in the upper basin of the Sabine River to a six-year term to fill
2-14 the fifth position vacated by a member;
2-15 (6) the governor shall appoint a member from a county
2-16 in the lower basin of the Sabine River to a six-year term to fill
2-17 the sixth position vacated by a member;
2-18 (7) the governor shall appoint a member from a county
2-19 in the upper basin of the Sabine River to a six-year term to fill
2-20 the seventh position vacated by a member;
2-21 (8) the governor shall appoint a member from a county
2-22 in the lower basin of the Sabine River to a six-year term to fill
2-23 the eighth position vacated by a member; and
2-24 (9) the governor shall appoint a member from any
2-25 county located wholly or partially within the watershed of the
2-26 Sabine River to a six-year term to fill the ninth position vacated
2-27 by a member.
2-28 (c) For the purposes of Subsection (b), the expiration of a
2-29 term is considered to have created a vacancy. If a member vacates
2-30 a position before the member's term expires, the governor shall
2-31 appoint a person as provided by Subsection (b) to fill the
2-32 membership position for the remainder of the term.
2-33 SECTION 4. The importance of this legislation and the
2-34 crowded condition of the calendars in both houses create an
2-35 emergency and an imperative public necessity that the
2-36 constitutional rule requiring bills to be read on three several
2-37 days in each house be suspended, and this rule is hereby suspended,
2-38 and that this Act take effect and be in force from and after its
2-39 passage, and it is so enacted.
2-40 * * * * *