BILL ANALYSIS
By: Puente
BACKGROUND AND PURPOSE
Section 49.055 of the Water Code provides that an elected member of the board of directors of a water district shall make a sworn statement and take an oath of office as prescribed by the Texas Constitution before beginning to perform the duties of office. In addition, Chapter 551 of the Government Code requires that meetings of governmental bodies, including the board of directors of a water district, be open to the public. It is not clear, however, whether a director who has been elected but has not qualified to serve as required by Section 49.055, is considered a member of the board for purposes of Chapter 551, Government Code relating to open meetings laws.
This bill amends the Water Code to expressly provide that a director who has been elected to the board of directors of a water district but has not yet qualified to serve as director is considered a member of the board for purposes of open meetings law.
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.
ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 49, Water Code, by adding Section 49.0645 to provide that a director who has been elected to the board of directors of a water district but has not qualified to serve as director, as required by Water Code Section 49.055, is considered a member of the board for purposes of Chapter 551, Government Code (open meetings law).
SECTION 2. Provides that the Act is effective September 1, 2005.
EFFECTIVE DATE
September 1, 2005.