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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Texas Water Development Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.052, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The board is composed of five [three] members as |
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follows: |
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(1) one [who are appointed by the governor with the
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advice and consent of the senate. One] member who must have |
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experience in the field of engineering; |
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(2)[,] one member who must have experience in the field |
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of public or private finance; |
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(3)[, and] one member who must have experience in the |
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field of law or business; |
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(4) the commissioner of agriculture; and |
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(5) the commissioner of the General Land Office. |
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(a-1) Members described by Subsections (a)(1), (2), and (3) |
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are appointed by the governor with the advice and consent of the |
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senate. The commissioner of agriculture and the commissioner of |
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the General Land Office serve ex officio and may not receive |
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compensation for service on the board. |
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SECTION 2. Section 6.053(a), Water Code, is amended to read |
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as follows: |
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(a) Appointed members [Members] of the board must be members |
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of the general public. |
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SECTION 3. Sections 6.054(a) and (d), Water Code, are |
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amended to read as follows: |
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(a) It is a ground for removal from the board of an appointed |
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member that the [a] member: |
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(1) does not have at the time of taking office the |
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qualifications required for appointment to the board; |
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(2) does not maintain during service on the board the |
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qualifications required for appointment to the board; |
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(3) is ineligible for membership under Sections 6.053, |
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6.057, and 6.058; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(5) is absent from more than half of the regularly |
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scheduled board meetings that the member is eligible to attend |
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during a calendar year without an excuse approved by a majority vote |
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of the board. |
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(d) The governor, with the advice and consent of the senate, |
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may remove an appointed [a] board member from office as provided by |
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Section 9, Article XV, Texas Constitution. |
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SECTION 4. Section 6.056(a), Water Code, is amended to read |
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as follows: |
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(a) The appointed members of the board hold office for |
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staggered terms of six years, with the term of one member expiring |
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February 1 of each odd-numbered year. Each appointed member holds |
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office until a successor is appointed and has qualified. |
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SECTION 5. Section 6.057(b), Water Code, is amended to read |
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as follows: |
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(b) A person may not be an appointed [a] member of the board |
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and may not be a board employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.), and its subsequent amendments, if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of water |
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planning or water financing; or |
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(2) the person's spouse is an officer, employee, or |
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paid consultant of a Texas trade association in the field of water |
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planning or water financing. |
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SECTION 6. Section 6.058, Water Code, is amended to read as |
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follows: |
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Sec. 6.058. LOBBYIST PROHIBITION. A person may not be an |
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appointed [a] member of the board or act as the general counsel to |
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the board if the person is required to register as a lobbyist under |
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Chapter 305, Government Code, because of the person's activities |
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for compensation on behalf of a profession related to the operation |
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of the board. |
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SECTION 7. Section 6.061, Water Code, is amended to read as |
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follows: |
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Sec. 6.061. FULL-TIME SERVICE. Each appointed member of the |
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board shall serve on a full-time basis. |
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SECTION 8. Sections 6.062(a) and (c), Water Code, are |
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amended to read as follows: |
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(a) A person who is appointed to and qualifies for office as |
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a member of the board or serves as an ex officio member of the board |
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may not vote, deliberate, or be counted as a member in attendance at |
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a meeting of the board until the person completes a training program |
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that complies with this section. |
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(c) A person appointed to the board or who serves as an ex |
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officio member of the board is entitled to reimbursement, as |
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provided by the General Appropriations Act, for the travel expenses |
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incurred in attending the training program regardless of whether |
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the attendance at the program occurs before or after the person |
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qualifies for office. |
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SECTION 9. Section 20.012(a), Water Code, is amended to |
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read as follows: |
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(a) The authority is governed by a board of directors |
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composed of the [six] directors of the development board. |
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SECTION 10. This Act takes effect September 1, 2015. |