BILL ANALYSIS

 

 

Senate Research Center	H.B. 2725
85R20699 NC-D	By: Gonz�lez, Mary (Rodr�guez)
	Intergovernmental Relations
	5/16/2017
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 995, passed by the 84th Legislature, created a stormwater control and recapture planning authority for El Paso County. The law required state legislators, who represent the affected region, to serve on the board of directors of the stormwater control and recapture authority. However, elected members of the legislature cannot constitutionally hold two offices at the same time.

 

H.B. 2725 addresses this discrepancy by amending the Local Government Code to allow members of the legislature to appoint someone to serve on the board of the planning authority. H.B. 2725 also adds a board member from Texas Department of Transportation to be appointed by the Texas Transportation Commission.

 

H.B. 2725 amends current law relating to the composition of the board of directors of a stormwater control and recapture planning authority in certain counties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 391A.004, Local Government Code, as follows:

 

Sec. 391A.004. BOARD OF DIRECTORS. (a) Creates this subsection from existing text. Provides that the governing body of a stormwater control and recapture authority (authority) is a board of directors composed of:

 

(1) through (3) makes no changes to these subdivisions;

 

(4) a member appointed by each member of the state legislature, rather than each member of the state legislature, whose legislative district is wholly or partly in the territory of the authority; and

 

(5) a representative of the Texas Department of Transportation appointed by the Texas Transportation Commission.

 

(b) Prohibits a person from serving as a director if the person holds another public office.

 

SECTION 2. Effective date: upon passage or September 1, 2017.