| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
PerryX |
|
|
HancockX |
|
|
BlancoX |
|
|
FloresX |
|
|
GutierrezX |
|
|
JohnsonX |
|
|
KolkhorstX |
|
|
SparksX |
|
|
SpringerX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the San Jacinto River Authority, following |
|
|
recommendations of the Sunset Advisory Commission; specifying |
|
|
grounds for the removal of a member of the board of directors. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1A(a), Chapter 426, Acts of the 45th |
|
|
Legislature, Regular Session, 1937, is amended to read as follows: |
|
|
(a) The District is subject to review under Chapter 325, |
|
|
Government Code (Texas Sunset Act), but may not be abolished under |
|
|
that chapter. The review shall be conducted under Section 325.025, |
|
|
Government Code, as if the District were a state agency scheduled to |
|
|
be abolished September 1, 2035 [2023], and every 12th year after |
|
|
that year. |
|
|
SECTION 2. Section 6, Chapter 426, Acts of the 45th |
|
|
Legislature, Regular Session, 1937, is amended to read as follows: |
|
|
Sec. 6. The management and control of all the affairs of |
|
|
said District shall be vested in, and the powers, rights, |
|
|
privileges, and functions of the District shall be exercised by a |
|
|
Board of Directors consisting of seven [six (6)] members, all of |
|
|
whom shall be freehold property taxpayers and legal voters of the |
|
|
State of Texas and four (4) of whom shall be residents of a county |
|
|
wholly encompassed by the District. Members of such Board of |
|
|
Directors shall be appointed by the Governor for terms of four [six |
|
|
(6)] years. [Provided, the present Board of six (6) directors of |
|
|
said District, appointed by the State Board of Water Engineers |
|
|
under authority of House Bill No. 1094, Chapter 613, Acts of the |
|
|
Regular Session of the Forty-seventh Legislature, amending Section |
|
|
6 of Chapter 426, Acts of the Regular Session of the Forty-fifth |
|
|
Legislature, as amended by House Bill No. 828, Chapter 480, Acts of |
|
|
the Regular Session of the Forty-seventh Legislature, for terms of |
|
|
two (2), four (4), and six (6) years, shall continue to serve as |
|
|
such until the expiration of the respective terms for which they |
|
|
were appointed. Upon the expiration of the terms for which the |
|
|
present members of the Board of Directors were appointed, the |
|
|
successors of each and all of them shall be appointed by the |
|
|
Governor for a term of six (6) years.] |
|
|
The Directors shall hold office after their appointment and |
|
|
qualification until their successors shall be appointed and |
|
|
qualified. Should any vacancy occur in the Board of Directors, the |
|
|
same shall be filled in like manner by the Governor for the |
|
|
unexpired term. The Directors appointed shall, within thirty (30) |
|
|
days after their appointment, qualify by taking the official oath |
|
|
required of County Commissioners, and shall execute bond in the sum |
|
|
of Five Thousand Dollars ($5,000) payable to the District, the |
|
|
sufficiency of which bond shall be determined by the Governor, |
|
|
which bonds after being recorded in the official bond records of the |
|
|
county in which the District maintains its office shall be |
|
|
deposited with the depository selected and approved for the deposit |
|
|
of the funds of the District. |
|
|
The Governor shall designate a Director as the President of |
|
|
the Board to serve in that capacity at the pleasure of the Governor. |
|
|
The Board of Directors shall organize by electing one of its members |
|
|
[President, one] Vice-President, one Secretary, and one Treasurer. |
|
|
Four (4) members, including the President [presiding officer], |
|
|
shall constitute a quorum to transact business. The President |
|
|
shall preside at all meetings of the Board and shall be the chief |
|
|
executive officer of the District. The Vice-President shall act as |
|
|
President in case of the absence or disability of the President. |
|
|
The Secretary shall act as Secretary of the Board and shall be |
|
|
charged with the duty of keeping a record of all proceedings and all |
|
|
orders of the Board. The Treasurer shall receive and receipt for |
|
|
all moneys received by the District and shall keep books and records |
|
|
of all moneys received and expended. In case of the absence or |
|
|
inability of the Secretary to act, a Secretary pro tem shall be |
|
|
selected by the Directors. |
|
|
The domicile of the District shall be in the City of Conroe, |
|
|
in the County of Montgomery, Texas, where the District shall |
|
|
maintain its principal office. The Board of Directors shall have |
|
|
authority to fix the time, place and number of meetings of such |
|
|
Board by proper resolutions, regulations and bylaws passed by said |
|
|
Board. Said Board shall cause to be kept complete and accurate |
|
|
accounts conforming to approved methods of bookkeeping. Said |
|
|
accounts and all contracts, documents, and records of the District |
|
|
shall be kept at said principal office, and same shall be open to |
|
|
public inspection at all reasonable times. |
|
|
SECTION 3. Chapter 426, Acts of the 45th Legislature, |
|
|
Regular Session, 1937, is amended by adding Sections 6A, 6B, 6C, 6D, |
|
|
6E, and 6F to read as follows: |
|
|
Sec. 6A. (a) It is a ground for removal from the Board of |
|
|
Directors that a Director: |
|
|
(1) does not have at the time of taking office the |
|
|
qualifications required by Section 6 of this Act; |
|
|
(2) does not maintain during service on the Board the |
|
|
qualifications required by Section 6 of this Act; |
|
|
(3) is ineligible for directorship under Chapter 171, |
|
|
Local Government Code; |
|
|
(4) cannot, because of illness or disability, |
|
|
discharge the Director's duties for a substantial part of the |
|
|
Director's term; or |
|
|
(5) is absent from more than half of the regularly |
|
|
scheduled Board meetings that the Director is eligible to attend |
|
|
during a calendar year without an excuse approved by a majority vote |
|
|
of the Board. |
|
|
(b) The validity of an action of the Board is not affected by |
|
|
the fact that it is taken when a ground for removal of a Director |
|
|
exists. |
|
|
(c) If the general manager has knowledge that a potential |
|
|
ground for removal exists, the general manager shall notify the |
|
|
President of the Board of the potential ground. The President shall |
|
|
then notify the Governor and the Attorney General that a potential |
|
|
ground for removal exists. If the potential ground for removal |
|
|
involves the President, the general manager shall notify the next |
|
|
highest ranking Director, who shall then notify the Governor and |
|
|
the Attorney General that a potential ground for removal exists. |
|
|
Sec. 6B. (a) A person who is appointed to and qualifies for |
|
|
office as a Director may not vote, deliberate, or be counted as a |
|
|
Director in attendance at a meeting of the Board of Directors until |
|
|
the person completes a training program that complies with this |
|
|
section. |
|
|
(b) The training program must provide the person with |
|
|
information regarding: |
|
|
(1) the law governing District operations; |
|
|
(2) the programs, functions, rules, and budget of the |
|
|
District; |
|
|
(3) the scope of and limitations on the rulemaking |
|
|
authority of the District; |
|
|
(4) the results of the most recent formal audit of the |
|
|
District; |
|
|
(5) the requirements of: |
|
|
(A) laws relating to open meetings, public |
|
|
information, administrative procedure, and disclosing conflicts of |
|
|
interest; and |
|
|
(B) other laws applicable to members of the |
|
|
governing body of a river authority in performing their duties; and |
|
|
(6) any applicable ethics policies adopted by the |
|
|
District or the Texas Ethics Commission. |
|
|
(c) A person appointed to the Board is entitled to |
|
|
reimbursement for the travel expenses incurred in attending the |
|
|
training program regardless of whether the attendance at the |
|
|
program occurs before or after the person qualifies for office. |
|
|
(d) The general manager of the District shall create a |
|
|
training manual that includes the information required by |
|
|
Subsection (b) of this section. The general manager shall |
|
|
distribute a copy of the training manual annually to each Director. |
|
|
Each Director shall sign and submit to the general manager a |
|
|
statement acknowledging that the Director received and has reviewed |
|
|
the training manual. |
|
|
Sec. 6C. The Board of Directors shall develop and implement |
|
|
policies that clearly separate the policy-making responsibilities |
|
|
of the Board and the management responsibilities of the general |
|
|
manager and the staff of the District. |
|
|
Sec. 6D. (a) The District shall maintain a system to |
|
|
promptly and efficiently act on complaints filed with the District. |
|
|
The District shall maintain information about parties to the |
|
|
complaint, the subject matter of the complaint, a summary of the |
|
|
results of the review or investigation of the complaint, and its |
|
|
disposition. |
|
|
(b) The District shall make information available |
|
|
describing its procedures for complaint investigation and |
|
|
resolution. |
|
|
(c) The District shall periodically notify the complaint |
|
|
parties of the status of the complaint until final disposition, |
|
|
unless the notice would jeopardize an investigation. |
|
|
Sec. 6E. The Board of Directors shall develop and implement |
|
|
policies that provide the public with a reasonable opportunity to |
|
|
appear before the Board and to speak on any issue under the |
|
|
jurisdiction of the District. |
|
|
Sec. 6F. The Board of Directors shall develop and implement |
|
|
a comprehensive policy that provides a structure for public |
|
|
engagement in advance of major actions and projects. The policy |
|
|
must include a clear and detailed description of how the District |
|
|
will seek to actively engage stakeholders, including the possible |
|
|
use of: |
|
|
(1) advisory committees; |
|
|
(2) community panels; |
|
|
(3) town hall meetings; |
|
|
(4) surveys; and |
|
|
(5) other strategies on a recurring basis. |
|
|
SECTION 4. The member of the board of directors of the San |
|
|
Jacinto River Authority whose term expires in November 2027 shall |
|
|
continue in office until the member's successor is appointed to and |
|
|
qualifies for a term of four years beginning in October 2027. |
|
|
SECTION 5. (a) Except as provided by Subsection (b) of |
|
|
this section, Section 6B, Chapter 426, Acts of the 45th |
|
|
Legislature, Regular Session, 1937, as added by this Act, applies |
|
|
to a member of the board of directors of the San Jacinto River |
|
|
Authority appointed before, on, or after the effective date of this |
|
|
Act. |
|
|
(b) Notwithstanding Section 6B, Chapter 426, Acts of the |
|
|
45th Legislature, Regular Session, 1937, as added by this Act, a |
|
|
person serving on the board of directors of the San Jacinto River |
|
|
Authority may vote, deliberate, and be counted as a director in |
|
|
attendance at a meeting of the board until December 1, 2023. A |
|
|
director may not vote, deliberate, or be counted as a member in |
|
|
attendance at a meeting of the board held on or after December 1, |
|
|
2023, until the member completes the training required by that |
|
|
section. |
|
|
SECTION 6. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 7. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |