88R3146 LRM-D

By: Metcalf H.B. No. 2912

A BILL TO BE ENTITLED

AN ACT

relating to the election of the board of directors of the San Jacinto River Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6, Chapter 426, Acts of the 45th Legislature, Regular Session, 1937, is amended to read as follows:

Sec. 6. (a) 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].

(b) Members of the [such] Board of Directors shall be elected at large by voters in the District [appointed by the Governor for terms of 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].

(c) The Directors shall hold office after their election [appointment] and qualification until their successors shall be elected [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 election [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.

(d) 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 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.

(e) 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 2. Section 30.003(4), Water Code, is amended to read as follows:

(4) "River authority" means any district or authority created by the legislature which contains an area within its boundaries of one or more counties and which is governed by a board of directors appointed or designated in whole or in part by the governor, or by the Texas Water Development Board. The term includes[, including without limitation] the San Antonio River Authority and the San Jacinto River Authority.

SECTION 3. (a) The San Jacinto River Authority shall hold the first election to elect directors as described by Section 6, Chapter 426, Acts of the 45th Legislature, Regular Session, 1937, as amended by this Act, on the uniform election date in May 2024.

(b) The terms of the directors serving on the board of directors of the San Jacinto River Authority on the effective date of this Act expire on the date the directors elected under Subsection (a) of this section have qualified.

(c) At the first meeting of the board of directors of the San Jacinto River Authority that follows the election held under Subsection (a) of this section, the directors shall draw lots to determine which four directors serve a term of four years and which three directors serve a term of two years.

SECTION 4. (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 5. This Act takes effect September 1, 2023.