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A BILL TO BE ENTITLED
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AN ACT
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relating to the Lower Neches Valley Authority, following |
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recommendations of the Sunset Advisory Commission; specifying |
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grounds for the removal of a member of the board of directors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8504.0021(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) The authority is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but may not be abolished under |
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that chapter. The review shall be conducted under Section 325.025, |
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Government Code, as if the authority were a state agency scheduled |
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to be abolished September 1, 2037 [2025], and every 12th year after |
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that year. |
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SECTION 2. Subchapter B, Chapter 8504, Special District |
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Local Laws Code, is amended by adding Sections 8504.0555, 8504.058, |
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8504.059, 8504.060, 8504.061, and 8504.062 to read as follows: |
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Sec. 8504.0555. BOARD PRESIDENT. The governor shall |
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designate a member of the board as the board president to serve in |
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that capacity at the pleasure of the governor. |
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Sec. 8504.058. SEPARATION OF POLICYMAKING AND MANAGEMENT |
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FUNCTIONS. The board shall develop and implement policies that |
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clearly separate the policy-making responsibilities of the board |
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and the management responsibilities of the general manager and the |
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staff of the authority. |
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Sec. 8504.059. REMOVAL. (a) It is a ground for removal |
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from the board that a director: |
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(1) does not have at the time of taking office the |
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qualifications required by Sections 8504.051(b) and (c); |
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(2) does not maintain during service on the board |
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qualifications required by Sections 8504.051(b) and (c); |
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(3) violates Chapter 171, Local Government Code; |
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(4) cannot, because of illness or disability, |
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discharge the director's duties for a substantial part of the |
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director's 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 director 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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(b) The validity of an action of the board is not affected by |
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the fact that it is taken when a ground for removal of a director |
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exists. |
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(c) If the general manager has knowledge that a potential |
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ground for removal exists, the general manager shall notify the |
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board president of the potential ground. The board president shall |
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then notify the governor and the attorney general that a potential |
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ground for removal exists. If the potential ground for removal |
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involves the president, the general manager shall notify the next |
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highest ranking director, who shall then notify the governor and |
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the attorney general that a potential ground for removal exists. |
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Sec. 8504.060. REQUIRED TRAINING. (a) A person who is |
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appointed to and qualifies for office as a director may not vote, |
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deliberate, or be counted as a director in attendance at a meeting |
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of the board until the person completes a training program that |
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complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing authority operations; |
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(2) the programs, functions, rules, and budget of the |
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authority; |
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(3) the scope of and limitations on the rulemaking |
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authority of the board; |
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(4) the results of the most recent formal audit of the |
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authority; |
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(5) the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to members of the |
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governing body of a river authority in performing their duties; and |
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(6) any applicable ethics policies adopted by the |
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authority or by the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement for the travel expenses incurred in attending the |
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training program regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office. |
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(d) The general manager of the authority shall create a |
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training manual that includes the information required by |
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Subsection (b). The general manager shall distribute a copy of the |
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training manual annually to each director. Each director shall |
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sign and submit to the general manager a statement acknowledging |
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that the director received and has reviewed the training manual. |
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Sec. 8504.061. PUBLIC TESTIMONY. The board shall develop |
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and implement policies that provide the public with a reasonable |
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opportunity to appear before the board and to speak on any issue |
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under the jurisdiction of the authority. |
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Sec. 8504.062. COMPLAINTS; DUTY TO RESPOND. (a) The |
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authority shall maintain a system to promptly and efficiently act |
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on complaints filed with the authority. The authority shall |
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maintain information about parties to the complaint, the subject |
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matter of the complaint, a summary of the results of the review or |
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investigation of the complaint, and its disposition. |
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(b) The authority shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The authority shall periodically notify the complaint |
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parties of the status of the complaint until final disposition, |
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unless the notice would jeopardize an investigation. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, Section 8504.060, Special District Local Laws Code, as |
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added by this Act, applies to a member of the board of directors of |
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the Lower Neches Valley Authority appointed before, on, or after |
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the effective date of this Act. |
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(b) Notwithstanding Section 8504.060, Special District |
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Local Laws Code, as added by this Act, a member of the board of |
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directors of the Lower Neches Valley Authority may vote, |
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deliberate, and be counted as a director in attendance at a meeting |
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of the board until December 1, 2025. A member of the board may not |
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vote, deliberate, or be counted as a member in attendance at a |
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meeting of the board held on or after December 1, 2025, until the |
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member completes the training required by that section. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect September 1, 2025. |