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A BILL TO BE ENTITLED
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AN ACT
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relating to the Sabine River Authority of Texas, 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 2A(a), Chapter 110, Acts of the 51st |
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Legislature, Regular Session, 1949, is amended to read as follows: |
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(a) The district 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 district were a state agency scheduled to |
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be abolished September 1, 2037 [2025], and every 12th year after |
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that year. |
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SECTION 2. Section 4, Chapter 110, Acts of the 51st |
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Legislature, Regular Session, 1949, is amended to read as follows: |
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Sec. 4. The Governor shall designate a Director as the |
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President of the Board to serve in that capacity at the pleasure of |
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the Governor. The Directors of the district shall organize by |
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electing one of their members [President, one] Vice-President, one |
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Secretary, and a Secretary pro tem. Five (5) Directors shall |
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constitute a quorum at any meeting, and a concurrence of a majority |
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of those present shall be sufficient in all matters pertaining to |
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the business of the district, except the letting of construction |
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contracts and the authorization of issuance of bonds, which shall |
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require the concurrence of five (5) Directors. Warrants for the |
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payment of money may be drawn and signed by two (2) officers or |
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employees designated by resolution entered on the minutes of the |
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Directors, when such accounts have been contracted and ordered paid |
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by the Board of Directors. |
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SECTION 3. Chapter 110, Acts of the 51st Legislature, |
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Regular Session, 1949, is amended by adding Sections 4A, 4B, 6A, and |
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6B to read as follows: |
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Sec. 4A. (a) It is a ground for removal from the Board of |
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Directors 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 Section 3 of this Act; |
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(2) does not maintain during service on the Board the |
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qualifications required by Section 3 of this Act; |
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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 manager of the district has knowledge that a |
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potential ground for removal exists, the manager shall notify the |
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President of the Board of the potential ground. The 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 manager shall notify the next highest |
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ranking Director, who shall then notify the Governor and the |
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Attorney General that a potential ground for removal exists. |
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Sec. 4B. (a) A person who is appointed to and qualifies for |
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office as a Director may not vote, deliberate, or be counted as a |
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Director in attendance at a meeting of the Board of Directors until |
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the person completes a training program that complies with this |
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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 district operations; |
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(2) the programs, functions, rules, and budget of the |
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district; |
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(3) the scope of and limitations on the rulemaking |
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authority of the Board of Directors; |
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(4) the results of the most recent formal audit of the |
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district; |
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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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district or the Texas Ethics Commission. |
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(c) A person appointed to the Board of Directors is entitled |
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to 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 manager of the district shall create a training |
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manual that includes the information required by Subsection (b) of |
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this section. The manager shall distribute a copy of the training |
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manual annually to each Director. Each Director shall sign and |
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submit to the manager a statement acknowledging that the Director |
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received and has reviewed the training manual. |
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Sec. 6A. (a) The district shall maintain a system to |
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promptly and efficiently act on complaints filed with the district. |
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The district shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition. |
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(b) The district 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 district 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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Sec. 6B. The Board of Directors shall develop and implement |
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policies that provide the public with a reasonable opportunity to |
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appear before the Board and to speak on any issue under the |
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jurisdiction of the district. |
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SECTION 4. Section 10, Chapter 110, Acts of the 51st |
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Legislature, Regular Session, 1949, is amended to read as follows: |
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Sec. 10. The Directors shall [may] employ a manager for the |
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district, and may give the manager [him] full authority in the |
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management and operation of the district affairs (subject only to |
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the orders of the Board of Directors). Compensation to be paid such |
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manager and all employees shall be fixed by the Board of Directors |
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and all employees may be removed by the Board. |
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SECTION 5. Chapter 110, Acts of the 51st Legislature, |
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Regular Session, 1949, is amended by adding Section 10A to read as |
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follows: |
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Sec. 10A. The Board of Directors shall develop and |
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implement policies that clearly separate the policy-making |
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responsibilities of the Board and the management responsibilities |
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of the manager and the employees of the district. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, Section 4B, Chapter 110, Acts of the 51st |
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Legislature, Regular Session, 1949, as added by this Act, applies |
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to a member of the board of directors of the Sabine River Authority |
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of Texas appointed before, on, or after the effective date of this |
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Act. |
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(b) Notwithstanding Section 4B, Chapter 110, Acts of the |
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51st Legislature, Regular Session, 1949, as added by this Act, a |
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person serving on the board of directors of the Sabine River |
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Authority of Texas may vote, deliberate, and be counted as a |
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director in attendance at a meeting of the board until December 1, |
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2025. A director may not vote, deliberate, or be counted as a member |
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in attendance at a meeting of the board held on or after December 1, |
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2025, until the member completes the training required by that |
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section. |
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SECTION 7. (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 8. This Act takes effect September 1, 2025. |
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