DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 533 Engrossed 2023 Regular Session Mike Johnson
Abstract: Modifies the composition and qualifications of members of the Red River, Atchafalaya,
and Bayou Boeuf Levee District.
Present law provides relative to the board of commissioners for the Red River, Atchafalaya, and
Bayou Boeuf Levee District and provides for the governor to appoint a three-member board of
commissioners consisting of one member from each parish.
Proposed law modifies present law by requiring, effective June 1, 2024, the governor appoint,
subject to Senate confirmation, a nine-member board of commissioners as follows:
(1) Four members nominated by the members of the legislative delegation representing Rapides
Parish.
(2) Two members nominated by the members of the legislative delegation representing
Avoyelles Parish.
(3) Two members nominated by the members of the legislative delegation representing St.
Landry Parish.
(4) One at-large member nominated by the La. Farm Bureau Federation from Rapides Parish.
Proposed law further requires that at least one member from the Rapides Parish appointments,
confirmed by the Senate, be a minority.
Proposed law requires that each board member be a U.S. citizen, a resident within the district of the
parish for at least one year prior to confirmation, and remain a resident for the duration of their term
of office. Further requires each board member be of good character and possess experience that will
be useful to the board.
Proposed law requires that at least three members be either an engineer or a professional in a related
field such as geotechnical, hydrological, or environmental science. Further requires the member with
geotechnical experience be the at-large member nominated by the La. Farm Bureau Federation from
Rapides Parish or one of the four members nominated by the legislative delegation representing
Rapides Parish.
Proposed law specifies that any vacancy on the board that occurs prior to the end of a term must be filled for the remainder of the unexpired term in the same manner as the predecessor appointee was
selected within 30 days after the president received notice of the vacancy. Specifies that the board
must appoint an interim successor until the position is lawfully filled if the vacancy is not filled
within the required 30 day period.
Proposed law requires approval of board actions by an affirmative vote of a majority of the members
of that board present and voting. However, proposed law requires the following actions be approved
by a majority of the total board membership:
(1) Adoption of bylaws and other rules and regulations for conduct of the levee district's
business.
(2) Adoption of motion or resolution.
(3) Hiring or firing of an executive director.
(4) Incurring debt.
(5) Levy of taxes.
(6) Adoption or amendment of the budget.
(7) Sale, lease, encumbrance, or alienation of real property or any developments or
improvements of property.
(8) Appointment of interim members.
Proposed law requires, effective June 1, 2024, the president and vice president rotate every year with
the selection coming from commissioners appointed from the parishes of Avoyelles, Rapides, and
St. Landry.
Proposed law specifies that if the president is absent, demonstrates an inability, or simply fails to act
within his one-year term as president that his position will be filled by the other member selected
from the same parish in order to complete the remainder of that term of the office of the president.
Proposed law specifies that the governing authority of the Red River, Atchafalaya, and Bayou Boeuf
Levee District is the board of commissioners.
Proposed law specifies that the mission of the district is to protect and provide maintenance for the
levees in St. Landry, Avoyelles, and Rapides Parishes.
Proposed law specifies that board members are governed by the Code of Governmental Ethics.
Proposed law lists as grounds for removal the violation of the Ethics Code and the failure to act with
a fiduciary duty of loyalty and care. Proposed law specifies that employees of the district are not to be employees of the board or its
members. Additionally, prohibits individual members from directing, instructing, supervising, or
otherwise managing employees under the direction and supervision of the executive director.
Proposed law provides that the executive director has the following responsibilities:
(1) The specific responsibility of carrying out the policies of the board.
(2) The administration of such policies and projects of the board as directed and delegated by
the president.
(3) The supervision of all of the daily operations of the levee district and to make
recommendations to the president regarding the efficient and effective operation of the levee
district.
(4) The provision of all applicable notice of all meetings of the board and committees, and all
other applicable notice required by law or rule.
(5) The preparation of agendas, in connection with the board secretary, for regular and special
meetings of the board.
(6) The preparation of annual and interim operating budgets and provision of reports to the board
on the status of operational expenditures.
(7) The promotion and coordination of all safety training programs for board staff, including
overseeing the safe operation of all district equipment and facilities.
(8) The preparation and update of the emergency procedures manual required by present law.
(9) The review of permit requests and the issuance of such permits that meet applicable criteria,
provided the executive director submits permit requests for board approval that he deems
merits the board's attention or that received a negative response from either the U.S. Army
Corps of Engineers or the Dept. of Transportation and Development.
(a) The responsibility to act as the board's liaison with other governmental agencies with
respect to day-to-day operations of the district.
(b) The performance of such additional duties as directed by the president or the board,
within the scope of his responsibility.
Proposed law specifies that the proper place for oversight and monitoring is at board meetings.
Further prohibits board members from interfering in the daily operations or duties of the executive
director.
Proposed law prohibits board members from using, occupying, obligating, or donating resources,
funds, equipment, or labor of the district for uses inconsistent with the Code of Governmental Ethics
or inconsistent with the mission of the district. Proposed law establishes training requirements for each board member that are to be received at the
beginning of a term. Specifies that these training requirements include at least three hours of training
and instruction annually on the laws of this state governing powers, duties, and responsibilities of
levee board commissioners, the bylaws of the board of commissioners of the district, and in
environmental science, particularly flood protection.
Terminates the terms of existing commissioners of the Red River, Atchafalaya, and Bayou Boeuf
Levee District serving on the effective date of proposed law (June 1, 2024).
Effective June 1, 2024.
(Amends R.S. 38:291(M)(2); Adds R.S. 38:291(M)(3)-(7) and 292)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation, Highways and
Public Works to the original bill:
1. Change the effective date from August 1, 2023, to June 1, 2024, along with provisions
governing appointments, rotation of the president and vice president of the board, and
termination of the terms of the current commissioners.
2. Change the boundary in which appointees must reside from within the geographical
district of the port to within the district of the parish.
3. Remove the effective upon signature of the governor provision.