| 1 | 1 | | 81R955 SGA-D |
|---|
| 2 | 2 | | By: Howard of Travis H.B. No. 4756 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the Lower Colorado River Authority. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Chapter 8503, Special District Local Laws Code, |
|---|
| 10 | 10 | | is amended by adding Section 8503.0031 to read as follows: |
|---|
| 11 | 11 | | Sec. 8503.0031. APPLICATION OF SUNSET ACT. (a) The |
|---|
| 12 | 12 | | authority is subject to review under Chapter 325, Government Code |
|---|
| 13 | 13 | | (Texas Sunset Act), as if it were a state agency but is not |
|---|
| 14 | 14 | | abolished under that chapter. |
|---|
| 15 | 15 | | (b) The authority shall be reviewed during the period in |
|---|
| 16 | 16 | | which state agencies scheduled to be reviewed or abolished in 2011 |
|---|
| 17 | 17 | | and every 12th year after that year are reviewed. |
|---|
| 18 | 18 | | SECTION 2. Sections 8503.006(a), (c), (f), (g), and (h), |
|---|
| 19 | 19 | | Special District Local Laws Code, are amended to read as follows: |
|---|
| 20 | 20 | | (a) The powers, rights, privileges, and functions of the |
|---|
| 21 | 21 | | authority shall be exercised by the board. The board shall consist |
|---|
| 22 | 22 | | of 15 directors appointed as follows: |
|---|
| 23 | 23 | | (1) the commissioners court of each county named in |
|---|
| 24 | 24 | | Section 8503.003 shall appoint one director from that county; and |
|---|
| 25 | 25 | | (2) the governor, with the advice and consent of the |
|---|
| 26 | 26 | | senate, shall appoint: |
|---|
| 27 | 27 | | (A) one director from Travis County; |
|---|
| 28 | 28 | | (B) one director from the counties named in |
|---|
| 29 | 29 | | Section 8503.003 other than Travis County; and |
|---|
| 30 | 30 | | (C) three directors [and shall include at least |
|---|
| 31 | 31 | | one director from each of the counties named in Section 8503.003 |
|---|
| 32 | 32 | | except Travis County, which shall have two directors. Three |
|---|
| 33 | 33 | | directors shall be appointed] at large from the counties served |
|---|
| 34 | 34 | | with electric power, other than the counties named [included] in |
|---|
| 35 | 35 | | Section 8503.003. |
|---|
| 36 | 36 | | (c) All directors shall be appointed [by the governor with |
|---|
| 37 | 37 | | the advice and consent of the senate] for staggered terms of six |
|---|
| 38 | 38 | | years, with five directors' [members'] terms expiring on February 1 |
|---|
| 39 | 39 | | of each odd-numbered year. |
|---|
| 40 | 40 | | (f) At the expiration of the term of a director, a successor |
|---|
| 41 | 41 | | shall be appointed in the manner provided by this section [by the |
|---|
| 42 | 42 | | governor with the advice and consent of the senate]. Each director |
|---|
| 43 | 43 | | shall hold office until the expiration of the term for which the |
|---|
| 44 | 44 | | director was appointed and until a successor has been appointed and |
|---|
| 45 | 45 | | has qualified, unless removed sooner as provided by this section. |
|---|
| 46 | 46 | | (g) The entity that appointed a director may remove the [A] |
|---|
| 47 | 47 | | director [may be removed by the governor] for inefficiency, neglect |
|---|
| 48 | 48 | | of duty, or misconduct in office after at least 30 days' written |
|---|
| 49 | 49 | | notice of the charges against the director and an opportunity to be |
|---|
| 50 | 50 | | heard in person or by counsel at a public hearing. |
|---|
| 51 | 51 | | (h) A [The governor shall appoint a person to fill a] |
|---|
| 52 | 52 | | vacancy on the board shall be filled for the unexpired term in the |
|---|
| 53 | 53 | | manner provided by this section for the original appointment. |
|---|
| 54 | 54 | | SECTION 3. Section 8503.007(a), Special District Local Laws |
|---|
| 55 | 55 | | Code, is amended to read as follows: |
|---|
| 56 | 56 | | (a) The board shall elect one of their number [governor |
|---|
| 57 | 57 | | shall designate a director] as the presiding officer of the board |
|---|
| 58 | 58 | | and [to serve in that capacity at the pleasure of the governor. The |
|---|
| 59 | 59 | | board shall elect] one of their number as an assistant presiding |
|---|
| 60 | 60 | | officer. |
|---|
| 61 | 61 | | SECTION 4. Chapter 8503, Special District Local Laws Code, |
|---|
| 62 | 62 | | is amended by adding Section 8503.032 to read as follows: |
|---|
| 63 | 63 | | Sec. 8503.032. WATER PRESSURE SAFETY STANDARDS. In |
|---|
| 64 | 64 | | accordance with commission rules for public water systems, the |
|---|
| 65 | 65 | | authority shall ensure that for any area in which the authority owns |
|---|
| 66 | 66 | | or operates the local water supply system, the water pressure for |
|---|
| 67 | 67 | | service to fire hydrants in the area is adequate to protect public |
|---|
| 68 | 68 | | safety. |
|---|
| 69 | 69 | | SECTION 5. (a) The change in law made by this Act does not |
|---|
| 70 | 70 | | affect the term of a member of the board of directors of the Lower |
|---|
| 71 | 71 | | Colorado River Authority serving on the effective date of this Act. |
|---|
| 72 | 72 | | Members appointed to fill vacancies occurring on or after the |
|---|
| 73 | 73 | | effective date of this Act must be appointed in accordance with |
|---|
| 74 | 74 | | Section 8503.006, Special District Local Laws Code, as amended by |
|---|
| 75 | 75 | | this Act. |
|---|
| 76 | 76 | | (b) The change in law made by this Act does not prohibit a |
|---|
| 77 | 77 | | person who is a member of the Lower Colorado River Authority board |
|---|
| 78 | 78 | | of directors before the effective date of this Act from being |
|---|
| 79 | 79 | | appointed as a member of the board of directors under the new |
|---|
| 80 | 80 | | composition of the board of directors if the person has the |
|---|
| 81 | 81 | | qualifications required for the position under Section 8503.006, |
|---|
| 82 | 82 | | Special District Local Laws Code, as amended by this Act. |
|---|
| 83 | 83 | | SECTION 6. (a) The legal notice of the intention to |
|---|
| 84 | 84 | | introduce this Act, setting forth the general substance of this |
|---|
| 85 | 85 | | Act, has been published as provided by law, and the notice and a |
|---|
| 86 | 86 | | copy of this Act have been furnished to all persons, agencies, |
|---|
| 87 | 87 | | officials, or entities to which they are required to be furnished |
|---|
| 88 | 88 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|---|
| 89 | 89 | | Government Code. |
|---|
| 90 | 90 | | (b) The governor, one of the required recipients, has |
|---|
| 91 | 91 | | submitted the notice and Act to the Texas Commission on |
|---|
| 92 | 92 | | Environmental Quality. |
|---|
| 93 | 93 | | (c) The Texas Commission on Environmental Quality has filed |
|---|
| 94 | 94 | | its recommendations relating to this Act with the governor, the |
|---|
| 95 | 95 | | lieutenant governor, and the speaker of the house of |
|---|
| 96 | 96 | | representatives within the required time. |
|---|
| 97 | 97 | | (d) All requirements of the constitution and laws of this |
|---|
| 98 | 98 | | state and the rules and procedures of the legislature with respect |
|---|
| 99 | 99 | | to the notice, introduction, and passage of this Act are fulfilled |
|---|
| 100 | 100 | | and accomplished. |
|---|
| 101 | 101 | | SECTION 7. This Act takes effect immediately if it receives |
|---|
| 102 | 102 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 103 | 103 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 104 | 104 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 105 | 105 | | Act takes effect September 1, 2009. |
|---|