| 1 | 1 | | 81R27854 SLB-D |
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| 2 | 2 | | By: Martinez Fischer H.B. No. 4823 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the Bexar Metropolitan Water District. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 8, Chapter 306, Acts of the 49th |
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| 10 | 10 | | Legislature, Regular Session, 1945, is amended to read as follows: |
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| 11 | 11 | | Sec. 8. (a) [.] The seven [five (5)] members of the Board of |
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| 12 | 12 | | Directors are [shall hereafter be] elected to staggered two-year |
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| 13 | 13 | | terms in an election held on the uniform election date in November. |
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| 14 | 14 | | Directors shall be elected from numbered single-member districts |
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| 15 | 15 | | established by the Board. The Board shall revise each |
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| 16 | 16 | | single-member district after each decennial census to reflect |
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| 17 | 17 | | population changes and to conform with state law, the federal |
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| 18 | 18 | | Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.), and any |
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| 19 | 19 | | applicable court order [for a term of six (6) years each, provided |
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| 20 | 20 | | that an election for two (2) Directors for a term of six (6) years |
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| 21 | 21 | | shall be held on the first Tuesday in April, 1954; the terms of |
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| 22 | 22 | | three (3) members of the present Board shall be, and are, hereby, |
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| 23 | 23 | | extended to the first Tuesday in April, 1957; and the present |
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| 24 | 24 | | Directors shall determine such three (3) by lot. Three (3) |
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| 25 | 25 | | Directors shall be elected on the first Tuesday in April, 1957, and |
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| 26 | 26 | | two (2) Directors and three (3) Directors, alternately, shall be |
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| 27 | 27 | | elected each three (3) years thereafter on the first Tuesday in |
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| 28 | 28 | | April as the six-year terms expire]. At an election of Directors, |
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| 29 | 29 | | the candidate from each single-member district who receives [The |
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| 30 | 30 | | two (2) or three (3) persons, respectively, receiving] the greatest |
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| 31 | 31 | | number of votes shall be declared elected to represent that |
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| 32 | 32 | | single-member district. Each Director shall hold office until his |
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| 33 | 33 | | successor shall have been elected or appointed and shall have |
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| 34 | 34 | | qualified. A Director may not serve more than three terms.[;] |
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| 35 | 35 | | (b) Such [such] elections shall be called, conducted and |
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| 36 | 36 | | canvassed in the manner provided by the Election Code. [Chapter 25, |
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| 37 | 37 | | General Laws of the Thirty-ninth Legislature, Regular Session, |
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| 38 | 38 | | 1925, and any amendments thereto;] |
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| 39 | 39 | | (c) The [the] Board of Directors shall fill all vacancies on |
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| 40 | 40 | | the Board by appointment and such appointees shall hold office for |
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| 41 | 41 | | the unexpired term for which they were appointed.[;] |
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| 42 | 42 | | (d) Any four [any three] members of the Board shall |
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| 43 | 43 | | constitute a quorum for the adoption of passage of any resolution or |
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| 44 | 44 | | order or the transaction of any business of the District.[;] |
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| 45 | 45 | | (e) A Director must [Directors succeeding the first Board, |
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| 46 | 46 | | whether now or hereafter elected, shall] be a qualified voter of the |
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| 47 | 47 | | single-member district from which the Director is elected [resident |
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| 48 | 48 | | electors of Bexar County, Texas, and owners of taxable property |
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| 49 | 49 | | within the area comprising said District, and shall organize in |
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| 50 | 50 | | like manner]. |
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| 51 | 51 | | SECTION 2. Chapter 306, Acts of the 49th Legislature, |
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| 52 | 52 | | Regular Session, 1945, is amended by adding Sections 8A, 8B, 8C, 9A, |
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| 53 | 53 | | 9B, 12A, 12B, 23A, 34, and 35 to read as follows: |
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| 54 | 54 | | Sec. 8A. (a) To be eligible to be a candidate for or elected |
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| 55 | 55 | | as a Director, a person must have: |
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| 56 | 56 | | (1) resided continuously in the single-member |
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| 57 | 57 | | district that the person seeks to represent for 12 months |
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| 58 | 58 | | immediately preceding the date of the regular filing deadline for |
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| 59 | 59 | | the candidate's application for a place on the ballot; |
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| 60 | 60 | | (2) viewed the open government training video provided |
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| 61 | 61 | | by the attorney general and provided to the Board a signed affidavit |
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| 62 | 62 | | stating that the candidate viewed the video; |
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| 63 | 63 | | (3) obtained 200 signatures from individuals living in |
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| 64 | 64 | | the District; and |
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| 65 | 65 | | (4) paid a filing fee of $500 or filed a petition in |
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| 66 | 66 | | lieu of the filing fee that satisfies the requirements prescribed |
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| 67 | 67 | | by Section 141.062, Election Code. |
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| 68 | 68 | | (b) In this subsection, "political contribution" and |
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| 69 | 69 | | "specific-purpose committee" have the meanings assigned by Section |
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| 70 | 70 | | 251.001, Election Code. A Director or a candidate for the office of |
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| 71 | 71 | | Director may not knowingly accept political contributions from a |
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| 72 | 72 | | person that in the aggregate exceed $500 in connection with each |
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| 73 | 73 | | election in which the person is involved. For purposes of this |
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| 74 | 74 | | subsection, a contribution to a specific-purpose committee for the |
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| 75 | 75 | | purpose of supporting a candidate for the office of Director, |
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| 76 | 76 | | opposing the candidate's opponent, or assisting the candidate as an |
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| 77 | 77 | | officeholder is considered to be a contribution to the candidate. |
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| 78 | 78 | | Sec. 8B. (a) A person who is elected or appointed to and |
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| 79 | 79 | | qualifies for office as a Director on or after the effective date of |
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| 80 | 80 | | this section may not vote, deliberate, or be counted as a member in |
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| 81 | 81 | | attendance at a meeting of the Board until the person completes a |
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| 82 | 82 | | training program on District management issues. The training |
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| 83 | 83 | | program must provide information to the person regarding: |
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| 84 | 84 | | (1) the enabling legislation that created the |
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| 85 | 85 | | District; |
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| 86 | 86 | | (2) the operation of the District; |
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| 87 | 87 | | (3) the role and functions of the Board; |
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| 88 | 88 | | (4) the rules of the Board; |
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| 89 | 89 | | (5) the current budget for the Board; |
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| 90 | 90 | | (6) the results of the most recent formal audit of the |
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| 91 | 91 | | Board; |
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| 92 | 92 | | (7) the requirements of the: |
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| 93 | 93 | | (A) open meetings law, Chapter 551, Government |
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| 94 | 94 | | Code; |
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| 95 | 95 | | (B) open records law, Chapter 552, Government |
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| 96 | 96 | | Code; and |
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| 97 | 97 | | (C) administrative procedure law, Chapter 2001, |
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| 98 | 98 | | Government Code; |
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| 99 | 99 | | (8) the requirements of the conflict of interest laws |
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| 100 | 100 | | and other laws relating to public officials; and |
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| 101 | 101 | | (9) any applicable ethics policies adopted by the |
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| 102 | 102 | | Board or the Texas Ethics Commission. |
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| 103 | 103 | | (b) The Texas Commission on Environmental Quality may |
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| 104 | 104 | | create an advanced training program designed for a person who has |
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| 105 | 105 | | previously completed a training program described by Subsection (a) |
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| 106 | 106 | | of this section. If the commission creates an advanced training |
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| 107 | 107 | | program under this subsection, a person who completes that advanced |
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| 108 | 108 | | training program is considered to have met the person's obligation |
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| 109 | 109 | | under Subsection (a) of this section. |
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| 110 | 110 | | (c) Each Director who is elected or appointed on or after |
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| 111 | 111 | | the effective date of this section shall complete a training |
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| 112 | 112 | | program described by Subsection (a) or (b) of this section at least |
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| 113 | 113 | | once in each term the Director serves. |
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| 114 | 114 | | (d) The Board shall adopt rules regarding the completion of |
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| 115 | 115 | | the training program described by Subsection (a) or (b) of this |
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| 116 | 116 | | section by a person who is elected or appointed to and qualifies for |
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| 117 | 117 | | office as a Director before the effective date of this section. A |
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| 118 | 118 | | Director described by this subsection who does not comply with |
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| 119 | 119 | | Board rules shall be considered incompetent as to the performance |
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| 120 | 120 | | of the duties of a Director in any action to remove the Director |
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| 121 | 121 | | from office. |
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| 122 | 122 | | (e) A Director may not: |
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| 123 | 123 | | (1) accept or solicit a gift, favor, or service that: |
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| 124 | 124 | | (A) might reasonably influence the Director in |
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| 125 | 125 | | the discharge of an official duty; or |
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| 126 | 126 | | (B) the Director knows or should know is being |
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| 127 | 127 | | offered with the intent to influence the Director's official |
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| 128 | 128 | | conduct; |
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| 129 | 129 | | (2) accept other employment or engage in a business or |
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| 130 | 130 | | professional activity that the Director might reasonably expect |
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| 131 | 131 | | would require or induce the Director to disclose confidential |
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| 132 | 132 | | information acquired by reason of the official position; |
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| 133 | 133 | | (3) accept other employment or compensation that could |
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| 134 | 134 | | reasonably be expected to impair the Director's independence of |
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| 135 | 135 | | judgment in the performance of the Director's official duties; |
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| 136 | 136 | | (4) make personal investments that could reasonably be |
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| 137 | 137 | | expected to create a substantial conflict between the Director's |
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| 138 | 138 | | private interest and the interest of the District; |
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| 139 | 139 | | (5) intentionally or knowingly solicit, accept, or |
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| 140 | 140 | | agree to accept any benefit for having exercised the Director's |
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| 141 | 141 | | official powers or performed the Director's official duties in |
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| 142 | 142 | | favor of another; or |
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| 143 | 143 | | (6) have a personal interest in an agreement executed |
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| 144 | 144 | | by the District. |
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| 145 | 145 | | (f) Not later than April 30 each year, a Director shall file |
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| 146 | 146 | | with the Bexar County clerk a verified financial statement |
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| 147 | 147 | | complying with Sections 572.022, 572.023, 572.024, and 572.0252, |
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| 148 | 148 | | Government Code. A copy of a financial statement filed under this |
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| 149 | 149 | | section shall be kept in the main office of the District. |
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| 150 | 150 | | Sec. 8C. (a) A Director may be recalled for: |
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| 151 | 151 | | (1) incompetency or official misconduct as described |
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| 152 | 152 | | by Section 21.022, Local Government Code; |
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| 153 | 153 | | (2) conviction of a felony; |
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| 154 | 154 | | (3) incapacity; |
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| 155 | 155 | | (4) failure to file a financial statement as required |
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| 156 | 156 | | by Section 8B(f) of this Act; |
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| 157 | 157 | | (5) failure to complete a training program described |
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| 158 | 158 | | by Section 8B(a) or (b) of this Act; or |
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| 159 | 159 | | (6) failure to maintain residency in the District. |
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| 160 | 160 | | (b) If at least 10 percent of the voters in the District |
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| 161 | 161 | | submit a petition to the Board requesting the recall of a Director, |
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| 162 | 162 | | the Board, not later than the 10th day after the date the petition |
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| 163 | 163 | | is submitted, shall mail a written notice of the petition and the |
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| 164 | 164 | | date of its submission to each registered voter in the District. |
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| 165 | 165 | | (c) Not later than the 30th day after the date a petition |
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| 166 | 166 | | requesting the recall of a Director is submitted, the Board shall |
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| 167 | 167 | | order an election on the question of recalling the Director. |
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| 168 | 168 | | (d) A recall election under this section may be held on any |
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| 169 | 169 | | uniform election date. |
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| 170 | 170 | | (e) If a majority of the District voters voting at an |
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| 171 | 171 | | election held under this section favor the recall of the Director, |
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| 172 | 172 | | the Director is recalled and ceases to be a member of the Board. |
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| 173 | 173 | | (f) If a vacancy occurs on the Board after the recall of a |
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| 174 | 174 | | Director under this section, the remaining members of the Board |
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| 175 | 175 | | shall appoint a replacement. A Director appointed to fill a vacancy |
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| 176 | 176 | | under this subsection serves until the next regularly scheduled |
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| 177 | 177 | | Directors' election. |
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| 178 | 178 | | Sec. 9A. (a) The Board shall employ a general manager of |
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| 179 | 179 | | the District or contract with a person to perform the duties of a |
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| 180 | 180 | | general manager. The Board shall delegate to the general manager or |
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| 181 | 181 | | contractor full authority to manage and operate the affairs of the |
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| 182 | 182 | | District subject only to orders of the Board. |
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| 183 | 183 | | (b) The Board shall delegate to the general manager or |
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| 184 | 184 | | contractor the authority to employ persons necessary for the proper |
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| 185 | 185 | | handling of the business and operation of the District and to |
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| 186 | 186 | | determine the compensation to be paid to employees, other than the |
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| 187 | 187 | | general manager or contractor. |
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| 188 | 188 | | (c) The general manager or contractor annually shall |
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| 189 | 189 | | complete a training program on state and federal laws related to the |
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| 190 | 190 | | administration of the District. The training program must provide |
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| 191 | 191 | | information regarding: |
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| 192 | 192 | | (1) nepotism; |
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| 193 | 193 | | (2) conflicts of interest; |
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| 194 | 194 | | (3) criminal penalties related to the conduct of |
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| 195 | 195 | | elected officials; |
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| 196 | 196 | | (4) financial disclosure requirements; |
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| 197 | 197 | | (5) equal employment; |
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| 198 | 198 | | (6) disability accommodation; |
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| 199 | 199 | | (7) labor relations; and |
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| 200 | 200 | | (8) the acquisition and sale of property. |
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| 201 | 201 | | Sec. 9B. (a) The Board shall employ a chief financial |
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| 202 | 202 | | officer of the District or contract with a person to perform the |
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| 203 | 203 | | duties of a chief financial officer. The Board shall delegate to |
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| 204 | 204 | | the chief financial officer or contractor the authority necessary |
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| 205 | 205 | | to administer all financial affairs of the District, including: |
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| 206 | 206 | | (1) maintaining the general accounting system for the |
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| 207 | 207 | | District; |
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| 208 | 208 | | (2) certifying the availability of funds for all |
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| 209 | 209 | | proposed expenditures; |
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| 210 | 210 | | (3) submitting to the Board a monthly statement of all |
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| 211 | 211 | | receipts and disbursements in sufficient detail to show the |
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| 212 | 212 | | financial condition of the District; and |
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| 213 | 213 | | (4) preparing at the end of each fiscal year a complete |
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| 214 | 214 | | financial statement and report. |
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| 215 | 215 | | (b) The Board shall require the chief financial officer of |
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| 216 | 216 | | the District to furnish good and sufficient bond, payable to the |
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| 217 | 217 | | District, in an amount determined by the Board to be sufficient to |
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| 218 | 218 | | safeguard the District. The bond shall be conditioned on the |
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| 219 | 219 | | faithful performance of that person's duties and on accounting for |
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| 220 | 220 | | all funds and property of the District. The bond shall be signed or |
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| 221 | 221 | | endorsed by a surety company authorized to do business in the state. |
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| 222 | 222 | | Sec. 12A. (a) All Board reimbursements and expenditures |
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| 223 | 223 | | must be approved by the Board in a regularly scheduled meeting. |
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| 224 | 224 | | (b) At each regularly scheduled meeting of the Board, the |
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| 225 | 225 | | Board shall review all expenditures made by the general manager. |
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| 226 | 226 | | Sec. 12B. (a) The Board shall adopt an annual budget. |
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| 227 | 227 | | (b) The budget must contain: |
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| 228 | 228 | | (1) a message explaining the budget; |
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| 229 | 229 | | (2) an outline of the proposed financial policies of |
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| 230 | 230 | | the District for the next fiscal year, including any major changes |
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| 231 | 231 | | from the current fiscal year; |
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| 232 | 232 | | (3) a comparison of the actual and estimated revenue |
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| 233 | 233 | | and expenditures for the current fiscal year and actual and |
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| 234 | 234 | | estimated revenue for the two preceding fiscal years; |
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| 235 | 235 | | (4) a statement of the water rates and collections for |
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| 236 | 236 | | the preceding five years; and |
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| 237 | 237 | | (5) a complete financial statement, including a |
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| 238 | 238 | | statement of: |
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| 239 | 239 | | (A) the outstanding obligations of the District, |
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| 240 | 240 | | with a schedule of payments and maturities; |
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| 241 | 241 | | (B) the amount of cash on hand to the credit of |
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| 242 | 242 | | each fund of the District; |
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| 243 | 243 | | (C) the amount of money received by the District |
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| 244 | 244 | | from all sources during the preceding fiscal year, with notations |
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| 245 | 245 | | regarding each department, division, or office of the District; |
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| 246 | 246 | | (D) the amount of money available to the District |
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| 247 | 247 | | from all sources during the following fiscal year; |
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| 248 | 248 | | (E) the amount of the balances expected at the |
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| 249 | 249 | | end of the fiscal year for which the budget is being prepared; |
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| 250 | 250 | | (F) the estimated amount of revenue and balances |
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| 251 | 251 | | available to cover the proposed budget; and |
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| 252 | 252 | | (G) the estimated revenue from fees that will be |
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| 253 | 253 | | required. |
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| 254 | 254 | | (c) The Board shall conduct two public hearings not later |
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| 255 | 255 | | than the 30th day before the date of the public hearing at which the |
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| 256 | 256 | | Board will adopt the budget. At least one of the public hearings |
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| 257 | 257 | | must be held at a location other than the District office. Notice |
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| 258 | 258 | | of the hearings must be included in a water or sewer service bill of |
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| 259 | 259 | | each ratepayer mailed at least 30 days before the date of the first |
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| 260 | 260 | | hearing. |
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| 261 | 261 | | Sec. 23A. (a) The Board may not increase residential water |
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| 262 | 262 | | or sewer service rates by more than 10 percent unless the Board |
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| 263 | 263 | | holds a public hearing on the matter of the rate increase. The |
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| 264 | 264 | | hearing must be attended by the Board and, if the District employs a |
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| 265 | 265 | | general manager or chief financial officer, by the general manager |
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| 266 | 266 | | and the chief financial officer. |
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| 267 | 267 | | (b) The Board may increase residential rates by more than 10 |
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| 268 | 268 | | percent only if approved by a unanimous vote of the Board after the |
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| 269 | 269 | | hearing held under Subsection (a). |
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| 270 | 270 | | (c) A motion by a Director to increase residential water or |
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| 271 | 271 | | sewer service rates by more than 10 percent must read as follows: |
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| 272 | 272 | | "I move that we increase residential (water or sewer, as |
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| 273 | 273 | | appropriate) rates by ___ percent. An average water bill in the |
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| 274 | 274 | | District is $ ___ for ___ gallons. With this increase, the average |
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| 275 | 275 | | residential water bill will be $ ___ for ___ gallons. We need to |
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| 276 | 276 | | increase the rates because of the following: (insert justification |
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| 277 | 277 | | for rate increase)." |
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| 278 | 278 | | Sec. 34. (a) After September 1, 2014, the Board annually |
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| 279 | 279 | | shall have an audit conducted of the District's books and records |
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| 280 | 280 | | that covers all matters relating to the fiscal affairs of the |
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| 281 | 281 | | District. The audit must be conducted by an independent auditor who |
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| 282 | 282 | | does not: |
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| 283 | 283 | | (1) otherwise maintain any District accounts; |
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| 284 | 284 | | (2) act as a financial advisor to the District; or |
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| 285 | 285 | | (3) have any financial interest in the District. |
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| 286 | 286 | | (b) The Board may not select the same auditor for more than |
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| 287 | 287 | | three consecutive annual audits. |
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| 288 | 288 | | Sec. 35. (a) As soon as practicable after the effective |
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| 289 | 289 | | date of this section, the Texas Commission on Environmental Quality |
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| 290 | 290 | | shall appoint a five-member panel to review the actions of the |
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| 291 | 291 | | Board. The commission by rule shall establish the qualifications |
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| 292 | 292 | | for the panel members. |
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| 293 | 293 | | (b) The District shall pay any costs reasonably incurred by |
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| 294 | 294 | | the panel or by a member of the panel in the performance of a duty |
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| 295 | 295 | | under this section. |
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| 296 | 296 | | (c) The Texas Commission on Environmental Quality shall |
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| 297 | 297 | | appoint one member of the panel as the presiding officer of the |
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| 298 | 298 | | panel. The presiding officer may reverse decisions made by the |
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| 299 | 299 | | Board or an employee of the District or act in the absence of action |
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| 300 | 300 | | by the Board or an employee of the District if: |
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| 301 | 301 | | (1) the matter is related to the administration of the |
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| 302 | 302 | | District; |
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| 303 | 303 | | (2) the action is not prohibited by other law; and |
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| 304 | 304 | | (3) the presiding officer determines that the Board or |
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| 305 | 305 | | an employee of the District is not in compliance with a request or |
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| 306 | 306 | | recommendation of the panel. |
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| 307 | 307 | | (d) Not later than June 1, 2010, the panel shall prepare a |
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| 308 | 308 | | report evaluating the distinct water systems that make up the |
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| 309 | 309 | | District and determine the following: |
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| 310 | 310 | | (1) the District's basis in or the intrinsic value of |
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| 311 | 311 | | the infrastructure associated with each water system; |
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| 312 | 312 | | (2) the District's bonded debt and commercial paper |
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| 313 | 313 | | reasonably associated with or allocable to the infrastructure in |
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| 314 | 314 | | each water system; |
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| 315 | 315 | | (3) the adequacy of the source of the water supply |
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| 316 | 316 | | located in each water system's service area to supply the current |
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| 317 | 317 | | and projected demands generated in that service area; |
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| 318 | 318 | | (4) the adequacy of the water storage facilities |
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| 319 | 319 | | located in each water system's service area to supply the current |
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| 320 | 320 | | and projected demands generated in that service area; |
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| 321 | 321 | | (5) the adequacy of the distribution system located in |
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| 322 | 322 | | each water system's service area to supply the current and |
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| 323 | 323 | | projected demands generated in that service area; and |
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| 324 | 324 | | (6) the ability of the District to serve its customers |
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| 325 | 325 | | in a particular service area or a specific part of the service area |
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| 326 | 326 | | based on the infrastructure and capacity of the District in that |
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| 327 | 327 | | area. |
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| 328 | 328 | | (e) The panel shall submit the report to the governor, the |
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| 329 | 329 | | lieutenant governor, the speaker of the house of representatives, |
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| 330 | 330 | | the chair of each committee of the legislature having primary |
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| 331 | 331 | | jurisdiction over water districts, and the Texas Commission on |
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| 332 | 332 | | Environmental Quality. |
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| 333 | 333 | | (f) The panel shall develop bylaws for the District that |
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| 334 | 334 | | separate the administrative and technical functions of the |
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| 335 | 335 | | District. The Board shall consider and adopt rules and bylaws |
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| 336 | 336 | | consistent with the bylaws developed by the panel. |
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| 337 | 337 | | (g) The panel shall examine the service delivery in the |
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| 338 | 338 | | several service areas of the District to determine whether the |
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| 339 | 339 | | District is financially and practically able to provide continuous |
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| 340 | 340 | | quality service in each area at reasonable rates. For any area the |
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| 341 | 341 | | panel determines the District's ability to serve is inadequate or |
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| 342 | 342 | | impractical, the panel shall recommend that the District divest the |
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| 343 | 343 | | utility assets in that area. |
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| 344 | 344 | | (h) If the panel makes a recommendation under Subsection |
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| 345 | 345 | | (g), the panel shall appoint an agent to carry out the sale of the |
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| 346 | 346 | | utility assets in that area. The agent shall bring an action in a |
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| 347 | 347 | | district court in Bexar County for a determination of the fair |
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| 348 | 348 | | market value of the assets to be sold. The fair market value shall |
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| 349 | 349 | | be determined by a judge who was elected to that court from |
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| 350 | 350 | | competent evidence of the value introduced by the parties. |
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| 351 | 351 | | Competent evidence of value may include: |
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| 352 | 352 | | (1) expert opinion testimony; |
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| 353 | 353 | | (2) comparable sales; |
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| 354 | 354 | | (3) anticipated marketing time and holding costs; |
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| 355 | 355 | | (4) cost of sale; and |
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| 356 | 356 | | (5) the necessity and amount of any discount to be |
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| 357 | 357 | | applied to the future sales price or the cash flow generated by the |
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| 358 | 358 | | property to arrive at a fair market value as of the date of the sale. |
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| 359 | 359 | | (i) After the fair market value is determined under |
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| 360 | 360 | | Subsection (h), the agent shall sell the assets for not less than |
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| 361 | 361 | | the determined fair market value to an appropriate entity. The |
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| 362 | 362 | | agent shall conduct the sale in a manner consistent with the best |
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| 363 | 363 | | interests of the ratepayers. Proceeds from the sale of the assets |
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| 364 | 364 | | shall be applied to outstanding debt of the District, and if any |
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| 365 | 365 | | proceeds remain after the retirement of all the District's debt, |
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| 366 | 366 | | the remaining proceeds shall be distributed to the ratepayers as a |
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| 367 | 367 | | rebate. |
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| 368 | 368 | | (j) This section expires September 1, 2014. |
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| 369 | 369 | | SECTION 3. (a) Subject to approval by the Legislative |
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| 370 | 370 | | Audit Committee for inclusion in the annual audit plan, the state |
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| 371 | 371 | | auditor shall conduct an annual audit of the Bexar Metropolitan |
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| 372 | 372 | | Water District for the five years following the effective date of |
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| 373 | 373 | | this Act. The scope of the audit shall be determined by the state |
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| 374 | 374 | | auditor based on a risk assessment. |
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| 375 | 375 | | (b) The district shall reimburse the state auditor for the |
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| 376 | 376 | | cost of the audit. |
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| 377 | 377 | | SECTION 4. (a) Section 8, Chapter 306, Acts of the 49th |
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| 378 | 378 | | Legislature, Regular Session, 1945, as amended by this Act, applies |
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| 379 | 379 | | only to a member of the board of directors of the Bexar Metropolitan |
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| 380 | 380 | | Water District who is elected to the board on or after the effective |
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| 381 | 381 | | date of this Act. |
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| 382 | 382 | | (b) Section 8A, Chapter 306, Acts of the 49th Legislature, |
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| 383 | 383 | | Regular Session, 1945, as added by this Act, applies only to a |
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| 384 | 384 | | member of the board of directors of the Bexar Metropolitan Water |
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| 385 | 385 | | District who is elected to the board on or after the effective date |
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| 386 | 386 | | of this Act. A director who is elected before the effective date of |
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| 387 | 387 | | this Act is governed by the law in effect when the director was |
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| 388 | 388 | | elected, and the former law is continued in effect for that purpose. |
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| 389 | 389 | | A director elected to a six-year term before the effective date of |
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| 390 | 390 | | this Act shall serve out the term to which the director was elected. |
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| 391 | 391 | | (c) For a numbered single-member district director's |
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| 392 | 392 | | position that expires in 2010 or 2011, the district shall call and |
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| 393 | 393 | | hold an election on a uniform election date in that year to elect |
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| 394 | 394 | | the director for that position for a term that expires on the |
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| 395 | 395 | | uniform election date in November 2013. |
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| 396 | 396 | | SECTION 5. (a) The legal notice of the intention to |
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| 397 | 397 | | introduce this Act, setting forth the general substance of this |
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| 398 | 398 | | Act, has been published as provided by law, and the notice and a |
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| 399 | 399 | | copy of this Act have been furnished to all persons, agencies, |
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| 400 | 400 | | officials, or entities to which they are required to be furnished |
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| 401 | 401 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 402 | 402 | | Government Code. |
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| 403 | 403 | | (b) The governor, one of the required recipients, has |
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| 404 | 404 | | submitted the notice and Act to the Texas Commission on |
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| 405 | 405 | | Environmental Quality. |
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| 406 | 406 | | (c) The Texas Commission on Environmental Quality has filed |
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| 407 | 407 | | its recommendations relating to this Act with the governor, the |
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| 408 | 408 | | lieutenant governor, and the speaker of the house of |
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| 409 | 409 | | representatives within the required time. |
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| 410 | 410 | | (d) All requirements of the constitution and laws of this |
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| 411 | 411 | | state and the rules and procedures of the legislature with respect |
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| 412 | 412 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 413 | 413 | | and accomplished. |
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| 414 | 414 | | SECTION 6. This Act takes effect immediately if it receives |
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| 415 | 415 | | a vote of two-thirds of all the members elected to each house, as |
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| 416 | 416 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 417 | 417 | | Act does not receive the vote necessary for immediate effect, this |
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| 418 | 418 | | Act takes effect September 1, 2009. |
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