Texas 2011 - 82nd Regular

Texas House Bill HB3847 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Lavender (Senate Sponsor - Eltife) H.B. No. 3847
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on Natural
4	4	Resources; May 11, 2011, reported favorably by the following vote:
5	5	Yeas 10, Nays 0; May 11, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Riverbend Water Resources District.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 9601.001, Special District Local Laws
13	13	Code, is amended by adding Subdivision (6) to read as follows:
14	14	(6) "Temporary administrator" means a person
15	15	appointed under Subchapter B-1.
16	16	SECTION 2. Subchapter A, Chapter 9601, Special District
17	17	Local Laws Code, is amended by adding Section 9601.008 to read as
18	18	follows:
19	19	Sec. 9601.008. MEMBER IMMUNITY. A member has immunity from
20	20	suit and immunity from liability in any action or proceeding
21	21	brought by another member arising out of or relating to the changes
22	22	in law made by the Act enacting this section.
23	23	SECTION 3. Section 9601.051, Special District Local Laws
24	24	Code, is amended by amending Subsections (b) and (f) and adding
25	25	Subsections (b-1), (b-2), and (g) to read as follows:
26	26	(b) The board consists of five directors, appointed as
27	27	follows:
28	28	(1) two directors appointed by the City of Texarkana;
29	29	(2) one director appointed by the City of New Boston;
30	30	(3) one director appointed by the Red River
31	31	Redevelopment Authority or its successor; and
32	32	(4) one director appointed by the members not named in
33	33	Subdivisions (1) through (3), including any members added under
34	34	Section 9601.005(b).
35	35	(b-1) The governing body of each member required to [shall]
36	36	appoint a director under Subsection (b)(1), (2), or (3) shall
37	37	appoint the required number of directors to represent the member on
38	38	the board. The members not named in Subsections (b)(1) through (3)
39	39	shall appoint a single director in the manner provided by
40	40	Subsection (b-2) to represent those members on the board. A [and
41	41	shall promptly fill a] vacancy in a [that] board position shall be
42	42	promptly filled in accordance with the [member's] policies,
43	43	resolutions, and procedures of the applicable member or members.
44	44	(b-2) The members not named in Subsections (b)(1) through
45	45	(3) may each nominate a person qualified to serve as a director.
46	46	The governing body of each of those members shall cast one vote for
47	47	a candidate chosen from the list of nominees. The nominee receiving
48	48	a majority of the votes cast by the governing bodies of those
49	49	members becomes the director representing those members on the
50	50	board.
51	51	(f) A director may not serve more than two consecutive
52	52	terms. A former director may not serve again before the fourth
53	53	anniversary of the last day of the director's previous term.
54	54	(g) The initial directors shall draw lots to achieve
55	55	staggered terms, with three of the directors serving three-year
56	56	terms and two of the directors serving four-year terms.
57	57	SECTION 4. Section 9601.052, Special District Local Laws
58	58	Code, is amended to read as follows:
59	59	Sec. 9601.052. QUALIFICATIONS FOR OFFICE. (a) To be
60	60	eligible to be appointed or to serve as a director, a person must be
61	61	a resident, qualified voter of the district.
62	62	(b) A person is not eligible to be appointed or to serve as a
63	63	director while the person:
64	64	(1) is serving as an elected official of a political
65	65	subdivision or other governmental body; or
66	66	(2) is an employee of a member.
67	67	SECTION 5. Section 9601.057, Special District Local Laws
68	68	Code, is amended to read as follows:
69	69	Sec. 9601.057. RECALL. (a) A director appointed under
70	70	Section 9601.051(b)(1), (2), or (3) may be recalled at any time by a
71	71	two-thirds vote of the governing body of the member that appointed
72	72	the director.
73	73	(b) A director appointed under Section 9601.051(b)(4) may
74	74	be recalled by a two-thirds vote of the members that appoint a
75	75	director under that section.
76	76	SECTION 6. Chapter 9601, Special District Local Laws Code,
77	77	is amended by adding Subchapter B-1 to read as follows:
78	78	SUBCHAPTER B-1. TEMPORARY ADMINISTRATOR
79	79	Sec. 9601.071. DEFINITION. In this subchapter,
80	80	"commission" means the Texas Commission on Environmental Quality.
81	81	Sec. 9601.072. APPOINTMENT. On the effective date of the
82	82	Act enacting this subchapter, Clyde M. Siebman is appointed as
83	83	temporary administrator for the district, and the term of each
84	84	person who is serving as a director expires on that date.
85	85	Sec. 9601.073. TERM. (a) The temporary administrator
86	86	shall serve until the 180th day after the date that a board
87	87	conforming to the structure described by Section 9601.051(b), as
88	88	amended by the Act enacting this subchapter, is appointed and the
89	89	directors have qualified.
90	90	(b) The commission may extend the term of the temporary
91	91	administrator if the commission determines, after consultation
92	92	with each state senator and representative who represents a
93	93	district that includes territory in the district, that an extension
94	94	is necessary to manage the transition between boards.
95	95	Sec. 9601.074. POWERS AND DUTIES. (a) The temporary
96	96	administrator shall have the same powers and duties of the board,
97	97	except that the temporary administrator may not issue bonds.
98	98	(b) The temporary administrator shall:
99	99	(1) complete an inventory of:
100	100	(A) the contracts to which the district is a
101	101	party, including an evaluation of the benefit to the district of
102	102	each contract; and
103	103	(B) district assets and liabilities;
104	104	(2) retrieve district assets that are in the
105	105	possession or under the control of persons not authorized by the
106	106	temporary administrator, including keys, passwords, books,
107	107	records, and personal, real, and intangible property;
108	108	(3) work to secure and protect the assets of the
109	109	district;
110	110	(4) obtain a financial audit of the district;
111	111	(5) determine the current operational, functional,
112	112	and financial condition of the district;
113	113	(6) recruit a qualified executive director and other
114	114	management personnel;
115	115	(7) provide oversight and supervision of the board;
116	116	(8) provide for a program to educate the incoming
117	117	board and management personnel on laws applicable to the district,
118	118	sound management strategies, negotiation skills, conflict of
119	119	interest policies and law, financial integrity, and contracting
120	120	issues;
121	121	(9) develop and implement strategies to carry out the
122	122	purposes of the district and to provide a safe, secure, and
123	123	plentiful supply of water for use within the northeast area of this
124	124	state;
125	125	(10) review and accept new member petitions from
126	126	political subdivisions; and
127	127	(11) at least every three months, report to the
128	128	commission on the progress of the duties described by this section.
129	129	(c) In the period after the appointment of a new board and
130	130	before the end of the temporary administrator's term, the temporary
131	131	administrator shall work cooperatively with the board in performing
132	132	the duties under Subsection (b).
133	133	Sec. 9601.075. PERSONNEL. The temporary administrator may
134	134	employ persons to assist the temporary administrator in carrying
135	135	out the duties assigned by this subchapter.
136	136	Sec. 9601.076. COMPENSATION AND REIMBURSEMENT. (a) The
137	137	temporary administrator and any person hired under Section 9601.075
138	138	is entitled to reasonable compensation, based on the education,
139	139	training, and experience of the person, and reimbursement of the
140	140	reasonable and necessary expenses incurred in carrying out the
141	141	duties assigned by this subchapter.
142	142	(b) The district shall pay the cost of compensation and
143	143	reimbursement.
144	144	(c) The amount of compensation and reimbursement shall be
145	145	determined by agreement of the temporary administrator and the
146	146	board, except that before the appointment and qualification of the
147	147	board as provided by Section 9601.051, as amended by the Act
148	148	enacting this subchapter, the amount of compensation and
149	149	reimbursement shall be determined by agreement of the temporary
150	150	administrator and the executive director of the commission. In the
151	151	event an agreement cannot be reached, the commission shall
152	152	determine the compensation and reimbursement, after obtaining the
153	153	approval of each state senator and representative who represents a
154	154	district that includes territory in the district.
155	155	Sec. 9601.077. REMOVAL AND REPLACEMENT. The commission
156	156	may, after obtaining the consent of each state senator and
157	157	representative who represents a district that includes territory in
158	158	the district, remove the temporary administrator and:
159	159	(1) appoint a new temporary administrator; or
160	160	(2) return control of the district to the board.
161	161	Sec. 9601.078. IMMUNITY FROM SUIT. For acts or omissions
162	162	undertaken in the course and scope of carrying out the duties
163	163	assigned by this subchapter, the temporary administrator is
164	164	entitled to the same immunity from suit and liability that applies
165	165	to a state district judge acting in a judicial capacity.
166	166	Sec. 9601.079. EXPIRATION OF SECTIONS. Sections 9601.071
167	167	through 9601.077 and this section expire September 1, 2013.
168	168	SECTION 7. Section 9601.104(a), Special District Local Laws
169	169	Code, is amended to read as follows:
170	170	(a) A person, entity, public agency, [or a] county,
171	171	municipality, or other political subdivision of this state or
172	172	another state may enter into a contract or agreement with the
173	173	district, on terms agreed to by the parties, for:
174	174	(1) the purchase or sale of water;
175	175	(2) waste collection, transportation, processing, or
176	176	disposal; or
177	177	(3) any purpose relating to the district's powers or
178	178	functions.
179	179	SECTION 8. Sections 9601.051(d) and 9601.059, Special
180	180	District Local Laws Code, are repealed.
181	181	SECTION 9. Not sooner than the 150th day and not later than
182	182	the 180th day after the effective date of this Act, the City of
183	183	Texarkana, the City of New Boston, the Red River Redevelopment
184	184	Authority or its successor, and the members described by Section
185	185	9601.051, Special District Local Laws Code, as amended by this Act,
186	186	shall appoint members, as appropriate, to the board of directors of
187	187	the Riverbend Water Resources District.
188	188	SECTION 10. (a) The legal notice of the intention to
189	189	introduce this Act, setting forth the general substance of this
190	190	Act, has been published as provided by law, and the notice and a
191	191	copy of this Act have been furnished to all persons, agencies,
192	192	officials, or entities to which they are required to be furnished
193	193	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
194	194	Government Code.
195	195	(b) The governor has submitted the notice and Act to the
196	196	Texas Commission on Environmental Quality.
197	197	(c) The Texas Commission on Environmental Quality has filed
198	198	its recommendations relating to this Act with the governor,
199	199	lieutenant governor, and speaker of the house of representatives
200	200	within the required time.
201	201	(d) All requirements of the constitution and laws of this
202	202	state and the rules and procedures of the legislature with respect
203	203	to the notice, introduction, and passage of this Act are fulfilled
204	204	and accomplished.
205	205	SECTION 11. This Act takes effect immediately if it
206	206	receives a vote of two-thirds of all the members elected to each
207	207	house, as provided by Section 39, Article III, Texas Constitution.
208	208	If this Act does not receive the vote necessary for immediate
209	209	effect, this Act takes effect September 1, 2011.
210	210	* * * * *