82R8902 SLB-D
By: Garza H.B. No. 3855
A BILL TO BE ENTITLED
AN ACT
relating to the Bexar Metropolitan Water District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ELECTION; EFFECTIVE DATE OF ARTICLES 2 AND 3
SECTION 1.01. (a) In this section:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "District" means the Bexar Metropolitan Water
District.
(b) On the next uniform election date following the 60th day
after the date of preclearance under Section 5 of the federal Voting
Rights Act of 1965 (42 U.S.C. Section 1973c) of all provisions of
the Act enacting this section that are subject to that
preclearance, the commission shall hold an election in the district
on the question of dissolving the district and disposing of the
district's assets and obligations. If the commission determines
that preclearance under Section 5 of the federal Voting Rights Act
of 1965 is not required, the commission shall hold the election on
the next uniform election date that falls at least 60 days after the
date the commission makes that determination.
(c) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(d) The commission shall give notice of an election under
this section by publishing once a week for two consecutive weeks a
substantial copy of the election order in a newspaper with general
circulation in the district. The first publication of the notice
must appear not later than the 35th day before the date of the
election.
(e) The ballot for an election under this section must be
printed to permit voting for or against the proposition: "The
dissolution of the Bexar Metropolitan Water District."
SECTION 1.02. (a) On the date on which the election results
are officially declared the commission shall certify that result to
the secretary of state.
(b) If the proposition is approved by a majority of the
voters voting at the election:
(1) Article 3 of this Act takes effect on the date the
results are officially declared; and
(2) Article 2 of this Act does not take effect.
(c) If a majority of the voters voting at the election do not
approve the proposition:
(1) Article 2 of this Act takes effect on the date the
results are officially declared; and
(2) Article 3 of this Act does not take effect.
ARTICLE 2. BOARD OF DIRECTORS OF THE BEXAR METROPOLITAN WATER
DISTRICT IF VOTERS DO NOT DISSOLVE THE DISTRICT UNDER ARTICLE 1
SECTION 2.01. Sections 1 and 8, Chapter 306, Acts of the
49th Legislature, Regular Session, 1945, are amended to read as
follows:
Sec. 1. In obedience to the provisions of Article 16,
Section 59 of the Constitution of Texas, there is hereby created
Bexar Metropolitan Water District. [, hereinafter in this Act
sometimes called the "District."]
Sec. 8. (a) [.] The seven [five (5)] members of the Board of
Directors are [shall hereafter be] elected to staggered two-year
terms in an election held on the uniform election date in November.
Directors are elected from numbered single-member districts
established by the Board. The Board shall revise each
single-member district after each decennial census to reflect
population changes and to conform with state law, the federal
Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.), and any
applicable court order [for a term of six (6) years each, provided
that an election for two (2) Directors for a term of six (6) years
shall be held on the first Tuesday in April, 1954; the terms of
three (3) members of the present Board shall be, and are, hereby,
extended to the first Tuesday in April, 1957; and the present
Directors shall determine such three (3) by lot. Three (3)
Directors shall be elected on the first Tuesday in April, 1957, and
two (2) Directors and three (3) Directors, alternately, shall be
elected each three (3) years thereafter on the first Tuesday in
April as the six-year terms expire]. At an election of Directors,
the candidate from each single-member district who receives [The
two (2) or three (3) persons, respectively, receiving] the greatest
number of votes is [shall be declared] elected to represent that
single-member district. Each Director shall hold office until his
successor is [shall have been] elected or appointed and has [shall
have] qualified.
(a-1) A person is not eligible to serve as a Director for
more than three terms or for more than a total of seven years of
service.[;]
(b) Such [such] elections shall be called, conducted and
canvassed in the manner provided by the Election Code. [Chapter 25,
General Laws of the Thirty-ninth Legislature, Regular Session,
1925, and any amendments thereto;]
(c) The [the] Board of Directors shall fill all vacancies on
the Board by appointment and such appointees shall hold office
until a successor elected at the next scheduled election date has
qualified. [for the unexpired term for which they were appointed;]
(d) Any four [any three] members of the Board are [shall
constitute] a quorum for the adoption or [of] passage of any
resolution or order or the transaction of any business of the
District.[;]
(e) A Director must [Directors succeeding the first Board,
whether now or hereafter elected, shall] be a qualified voter of the
single-member district from which the Director is elected [resident
electors of Bexar County, Texas, and owners of taxable property
within the area comprising said District, and shall organize in
like manner].
(f) A payment to a Director for fees of office under Section
49.060, Water Code, may not be made for a meeting that occurs in a
different fiscal year from the one in which the payment is made.
SECTION 2.02. Section 33A, Chapter 306, Acts of the 49th
Legislature, Regular Session, 1945, is amended by amending
Subsection (c) and adding Subsection (g) to read as follows:
(c) The oversight committee is comprised of seven [5]
members appointed as follows [to represent the following members]:
(1) two Senators who represent Senate districts that
include territory within the Bexar Metropolitan Water District,
[the Senator sponsor of this Act, or, in the event this Senator
cannot serve, a Senator] appointed by the Lieutenant Governor;
(2) two Representatives who represent [the] House
districts that include territory within the District, [author of
this Act, or, in the event this Representative cannot serve, a
Representative] appointed by the Speaker of the Texas House of
Representatives;
(3) one member with special expertise in the operation
of public water utilities appointed by the Governor;
(4) one member appointed by the Governor to represent
the public; and
(5) one [a] member of the Bexar County Commissioners
Court who represents a precinct in which customers of the District
reside.
(g) On or before December 31, 2012, the oversight committee
shall provide a report under Subsection (e) of this section to the
legislature. The committee is abolished and this section expires
January 1, 2013.
SECTION 2.03. Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945, is amended by adding Sections 1A, 8A, 8B, 8C,
10A, and 10B to read as follows:
Sec. 1A. In this Act:
(1) "Board" means the District's Board of Directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a Board member.
(4) "District" means the Bexar Metropolitan Water
District.
Sec. 8A. (a) To be eligible to be a candidate for or to be
elected or appointed as a Director, a person must have:
(1) resided continuously in the single-member
district that the person seeks to represent for 12 months
immediately preceding the date of the regular filing deadline for
the candidate's application for a place on the ballot;
(2) viewed the open government training video provided
by the attorney general and provided to the Board a signed affidavit
stating that the candidate viewed the video;
(3) obtained 200 signatures from individuals living in
the District; and
(4) paid a filing fee of $250 or filed a petition in
lieu of the filing fee that satisfies the requirements prescribed
by Section 141.062, Election Code.
(b) In this subsection, "political contribution" and
"specific-purpose committee" have the meanings assigned by Section
251.001, Election Code. A Director or a candidate for the office of
Director may not knowingly accept political contributions from a
person that in the aggregate exceed $500 in connection with each
election in which the person is involved. For purposes of this
subsection, a contribution to a specific-purpose committee for the
purpose of supporting a candidate for the office of Director,
opposing the candidate's opponent, or assisting the candidate as an
officeholder is considered to be a contribution to the candidate.
Sec. 8B. (a) A person who is elected or appointed to and
qualifies for office as a Director on or after the effective date of
this section may not vote, deliberate, or be counted as a member in
attendance at a meeting of the Board until the person completes a
training program on District management issues. The training
program must provide information to the person regarding:
(1) the enabling legislation that created the
District;
(2) the operation of the District;
(3) the role and functions of the Board;
(4) the rules of the Board;
(5) the current budget for the Board;
(6) the results of the most recent formal audit of the
Board;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
Board or the Texas Ethics Commission.
(b) The Texas Commission on Environmental Quality may
create an advanced training program designed for a person who has
previously completed a training program described by Subsection (a)
of this section. If the commission creates an advanced training
program under this subsection, a person who completes that advanced
training program is considered to have met the person's obligation
under Subsection (a) of this section.
(c) Each Director who is elected or appointed on or after
the effective date of this section shall complete a training
program described by Subsection (a) or (b) of this section at least
once in each term the Director serves.
(d) The Board shall adopt rules regarding the completion of
the training program described by Subsection (a) or (b) of this
section by a person who is elected or appointed to and qualifies for
office as a Director before the effective date of this section. A
Director described by this subsection who does not comply with
Board rules is considered incompetent as to the performance of the
duties of a Director in any action to remove the Director from
office.
(e) A Director may not:
(1) accept or solicit a gift, favor, or service, the
value of which exceeds $25 per gift, favor, or service, that:
(A) might reasonably influence the Director in
the discharge of an official duty; or
(B) the Director knows or should know is being
offered with the intent to influence the Director's official
conduct;
(2) accept other employment or engage in a business or
professional activity that the Director might reasonably expect
would require or induce the Director to disclose confidential
information acquired by reason of the official position;
(3) accept other employment or compensation that could
reasonably be expected to impair the Director's independence of
judgment in the performance of the Director's official duties;
(4) make personal investments that could reasonably be
expected to create a substantial conflict between the Director's
private interest and the interest of the District;
(5) intentionally or knowingly solicit, accept, or
agree to accept any benefit for having exercised the Director's
official powers or performed the Director's official duties in
favor of another; or
(6) have a personal interest in an agreement executed
by the District.
(f) Not later than April 30 each year, a Director shall file
with the Bexar County clerk a verified financial statement
complying with Sections 572.022, 572.023, 572.024, and 572.0252,
Government Code. The District shall keep a copy of a financial
statement filed under this section in the main office of the
District.
Sec. 8C. (a) A Director may be recalled for:
(1) incompetency or official misconduct as defined by
Section 21.022, Local Government Code;
(2) conviction of a felony;
(3) incapacity;
(4) failure to file a financial statement as required
by Section 8B(f) of this Act;
(5) failure to complete a training program described
by Section 8B(a) or (b) of this Act; or
(6) failure to maintain residency in the District.
(b) If at least 10 percent of the voters in the District
submit a petition to the Board requesting the recall of a Director,
the Board, not later than the 10th day after the date the petition
is submitted, shall mail a written notice of the petition and the
date of its submission to each registered voter in the District.
(c) Not later than the 30th day after the date a petition
requesting the recall of a Director is submitted, the Board shall
order an election on the question of recalling the Director.
(d) A recall election under this section may be held on any
uniform election date.
(e) If a majority of the District voters voting at an
election held under this section favor the recall of the Director,
the Director is recalled and ceases to be a Director.
Sec. 10A. All Board reimbursements and expenditures must be
approved by the Board in a regularly scheduled meeting.
Sec. 10B. The Board may not select the same auditor to
conduct an audit required by Section 49.191, Water Code, for more
than three consecutive annual audits.
SECTION 2.04. (a) Section 8, Chapter 306, Acts of the 49th
Legislature, Regular Session, 1945, as amended by this Act, applies
only to a member of the board of directors of the Bexar Metropolitan
Water District who is elected to the board on or after the effective
date of this Act.
(b) Section 8A, Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945, as added by this Act, applies only to a
member of the board of directors of the Bexar Metropolitan Water
District who is elected to the board on or after the effective date
of this Act. A director who is elected before the effective date of
this Act is governed by the law in effect when the director was
elected, and the former law is continued in effect for that purpose.
(c) For two of the numbered single-member district
director's positions that expire in 2012, the district shall call
and hold an election on a uniform election date in that year to
elect the directors for those positions for terms that expire on the
uniform election date in November 2013. For the other two
director's positions that expire in 2012, the district shall call
and hold an election on the same uniform election date in that year
to elect the directors for those positions for terms that expire on
the uniform election date in November 2014. The district shall
determine by lot which single-member districts shall elect
directors to serve one-year terms and which shall elect directors
to serve two-year terms.
ARTICLE 3. CREATION OF THE ALAMO WATER DISTRICT IF VOTERS DISSOLVE
THE BEXAR METROPOLITAN WATER DISTRICT UNDER ARTICLE 1
SECTION 3.01. (a) The Bexar Metropolitan Water District is
dissolved. The district shall stay in effect to complete the
transfer under Section 3.05 of this article.
(b) The Texas Commission on Environmental Quality shall
enter an order dissolving the Bexar Metropolitan Water District.
SECTION 3.02. Sections 1 and 8, Chapter 306, Acts of the
49th Legislature, Regular Session, 1945, are amended to read as
follows:
Sec. 1. Under [In obedience to the provisions of] Article
16, Section 59 of the Constitution of Texas, there is [hereby]
created the Alamo Water District. [Bexar Metropolitan Water
District, hereinafter in this Act sometimes called the "District."]
Sec. 8. (a) [.] The seven [five (5)] members of the Board of
Directors are [shall hereafter be] elected to staggered two-year
terms in an election held on the uniform election date in November.
Directors are elected from numbered single-member districts
established by the Board. The Board shall revise each
single-member district after each decennial census to reflect
population changes and to conform with state law, the federal
Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.), and any
applicable court order [for a term of six (6) years each, provided
that an election for two (2) Directors for a term of six (6) years
shall be held on the first Tuesday in April, 1954; the terms of
three (3) members of the present Board shall be, and are, hereby,
extended to the first Tuesday in April, 1957; and the present
Directors shall determine such three (3) by lot. Three (3)
Directors shall be elected on the first Tuesday in April, 1957, and
two (2) Directors and three (3) Directors, alternately, shall be
elected each three (3) years thereafter on the first Tuesday in
April as the six-year terms expire]. At an election of Directors,
the candidate from each single-member district who receives [The
two (2) or three (3) persons, respectively, receiving] the greatest
number of votes is [shall be declared] elected to represent that
single-member district. Each Director shall hold office until his
successor is [shall have been] elected or appointed and has [shall
have] qualified.
(a-1) A person is not eligible to serve as a Director for
more than three terms or for more than a total of seven years of
service.[;]
(b) Such [such] elections shall be called, conducted and
canvassed in the manner provided by the Election Code. [Chapter 25,
General Laws of the Thirty-ninth Legislature, Regular Session,
1925, and any amendments thereto;]
(c) The [the] Board of Directors shall fill all vacancies on
the Board by appointment and such appointees shall hold office
until a successor elected at the next scheduled election date has
qualified. [for the unexpired term for which they were appointed;]
(d) Any four [any three] members of the Board are [shall
constitute] a quorum for the adoption or [of] passage of any
resolution or order or the transaction of any business of the
District.[;]
(e) A Director must [Directors succeeding the first Board,
whether now or hereafter elected, shall] be a qualified voter of the
single-member district from which the Director is elected [resident
electors of Bexar County, Texas, and owners of taxable property
within the area comprising said District, and shall organize in
like manner].
(f) A payment to a Director for fees of office under Section
49.060, Water Code, may not be made for a meeting that occurs in a
different fiscal year from the one in which the payment is made.
SECTION 3.03. Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945, is amended by adding Sections 1A, 8A, 8B, 8C,
10A, and 10B to read as follows:
Sec. 1A. In this Act:
(1) "Board" means the District's Board of Directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a Board member.
(4) "District" means the Alamo Water District.
Sec. 8A. (a) To be eligible to be a candidate for or to be
elected or appointed as a Director, a person must have:
(1) resided continuously in the single-member
district that the person seeks to represent for 12 months
immediately preceding the date of the regular filing deadline for
the candidate's application for a place on the ballot;
(2) viewed the open government training video provided
by the attorney general and provided to the Board a signed affidavit
stating that the candidate viewed the video;
(3) obtained 200 signatures from individuals living in
the District; and
(4) paid a filing fee of $250 or filed a petition in
lieu of the filing fee that satisfies the requirements prescribed
by Section 141.062, Election Code.
(b) In this subsection, "political contribution" and
"specific-purpose committee" have the meanings assigned by Section
251.001, Election Code. A Director or a candidate for the office of
Director may not knowingly accept political contributions from a
person that in the aggregate exceed $500 in connection with each
election in which the person is involved. For purposes of this
subsection, a contribution to a specific-purpose committee for the
purpose of supporting a candidate for the office of Director,
opposing the candidate's opponent, or assisting the candidate as an
officeholder is considered to be a contribution to the candidate.
Sec. 8B. (a) A person who is elected or appointed to and
qualifies for office as a Director may not vote, deliberate, or be
counted as a member in attendance at a meeting of the Board until
the person completes a training program on District management
issues. The training program must provide information to the
person regarding:
(1) the enabling legislation that created the
District;
(2) the operation of the District;
(3) the role and functions of the Board;
(4) the rules of the Board;
(5) the current budget for the Board;
(6) the results of the most recent formal audit of the
Board;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
Board or the Texas Ethics Commission.
(b) The Texas Commission on Environmental Quality may
create an advanced training program designed for a person who has
previously completed a training program described by Subsection (a)
of this section. If the commission creates an advanced training
program under this subsection, a person who completes that advanced
training program is considered to have met the person's obligation
under Subsection (a) of this section.
(c) Each Director who is elected or appointed shall complete
a training program described by Subsection (a) or (b) of this
section at least once in each term the Director serves.
(d) The Board shall adopt rules regarding the completion of
the training program described by Subsection (a) or (b) of this
section by a person who is elected or appointed to and qualifies for
office as a Director. A Director described by this subsection who
does not comply with Board rules is considered incompetent as to the
performance of the duties of a Director in any action to remove the
Director from office.
(e) A Director may not:
(1) accept or solicit a gift, favor, or service, the
value of which exceeds $25 per gift, favor, or service, that:
(A) might reasonably influence the Director in
the discharge of an official duty; or
(B) the Director knows or should know is being
offered with the intent to influence the Director's official
conduct;
(2) accept other employment or engage in a business or
professional activity that the Director might reasonably expect
would require or induce the Director to disclose confidential
information acquired by reason of the official position;
(3) accept other employment or compensation that could
reasonably be expected to impair the Director's independence of
judgment in the performance of the Director's official duties;
(4) make personal investments that could reasonably be
expected to create a substantial conflict between the Director's
private interest and the interest of the District;
(5) intentionally or knowingly solicit, accept, or
agree to accept any benefit for having exercised the Director's
official powers or performed the Director's official duties in
favor of another; or
(6) have a personal interest in an agreement executed
by the District.
(f) Not later than April 30 each year, a Director shall file
with the Bexar County clerk a verified financial statement
complying with Sections 572.022, 572.023, 572.024, and 572.0252,
Government Code. The District shall keep a copy of a financial
statement filed under this section in the main office of the
District.
Sec. 8C. (a) A Director may be recalled for:
(1) incompetency or official misconduct as defined by
Section 21.022, Local Government Code;
(2) conviction of a felony;
(3) incapacity;
(4) failure to file a financial statement as required
by Section 8B(f) of this Act;
(5) failure to complete a training program described
by Section 8B(a) or (b) of this Act; or
(6) failure to maintain residency in the District.
(b) If at least 10 percent of the voters in the District
submit a petition to the Board requesting the recall of a Director,
the Board, not later than the 10th day after the date the petition
is submitted, shall mail a written notice of the petition and the
date of its submission to each registered voter in the District.
(c) Not later than the 30th day after the date a petition
requesting the recall of a Director is submitted, the Board shall
order an election on the question of recalling the Director.
(d) A recall election under this section may be held on any
uniform election date.
(e) If a majority of the District voters voting at an
election held under this section favor the recall of the Director,
the Director is recalled and ceases to be a Director.
Sec. 10A. All Board reimbursements and expenditures must be
approved by the Board in a regularly scheduled meeting.
Sec. 10B. The Board may not select the same auditor to
conduct an audit required by Section 49.191, Water Code, for more
than three consecutive annual audits.
SECTION 3.04. Sections 7, 27A, 27D, 27F, 27G, and 33A,
Chapter 306, Acts of the 49th Legislature, Regular Session, 1945,
are repealed.
SECTION 3.05. Not later than one month after the effective
date of this article under Section 1.02 of this Act:
(1) all functions and activities performed
immediately before that date by the Bexar Metropolitan Water
District are transferred to the Alamo Water District;
(2) a rule, form, policy, procedure, or decision of
the Bexar Metropolitan Water District continues in effect as a
rule, form, policy, procedure, or decision of the Alamo Water
District and remains in effect until amended or replaced by the
Alamo Water District;
(3) a reference in law or administrative rule to the
Bexar Metropolitan Water District means the Alamo Water District;
(4) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the Bexar Metropolitan
Water District are transferred to the Alamo Water District;
(5) a court case, administrative proceeding, contract
negotiation, or other proceeding involving the Bexar Metropolitan
Water District is transferred without change in status to the Alamo
Water District, and the Alamo Water District assumes, without a
change in status, the position of the Bexar Metropolitan Water
District in a negotiation or proceeding relating to an activity
transferred by this article to the Alamo Water District to which the
Bexar Metropolitan Water District is a party; and
(6) an employee of the Bexar Metropolitan Water
District who earns less than $50,000 per year becomes an employee of
the Alamo Water District.
SECTION 3.06. (a) Not later than the transfer under Section
3.05 of this article, commissioners courts shall appoint the
initial board of the Alamo Water District as follows:
(1) three members appointed by the Commissioners Court
of Bexar County;
(2) two members appointed by the Commissioners Court
of Atascosa County;
(3) two members appointed by the Commissioners Court
of Medina County; and
(4) two members appointed by the Commissioners Court
of Comal County.
(b) The initial board serves until directors are elected as
provided by Section 8, Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945, as amended by this article, on the first
uniform election date in November following the date the district
is created that allows compliance with that section.
(c) The initial board may not include a person serving as a
director on the day before the effective date of this article.
(d) Sections 8B(a)(1), 8A(a)(3), 8A(a)(4), 8A(b), 8B(a),
8B(c), and 8B(f), Chapter 306, Acts of the 49th Legislature,
Regular Session, 1945, as added by this article, do not apply to an
initial director.
(e) The initial board shall draw seven single-member voting
districts in the district according to Section 8(a), Chapter 306,
Acts of the 49th Legislature, Regular Session, 1945, as amended by
this article.
SECTION 3.07. The first members of the board of directors of
the Alamo Water District elected under the changes in law made by
this article shall agree on, or draw lots to determine, which
member's term expires one year from the date the term began, and
which member's term expires two years from the date the term began.
SECTION 3.08. The boundaries of the Alamo Water District
are coterminous with the boundaries of the Bexar Metropolitan Water
District as they existed immediately before the effective date of
this article under Section 1.02 of this Act.
ARTICLE 4. EFFECTIVE DATE OF ACT
SECTION 4.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.