Texas 2011 - 82nd Regular

Texas Senate Bill SB271 Compare Versions

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1	1	By: Uresti S.B. No. 271
2	2	(Menendez, Larson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the board of directors of the Bexar Metropolitan Water
8	8	District.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 1 and 8, Chapter 306, Acts of the 49th
11	11	Legislature, Regular Session, 1945, are amended to read as follows:
12	12	Sec. 1. In obedience to the provisions of Article 16,
13	13	Section 59 of the Constitution of Texas, there is hereby created
14	14	Bexar Metropolitan Water District.[, hereinafter in this Act
15	15	sometimes called the "District."]
16	16	Sec. 8. (a) [.] The seven [five (5)] members of the Board
17	17	of Directors are [shall hereafter be] elected to staggered two-year
18	18	terms in an election held on the uniform election date in November.
19	19	Directors are elected from numbered single-member districts
20	20	established by the Board. The Board shall revise each
21	21	single-member district after each decennial census to reflect
22	22	population changes and to conform with state law, the federal
23	23	Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.), and any
24	24	applicable court order [for a term of six (6) years each, provided
25	25	that an election for two (2) Directors for a term of six (6) years
26	26	shall be held on the first Tuesday in April, 1954; the terms of
27	27	three (3) members of the present Board shall be, and are, hereby,
28	28	extended to the first Tuesday in April, 1957; and the present
29	29	Directors shall determine such three (3) by lot. Three (3)
30	30	Directors shall be elected on the first Tuesday in April, 1957, and
31	31	two (2) Directors and three (3) Directors, alternately, shall be
32	32	elected each three (3) years thereafter on the first Tuesday in
33	33	April as the six-year terms expire]. At an election of Directors,
34	34	the candidate from each single-member district who receives [The
35	35	two (2) or three (3) persons, respectively, receiving] the greatest
36	36	number of votes is [shall be declared] elected to represent that
37	37	single-member district. Each Director shall hold office until his
38	38	successor is [shall have been] elected or appointed and has [shall
39	39	have] qualified.
40	40	(a-1) A person is not eligible to serve as a Director for
41	41	more than three terms or for more than a total of seven years of
42	42	service.[;]
43	43	(b) Such [such] elections shall be called, conducted and
44	44	canvassed in the manner provided by the Election Code. [Chapter 25,
45	45	General Laws of the Thirty-ninth Legislature, Regular Session,
46	46	1925, and any amendments thereto;]
47	47	(c) The [the] Board of Directors shall fill all vacancies on
48	48	the Board by appointment and such appointees shall hold office
49	49	until a successor elected at the next scheduled election date has
50	50	qualified. [for the unexpired term for which they were appointed;]
51	51	(d) Any four [any three] members of the Board are [shall
52	52	constitute] a quorum for the adoption or [of] passage of any
53	53	resolution or order or the transaction of any business of the
54	54	District.[;]
55	55	(e) A Director must [Directors succeeding the first Board,
56	56	whether now or hereafter elected, shall] be a qualified voter of the
57	57	single-member district from which the Director is elected [resident
58	58	electors of Bexar County, Texas, and owners of taxable property
59	59	within the area comprising said District, and shall organize in
60	60	like manner].
61	61	(f) A payment to a Director for fees of office under Section
62	62	49.060, Water Code, may not be made for a meeting that occurs in a
63	63	different fiscal year from the one in which the payment is made.
64	64	SECTION 2. Section 33A, Chapter 306, Acts of the 49th
65	65	Legislature, Regular Session, 1945, is amended by amending
66	66	Subsection (c) and adding Subsection (g) to read as follows:
67	67	(c) The oversight committee is comprised of seven [5]
68	68	members appointed as follows [to represent the following members]:
69	69	(1) two Senators who represent Senate districts that
70	70	include territory within the Bexar Metropolitan Water District,
71	71	[the Senator sponsor of this Act, or, in the event this Senator
72	72	cannot serve, a Senator] appointed by the Lieutenant Governor;
73	73	(2) two Representatives who represent [the] House
74	74	districts that include territory within the District, [author of
75	75	this Act, or, in the event this Representative cannot serve, a
76	76	Representative] appointed by the Speaker of the Texas House of
77	77	Representatives;
78	78	(3) one member with special expertise in the operation
79	79	of public water utilities appointed by the Governor;
80	80	(4) one member appointed by the Governor to represent
81	81	the public; and
82	82	(5) one [a] member of the Bexar County Commissioners
83	83	Court who represents a precinct in which customers of the District
84	84	reside.
85	85	(g) On or before December 31, 2012, the oversight committee
86	86	shall provide a report under Subsection (e) of this section to the
87	87	legislature. The committee is abolished and this section expires
88	88	January 1, 2013.
89	89	SECTION 3. Chapter 306, Acts of the 49th Legislature,
90	90	Regular Session, 1945, is amended by adding Sections 1A, 8A, 8B, 8C,
91	91	10A, and 10B to read as follows:
92	92	Sec. 1A. In this Act:
93	93	(1) "Board" means the District's Board of Directors.
94	94	(2) "Commission" means the Texas Commission on
95	95	Environmental Quality.
96	96	(3) "Director" means a Board member.
97	97	(4) "District" means the Bexar Metropolitan Water
98	98	District.
99	99	Sec. 8A. (a) To be eligible to be a candidate for or to be
100	100	elected or appointed as a Director, a person must have:
101	101	(1) resided continuously in the single-member
102	102	district that the person seeks to represent for 12 months
103	103	immediately preceding the date of the regular filing deadline for
104	104	the candidate's application for a place on the ballot;
105	105	(2) viewed the open government training video provided
106	106	by the attorney general and provided to the Board a signed affidavit
107	107	stating that the candidate viewed the video;
108	108	(3) obtained 200 signatures from individuals living in
109	109	the District; and
110	110	(4) paid a filing fee of $250 or filed a petition in
111	111	lieu of the filing fee that satisfies the requirements prescribed
112	112	by Section 141.062, Election Code.
113	113	(b) In this subsection, "political contribution" and
114	114	"specific-purpose committee" have the meanings assigned by Section
115	115	251.001, Election Code. A Director or a candidate for the office of
116	116	Director may not knowingly accept political contributions from a
117	117	person that in the aggregate exceed $500 in connection with each
118	118	election in which the person is involved. For purposes of this
119	119	subsection, a contribution to a specific-purpose committee for the
120	120	purpose of supporting a candidate for the office of Director,
121	121	opposing the candidate's opponent, or assisting the candidate as an
122	122	officeholder is considered to be a contribution to the candidate.
123	123	Sec. 8B. (a) A person who is elected or appointed to and
124	124	qualifies for office as a Director on or after the effective date of
125	125	this section may not vote, deliberate, or be counted as a member in
126	126	attendance at a meeting of the Board until the person completes a
127	127	training program on District management issues. The training
128	128	program must provide information to the person regarding:
129	129	(1) the enabling legislation that created the
130	130	District;
131	131	(2) the operation of the District;
132	132	(3) the role and functions of the Board;
133	133	(4) the rules of the Board;
134	134	(5) the current budget for the Board;
135	135	(6) the results of the most recent formal audit of the
136	136	Board;
137	137	(7) the requirements of the:
138	138	(A) open meetings law, Chapter 551, Government
139	139	Code;
140	140	(B) public information law, Chapter 552,
141	141	Government Code; and
142	142	(C) administrative procedure law, Chapter 2001,
143	143	Government Code;
144	144	(8) the requirements of the conflict of interest laws
145	145	and other laws relating to public officials; and
146	146	(9) any applicable ethics policies adopted by the
147	147	Board or the Texas Ethics Commission.
148	148	(b) The Texas Commission on Environmental Quality may
149	149	create an advanced training program designed for a person who has
150	150	previously completed a training program described by Subsection (a)
151	151	of this section. If the commission creates an advanced training
152	152	program under this subsection, a person who completes that advanced
153	153	training program is considered to have met the person's obligation
154	154	under Subsection (a) of this section.
155	155	(c) Each Director who is elected or appointed on or after
156	156	the effective date of this section shall complete a training
157	157	program described by Subsection (a) or (b) of this section at least
158	158	once in each term the Director serves.
159	159	(d) The Board shall adopt rules regarding the completion of
160	160	the training program described by Subsection (a) or (b) of this
161	161	section by a person who is elected or appointed to and qualifies for
162	162	office as a Director before the effective date of this section. A
163	163	Director described by this subsection who does not comply with
164	164	Board rules shall be considered incompetent as to the performance
165	165	of the duties of a Director in any action to remove the Director
166	166	from office.
167	167	(e) A Director may not:
168	168	(1) accept or solicit a gift, favor, or service, the
169	169	value of which exceeds $50 per gift, favor, or service, that:
170	170	(A) might reasonably influence the Director in
171	171	the discharge of an official duty; or
172	172	(B) the Director knows or should know is being
173	173	offered with the intent to influence the Director's official
174	174	conduct;
175	175	(2) accept other employment or engage in a business or
176	176	professional activity that the Director might reasonably expect
177	177	would require or induce the Director to disclose confidential
178	178	information acquired by reason of the official position;
179	179	(3) accept other employment or compensation that could
180	180	reasonably be expected to impair the Director's independence of
181	181	judgment in the performance of the Director's official duties;
182	182	(4) make personal investments that could reasonably be
183	183	expected to create a substantial conflict between the Director's
184	184	private interest and the interest of the District;
185	185	(5) intentionally or knowingly solicit, accept, or
186	186	agree to accept any benefit for having exercised the Director's
187	187	official powers or performed the Director's official duties in
188	188	favor of another; or
189	189	(6) have a personal interest in an agreement executed
190	190	by the District.
191	191	(f) Not later than April 30 each year, a Director shall file
192	192	with the Bexar County clerk a verified financial statement
193	193	complying with Sections 572.022, 572.023, 572.024, and 572.0252,
194	194	Government Code. The District shall keep a copy of a financial
195	195	statement filed under this section in the main office of the
196	196	District.
197	197	Sec. 8C. (a) A Director may be recalled for:
198	198	(1) incompetency or official misconduct as described
199	199	by Section 21.022, Local Government Code;
200	200	(2) conviction of a felony;
201	201	(3) incapacity;
202	202	(4) failure to file a financial statement as required
203	203	by Section 8B(f) of this Act;
204	204	(5) failure to complete a training program described
205	205	by Section 8B(a) or (b) of this Act; or
206	206	(6) failure to maintain residency in the District.
207	207	(b) If at least 10 percent of the registered voters in a
208	208	single-member voting district of the District submit a petition to
209	209	the Board requesting the recall of the Director who serves that
210	210	single-member voting district, the Board, not later than the 10th
211	211	day after the date the petition is submitted, shall mail a written
212	212	notice of the petition and the date of its submission to each
213	213	registered voter in the single-member voting district.
214	214	(c) Not later than the 30th day after the date a petition
215	215	requesting the recall of a Director is submitted, the Board shall
216	216	order an election on the question of recalling the Director.
217	217	(d) A recall election under this section may be held on any
218	218	uniform election date.
219	219	(e) If a majority of the voters of a single-member voting
220	220	district voting at an election held under this section favor the
221	221	recall of the Director who serves that single-member voting
222	222	district, the Director is recalled and ceases to be a Director.
223	223	Sec. 10A. All Board reimbursements and expenditures must be
224	224	approved by the Board in a regularly scheduled meeting.
225	225	Sec. 10B. The Board may not select the same auditor to
226	226	conduct an audit required by Section 49.191, Water Code, for more
227	227	than three consecutive annual audits.
228	228	SECTION 4. (a) Section 8, Chapter 306, Acts of the 49th
229	229	Legislature, Regular Session, 1945, as amended by this Act, applies
230	230	only to a member of the board of directors of the Bexar Metropolitan
231	231	Water District who is elected to the board on or after the effective
232	232	date of this Act.
233	233	(b) Section 8A, Chapter 306, Acts of the 49th Legislature,
234	234	Regular Session, 1945, as added by this Act, applies only to a
235	235	member of the board of directors of the Bexar Metropolitan Water
236	236	District who is elected to the board on or after the effective date
237	237	of this Act. A director who is elected before the effective date of
238	238	this Act is governed by the law in effect when the director was
239	239	elected, and the former law is continued in effect for that purpose.
240	240	(c) For two of the numbered single-member district
241	241	director's positions that expire in 2012, the Bexar Metropolitan
242	242	Water District shall call and hold an election on a uniform election
243	243	date in that year to elect the directors for those positions for
244	244	terms that expire on the uniform election date in November 2013.
245	245	For the other two director's positions that expire in 2012, the
246	246	district shall call and hold an election on the same uniform
247	247	election date in that year to elect the directors for those
248	248	positions for terms that expire on the uniform election date in
249	249	November 2014. The district shall determine by lot which
250	250	single-member districts shall elect directors to serve one-year
251	251	terms and which shall elect directors to serve two-year terms.
252	252	SECTION 5. (a) The legal notice of the intention to
253	253	introduce this Act, setting forth the general substance of this
254	254	Act, has been published as provided by law, and the notice and a
255	255	copy of this Act have been furnished to all persons, agencies,
256	256	officials, or entities to which they are required to be furnished
257	257	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
258	258	Government Code.
259	259	(b) The governor, one of the required recipients, has
260	260	submitted the notice and Act to the Texas Commission on
261	261	Environmental Quality.
262	262	(c) The Texas Commission on Environmental Quality has filed
263	263	its recommendations relating to this Act with the governor, the
264	264	lieutenant governor, and the speaker of the house of
265	265	representatives within the required time.
266	266	(d) All requirements of the constitution and laws of this
267	267	state and the rules and procedures of the legislature with respect
268	268	to the notice, introduction, and passage of this Act are fulfilled
269	269	and accomplished.
270	270	SECTION 6. This Act takes effect immediately if it receives
271	271	a vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution. If this
273	273	Act does not receive the vote necessary for immediate effect, this
274	274	Act takes effect September 1, 2011.