1 | 1 | | 84R12324 SLB-D |
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2 | 2 | | By: Lucio S.B. No. 1616 |
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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 composition of the Texas Water Development Board. |
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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 6.052, Water Code, is amended by |
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10 | 10 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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11 | 11 | | follows: |
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12 | 12 | | (a) The board is composed of five [three] members as |
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13 | 13 | | follows: |
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14 | 14 | | (1) one [who are appointed by the governor with the |
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15 | 15 | | advice and consent of the senate. One] member who must have |
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16 | 16 | | experience in the field of engineering; |
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17 | 17 | | (2)[,] one member who must have experience in the field |
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18 | 18 | | of public or private finance; |
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19 | 19 | | (3)[, and] one member who must have experience in the |
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20 | 20 | | field of law or business; |
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21 | 21 | | (4) the commissioner of agriculture; and |
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22 | 22 | | (5) the commissioner of the General Land Office. |
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23 | 23 | | (a-1) Members described by Subsections (a)(1), (2), and (3) |
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24 | 24 | | are appointed by the governor with the advice and consent of the |
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25 | 25 | | senate. The commissioner of agriculture and the commissioner of |
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26 | 26 | | the General Land Office serve ex officio and may not receive |
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27 | 27 | | compensation for service on the board. |
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28 | 28 | | SECTION 2. Section 6.053(a), Water Code, is amended to read |
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29 | 29 | | as follows: |
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30 | 30 | | (a) Appointed members [Members] of the board must be members |
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31 | 31 | | of the general public. |
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32 | 32 | | SECTION 3. Sections 6.054(a) and (d), Water Code, are |
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33 | 33 | | amended to read as follows: |
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34 | 34 | | (a) It is a ground for removal from the board of an appointed |
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35 | 35 | | member that the [a] member: |
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36 | 36 | | (1) does not have at the time of taking office the |
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37 | 37 | | qualifications required for appointment to the board; |
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38 | 38 | | (2) does not maintain during service on the board the |
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39 | 39 | | qualifications required for appointment to the board; |
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40 | 40 | | (3) is ineligible for membership under Sections 6.053, |
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41 | 41 | | 6.057, and 6.058; |
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42 | 42 | | (4) cannot, because of illness or disability, |
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43 | 43 | | discharge the member's duties for a substantial part of the member's |
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44 | 44 | | term; or |
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45 | 45 | | (5) is absent from more than half of the regularly |
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46 | 46 | | scheduled board meetings that the member is eligible to attend |
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47 | 47 | | during a calendar year without an excuse approved by a majority vote |
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48 | 48 | | of the board. |
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49 | 49 | | (d) The governor, with the advice and consent of the senate, |
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50 | 50 | | may remove an appointed [a] board member from office as provided by |
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51 | 51 | | Section 9, Article XV, Texas Constitution. |
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52 | 52 | | SECTION 4. Section 6.056(a), Water Code, is amended to read |
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53 | 53 | | as follows: |
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54 | 54 | | (a) The appointed members of the board hold office for |
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55 | 55 | | staggered terms of six years, with the term of one member expiring |
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56 | 56 | | February 1 of each odd-numbered year. Each appointed member holds |
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57 | 57 | | office until a successor is appointed and has qualified. |
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58 | 58 | | SECTION 5. Section 6.057(b), Water Code, is amended to read |
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59 | 59 | | as follows: |
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60 | 60 | | (b) A person may not be an appointed [a] member of the board |
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61 | 61 | | and may not be a board employee employed in a "bona fide executive, |
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62 | 62 | | administrative, or professional capacity," as that phrase is used |
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63 | 63 | | for purposes of establishing an exemption to the overtime |
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64 | 64 | | provisions of the federal Fair Labor Standards Act of 1938 (29 |
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65 | 65 | | U.S.C. Section 201 et seq.), and its subsequent amendments, if: |
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66 | 66 | | (1) the person is an officer, employee, or paid |
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67 | 67 | | consultant of a Texas trade association in the field of water |
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68 | 68 | | planning or water financing; or |
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69 | 69 | | (2) the person's spouse is an officer, employee, or |
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70 | 70 | | paid consultant of a Texas trade association in the field of water |
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71 | 71 | | planning or water financing. |
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72 | 72 | | SECTION 6. Section 6.058, Water Code, is amended to read as |
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73 | 73 | | follows: |
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74 | 74 | | Sec. 6.058. LOBBYIST PROHIBITION. A person may not be an |
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75 | 75 | | appointed [a] member of the board or act as the general counsel to |
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76 | 76 | | the board if the person is required to register as a lobbyist under |
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77 | 77 | | Chapter 305, Government Code, because of the person's activities |
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78 | 78 | | for compensation on behalf of a profession related to the operation |
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79 | 79 | | of the board. |
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80 | 80 | | SECTION 7. Section 6.061, Water Code, is amended to read as |
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81 | 81 | | follows: |
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82 | 82 | | Sec. 6.061. FULL-TIME SERVICE. Each appointed member of the |
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83 | 83 | | board shall serve on a full-time basis. |
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84 | 84 | | SECTION 8. Sections 6.062(a) and (c), Water Code, are |
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85 | 85 | | amended to read as follows: |
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86 | 86 | | (a) A person who is appointed to and qualifies for office as |
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87 | 87 | | a member of the board or serves as an ex officio member of the board |
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88 | 88 | | may not vote, deliberate, or be counted as a member in attendance at |
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89 | 89 | | a meeting of the board until the person completes a training program |
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90 | 90 | | that complies with this section. |
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91 | 91 | | (c) A person appointed to the board or who serves as an ex |
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92 | 92 | | officio member of the board is entitled to reimbursement, as |
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93 | 93 | | provided by the General Appropriations Act, for the travel expenses |
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94 | 94 | | incurred in attending the training program regardless of whether |
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95 | 95 | | the attendance at the program occurs before or after the person |
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96 | 96 | | qualifies for office. |
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97 | 97 | | SECTION 9. Section 20.012(a), Water Code, is amended to |
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98 | 98 | | read as follows: |
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99 | 99 | | (a) The authority is governed by a board of directors |
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100 | 100 | | composed of the [six] directors of the development board. |
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101 | 101 | | SECTION 10. This Act takes effect September 1, 2015. |
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