Texas 2015 - 84th Regular

Texas Senate Bill SB1616 Compare Versions

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11 84R12324 SLB-D
22 By: Lucio S.B. No. 1616
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the composition of the Texas Water Development Board.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 6.052, Water Code, is amended by
1010 amending Subsection (a) and adding Subsection (a-1) to read as
1111 follows:
1212 (a) The board is composed of five [three] members as
1313 follows:
1414 (1) one [who are appointed by the governor with the
1515 advice and consent of the senate. One] member who must have
1616 experience in the field of engineering;
1717 (2)[,] one member who must have experience in the field
1818 of public or private finance;
1919 (3)[, and] one member who must have experience in the
2020 field of law or business;
2121 (4) the commissioner of agriculture; and
2222 (5) the commissioner of the General Land Office.
2323 (a-1) Members described by Subsections (a)(1), (2), and (3)
2424 are appointed by the governor with the advice and consent of the
2525 senate. The commissioner of agriculture and the commissioner of
2626 the General Land Office serve ex officio and may not receive
2727 compensation for service on the board.
2828 SECTION 2. Section 6.053(a), Water Code, is amended to read
2929 as follows:
3030 (a) Appointed members [Members] of the board must be members
3131 of the general public.
3232 SECTION 3. Sections 6.054(a) and (d), Water Code, are
3333 amended to read as follows:
3434 (a) It is a ground for removal from the board of an appointed
3535 member that the [a] member:
3636 (1) does not have at the time of taking office the
3737 qualifications required for appointment to the board;
3838 (2) does not maintain during service on the board the
3939 qualifications required for appointment to the board;
4040 (3) is ineligible for membership under Sections 6.053,
4141 6.057, and 6.058;
4242 (4) cannot, because of illness or disability,
4343 discharge the member's duties for a substantial part of the member's
4444 term; or
4545 (5) is absent from more than half of the regularly
4646 scheduled board meetings that the member is eligible to attend
4747 during a calendar year without an excuse approved by a majority vote
4848 of the board.
4949 (d) The governor, with the advice and consent of the senate,
5050 may remove an appointed [a] board member from office as provided by
5151 Section 9, Article XV, Texas Constitution.
5252 SECTION 4. Section 6.056(a), Water Code, is amended to read
5353 as follows:
5454 (a) The appointed members of the board hold office for
5555 staggered terms of six years, with the term of one member expiring
5656 February 1 of each odd-numbered year. Each appointed member holds
5757 office until a successor is appointed and has qualified.
5858 SECTION 5. Section 6.057(b), Water Code, is amended to read
5959 as follows:
6060 (b) A person may not be an appointed [a] member of the board
6161 and may not be a board employee employed in a "bona fide executive,
6262 administrative, or professional capacity," as that phrase is used
6363 for purposes of establishing an exemption to the overtime
6464 provisions of the federal Fair Labor Standards Act of 1938 (29
6565 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
6666 (1) the person is an officer, employee, or paid
6767 consultant of a Texas trade association in the field of water
6868 planning or water financing; or
6969 (2) the person's spouse is an officer, employee, or
7070 paid consultant of a Texas trade association in the field of water
7171 planning or water financing.
7272 SECTION 6. Section 6.058, Water Code, is amended to read as
7373 follows:
7474 Sec. 6.058. LOBBYIST PROHIBITION. A person may not be an
7575 appointed [a] member of the board or act as the general counsel to
7676 the board if the person is required to register as a lobbyist under
7777 Chapter 305, Government Code, because of the person's activities
7878 for compensation on behalf of a profession related to the operation
7979 of the board.
8080 SECTION 7. Section 6.061, Water Code, is amended to read as
8181 follows:
8282 Sec. 6.061. FULL-TIME SERVICE. Each appointed member of the
8383 board shall serve on a full-time basis.
8484 SECTION 8. Sections 6.062(a) and (c), Water Code, are
8585 amended to read as follows:
8686 (a) A person who is appointed to and qualifies for office as
8787 a member of the board or serves as an ex officio member of the board
8888 may not vote, deliberate, or be counted as a member in attendance at
8989 a meeting of the board until the person completes a training program
9090 that complies with this section.
9191 (c) A person appointed to the board or who serves as an ex
9292 officio member of the board is entitled to reimbursement, as
9393 provided by the General Appropriations Act, for the travel expenses
9494 incurred in attending the training program regardless of whether
9595 the attendance at the program occurs before or after the person
9696 qualifies for office.
9797 SECTION 9. Section 20.012(a), Water Code, is amended to
9898 read as follows:
9999 (a) The authority is governed by a board of directors
100100 composed of the [six] directors of the development board.
101101 SECTION 10. This Act takes effect September 1, 2015.