84R12324 SLB-D
By: Lucio S.B. No. 1616
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the Texas Water Development Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.052, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board is composed of five [three] members as
follows:
(1) one [who are appointed by the governor with the
advice and consent of the senate. One] member who must have
experience in the field of engineering;
(2)[,] one member who must have experience in the field
of public or private finance;
(3)[, and] one member who must have experience in the
field of law or business;
(4) the commissioner of agriculture; and
(5) the commissioner of the General Land Office.
(a-1) Members described by Subsections (a)(1), (2), and (3)
are appointed by the governor with the advice and consent of the
senate. The commissioner of agriculture and the commissioner of
the General Land Office serve ex officio and may not receive
compensation for service on the board.
SECTION 2. Section 6.053(a), Water Code, is amended to read
as follows:
(a) Appointed members [Members] of the board must be members
of the general public.
SECTION 3. Sections 6.054(a) and (d), Water Code, are
amended to read as follows:
(a) It is a ground for removal from the board of an appointed
member that the [a] member:
(1) does not have at the time of taking office the
qualifications required for appointment to the board;
(2) does not maintain during service on the board the
qualifications required for appointment to the board;
(3) is ineligible for membership under Sections 6.053,
6.057, and 6.058;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(d) The governor, with the advice and consent of the senate,
may remove an appointed [a] board member from office as provided by
Section 9, Article XV, Texas Constitution.
SECTION 4. Section 6.056(a), Water Code, is amended to read
as follows:
(a) The appointed members of the board hold office for
staggered terms of six years, with the term of one member expiring
February 1 of each odd-numbered year. Each appointed member holds
office until a successor is appointed and has qualified.
SECTION 5. Section 6.057(b), Water Code, is amended to read
as follows:
(b) A person may not be an appointed [a] member of the board
and may not be a board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of water
planning or water financing; or
(2) the person's spouse is an officer, employee, or
paid consultant of a Texas trade association in the field of water
planning or water financing.
SECTION 6. Section 6.058, Water Code, is amended to read as
follows:
Sec. 6.058. LOBBYIST PROHIBITION. A person may not be an
appointed [a] member of the board or act as the general counsel to
the board if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the board.
SECTION 7. Section 6.061, Water Code, is amended to read as
follows:
Sec. 6.061. FULL-TIME SERVICE. Each appointed member of the
board shall serve on a full-time basis.
SECTION 8. Sections 6.062(a) and (c), Water Code, are
amended to read as follows:
(a) A person who is appointed to and qualifies for office as
a member of the board or serves as an ex officio member of the board
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
that complies with this section.
(c) A person appointed to the board or who serves as an ex
officio member of the board is entitled to reimbursement, as
provided by the General Appropriations Act, for the travel expenses
incurred in attending the training program regardless of whether
the attendance at the program occurs before or after the person
qualifies for office.
SECTION 9. Section 20.012(a), Water Code, is amended to
read as follows:
(a) The authority is governed by a board of directors
composed of the [six] directors of the development board.
SECTION 10. This Act takes effect September 1, 2015.