Texas 2017 - 85th Regular

Texas House Bill HB1921 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Flynn (Senate Sponsor - Nichols) H.B. No. 1921
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 11, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 16, 2017, reported
5		-	favorably by the following vote: Yeas 7, Nays 0; May 16, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1921
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the functions and territory of the Upper Colorado River
13	6		Authority, following the recommendations of the Sunset Advisory
14	7		Commission.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 8506.003, Special District Local Laws
17	10		Code, is amended to read as follows:
18	11		Sec. 8506.003. TERRITORY. Unless modified under
19	12		Subchapter J, Chapter 49, Water Code, or other law, the authority's
20	13		territory consists of that part of this state included in the
21	14		boundaries of Coke, Concho, Crockett, Glasscock, Irion, Menard,
22	15		Mitchell, Nolan, Reagan, Runnels, Schleicher, Sterling, Taylor,
23	16		and Tom Green Counties.
24	17		SECTION 2. Subchapter A, Chapter 8506, Special District
25	18		Local Laws Code, is amended by adding Section 8506.0021 to read as
26	19		follows:
27	20		Sec. 8506.0021. APPLICATION OF SUNSET ACT. (a) The
28	21		authority is subject to review under Chapter 325, Government Code
29	22		(Texas Sunset Act), but may not be abolished under that chapter.
30	23		The review shall be conducted under Section 325.025, Government
31	24		Code, as if the authority were a state agency scheduled to be
32	25		abolished September 1, 2029, and every 12th year after that year.
33	26		(b) The authority shall pay the cost incurred by the Sunset
34	27		Advisory Commission in performing the review. The Sunset Advisory
35	28		Commission shall determine the cost, and the authority shall pay
36	29		the amount promptly on receipt of a statement from the Sunset
37	30		Advisory Commission detailing the cost.
38	31		SECTION 3. Section 8506.051, Special District Local Laws
39	32		Code, is amended by amending Subsection (c) and adding Subsection
40	33		(d) to read as follows:
41	34		(c) Each director must be a resident of a county located in
42	35		the authority's territory. The governor shall attempt to achieve
43	36		geographic representation throughout [Three directors must be
44	37		residents of Tom Green County, three directors must be residents of
45	38		Coke County, and three directors must be residents of counties
46	39		contiguous to the authority or a county any part of which is within
47	40		25 miles of] the authority in the appointment of directors.
48	41		(d) The governor shall designate a member of the board as
49	42		the presiding officer of the board to serve in that capacity at the
50	43		pleasure of the governor.
51	44		SECTION 4. Section 8506.056(a), Special District Local Laws
52	45		Code, is amended to read as follows:
53	46		(a) The board shall select a secretary[, a presiding
54	47		officer,] and a treasurer. The treasurer may also hold the office
55	48		of secretary.
56	49		SECTION 5. Subchapter B, Chapter 8506, Special District
57	50		Local Laws Code, is amended by adding Sections 8506.060, 8506.061,
58	51		8506.062, and 8506.063 to read as follows:
59	52		Sec. 8506.060. DIRECTOR TRAINING PROGRAM. (a) A person who
60	53		is appointed to and qualifies for office as a director may not vote,
61	54		deliberate, or be counted as a director in attendance at a meeting
62	55		of the board until the person completes a training program that
63	56		complies with this section.
64	57		(b) The training program must provide the person with
65	58		information regarding:
66	59		(1) the law governing authority operations;
67	60		(2) the programs, functions, rules, and budget of the
68	61		authority;
69	62		(3) the scope of and limitations on the rulemaking
70	63		authority of the authority;
71	64		(4) the results of the most recent formal audit of the
72	65		authority;
73	66		(5) the requirements of:
74	67		(A) laws relating to open meetings, public
75	68		information, administrative procedure, and disclosing conflicts of
76	69		interest; and
77	70		(B) other laws applicable to directors of a river
78	71		authority in performing their duties; and
79	72		(6) any applicable ethics policies adopted by the
80	73		authority or the Texas Ethics Commission.
81	74		(c) A person appointed to the board is entitled to
82	75		reimbursement by the authority for travel expenses incurred in
83	76		attending the training program regardless of whether attendance at
84	77		the program occurs before or after the person qualifies for office.
85	78		(d) The board shall create a training manual that includes
86	79		the information required by Subsection (b). The board shall
87	80		distribute a copy of the training manual annually to each director.
88	81		On receipt of the training manual, each director shall sign and
89	82		submit to the board a statement acknowledging receipt of the
90	83		training manual.
91	84		Sec. 8506.061. SEPARATION OF POLICYMAKING AND MANAGEMENT
92	85		FUNCTIONS. The board shall develop and implement policies that
93	86		clearly separate the policymaking responsibilities of the board and
94	87		the management responsibilities of the general manager and staff of
95	88		the authority.
96	89		Sec. 8506.062. NEGOTIATED RULEMAKING AND ALTERNATIVE
97	90		DISPUTE RESOLUTION. (a) The board shall develop a policy to
98	91		encourage the use of:
99	92		(1) negotiated rulemaking procedures under Chapter
100	93		2008, Government Code, for the adoption of authority rules; and
101	94		(2) appropriate alternative dispute resolution
102	95		procedures under Chapter 2009, Government Code, to assist in the
103	96		resolution of internal and external disputes under the authority's
104	97		jurisdiction.
105	98		(b) The authority's procedures relating to alternative
106	99		dispute resolution must conform, to the extent possible, to any
107	100		model guidelines issued by the State Office of Administrative
108	101		Hearings for the use of alternative dispute resolution by state
109	102		agencies.
110	103		(c) The authority shall:
111	104		(1) coordinate the implementation of the policy
112	105		adopted under Subsection (a);
113	106		(2) provide training as needed to implement the
114	107		procedures for negotiated rulemaking or alternative dispute
115	108		resolution; and
116	109		(3) collect data concerning the effectiveness of those
117	110		procedures.
118	111		Sec. 8506.063. PUBLIC COMMENT POLICY. The board shall
119	112		develop and implement policies that provide the public with a
120	113		reasonable opportunity to appear before the board and to speak on
121	114		any agenda item at board meetings.
122	115		SECTION 6. Subchapter C, Chapter 8506, Special District
123	116		Local Laws Code, is amended by adding Section 8506.116 to read as
124	117		follows:
125	118		Sec. 8506.116. COMPLAINTS. (a) The authority shall
126	119		maintain a system to promptly and efficiently act on complaints
127	120		filed with the authority. The authority shall maintain information
128	121		about parties to the complaint, the subject matter of the
129	122		complaint, a summary of the results of the review or investigation
130	123		of the complaint, and its disposition.
131	124		(b) The authority shall make information available
132	125		describing its procedures for complaint investigation and
133	126		resolution.
134	127		(c) The authority shall periodically notify the complaint
135	128		parties of the status of the complaint until final disposition.
136	129		SECTION 7. Section 1A, Chapter 126, General Laws, Acts of
137	130		the 44th Legislature, Regular Session, 1935, is repealed.
138	131		SECTION 8. (a) Notwithstanding Section 8506.060(a),
139	132		Special District Local Laws Code, as added by this Act, a person
140	133		serving on the board of directors of the Upper Colorado River
141	134		Authority may vote, deliberate, and be counted as a director in
142	135		attendance at a meeting of the board until December 1, 2017.
143	136		(b) This section expires January 1, 2018.
144	137		SECTION 9. (a) The legal notice of the intention to
145	138		introduce this Act, setting forth the general substance of this
146	139		Act, has been published as provided by law, and the notice and a
147	140		copy of this Act have been furnished to all persons, agencies,
148	141		officials, or entities to which they are required to be furnished
149	142		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
150	143		Government Code.
151	144		(b) The governor, one of the required recipients, has
152	145		submitted the notice and Act to the Texas Commission on
153	146		Environmental Quality.
154	147		(c) The Texas Commission on Environmental Quality has filed
155	148		its recommendations relating to this Act with the governor, the
156	149		lieutenant governor, and the speaker of the house of
157	150		representatives within the required time.
158	151		(d) All requirements of the constitution and laws of this
159	152		state and the rules and procedures of the legislature with respect
160	153		to the notice, introduction, and passage of this Act are fulfilled
161	154		and accomplished.
162	155		SECTION 10. This Act takes effect September 1, 2017.
163		-	* * * * *
	156	+	______________________________ ______________________________
	157	+	President of the Senate Speaker of the House
	158	+	I certify that H.B. No. 1921 was passed by the House on April
	159	+	27, 2017, by the following vote: Yeas 142, Nays 2, 3 present, not
	160	+	voting.
	161	+	______________________________
	162	+	Chief Clerk of the House
	163	+	I certify that H.B. No. 1921 was passed by the Senate on May
	164	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	165	+	______________________________
	166	+	Secretary of the Senate
	167	+	APPROVED: _____________________
	168	+	Date
	169	+	_____________________
	170	+	Governor