Texas 2017 - 85th Regular

Texas Senate Bill SB307 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7353 GRM-D
2	2	By: Nichols, Taylor of Collin S.B. No. 307
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the functions and territory of the Upper Colorado River
8	8	Authority, following the recommendations of the Sunset Advisory
9	9	Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 8506.003, Special District Local Laws
12	12	Code, is amended to read as follows:
13	13	Sec. 8506.003. TERRITORY. Unless modified under
14	14	Subchapter J, Chapter 49, Water Code, or other law, the authority's
15	15	territory consists of that part of this state included in the
16	16	boundaries of Coke, Concho, Crockett, Glasscock, Irion, Menard,
17	17	Mitchell, Nolan, Reagan, Runnels, Schleicher, Sterling, Taylor,
18	18	and Tom Green Counties.
19	19	SECTION 2. Subchapter A, Chapter 8506, Special District
20	20	Local Laws Code, is amended by adding Section 8506.0021 to read as
21	21	follows:
22	22	Sec. 8506.0021. APPLICATION OF SUNSET ACT. (a) The
23	23	authority is subject to review under Chapter 325, Government Code
24	24	(Texas Sunset Act), but may not be abolished under that chapter.
25	25	The review shall be conducted under Section 325.025, Government
26	26	Code, as if the authority were a state agency scheduled to be
27	27	abolished September 1, 2029, and every 12th year after that year.
28	28	(b) The authority shall pay the cost incurred by the Sunset
29	29	Advisory Commission in performing the review. The Sunset Advisory
30	30	Commission shall determine the cost, and the authority shall pay
31	31	the amount promptly on receipt of a statement from the Sunset
32	32	Advisory Commission detailing the cost.
33	33	SECTION 3. Section 8506.051, Special District Local Laws
34	34	Code, is amended by amending Subsection (c) and adding Subsection
35	35	(d) to read as follows:
36	36	(c) Each director must be a resident of a county located in
37	37	the authority's territory. The governor shall attempt to achieve
38	38	geographic representation throughout [Three directors must be
39	39	residents of Tom Green County, three directors must be residents of
40	40	Coke County, and three directors must be residents of counties
41	41	contiguous to the authority or a county any part of which is within
42	42	25 miles of] the authority in the appointment of directors.
43	43	(d) The governor shall designate a member of the board as
44	44	the presiding officer of the board to serve in that capacity at the
45	45	pleasure of the governor.
46	46	SECTION 4. Section 8506.056(a), Special District Local Laws
47	47	Code, is amended to read as follows:
48	48	(a) The board shall select a secretary[, a presiding
49	49	officer,] and a treasurer. The treasurer may also hold the office
50	50	of secretary.
51	51	SECTION 5. Subchapter B, Chapter 8506, Special District
52	52	Local Laws Code, is amended by adding Sections 8506.060, 8506.061,
53	53	8506.062, and 8506.063 to read as follows:
54	54	Sec. 8506.060. DIRECTOR TRAINING PROGRAM. (a) A person who
55	55	is appointed to and qualifies for office as a director may not vote,
56	56	deliberate, or be counted as a director in attendance at a meeting
57	57	of the board until the person completes a training program that
58	58	complies with this section.
59	59	(b) The training program must provide the person with
60	60	information regarding:
61	61	(1) the law governing authority operations;
62	62	(2) the programs, functions, rules, and budget of the
63	63	authority;
64	64	(3) the scope of and limitations on the rulemaking
65	65	authority of the authority;
66	66	(4) the results of the most recent formal audit of the
67	67	authority;
68	68	(5) the requirements of:
69	69	(A) laws relating to open meetings, public
70	70	information, administrative procedure, and disclosing conflicts of
71	71	interest; and
72	72	(B) other laws applicable to directors of a river
73	73	authority in performing their duties; and
74	74	(6) any applicable ethics policies adopted by the
75	75	authority or the Texas Ethics Commission.
76	76	(c) A person appointed to the board is entitled to
77	77	reimbursement by the authority for travel expenses incurred in
78	78	attending the training program regardless of whether attendance at
79	79	the program occurs before or after the person qualifies for office.
80	80	(d) The board shall create a training manual that includes
81	81	the information required by Subsection (b). The board shall
82	82	distribute a copy of the training manual annually to each director.
83	83	On receipt of the training manual, each director shall sign and
84	84	submit to the board a statement acknowledging receipt of the
85	85	training manual.
86	86	Sec. 8506.061. SEPARATION OF POLICYMAKING AND MANAGEMENT
87	87	FUNCTIONS. The board shall develop and implement policies that
88	88	clearly separate the policymaking responsibilities of the board and
89	89	the management responsibilities of the general manager and staff of
90	90	the authority.
91	91	Sec. 8506.062. NEGOTIATED RULEMAKING AND ALTERNATIVE
92	92	DISPUTE RESOLUTION. (a) The board shall develop a policy to
93	93	encourage the use of:
94	94	(1) negotiated rulemaking procedures under Chapter
95	95	2008, Government Code, for the adoption of authority rules; and
96	96	(2) appropriate alternative dispute resolution
97	97	procedures under Chapter 2009, Government Code, to assist in the
98	98	resolution of internal and external disputes under the authority's
99	99	jurisdiction.
100	100	(b) The authority's procedures relating to alternative
101	101	dispute resolution must conform, to the extent possible, to any
102	102	model guidelines issued by the State Office of Administrative
103	103	Hearings for the use of alternative dispute resolution by state
104	104	agencies.
105	105	(c) The authority shall:
106	106	(1) coordinate the implementation of the policy
107	107	adopted under Subsection (a);
108	108	(2) provide training as needed to implement the
109	109	procedures for negotiated rulemaking or alternative dispute
110	110	resolution; and
111	111	(3) collect data concerning the effectiveness of those
112	112	procedures.
113	113	Sec. 8506.063. PUBLIC COMMENT POLICY. The board shall
114	114	develop and implement policies that provide the public with a
115	115	reasonable opportunity to appear before the board and to speak on
116	116	any agenda item at board meetings.
117	117	SECTION 6. Subchapter C, Chapter 8506, Special District
118	118	Local Laws Code, is amended by adding Section 8506.116 to read as
119	119	follows:
120	120	Sec. 8506.116. COMPLAINTS. (a) The authority shall
121	121	maintain a system to promptly and efficiently act on complaints
122	122	filed with the authority. The authority shall maintain information
123	123	about parties to the complaint, the subject matter of the
124	124	complaint, a summary of the results of the review or investigation
125	125	of the complaint, and its disposition.
126	126	(b) The authority shall make information available
127	127	describing its procedures for complaint investigation and
128	128	resolution.
129	129	(c) The authority shall periodically notify the complaint
130	130	parties of the status of the complaint until final disposition.
131	131	SECTION 7. Section 1A, Chapter 126, General Laws, Acts of
132	132	the 44th Legislature, Regular Session, 1935, is repealed.
133	133	SECTION 8. (a) Notwithstanding Section 8506.060(a),
134	134	Special District Local Laws Code, as added by this Act, a person
135	135	serving on the board of directors of the Upper Colorado River
136	136	Authority may vote, deliberate, and be counted as a director in
137	137	attendance at a meeting of the board until December 1, 2017.
138	138	(b) This section expires January 1, 2018.
139	139	SECTION 9. (a) The legal notice of the intention to
140	140	introduce this Act, setting forth the general substance of this
141	141	Act, has been published as provided by law, and the notice and a
142	142	copy of this Act have been furnished to all persons, agencies,
143	143	officials, or entities to which they are required to be furnished
144	144	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
145	145	Government Code.
146	146	(b) The governor, one of the required recipients, has
147	147	submitted the notice and Act to the Texas Commission on
148	148	Environmental Quality.
149	149	(c) The Texas Commission on Environmental Quality has filed
150	150	its recommendations relating to this Act with the governor, the
151	151	lieutenant governor, and the speaker of the house of
152	152	representatives within the required time.
153	153	(d) All requirements of the constitution and laws of this
154	154	state and the rules and procedures of the legislature with respect
155	155	to the notice, introduction, and passage of this Act are fulfilled
156	156	and accomplished.
157	157	SECTION 10. This Act takes effect September 1, 2017.