86R3437 SLB-D
By: Nevárez H.B. No. 1502
A BILL TO BE ENTITLED
AN ACT
relating to the Lower Colorado River Authority, following
recommendations of the Sunset Advisory Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 8503, Special District Local Laws Code,
is amended by adding Sections 8503.0065, 8503.0105, 8503.0106,
8503.0107, and 8503.0108 to read as follows:
Sec. 8503.0065. DIRECTOR TRAINING. (a) A person who is
appointed to and qualifies for office as a director may not vote,
deliberate, or be counted as a director in attendance at a board
meeting until the person completes a training program that complies
with this section.
(b) The training program must provide the person with
information regarding:
(1) the law governing authority operations;
(2) the programs, functions, rules, and budget of the
authority;
(3) the scope of and limitations on the rulemaking
authority of the authority;
(4) the results of the most recent formal audit of the
authority;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
governing body of a river authority in performing their duties; and
(6) any applicable ethics policies adopted by the
authority or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement 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.
(d) The general manager of the authority shall create a
training manual that includes the information required by
Subsection (b) of this section. The general manager shall
distribute a copy of the training manual annually to each director.
Each director shall sign and submit to the general manager a
statement acknowledging that the director has received the training
manual.
Sec. 8503.0105. PUBLIC ENGAGEMENT POLICY. The board shall
develop and implement a policy that provides a structure for public
engagement in regard to water supply projects. The policy must
include a clear and detailed description of how the authority will
seek to actively engage stakeholders, including the possible use
of:
(1) advisory committees;
(2) community panels;
(3) town hall meetings; and
(4) other strategies on a recurring basis.
Sec. 8503.0106. COMPLAINTS. (a) The authority shall
maintain a system to promptly and efficiently act on complaints
filed with the authority. The authority shall maintain information
about parties to the complaint, the subject matter of the
complaint, a summary of the results of the review or investigation
of the complaint, and its disposition.
(b) The authority shall make information available to the
public, including on the authority's website, describing its
procedures for complaint investigation and resolution.
(c) The authority shall periodically notify the complaint
parties of the status of the complaint until final disposition.
(d) The authority shall develop a standard form and a
procedure for submitting complaints to the authority and shall make
that form and procedure available on the authority's website. The
authority shall also make available on its website clear
information about what a person making a complaint should expect
after the complaint is filed, including timelines for response and
resolution.
Sec. 8503.0107. PUBLIC TESTIMONY. (a) In this section,
"committee-of-the-whole" means a committee of the board in which
every director is a member of the committee.
(b) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
authority.
(c) At each regular meeting of the board and each meeting as
a committee-of-the-whole, the board shall include public testimony
as a meeting agenda item and allow members of the public to comment
on every agenda item and other matters under the jurisdiction of the
authority. The board may not deliberate or decide a matter not
included in the meeting agenda except to discuss including the
matter on the agenda for a subsequent meeting.
Sec. 8503.0108. ALTERNATIVE RULEMAKING AND DISPUTE
RESOLUTION PROCEDURES. (a) The board shall develop a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of authority rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the authority's
jurisdiction.
(b) The authority's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The authority shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a) of this section;
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 2. Notwithstanding Section 8503.0065, Special
District Local Laws Code, as added by this Act, a person serving on
the board of directors of the Lower Colorado River Authority may
vote, deliberate, and be counted as a director in attendance at a
meeting of the board until December 1, 2019.
SECTION 3. This Act takes effect September 1, 2019.