4 | 6 | | AN ACT |
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5 | 7 | | relating to the Lower Colorado River Authority, following |
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6 | 8 | | recommendations of the Sunset Advisory Commission. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 8503.0021(a), Special District Local |
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9 | 11 | | Laws Code, is amended to read as follows: |
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10 | 12 | | (a) The authority is subject to review under Chapter 325, |
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11 | 13 | | Government Code (Texas Sunset Act), but may not be abolished under |
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12 | 14 | | that chapter. The review shall not include the management of the |
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13 | 15 | | generation or transmission of electricity under the wholesale |
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14 | 16 | | electricity operation of the authority and the authority's |
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15 | 17 | | affiliated nonprofit corporations. The review shall be conducted |
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16 | 18 | | under Section 325.025, Government Code, as if the authority were a |
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17 | 19 | | state agency scheduled to be abolished September 1, 2031 [2019], |
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18 | 20 | | and every 12th year after that year. |
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19 | 21 | | SECTION 2. Chapter 8503, Special District Local Laws Code, |
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20 | 22 | | is amended by adding Sections 8503.0065, 8503.0105, 8503.0106, |
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21 | 23 | | 8503.0107, and 8503.0108 to read as follows: |
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22 | 24 | | Sec. 8503.0065. DIRECTOR TRAINING. (a) A person who is |
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23 | 25 | | appointed to and qualifies for office as a director may not vote, |
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24 | 26 | | deliberate, or be counted as a director in attendance at a board |
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25 | 27 | | meeting until the person completes a training program that complies |
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26 | 28 | | with this section. |
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27 | 29 | | (b) The training program must provide the person with |
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28 | 30 | | information regarding: |
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29 | 31 | | (1) the law governing authority operations; |
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30 | 32 | | (2) the programs, functions, rules, and budget of the |
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31 | 33 | | authority; |
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32 | 34 | | (3) the results of the most recent formal audit of the |
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33 | 35 | | authority; |
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34 | 36 | | (4) the requirements of: |
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35 | 37 | | (A) laws relating to open meetings, public |
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36 | 38 | | information, administrative procedure, and disclosure of conflicts |
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37 | 39 | | of interest; and |
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38 | 40 | | (B) other laws applicable to members of the |
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39 | 41 | | governing body of a river authority in performing their duties; and |
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40 | 42 | | (5) any applicable ethics policies adopted by the |
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41 | 43 | | authority or the Texas Ethics Commission. |
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42 | 44 | | (c) A person appointed to the board is entitled to |
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43 | 45 | | reimbursement for the travel expenses incurred in attending the |
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44 | 46 | | training program regardless of whether the attendance at the |
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45 | 47 | | program occurs before or after the person qualifies for office. |
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46 | 48 | | (d) The general manager of the authority shall create a |
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47 | 49 | | training manual that includes the information required by |
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48 | 50 | | Subsection (b). The general manager shall distribute a copy of the |
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49 | 51 | | training manual annually to each director. Each director shall |
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50 | 52 | | sign and submit to the general manager a statement acknowledging |
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51 | 53 | | that the director has received and reviewed the training manual. |
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52 | 54 | | Sec. 8503.0105. PUBLIC ENGAGEMENT POLICY. The board shall |
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53 | 55 | | develop and implement a policy that provides a structure for public |
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54 | 56 | | engagement in regard to water supply projects. The policy must |
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55 | 57 | | include a clear and detailed description of how the authority will |
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56 | 58 | | seek to actively engage stakeholders, including the possible use |
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57 | 59 | | of: |
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58 | 60 | | (1) advisory committees; |
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59 | 61 | | (2) community panels; |
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60 | 62 | | (3) town hall meetings; and |
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61 | 63 | | (4) other strategies on a recurring basis. |
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62 | 64 | | Sec. 8503.0106. COMPLAINTS. (a) The authority shall |
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63 | 65 | | maintain a system to promptly and efficiently act on complaints |
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64 | 66 | | filed with the authority. The authority shall maintain information |
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65 | 67 | | about parties to the complaint, the subject matter of the |
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66 | 68 | | complaint, a summary of the results of the review or investigation |
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67 | 69 | | of the complaint, and its disposition. |
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68 | 70 | | (b) The authority shall make information available to the |
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69 | 71 | | public, including on the authority's website, describing its |
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70 | 72 | | procedures for complaint investigation and resolution. |
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71 | 73 | | (c) The authority shall periodically notify the complaint |
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72 | 74 | | parties of the status of the complaint until final disposition. |
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73 | 75 | | (d) The authority shall develop a standard form and a |
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74 | 76 | | procedure for submitting complaints to the authority and shall make |
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75 | 77 | | that form and procedure available on the authority's website. The |
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76 | 78 | | authority shall also make available on its website clear |
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77 | 79 | | information about what a person making a complaint should expect |
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78 | 80 | | after the complaint is filed, including timelines for response and |
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79 | 81 | | resolution. |
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80 | 82 | | Sec. 8503.0107. PUBLIC TESTIMONY. (a) In this section, |
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81 | 83 | | "committee-of-the-whole" means a committee of the board in which |
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82 | 84 | | every director is a member of the committee, regardless of whether |
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83 | 85 | | all members are present at a particular meeting of the |
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84 | 86 | | committee-of-the-whole. |
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85 | 87 | | (b) The board shall develop and implement policies that |
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86 | 88 | | provide the public with a reasonable opportunity to appear before |
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87 | 89 | | the board and to speak on any issue under the jurisdiction of the |
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88 | 90 | | authority. |
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89 | 91 | | (c) At each regular meeting of the board and each meeting as |
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90 | 92 | | a committee-of-the-whole, the board shall include public testimony |
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91 | 93 | | as a meeting agenda item and allow members of the public to comment |
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92 | 94 | | on every agenda item and other matters under the jurisdiction of the |
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93 | 95 | | authority. The board may not deliberate or decide a matter not |
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94 | 96 | | included in the meeting agenda except to discuss including the |
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95 | 97 | | matter on the agenda for a subsequent meeting. |
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96 | 98 | | Sec. 8503.0108. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. |
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97 | 99 | | (a) The board shall develop a policy to encourage the use of |
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98 | 100 | | appropriate alternative dispute resolution procedures under |
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99 | 101 | | Chapter 2009, Government Code, to assist in the resolution of |
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100 | 102 | | internal and external disputes under the authority's jurisdiction. |
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101 | 103 | | (b) The authority's procedures relating to alternative |
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102 | 104 | | dispute resolution must conform, to the extent possible, to any |
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103 | 105 | | model guidelines issued by the State Office of Administrative |
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104 | 106 | | Hearings for the use of alternative dispute resolution by state |
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105 | 107 | | agencies. |
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106 | 108 | | (c) The authority shall: |
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107 | 109 | | (1) coordinate the implementation of the policy |
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108 | 110 | | adopted under Subsection (a); |
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109 | 111 | | (2) provide training as needed to implement the |
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110 | 112 | | procedures for alternative dispute resolution; and |
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111 | 113 | | (3) collect data concerning the effectiveness of those |
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112 | 114 | | procedures. |
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113 | 115 | | SECTION 3. Notwithstanding Section 8503.0065, Special |
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114 | 116 | | District Local Laws Code, as added by this Act, a person serving on |
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115 | 117 | | the board of directors of the Lower Colorado River Authority may |
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116 | 118 | | vote, deliberate, and be counted as a director in attendance at a |
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117 | 119 | | meeting of the board until December 1, 2019. |
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118 | 120 | | SECTION 4. This Act takes effect September 1, 2019. |
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