Texas 2019 - 86th Regular

Texas Senate Bill SB606 Compare Versions

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1-S.B. No. 606
1+By: Watson, et al. S.B. No. 606
2+ (Nevárez)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the Lower Colorado River Authority, following
68 recommendations of the Sunset Advisory Commission.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 8503.0021(a), Special District Local
911 Laws Code, is amended to read as follows:
1012 (a) The authority is subject to review under Chapter 325,
1113 Government Code (Texas Sunset Act), but may not be abolished under
1214 that chapter. The review shall not include the management of the
1315 generation or transmission of electricity under the wholesale
1416 electricity operation of the authority and the authority's
1517 affiliated nonprofit corporations. The review shall be conducted
1618 under Section 325.025, Government Code, as if the authority were a
1719 state agency scheduled to be abolished September 1, 2031 [2019],
1820 and every 12th year after that year.
1921 SECTION 2. Chapter 8503, Special District Local Laws Code,
2022 is amended by adding Sections 8503.0065, 8503.0105, 8503.0106,
2123 8503.0107, and 8503.0108 to read as follows:
2224 Sec. 8503.0065. DIRECTOR TRAINING. (a) A person who is
2325 appointed to and qualifies for office as a director may not vote,
2426 deliberate, or be counted as a director in attendance at a board
2527 meeting until the person completes a training program that complies
2628 with this section.
2729 (b) The training program must provide the person with
2830 information regarding:
2931 (1) the law governing authority operations;
3032 (2) the programs, functions, rules, and budget of the
3133 authority;
3234 (3) the results of the most recent formal audit of the
3335 authority;
3436 (4) the requirements of:
3537 (A) laws relating to open meetings, public
3638 information, administrative procedure, and disclosure of conflicts
3739 of interest; and
3840 (B) other laws applicable to members of the
3941 governing body of a river authority in performing their duties; and
4042 (5) any applicable ethics policies adopted by the
4143 authority or the Texas Ethics Commission.
4244 (c) A person appointed to the board is entitled to
4345 reimbursement for the travel expenses incurred in attending the
4446 training program regardless of whether the attendance at the
4547 program occurs before or after the person qualifies for office.
4648 (d) The general manager of the authority shall create a
4749 training manual that includes the information required by
4850 Subsection (b). The general manager shall distribute a copy of the
4951 training manual annually to each director. Each director shall
5052 sign and submit to the general manager a statement acknowledging
5153 that the director has received and reviewed the training manual.
5254 Sec. 8503.0105. PUBLIC ENGAGEMENT POLICY. The board shall
5355 develop and implement a policy that provides a structure for public
5456 engagement in regard to water supply projects. The policy must
5557 include a clear and detailed description of how the authority will
5658 seek to actively engage stakeholders, including the possible use
5759 of:
5860 (1) advisory committees;
5961 (2) community panels;
6062 (3) town hall meetings; and
6163 (4) other strategies on a recurring basis.
6264 Sec. 8503.0106. COMPLAINTS. (a) The authority shall
6365 maintain a system to promptly and efficiently act on complaints
6466 filed with the authority. The authority shall maintain information
6567 about parties to the complaint, the subject matter of the
6668 complaint, a summary of the results of the review or investigation
6769 of the complaint, and its disposition.
6870 (b) The authority shall make information available to the
6971 public, including on the authority's website, describing its
7072 procedures for complaint investigation and resolution.
7173 (c) The authority shall periodically notify the complaint
7274 parties of the status of the complaint until final disposition.
7375 (d) The authority shall develop a standard form and a
7476 procedure for submitting complaints to the authority and shall make
7577 that form and procedure available on the authority's website. The
7678 authority shall also make available on its website clear
7779 information about what a person making a complaint should expect
7880 after the complaint is filed, including timelines for response and
7981 resolution.
8082 Sec. 8503.0107. PUBLIC TESTIMONY. (a) In this section,
8183 "committee-of-the-whole" means a committee of the board in which
8284 every director is a member of the committee, regardless of whether
8385 all members are present at a particular meeting of the
8486 committee-of-the-whole.
8587 (b) The board shall develop and implement policies that
8688 provide the public with a reasonable opportunity to appear before
8789 the board and to speak on any issue under the jurisdiction of the
8890 authority.
8991 (c) At each regular meeting of the board and each meeting as
9092 a committee-of-the-whole, the board shall include public testimony
9193 as a meeting agenda item and allow members of the public to comment
9294 on every agenda item and other matters under the jurisdiction of the
9395 authority. The board may not deliberate or decide a matter not
9496 included in the meeting agenda except to discuss including the
9597 matter on the agenda for a subsequent meeting.
9698 Sec. 8503.0108. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
9799 (a) The board shall develop a policy to encourage the use of
98100 appropriate alternative dispute resolution procedures under
99101 Chapter 2009, Government Code, to assist in the resolution of
100102 internal and external disputes under the authority's jurisdiction.
101103 (b) The authority's procedures relating to alternative
102104 dispute resolution must conform, to the extent possible, to any
103105 model guidelines issued by the State Office of Administrative
104106 Hearings for the use of alternative dispute resolution by state
105107 agencies.
106108 (c) The authority shall:
107109 (1) coordinate the implementation of the policy
108110 adopted under Subsection (a);
109111 (2) provide training as needed to implement the
110112 procedures for alternative dispute resolution; and
111113 (3) collect data concerning the effectiveness of those
112114 procedures.
113115 SECTION 3. Notwithstanding Section 8503.0065, Special
114116 District Local Laws Code, as added by this Act, a person serving on
115117 the board of directors of the Lower Colorado River Authority may
116118 vote, deliberate, and be counted as a director in attendance at a
117119 meeting of the board until December 1, 2019.
118120 SECTION 4. This Act takes effect September 1, 2019.
119- ______________________________ ______________________________
120- President of the Senate Speaker of the House
121- I hereby certify that S.B. No. 606 passed the Senate on
122- April 15, 2019, by the following vote: Yeas 31, Nays 0.
123- ______________________________
124- Secretary of the Senate
125- I hereby certify that S.B. No. 606 passed the House on
126- April 26, 2019, by the following vote: Yeas 137, Nays 0, two
127- present not voting.
128- ______________________________
129- Chief Clerk of the House
130- Approved:
131- ______________________________
132- Date
133- ______________________________
134- Governor