87R5545 SGM-D
By: Paddie H.B. No. 1570
A BILL TO BE ENTITLED
AN ACT
relating to the Brazos River Authority, following recommendations
of the Sunset Advisory Commission; specifying grounds for the
removal of a member of the board of directors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 8502, Special District Local Laws Code,
is amended by adding Sections 8502.0091, 8502.0092, 8502.0093,
8502.0094, and 8502.0095 to read as follows:
Sec. 8502.0091. GROUNDS FOR REMOVAL OF DIRECTORS. (a) It
is a ground for removal from the board that a director:
(1) does not have at the time of taking office the
qualifications required by Section 8502.009;
(2) does not maintain during service on the board the
qualifications required by Section 8502.009;
(3) is ineligible for directorship under Chapter 171,
Local Government Code;
(4) cannot, because of illness or disability,
discharge the director's duties for a substantial part of the
director's term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the director is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a director
exists.
(c) If the general manager has knowledge that a potential
ground for removal exists, the general manager shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
general manager shall notify the next highest ranking director, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
Sec. 8502.0092. 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). 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 received and has reviewed the training manual.
Sec. 8502.0093. POLICIES TO SEPARATE POLICY-MAKING AND
STAFF FUNCTIONS. The board shall develop and implement policies
that clearly separate the policy-making responsibilities of the
board and the management responsibilities of the general manager
and the staff of the authority.
Sec. 8502.0094. 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 describing its
procedures for complaint investigation and resolution available to
the public.
(c) The authority shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an investigation.
Sec. 8502.0095. PUBLIC TESTIMONY. 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.
SECTION 2. Notwithstanding Section 8502.0092, Special
District Local Laws Code, as added by this Act, a person serving on
the board of directors of the Brazos River Authority may vote,
deliberate, and be counted as a director in attendance at a meeting
of the board until December 1, 2021.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect September 1, 2021.