Texas 2021 - 87th Regular

Texas House Bill HB1570 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1570
	1	+	By: Paddie (Senate Sponsor - Hall) H.B. No. 1570
	2	+	(In the Senate - Received from the House April 21, 2021;
	3	+	May 13, 2021, read first time and referred to Committee on Natural
	4	+	Resources & Economic Development; May 19, 2021, reported favorably
	5	+	by the following vote: Yeas 7, Nays 0; May 19, 2021, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the Brazos River Authority, following recommendations
6	13		of the Sunset Advisory Commission; specifying grounds for the
7	14		removal of a member of the board of directors.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 8502.0021(a), Special District Local
10	17		Laws Code, is amended to read as follows:
11	18		(a) The authority is subject to review under Chapter 325,
12	19		Government Code (Texas Sunset Act), but may not be abolished under
13	20		that chapter. The review shall be conducted under Section 325.025,
14	21		Government Code, as if the authority were a state agency scheduled
15	22		to be abolished September 1, 2033 [2021], and every 12th year after
16	23		that year.
17	24		SECTION 2. Chapter 8502, Special District Local Laws Code,
18	25		is amended by adding Sections 8502.0091, 8502.0092, 8502.0093,
19	26		8502.0094, and 8502.0095 to read as follows:
20	27		Sec. 8502.0091. GROUNDS FOR REMOVAL OF DIRECTORS. (a) It
21	28		is a ground for removal from the board that a director:
22	29		(1) does not have at the time of taking office the
23	30		qualifications required by Section 8502.009;
24	31		(2) does not maintain during service on the board the
25	32		qualifications required by Section 8502.009;
26	33		(3) is ineligible for directorship under Chapter 171,
27	34		Local Government Code;
28	35		(4) cannot, because of illness or disability,
29	36		discharge the director's duties for a substantial part of the
30	37		director's term; or
31	38		(5) is absent from more than half of the regularly
32	39		scheduled board meetings that the director is eligible to attend
33	40		during a calendar year without an excuse approved by a majority vote
34	41		of the board.
35	42		(b) The validity of an action of the board is not affected by
36	43		the fact that it is taken when a ground for removal of a director
37	44		exists.
38	45		(c) If the general manager has knowledge that a potential
39	46		ground for removal exists, the general manager shall notify the
40	47		presiding officer of the board of the potential ground. The
41	48		presiding officer shall then notify the governor and the attorney
42	49		general that a potential ground for removal exists. If the
43	50		potential ground for removal involves the presiding officer, the
44	51		general manager shall notify the next highest ranking director, who
45	52		shall then notify the governor and the attorney general that a
46	53		potential ground for removal exists.
47	54		Sec. 8502.0092. DIRECTOR TRAINING. (a) A person who is
48	55		appointed to and qualifies for office as a director may not vote,
49	56		deliberate, or be counted as a director in attendance at a board
50	57		meeting until the person completes a training program that complies
51	58		with this section.
52	59		(b) The training program must provide the person with
53	60		information regarding:
54	61		(1) the law governing authority operations;
55	62		(2) the programs, functions, rules, and budget of the
56	63		authority;
57	64		(3) the scope of and limitations on the rulemaking
58	65		authority of the authority;
59	66		(4) the results of the most recent formal audit of the
60	67		authority;
61	68		(5) the requirements of:
62	69		(A) laws relating to open meetings, public
63	70		information, administrative procedure, and disclosure of conflicts
64	71		of interest; and
65	72		(B) other laws applicable to members of the
66	73		governing body of a river authority in performing their duties; and
67	74		(6) any applicable ethics policies adopted by the
68	75		authority or the Texas Ethics Commission.
69	76		(c) A person appointed to the board is entitled to
70	77		reimbursement for the travel expenses incurred in attending the
71	78		training program regardless of whether the attendance at the
72	79		program occurs before or after the person qualifies for office.
73	80		(d) The general manager of the authority shall create a
74	81		training manual that includes the information required by
75	82		Subsection (b). The general manager shall distribute a copy of the
76	83		training manual annually to each director. Each director shall
77	84		sign and submit to the general manager a statement acknowledging
78	85		that the director received and has reviewed the training manual.
79	86		Sec. 8502.0093. POLICIES TO SEPARATE POLICY-MAKING AND
80	87		STAFF FUNCTIONS. The board shall develop and implement policies
81	88		that clearly separate the policy-making responsibilities of the
82	89		board and the management responsibilities of the general manager
83	90		and the staff of the authority.
84	91		Sec. 8502.0094. COMPLAINTS. (a) The authority shall
85	92		maintain a system to promptly and efficiently act on complaints
86	93		filed with the authority. The authority shall maintain information
87	94		about parties to the complaint, the subject matter of the
88	95		complaint, a summary of the results of the review or investigation
89	96		of the complaint, and its disposition.
90	97		(b) The authority shall make information describing its
91	98		procedures for complaint investigation and resolution available to
92	99		the public.
93	100		(c) The authority shall periodically notify the complaint
94	101		parties of the status of the complaint until final disposition
95	102		unless the notice would jeopardize an investigation.
96	103		Sec. 8502.0095. PUBLIC TESTIMONY. The board shall develop
97	104		and implement policies that provide the public with a reasonable
98	105		opportunity to appear before the board and to speak on any issue
99	106		under the jurisdiction of the authority.
100	107		SECTION 3. Notwithstanding Section 8502.0092, Special
101	108		District Local Laws Code, as added by this Act, a person serving on
102	109		the board of directors of the Brazos River Authority may vote,
103	110		deliberate, and be counted as a director in attendance at a meeting
104	111		of the board until December 1, 2021.
105	112		SECTION 4. (a) The legal notice of the intention to
106	113		introduce this Act, setting forth the general substance of this
107	114		Act, has been published as provided by law, and the notice and a
108	115		copy of this Act have been furnished to all persons, agencies,
109	116		officials, or entities to which they are required to be furnished
110	117		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
111	118		Government Code.
112	119		(b) The governor, one of the required recipients, has
113	120		submitted the notice and Act to the Texas Commission on
114	121		Environmental Quality.
115	122		(c) The Texas Commission on Environmental Quality has filed
116	123		its recommendations relating to this Act with the governor, the
117	124		lieutenant governor, and the speaker of the house of
118	125		representatives within the required time.
119	126		(d) All requirements of the constitution and laws of this
120	127		state and the rules and procedures of the legislature with respect
121	128		to the notice, introduction, and passage of this Act are fulfilled
122	129		and accomplished.
123	130		SECTION 5. This Act takes effect September 1, 2021.
124		-	______________________________ ______________________________
125		-	President of the Senate Speaker of the House
126		-	I certify that H.B. No. 1570 was passed by the House on April
127		-	21, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
128		-	voting.
129		-	______________________________
130		-	Chief Clerk of the House
131		-	I certify that H.B. No. 1570 was passed by the Senate on May
132		-	21, 2021, by the following vote: Yeas 31, Nays 0.
133		-	______________________________
134		-	Secretary of the Senate
135		-	APPROVED: _____________________
136		-	Date
137		-	_____________________
138		-	Governor
	131	+	* * * * *