By: Jetton H.B. No. 3253
A BILL TO BE ENTITLED
AN ACT
relating to operations of Districts created under the Texas Water
Code, Title 4, Chapter 49, Subchapter A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.151, Water Code, is amended to read as
follows:
Sec. 49.151. EXPENDITURES. (a) Except as hereinafter
provided, a district's money may be disbursed only by check, draft,
order, or other instrument that shall be signed by at least a
majority of the directors.
(b) The board may by resolution allow the general manager,
treasurer, bookkeeper, or other employee of the district to sign
disbursements.
(c) The board may by resolution allow disbursements of
district money to be transferred by federal reserve wire system or
by Automated Clearing House (ACH) or other electronic means. The
board by resolution may allow the wire or electronic transfers to
accounts in the name of the district or vendors or other authorized
accounts not in the name of the district.
SECTION 2. Section 49.064, Water Code, is amended to read as
follows and adding subsections (b), (c), and (d) to read as follows:
Sec. 49.064. MEETINGS. (a) The board shall hold such
regular and special meetings as may be necessary for the proper
conduct of the district's business. All meetings shall be
conducted in accordance with the open meetings law, Chapter 551,
Government Code. A meeting of a committee of the board, or a
committee composed of representatives of more than one board, where
less than a quorum of any one board is present is not subject to the
provisions of the open meetings law, Chapter 551, Government Code.
(b) Notwithstanding Chapter 551, Government Code, or any
other law, the board may hold an open or closed meeting by telephone
conference call, videoconference, or other similar
telecommunication method. The board may use a telephone conference
call, videoconference, or other similar telecommunication method
for purposes of establishing a quorum, for voting, or for any other
meeting purpose. This subsection applies without regard to the
subject matter discussed or considered by the board at the meeting.
(c) A meeting held by telephone conference call,
videoconference, or other similar telecommunication method:
(1) is subject to the notice requirements applicable
to other board meetings;
(2) may not be held unless notice of the meeting
specifies the location of the meeting at which at least one director
will be physically present; and
(3) during the open portions of the meeting, must be
open and audible to the public at the location specified in the
notice under Subdivision (2).
(d)(i) In this section, "catastrophe" means a condition or
occurrence that interferes physically with the ability of a board
to conduct a meeting or requires a quorum of the board to be present
to protect the property of the district or provide for public
safety, including:
(1) fire, flood, earthquake, hurricane, tornado, or
wind, rain, or snow storm;
(2) power failure, transportation failure, or
interruption of communication facilities;
(3) epidemic; or
(4) riot, civil disturbance, enemy attack, or other
actual or threatened act of lawlessness or violence.
(ii) In the event of a catastrophe, the
board may meet at the site of the catastrophe or other location and
is not subject to the notice or posting provisions of the open
meetings law, Chapter 551, Government Code.
(iii) If a meeting is held under the
exception granted in this section, the board shall post a notice of
the meeting and actions taken at the meeting as required for regular
board meetings within seven business days of the meeting or with the
posting for the next scheduled meeting of the board, whichever is
the earlier date.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.