By: Gutierrez S.B. No. 618
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Telecommunications
Infrastructure Board.
Section 1. Subtitle C, Utilities Code, is amended by
addition new Chapter 67 to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 67.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Telecommunications
Infrastructure Development Board.
(2) "Executive administrator" means the executive
administrator of the board.
(3) "Commission" means the Public Utilities
Commission.
Sec. 67.002. SCOPE OF CHAPTER. The powers and duties
enumerated in this chapter are the general powers and duties of the
board and those incidental to the conduct of its business. The
board has other specific powers and duties as prescribed in other
sections of this code and other laws of this state.
SUBCHAPTER B. ORGANIZATION OF THE TEXAS TELECOMMUNICATIONS
INFRASTRUCTURE DEVELOPMENT BOARD
Sec. 67.011. BOARD AS AGENCY OF STATE. The board is the
state agency primarily responsible for telecommunications
infrastructure planning and for administering telecommunications
infrastructure financing for the state.
Sec. 67.012. GENERAL DUTIES AND RESPONSIBILITIES. (a) The
board has general jurisdiction over:
(1) the development and implementation of a statewide
telecommunications infrastructure plan;
(2) the administration of the state's various
telecommunication assistance and financing programs including
those created by the constitution;
(3) creating a complete data set of telecommunications
infrastructure, including mapping of middle-mile and dark fiber
infrastructure;
(4) other areas specifically assigned to the board by
this code or other law.
Sec. 67.013. SUNSET PROVISION. The Texas
Telecommunications Infrastructure Development Board is subject to
review under Chapter 325, Government Code (Texas Sunset Act), but
is not abolished under that chapter. The board shall be reviewed
during the period in which state agencies abolished in 2033 and
every 12th year after 2023 are reviewed.
Sec. 67.014. CONSTRUCTION OF TITLE. This title shall be
liberally construed to allow the board and the executive
administrator to carry out their powers and duties in an efficient
and effective manner.
SUBCHAPTER C. TEXAS TELECOMMUNICATIONS INFRASTRUCTURE DEVELOPMENT
BOARD
Sec. 67.051. STATE AGENCY. The Texas Telecommunications
Infrastructure Development Board is an agency of the state.
Sec. 67.052. MEMBERS OF THE BOARD; APPOINTMENT. (a) The
board is composed of three members who are appointed by the governor
with the advice and consent of the senate. One member must have
experience in the field of engineering, one member must have
experience in the field of public or private finance, and one member
must have experience in the field of law or business.
(b) The governor shall make the appointments in such a
manner that the members reflect the diverse geographic regions and
population groups of this state and do not have any conflicts of
interest prohibited by state or federal law.
(c) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Sec. 67.053. ELIGIBILITY FOR MEMBERSHIP. (a) Members of
the board must be members of the general public.
(b) A person is not eligible for appointment to the board if
the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(2) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the board.
(c) Subsection (b)(1) does not apply to an employee of a
political subdivision of this state.
(d) A person is not eligible for appointment to the board if
the person served on the board on or before January 1, 2013.
Sec. 67.054. REMOVAL OF BOARD MEMBERS. (a) It is a ground
for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required for appointment to the board;
(2) does not maintain during service on the board the
qualifications required for appointment to the board;
(3) is ineligible for membership under Sections
67.053, 67.057, and 67.058;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member 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 board member
exists.
(c) If the executive administrator or a member has knowledge
that a potential ground for removal exists, the executive
administrator shall notify the chairman of the board of the
potential ground. The chairman of the board shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal includes the
chairman of the board, the executive administrator or another
member of the board shall notify the member of the board with the
most seniority, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
(d) The governor, with the advice and consent of the senate,
may remove a board member from office as provided by Section 9,
Article XV, Texas Constitution.
Sec. 67.055. OFFICERS OF STATE; OATH. Each member of the
board is an officer of the state as that term is used in the
constitution, and each member shall qualify by taking the official
oath of office.
Sec. 67.0567. TERMS OF OFFICE. (a) The members of the board
hold office for staggered terms of six years, with the term of one
member expiring February 1 of each odd-numbered year. Each member
holds office until a successor is appointed and has qualified.
(b) A person appointed to the board may not serve for more
than two six-year terms.
Sec. 67.057. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in this
state designed to assist its members and its industry or profession
in dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
telecommunications infrastructure planning or telecommunications
infrastructure financing; or
(2) the person's spouse is an officer, employee, or
paid consultant of a Texas trade association in the field of
telecommunications infrastructure planning or telecommunications
infrastructure financing.
Sec. 67.058. LOBBYIST PROHIBITION. A person may not be a
member of the board or act as the general counsel to the board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the board.
Sec. 67.059. CHAIRMAN OF THE BOARD. The governor shall
designate one member as chairman of the board to serve at the will
of the governor.
Sec. 67.0670. BOARD MEETINGS. (a) The board shall hold
regular meetings and all hearings at times specified by a board
order and entered in its minutes. The board may hold special
meetings at the times and places in this state that the board
decides are appropriate for the performance of its duties. The
chairman of the board or the board member acting for the chairman
shall give the other members reasonable notice before holding a
special meeting.
(b) The chairman shall preside at all meetings of the board.
The chairman may designate another board member to act for the
chairman in the chairman's absence.
(c) A majority of the members constitute a quorum to
transact business.
Sec. 67.06701. CONSULTATION REGARDING CERTAIN FINANCIAL
MATTERS; CLOSED MEETING. (a) The board may hold a closed meeting
to consider and discuss financial matters related to the investment
or potential investment of the board's funds.
(b) A final action, decision, or vote on a matter considered
or discussed in a closed meeting held under this section must be
made in an open meeting conducted in compliance with the notice
provisions of Chapter 551, Government Code.
Sec. 67.0671. FULL-TIME SERVICE. Each member of the board
shall serve on a full-time basis.
Sec. 67.0672. REQUIRED TRAINING FOR BOARD MEMBERS. (a) A
person who is appointed to and qualifies for office as a member of
the board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board 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 legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(67) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, 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.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF THE BOARD
Sec. 67.101. RULES. (a) The board shall adopt rules
necessary to carry out the powers and duties of the board provided
by this code and other laws of this state.
(b) The executive administrator may recommend to the board
for its consideration rules that he considers necessary to carry
out the board's powers and duties.
(c) Rules shall be adopted in the manner provided by Chapter
2001, Government Code.
Sec. 67.1011. BUDGET APPROVAL. The board shall examine and
approve budget recommendations for the board that are to be
transmitted to the legislature.
Sec. 67.102. ADVISORY COUNCILS. The board may create and
consult with any advisory councils that the board considers
appropriate to carry out its powers and duties. The board shall
create an advisory on issues surrounding rural broadband service.
Sec. 67.103. EXECUTIVE ADMINISTRATOR. The board shall
appoint a person to be the executive administrator to serve at the
will of the board.
Sec. 67.104. MEMORANDA OF UNDERSTANDING. The board may
enter into a memorandum of understanding with any other state
agency and shall adopt by rule any memorandum of understanding
between the board and any other state agency.
Sec. 67.105. PUBLIC TESTIMONY POLICY. The board shall
develop and implement policies that will provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
Sec. 67.1067. STANDARDS OF CONDUCT. The executive
administrator or the executive administrator's designee shall
provide to members of the board and to agency employees, as often as
is necessary, information regarding the requirements for office or
employment under this code, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Sec. 67.108. POWER TO PURCHASE INSURANCE. The board may
purchase for its members, appointees, and employees and pay
premiums on liability insurance in any amounts and from any
insurers the board considers advisable.
Sec. 67.109. LIABILITY. Pursuant to the limited waiver of
governmental immunity of Chapter 101, Civil Practice and Remedies
Code (Texas Tort Claims Act), neither a member of the board nor any
employee of the board is personally liable in the person's private
capacity for any act performed or for any contract or other
obligation entered into or undertaken in an official capacity in
good faith and without intent to defraud, in connection with the
administration, management, or conduct of the board in its
business, programs, or other related affairs.
Sec. 67.111. SEPARATION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive administrator and the staff of
the board.
Sec. 67.113. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 67.114. FINANCIAL ASSISTANCE PROGRAMS: DEFAULT,
REMEDIES, AND ENFORCEMENT. (a) In this section:
(1) "Default" means:
(A) default in payment of the principal of or
interest on bonds, securities, or other obligations purchased or
acquired by the board;
(B) failure to perform any covenant related to a
bond, security, or other obligation purchased or acquired by the
board;
(C) a failure to perform any of the terms of a
loan, grant, or other financing agreement; or
(D) any other failure to perform an obligation,
breach of a term of an agreement, or default as provided by any
proceeding or agreement evidencing an obligation or agreement of a
recipient, beneficiary, or guarantor of financial assistance
provided by the board.
(2) "Financial assistance program recipient" means a
recipient or beneficiary of funds administered by the board under
this code, including a borrower, grantee, guarantor, or other
beneficiary.
(b) In the event of a default and on request by the board,
the attorney general shall seek:
(1) a writ of mandamus to compel a financial
assistance program recipient or the financial assistance program
recipient's officers, agents, and employees to cure the default;
and
(2) any other legal or equitable remedy the board and
the attorney general consider necessary and appropriate.
(c) A proceeding authorized by this section shall be brought
and venue is in a district court in Travis County.
(d) In a proceeding under this section, the attorney general
may recover reasonable attorney's fees, investigative costs, and
court costs incurred on behalf of the state in the proceeding in the
same manner as provided by general law for a private litigant.
Sec. 67.115. RECEIVERSHIP. (a) In this section,
"financial assistance program recipient" has the meaning assigned
by Section 67.114.
(b) In addition to the remedies available under Section
67.114, at the request of the board, the attorney general shall
bring suit in a district court in Travis County for the appointment
of a receiver to collect the assets and carry on the business of a
financial assistance program recipient if:
(1) the action is necessary to cure a default by the
recipient; and
(2) the recipient is not:
(A) a municipality or county; or
(B) a district or authority created under Section
52, Article III, or Section 59, Article XVI, Texas Constitution.
(c) The court shall vest a receiver appointed by the court
with any power or duty the court finds necessary to cure the
default, including the power or duty to:
(1) perform audits;
(2) raise wholesale or retail telecommunications
infrastructure rates or other fees;
(3) fund reserve accounts;
(4) make payments of the principal of or interest on
bonds, securities, or other obligations purchased or acquired by
the board; and
(5) take any other action necessary to prevent or to
remedy the default.
(d) The receiver shall execute a bond in an amount to be set
by the court to ensure the proper performance of the receiver's
duties.
(e) After appointment and execution of bond, the receiver
shall take possession of the books, records, accounts, and assets
of the financial assistance program recipient specified by the
court. Until discharged by the court, the receiver shall perform
the duties that the court directs and shall strictly observe the
final order involved.
(f) On a showing of good cause by the financial assistance
program recipient, the court may dissolve the receivership.
SUBCHAPTER E. ADMINISTRATIVE PROVISIONS FOR THE BOARD
Sec. 67.151. AUDIT. The financial transactions of the
board are subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
Sec. 67.152. PUBLIC INFORMATION RELATING TO BOARD. The
board shall prepare information of public interest describing the
functions of the board and describing the board's procedures by
which complaints are filed with and resolved by the board. The
board shall make the information available to the general public
and the appropriate state agencies.
Sec. 67.153. COPIES OF DOCUMENTS, PROCEEDINGS, ETC. (a)
Except as otherwise specifically provided in this code and subject
to the specific limitations provided in this code, on application
of any person, the board shall furnish certified or other copies of
any proceeding or other official record or of any map, paper, or
document filed with the board. A certified copy with the seal of
the board and the signature of the chairman of the board or the
executive administrator is admissible as evidence in any court or
administrative proceeding.
(b) The board shall provide in its rules the fees that will
be charged for copies and is authorized to furnish copies,
certified or otherwise, to a person without charge when the
furnishing of the copies serves a public purpose. Other statutes
concerning fees for copies of records do not apply to the board,
except that the fees set by the board for copies prepared by the
board shall not exceed those prescribed in Chapter 6703, Government
Code.
Sec. 67.154. COMPLAINT FILE. (a) The board shall maintain
a system to promptly and efficiently act on complaints filed with
the board. The board 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 the
complaint's disposition.
(b) The board shall make information available describing
its procedures for complaint investigation and resolution.
Sec. 67.155. NOTICE OF COMPLAINT. The board shall
periodically notify the complaint parties of the status of the
complaint until final disposition.
Sec. 67.1555. REFERRAL FOR INVESTIGATION OR ENFORCEMENT
ACTION. (a) The board, as the result of a complaint filed with the
board or on the board's own motion, may refer an applicant for or
recipient of financial assistance from the board to the commission,
the state auditor's office, the Texas Rangers, or another state
agency, office, or division, as appropriate, for the investigation
of, or the initiation of an enforcement action against, the
applicant or recipient.
(b) The executive administrator shall transmit the referral
to the appropriate state agency, office, or division, monitor the
progress of the investigation or enforcement action, and report to
the board on a quarterly basis.
Sec. 67.1567. REPORTS TO GOVERNOR. (a) The board shall
make biennial reports in writing to the governor and the members of
the legislature. Each report shall include a statement of the
activities of the board and its recommendations for necessary and
desirable legislation.
(b) The initial report to the Governor must make
recommendations concerning:
(1) necessary rural broadband infrastructure;
(2) an analysis of "back-haul" or "middle-mile" issues
in rural broadband delivery;
(3) a model or map of existing middle-mile
infrastructure;
(4) an analysis of statewide coordination of
telecommunications infrastructure; and
(5) a plan to increase rural adoption and utilization
of available and future broadband service.
Sec. 67.157. SEAL. The board shall have a seal bearing the
words "Texas Telecommunications Infrastructure Development Board"
encircling the oak and olive branches common to other official
seals.
SUBCHAPTER F. EXECUTIVE ADMINISTRATOR
Sec. 67.181. GENERAL RESPONSIBILITIES. The executive
administrator shall manage the administrative affairs of the board
subject to this code and other laws and under the general
supervision and direction of the board.
Sec. 67.183. EMPLOYMENT OF PERSONNEL. The executive
administrator shall employ necessary personnel for the board. The
executive administrator may delegate powers and duties to deputy
executive administrators.
Sec. 67.184. ADMINISTRATIVE ORGANIZATION. The executive
administrator, with the approval of the board, may organize and
reorganize the administrative sections and divisions of the board
in a form and manner that will achieve the greatest efficiency and
effectiveness.
Sec. 67.185. INFORMATION REQUEST TO COMMISSION. (a) With
regard to any matter pending before the board, the executive
administrator may obtain from the commission information relating
to that matter.
(b) On receiving a request from the executive
administrator, the commission should make the requested
information available within 30 days after the information is
requested and shall make the requested information available not
later than 90 days after the information is requested.
Sec. 67.1867. CAREER LADDER PROGRAM. The executive
administrator or his designee shall develop an intra-agency career
ladder program, one part of which shall require the intra-agency
posting of all non-entry level positions concurrently with any
public posting.
Sec. 67.187. MERIT PAY. The executive administrator or his
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for board employees
must be based on the system established under this section.
Sec. 67.188. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
executive administrator or the executive administrator's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 67.189. APPEARANCES AT HEARINGS. The position of and
information developed by the board may be presented by the
executive administrator or his designated representative at
hearings of the board and commission and at hearings held by
federal, state, and local agencies on matters affecting the
public's interest in the state's telecommunications infrastructure
resources, including matters that have been determined to be
policies of the state. The board shall be named a party in any
hearing before the commission in which the board requests party
status. The board may appeal any ruling, decision, or other act of
the commission.
Sec. 67.190. CONTRACTS. (a) The executive administrator,
on behalf of the board, may negotiate with and, with the consent of
the board, may enter into contracts with the United States or any of
its agencies for the purpose of carrying out the powers, duties, and
responsibilities of the board.
(b) The executive administrator, on behalf of the board, may
negotiate with and, with the consent of the board, may enter into
contracts or other agreements with states and political
subdivisions of this state or other entity for the purpose of
carrying out the powers, duties, and responsibilities of the board.
(c) The executive administrator, on behalf of the board,
shall obtain the approval of the attorney general as to the legality
of a resolution of the board authorizing state ownership in a
project.
Sec. 67.191. TRAVEL EXPENSES. The executive administrator
is entitled to receive actual and necessary travel expenses. Other
employees of the board are entitled to receive travel expenses as
provided by the General Appropriations Act.
Sec. 67.192. GIFTS AND GRANTS. The executive administrator
may apply for, request, solicit, contract for, receive, and accept
money and other assistance from any source to carry out the powers
and duties provided by this code.
Sec. 67.193. EMPLOYEE MOVING EXPENSES. If provided by
legislative appropriation, the board may pay the costs of
transporting and delivering household goods and effects of
employees transferred by the executive administrator from one
permanent station to another when, in the judgment of the executive
administrator, the transfer will serve the best interest of the
state.
Sec. 67.194. APPLICATIONS AND OTHER DOCUMENTS. (a) An
application, petition, or other document requiring action of the
board shall be presented to the executive administrator and handled
as provided by this code and in the rules of the board.
(b) After an application, petition, or other document
requiring action of the board is processed, it shall be presented to
the board for action as required by law and the rules of the board.
Sec. 67.195. NOTICE OF APPLICATION. (a) At the time an
application requiring action of the board is filed and is
administratively complete, the board shall give notice of the
application to any person who may be affected by the granting of the
application.
(b) The board shall adopt rules for the notice required by
this section.
(c) The notice must state:
(1) the identifying number given the application by
the board;
(2) the name and address of the applicant;
(3) the date on which the application was submitted;
and
(4) a brief summary of the information included in the
application.
Sec. 677.197. INTELLECTUAL PROPERTY OF BOARD. The
executive administrator, with the approval of the board and on the
board's behalf, may:
(1) acquire, apply for, register, secure, hold,
protect, and renew under the laws of this state, another state, the
United States, or any other nation:
(A) a patent for the invention or discovery of:
(i) any new and useful process, machine,
manufacture, composition of matter, art, or method;
(ii) any new use of a known process,
machine, manufacture, composition of matter, art, or method; or
(iii) any new and useful improvement on a
known process, machine, manufacture, composition of matter, art, or
method;
(B) a copyright for an original work of
authorship fixed in any tangible medium of expression, now known or
later developed, from which the work may be perceived, reproduced,
or otherwise communicated, either directly or with the aid of a
machine or device;
(C) a trademark, service mark, collective mark,
or certification mark for a word, name, symbol, device, or slogan
that the board uses to identify and distinguish the board's goods
and services from other goods and services; or
(D) other evidence of protection or exclusivity
issued for intellectual property;
(2) contract with a person for the reproduction,
public performance, display, advertising, marketing, lease,
licensing, sale, use, or other distribution of the board's
intellectual property;
(3) obtain under a contract described by Subdivision
(2) a royalty, license right, or other appropriate means of
securing reasonable compensation or thing of nonmonetary value for
the exercise of rights with respect to the board's intellectual
property;
(4) waive, increase, or reduce the amount of
compensation or thing of nonmonetary value secured by a contract
under Subdivision (3) if the executive administrator, with the
approval of the board, determines that the waiver, increase, or
reduction will:
(A) further a goal or mission of the board; and
(B) result in a net benefit to this state; and
(5) enforce rules adopted to implement this section.
Sec. 67.198. PURCHASE, DONATION, AND SALE OF PROMOTIONAL
ITEMS. (a) The executive administrator, with the approval of the
board and on the board's behalf, may purchase, donate, sell, or
contract for the sale of items to promote the programs of the board,
including:
(1) caps or other clothing;
(2) posters;
(3) banners;
(4) calendars;
(5) books;
(67) prints; and
(7) other items as determined by the board.
(b) The board may use its Internet website to advertise and
sell the items described by Subsection (a).
(c) Money received from the sale of a promotional item under
this section shall be deposited in the general revenue fund and may
be used only by the board to further the purposes and programs of
the board.
(d) Section 403.095, Government Code, does not apply to
money deposited in the general revenue fund under this section.
SUBCHAPTER G. JUDICIAL REVIEW
Sec. 67.241. JUDICIAL REVIEW OF ACTS. (a) A person
affected by a ruling, order, decision, or other act of the board may
file a petition to review, set aside, modify, or suspend the act of
the board.
(b) A person affected by a ruling, order, or decision of the
board must file his petition within 30 days after the effective date
of the ruling, order, or decision. A person affected by an act
other than a ruling, order, or decision must file his petition
within 30 days after the date the board performed the act.
Sec. 67.242. REMEDY FOR BOARD OR EXECUTIVE ADMINISTRATOR
INACTION. A person affected by the failure of the board or the
executive administrator to act in a reasonable time on an
application or to perform any other duty with reasonable promptness
may file a petition to compel the board or the executive
administrator to show cause why it should not be directed by the
court to take immediate action.
Sec. 67.243. DILIGENT PROSECUTION OF SUIT. The plaintiff
shall prosecute with reasonable diligence any suit brought under
Section 67.241 or 67.242 of this code. If the plaintiff does not
secure proper service of process or does not prosecute his suit
within one year after it is filed, the court shall presume that the
suit has been abandoned. The court shall dismiss the suit on a
motion for dismissal made by the attorney general unless the
plaintiff after receiving due notice can show good and sufficient
cause for the delay.
Sec. 67.244. VENUE. A suit instituted under Section 67.241
or 67.242 of this code must be brought in a district court in Travis
County.
Sec. 67.245. APPEAL OF DISTRICT COURT JUDGMENT. A judgment
or order of a district court in a suit brought for or against the
board or the executive administrator is appealable as are other
civil cases in which the district court has original jurisdiction.
Sec. 67.2467. APPEAL BY EXECUTIVE ADMINISTRATOR PRECLUDED.
A ruling, order, decision, or other act of the board may not be
appealed by the executive administrator.
Sec. 67.247. LAW SUITS; CITATION. Law suits filed by and
against the board or the executive administrator shall be in the
name of the board. In suits against the board or the executive
administrator, citation may be served on the executive
administrator.
Section 2. This Act takes effect September 1, 2021.