87R22934 SLB-D
By: Hinojosa S.B. No. 630
(Muñoz, Jr.)
Substitute the following for S.B. No. 630: No.
A BILL TO BE ENTITLED
AN ACT
relating to the directors and administration of the Agua Special
Utility District, including the grounds for removal of a director.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7201.0513, Special District Local Laws
Code, is amended by amending Subsection (a) and adding Subsection
(e) to read as follows:
(a) Each director shall complete an education program of not
less than 10 hours [Before the first election of directors, the
initial board shall establish a program of education for directors]
that includes information on:
(1) the history of the district;
(2) the district's enabling legislation;
(3) Chapters 49 and 65, Water Code, and other laws that
apply to the district, including the requirements of the:
(A) open meetings law, Chapter 551, Government
Code; and
(B) public information law, Chapter 552,
Government Code;
(4) relevant legal developments related to water
district governance;
(5) the duties and responsibilities of the board;
(6) the requirements of conflict of interest laws and
other laws relating to public officials; and
(7) any applicable ethics policies adopted by the
Texas Commission on Environmental Quality or the Texas Ethics
Commission.
(e) The education program must be made available so that
each director may meet the requirements provided by Section
7201.054.
SECTION 2. Section 7201.054(a), Special District Local Laws
Code, is amended to read as follows:
(a) Each [Except for an initial director whose term expires
in 2008, each] director shall complete the education program
established under Section 7201.0513 not later than the 90th day
after [before the first anniversary of] the date on which the
director takes the oath of office [was appointed or elected].
SECTION 3. Subchapter B, Chapter 7201, Special District
Local Laws Code, is amended by adding Section 7201.0555 to read as
follows:
Sec. 7201.0555. ELECTION OF DIRECTORS. (a) The district
shall hold an election on the uniform election date in November of
each even-numbered year to elect the appropriate number of
directors.
(b) The district shall contract with the county elections
administrator as provided by Subchapter D, Chapter 31, Election
Code, to conduct the election of directors.
SECTION 4. Section 7201.058, Special District Local Laws
Code, is amended to read as follows:
Sec. 7201.058. GROUNDS FOR REMOVAL. (a) A director may be
removed from the board by a majority of the other directors if the
director:
(1) does not have at the time of appointment the
qualifications required by Section 7201.055(b);
(2) [does not complete the initial board training
required by Section 7201.0512;
[(3)] does not complete the education program required
by Section 7201.054;
(3) [(4)] does not meet the eligibility requirements
under Section 7201.072;
(4) [or (5)] fails to comply with Section 7201.071; or
(5) misses one-half or more of the regularly scheduled
meetings during the preceding 12 months.
(b) The board shall adopt procedures for the removal of a
director under this section that are designed to provide due
process to the director. Procedures adopted under this subsection
must include reasonable notice and public hearing. Reasonable
notice and a public hearing are not required if the director to be
removed expressly waives the notice and hearing in writing.
SECTION 5. Section 7201.071, Special District Local Laws
Code, is amended to read as follows:
Sec. 7201.071. PROHIBITED CONDUCT FOR DIRECTORS AND
DISTRICT EMPLOYEES. A director or district employee may not:
(1) accept or solicit any gift, favor, or service
that:
(A) might reasonably influence the director or
employee in the discharge of an official duty; or
(B) the director or employee knows or should know
is offered with the intent to influence the director's or employee's
official conduct;
(2) accept other employment or engage in a business or
professional activity that the director or employee might
reasonably expect would require or induce the director or employee
to disclose confidential information acquired in the course of the
director's or employee's duties under this chapter;
(3) accept other employment or compensation that could
reasonably be expected to impair the director's or employee's
independent judgment in the performance of the director's or
employee's duties under this chapter;
(4) make personal investments that could reasonably be
expected to create a substantial conflict between the director's or
employee's private interest and the interest of the district;
(5) intentionally or knowingly solicit, accept, or
agree to accept a benefit for the director's or employee's exercise
of powers under this chapter or performance of duties under this
chapter in favor of a third party; [or]
(6) have a personal interest in an agreement executed
by the district; or
(7) be employed by, participate in the management of,
or have a substantial interest in a business entity or other
organization, other than a governmental entity, that receives money
from the district.
SECTION 6. Subchapter B-1, Chapter 7201, Special District
Local Laws Code, is amended by adding Section 7201.074 to read as
follows:
Sec. 7201.074. LOCATION OF CERTAIN MEETINGS. A meeting at
which the board or the general manager discusses the annual budget
of the district must be held inside the district.
SECTION 7. A member of the board of directors of the Agua
Special Utility District serving on the effective date of this Act
shall continue in office until the member's successor qualifies for
office.
SECTION 8. (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 9. 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.