Texas 2021 - 87th Regular

Texas Senate Bill SB630 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 630
	1	+	87R22934 SLB-D
	2	+	By: Hinojosa S.B. No. 630
	3	+	(Muñoz, Jr.)
	4	+	Substitute the following for S.B. No. 630: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the directors and administration of the Agua Special
6	10		Utility District, including the grounds for removal of a director.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 7201.0513, Special District Local Laws
9	13		Code, is amended by amending Subsection (a) and adding Subsection
10	14		(e) to read as follows:
11	15		(a) Each director shall complete an education program of not
12	16		less than 10 hours [Before the first election of directors, the
13	17		initial board shall establish a program of education for directors]
14	18		that includes information on:
15	19		(1) the history of the district;
16	20		(2) the district's enabling legislation;
17	21		(3) Chapters 49 and 65, Water Code, and other laws that
18	22		apply to the district, including the requirements of the:
19	23		(A) open meetings law, Chapter 551, Government
20	24		Code; and
21	25		(B) public information law, Chapter 552,
22	26		Government Code;
23	27		(4) relevant legal developments related to water
24	28		district governance;
25	29		(5) the duties and responsibilities of the board;
26	30		(6) the requirements of conflict of interest laws and
27	31		other laws relating to public officials; and
28	32		(7) any applicable ethics policies adopted by the
29	33		Texas Commission on Environmental Quality or the Texas Ethics
30	34		Commission.
31	35		(e) The education program must be made available so that
32	36		each director may meet the requirements provided by Section
33	37		7201.054.
34	38		SECTION 2. Section 7201.054(a), Special District Local Laws
35	39		Code, is amended to read as follows:
36	40		(a) Each [Except for an initial director whose term expires
37	41		in 2008, each] director shall complete the education program
38	42		established under Section 7201.0513 not later than the 90th day
39	43		after [before the first anniversary of] the date on which the
40	44		director takes the oath of office [was appointed or elected].
41	45		SECTION 3. Subchapter B, Chapter 7201, Special District
42	46		Local Laws Code, is amended by adding Section 7201.0555 to read as
43	47		follows:
44	48		Sec. 7201.0555. ELECTION OF DIRECTORS. (a) The district
45	49		shall hold an election on the uniform election date in November of
46	50		each even-numbered year to elect the appropriate number of
47	51		directors.
48	52		(b) The district shall contract with the county elections
49	53		administrator as provided by Subchapter D, Chapter 31, Election
50	54		Code, to conduct the election of directors.
51	55		SECTION 4. Section 7201.058, Special District Local Laws
52	56		Code, is amended to read as follows:
53	57		Sec. 7201.058. GROUNDS FOR REMOVAL. (a) A director may be
54	58		removed from the board by a majority of the other directors if the
55	59		director:
56	60		(1) does not have at the time of appointment the
57	61		qualifications required by Section 7201.055(b);
58	62		(2) [does not complete the initial board training
59	63		required by Section 7201.0512;
60	64		[(3)] does not complete the education program required
61	65		by Section 7201.054;
62	66		(3) [(4)] does not meet the eligibility requirements
63	67		under Section 7201.072;
64	68		(4) [or (5)] fails to comply with Section 7201.071; or
65	69		(5) misses one-half or more of the regularly scheduled
66	70		meetings during the preceding 12 months.
67	71		(b) The board shall adopt procedures for the removal of a
68	72		director under this section that are designed to provide due
69	73		process to the director. Procedures adopted under this subsection
70	74		must include reasonable notice and public hearing. Reasonable
71	75		notice and a public hearing are not required if the director to be
72	76		removed expressly waives the notice and hearing in writing.
73	77		SECTION 5. Section 7201.071, Special District Local Laws
74	78		Code, is amended to read as follows:
75	79		Sec. 7201.071. PROHIBITED CONDUCT FOR DIRECTORS AND
76	80		DISTRICT EMPLOYEES. A director or district employee may not:
77	81		(1) accept or solicit any gift, favor, or service
78	82		that:
79	83		(A) might reasonably influence the director or
80	84		employee in the discharge of an official duty; or
81	85		(B) the director or employee knows or should know
82	86		is offered with the intent to influence the director's or employee's
83	87		official conduct;
84	88		(2) accept other employment or engage in a business or
85	89		professional activity that the director or employee might
86	90		reasonably expect would require or induce the director or employee
87	91		to disclose confidential information acquired in the course of the
88	92		director's or employee's duties under this chapter;
89	93		(3) accept other employment or compensation that could
90	94		reasonably be expected to impair the director's or employee's
91	95		independent judgment in the performance of the director's or
92	96		employee's duties under this chapter;
93	97		(4) make personal investments that could reasonably be
94	98		expected to create a substantial conflict between the director's or
95	99		employee's private interest and the interest of the district;
96	100		(5) intentionally or knowingly solicit, accept, or
97	101		agree to accept a benefit for the director's or employee's exercise
98	102		of powers under this chapter or performance of duties under this
99	103		chapter in favor of a third party; [or]
100	104		(6) have a personal interest in an agreement executed
101	105		by the district; or
102	106		(7) be employed by, participate in the management of,
103	107		or have a substantial interest in a business entity or other
104	108		organization, other than a governmental entity, that receives money
105	109		from the district.
106	110		SECTION 6. Subchapter B-1, Chapter 7201, Special District
107	111		Local Laws Code, is amended by adding Section 7201.074 to read as
108	112		follows:
109	113		Sec. 7201.074. LOCATION OF CERTAIN MEETINGS. A meeting at
110	114		which the board or the general manager discusses the annual budget
111	115		of the district must be held inside the district.
112	116		SECTION 7. A member of the board of directors of the Agua
113	117		Special Utility District serving on the effective date of this Act
114	118		shall continue in office until the member's successor qualifies for
115	119		office.
116	120		SECTION 8. (a) The legal notice of the intention to
117	121		introduce this Act, setting forth the general substance of this
118	122		Act, has been published as provided by law, and the notice and a
119	123		copy of this Act have been furnished to all persons, agencies,
120	124		officials, or entities to which they are required to be furnished
121	125		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
122	126		Government Code.
123	127		(b) The governor, one of the required recipients, has
124	128		submitted the notice and Act to the Texas Commission on
125	129		Environmental Quality.
126	130		(c) The Texas Commission on Environmental Quality has filed
127	131		its recommendations relating to this Act with the governor, the
128	132		lieutenant governor, and the speaker of the house of
129	133		representatives within the required time.
130	134		(d) All requirements of the constitution and laws of this
131	135		state and the rules and procedures of the legislature with respect
132	136		to the notice, introduction, and passage of this Act are fulfilled
133	137		and accomplished.
134	138		SECTION 9. This Act takes effect immediately if it receives
135	139		a vote of two-thirds of all the members elected to each house, as
136	140		provided by Section 39, Article III, Texas Constitution. If this
137	141		Act does not receive the vote necessary for immediate effect, this
138	142		Act takes effect September 1, 2021.
139		-	______________________________ ______________________________
140		-	President of the Senate Speaker of the House
141		-	I hereby certify that S.B. No. 630 passed the Senate on
142		-	April 13, 2021, by the following vote: Yeas 31, Nays 0; and that
143		-	the Senate concurred in House amendment on May 27, 2021, by the
144		-	following vote: Yeas 31, Nays 0.
145		-	______________________________
146		-	Secretary of the Senate
147		-	I hereby certify that S.B. No. 630 passed the House, with
148		-	amendment, on May 18, 2021, by the following vote: Yeas 124,
149		-	Nays 13, two present not voting.
150		-	______________________________
151		-	Chief Clerk of the House
152		-	Approved:
153		-	______________________________
154		-	Date
155		-	______________________________
156		-	Governor