87R6139 ANG-D
By: Lucio S.B. No. 716
A BILL TO BE ENTITLED
AN ACT
relating to the San Jacinto River Authority, following
recommendations of the Sunset Advisory Commission; specifying
grounds for the removal of a member of the board of directors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Chapter 426, Acts of the 45th
Legislature, Regular Session, 1937, is amended to read as follows:
Sec. 6. The management and control of all the affairs of
said District shall be vested in, and the powers, rights,
privileges, and functions of the District shall be exercised by a
Board of Directors consisting of six (6) members, all of whom shall
be freehold property taxpayers and legal voters of the State of
Texas and four (4) of whom shall be residents of a county wholly
encompassed by the District. Members of such Board of Directors
shall be appointed by the Governor for terms of six (6) years.
[Provided, the present Board of six (6) directors of said District,
appointed by the State Board of Water Engineers under authority of
House Bill No. 1094, Chapter 613, Acts of the Regular Session of the
Forty-seventh Legislature, amending Section 6 of Chapter 426, Acts
of the Regular Session of the Forty-fifth Legislature, as amended
by House Bill No. 828, Chapter 480, Acts of the Regular Session of
the Forty-seventh Legislature, for terms of two (2), four (4), and
six (6) years, shall continue to serve as such until the expiration
of the respective terms for which they were appointed. Upon the
expiration of the terms for which the present members of the Board
of Directors were appointed, the successors of each and all of them
shall be appointed by the Governor for a term of six (6) years.]
The Directors shall hold office after their appointment and
qualification until their successors shall be appointed and
qualified. Should any vacancy occur in the Board of Directors, the
same shall be filled in like manner by the Governor for the
unexpired term. The Directors appointed shall, within thirty (30)
days after their appointment, qualify by taking the official oath
required of County Commissioners, and shall execute bond in the sum
of Five Thousand Dollars ($5,000) payable to the District, the
sufficiency of which bond shall be determined by the Governor,
which bonds after being recorded in the official bond records of the
county in which the District maintains its office shall be
deposited with the depository selected and approved for the deposit
of the funds of the District.
The Governor shall designate a Director as the President of
the Board to serve in that capacity at the pleasure of the Governor.
The Board of Directors shall organize by electing one of its members
[President, one] Vice-President, one Secretary, and one Treasurer.
Four (4) members, including the President [presiding officer],
shall constitute a quorum to transact business. The President
shall preside at all meetings of the Board and shall be the chief
executive officer of the District. The Vice-President shall act as
President in case of the absence or disability of the President.
The Secretary shall act as Secretary of the Board and shall be
charged with the duty of keeping a record of all proceedings and all
orders of the Board. The Treasurer shall receive and receipt for
all moneys received by the District and shall keep books and records
of all moneys received and expended. In case of the absence or
inability of the Secretary to act, a Secretary pro tem shall be
selected by the Directors.
The domicile of the District shall be in the City of Conroe,
in the County of Montgomery, Texas, where the District shall
maintain its principal office. The Board of Directors shall have
authority to fix the time, place and number of meetings of such
Board by proper resolutions, regulations and bylaws passed by said
Board. Said Board shall cause to be kept complete and accurate
accounts conforming to approved methods of bookkeeping. Said
accounts and all contracts, documents, and records of the District
shall be kept at said principal office, and same shall be open to
public inspection at all reasonable times.
SECTION 2. Chapter 426, Acts of the 45th Legislature,
Regular Session, 1937, is amended by adding Sections 6A, 6B, 6C, 6D,
6E, and 6F to read as follows:
Sec. 6A. (a) It is a ground for removal from the Board that
a Director:
(1) does not have at the time of taking office the
qualifications required by Section 6 of this Act;
(2) does not maintain during service on the Board the
qualifications required by Section 6 of this Act;
(3) is ineligible for directorship under Chapter 171,
Local Government Code;
(4) cannot, because of illness or disability,
discharge the Director's duties for a substantial part of the
Director's term; or
(5) is absent from more than half of the regularly
scheduled Board meetings that the Director 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 Director
exists.
(c) If the general manager has knowledge that a potential
ground for removal exists, the general manager shall notify the
President of the Board of the potential ground. The President shall
then notify the Governor and the Attorney General that a potential
ground for removal exists. If the potential ground for removal
involves the President, the general manager shall notify the next
highest ranking Director, who shall then notify the Governor and
the Attorney General that a potential ground for removal exists.
Sec. 6B. (a) A person who is appointed to and qualifies for
office as a Director may not vote, deliberate, or be counted as a
Director 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 law governing Authority operations;
(2) the programs, functions, rules, and budget of the
Authority;
(3) the scope of and limitations on the rulemaking
authority of the Authority;
(4) the results of the most recent formal audit of the
Authority;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
governing body of a river authority in performing their duties; and
(6) any applicable ethics policies adopted by the
Authority or the Texas Ethics Commission.
(c) A person appointed to the Board is entitled to
reimbursement 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.
(d) The general manager of the Authority shall create a
training manual that includes the information required by
Subsection (b) of this section. The general manager shall
distribute a copy of the training manual annually to each Director.
Each Director shall sign and submit to the general manager a
statement acknowledging that the Director received and has reviewed
the training manual.
Sec. 6C. The Board shall develop and implement policies
that clearly separate the policy-making responsibilities of the
Board and the management responsibilities of the general manager
and the staff of the Authority.
Sec. 6D. (a) The Authority shall maintain a system to
promptly and efficiently act on complaints filed with the
Authority. The Authority 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 its
disposition.
(b) The Authority shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The Authority shall periodically notify the complaint
parties of the status of the complaint until final disposition,
unless the notice would jeopardize an investigation.
Sec. 6E. The Board shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the Board and to speak on any issue under the jurisdiction of
the Authority.
Sec. 6F. The Board shall develop and implement a
comprehensive policy that provides a structure for public
engagement in advance of major actions and projects. The policy
must include a clear and detailed description of how the Authority
will seek to actively engage stakeholders, including the possible
use of:
(1) advisory committees;
(2) community panels;
(3) town hall meetings;
(4) surveys; and
(5) other strategies on a recurring basis.
SECTION 3. Notwithstanding Section 6B, Chapter 426, Acts of
the 45th Legislature, Regular Session, 1937, as added by this Act, a
person serving on the board of directors of the San Jacinto River
Authority may vote, deliberate, and be counted as a director in
attendance at a meeting of the board until December 1, 2021.
SECTION 4. (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 5. This Act takes effect September 1, 2021.