88R20046 LRM-D
By: Clardy H.B. No. 1525
A BILL TO BE ENTITLED
AN ACT
relating to the Lavaca-Navidad River Authority, following the
recommendations of the Sunset Advisory Commission; altering terms
of the board of directors; 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 1(a), Chapter 186, Acts of the 50th
Legislature, Regular Session, 1947, as amended by Chapter 1224,
Acts of the 78th Legislature, Regular Session, 2003, is reenacted
to read as follows:
(a) There is hereby created and established within the State
of Texas, in addition to the Districts into which the state has
heretofore been divided, a Conservation and Reclamation District to
be known as the Lavaca-Navidad River Authority, (hereinafter called
the District), and consisting of that part of the State of Texas
which is known as and included within the boundaries of Jackson
County, Texas (the boundaries of the District being coextensive
with the boundaries of Jackson County, Texas, and the District
including all of the lands and other property, both real and
personal, within the boundaries of said county). Such District
shall be a governmental agency and body politic and corporate, with
the powers of government and with the authority to exercise the
rights, privileges, and functions hereinafter specified, the
creation and establishment of such District being essential to the
accomplishment of the purposes of Section 59 of Article XVI,
Constitution of Texas, including the control, storing,
preservation, and distribution of the storm and flood waters, and
the waters of the rivers and streams of Jackson County and their
tributaries, inside and outside the boundaries of the District, for
domestic, municipal, flood control, irrigation, agricultural,
mining and recovery of minerals, hydroelectric power, navigation,
recreation and pleasure, public parks, game preserves, and other
useful purposes, the development of parks on lands owned or
acquired by the District, the reclamation and drainage of the
overflow land of Jackson County, the conservation and development
of forests, financing of and aiding in the development of
facilities located on lands owned by the District for the
generation, transmission, and sale of electric power and energy
inside or outside the boundaries of the District, and to aid in the
protection and promotion of navigation on the navigable waters by
regulating the flood and storm waters that flow into said navigable
streams. In addition, the District may discover, develop, and
produce groundwater within the boundaries of the Lavaca River Basin
for use within that portion of a county located within the
boundaries of the Lavaca River Basin where groundwater is
discovered, developed, and produced and may coordinate and contract
with groundwater conservation districts to engage in conjunctive
groundwater and surface water management.
SECTION 2. Section 1, Chapter 186, Acts of the 50th
Legislature, Regular Session, 1947, is amended by amending
Subsections (b) and (c) and adding Subsections (b-1) and (c-1) to
read as follows:
(b) The management and control of the District shall be
vested in a Board of Directors consisting of nine (9) members, who
must reside within the District and shall be freehold property
taxpayers and legal voters of the State of Texas. The members of
the Board of Directors shall be appointed by the Governor of Texas
with the advice and consent of the Senate. As soon as practicable
after the passage of this Act (as hereby amended), the members of
the Board of Directors shall be appointed (hereinafter referred to
as "First Board"). In appointing the members of the First Board,
the Governor shall appoint three (3) members to serve until May 1,
1961, and until their successors are appointed and qualified, three
(3) members to serve until May 1, 1963, and until their successors
are appointed and qualified, and three (3) members to serve until
May 1, 1965, and until their successors are appointed and
qualified. Except for the First Board, the terms of office of the
members of the Board of Directors shall be for four [six (6)] years
ending on May 1st, and until their successors are appointed and
qualified, with either four or five [three (3)] members to be
appointed during the month of April of each odd-numbered year by the
Governor to succeed the members whose terms of office shall expire
on the following May 1st. If a vacancy on the Board of Directors
occurs because of the resignation or death of a member, or
otherwise, the Governor shall fill the same for the unexpired term
by the appointment of a successor member. Each Director shall
qualify by taking the official oath of office and filing a good and
sufficient bond with the Secretary of State in the amount of One
Thousand Dollars ($1,000.), which shall be payable to the District,
conditioned upon the faithful performance of his (or her) official
duties as a Director.
(b-1) A person may not be a member of 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 providing goods or
services to the District;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization providing goods or services to the District; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the District other than compensation
or reimbursement authorized by law for Board membership,
attendance, or expenses.
(c) The Board of Directors shall meet at such times and
places as it shall designate, and shall hold regular and special
meetings as it shall see fit. Said Board shall organize by electing
one of its members as [President, one as] Vice President, one as
Secretary, and one as Treasurer (provided that the offices of
Secretary and Treasurer may be combined into one office of
Secretary-Treasurer upon a majority vote of the members of the
Board). The Governor shall designate a Director as the President of
the Board to serve in that capacity at the pleasure of the Governor.
Except for the First Board, such officers shall serve for a term of
one (1) year, and annually during the month of May said Board shall
elect such officers. Special meetings of the Board may be called by
the President or by any three members, and a majority of the members
shall constitute a quorum to transact any and all business. A
majority vote of the members present at any regular or special
meeting shall be sufficient for the adoption of any proceedings or
for the taking of any official action.
(c-1) The Board shall appoint a general manager of the
District.
SECTION 3. Section 1A(a), Chapter 186, Acts of the 50th
Legislature, Regular Session, 1947, is amended to read as follows:
(a) The District is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the District were a state agency scheduled to
be abolished September 1, 2035 [2023], and every 12th year after
that year.
SECTION 4. Chapter 186, Acts of the 50th Legislature,
Regular Session, 1947, is amended by adding Sections 1B, 1C, 1D, 1E,
and 1F to read as follows:
Sec. 1B. (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 1 of this Act;
(2) does not maintain during service on the Board the
qualifications required by Section 1 of this Act;
(3) violates 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. 1C. (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 District operations;
(2) the programs, functions, rules, and budget of the
District;
(3) the scope of and limitations on the rulemaking
authority of the District;
(4) the results of the most recent formal audit of the
District;
(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
District 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 District 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. 1D. 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 District.
Sec. 1E. (a) The District shall maintain a system to
promptly and efficiently act on complaints filed with the District.
The District 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 District shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The District shall periodically notify the complaint
parties of the status of the complaint until final disposition,
unless the notice would jeopardize an investigation.
Sec. 1F. 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 District.
SECTION 5. The following provisions are repealed:
(1) Section 1(a), Chapter 22, Acts of the 56th
Legislature, 3rd Called Session, 1959; and
(2) Chapter 417, Acts of the 61st Legislature, Regular
Session, 1969.
SECTION 6. (a) The legislature validates and confirms all
governmental acts and proceedings of the Lavaca-Navidad River
Authority that were taken before the effective date of this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 7. At the first meeting of the board of the
Lavaca-Navidad River Authority that follows the effective date of
this Act, the six directors of the Lavaca-Navidad River Authority
whose terms do not expire on May 1, 2025, shall draw lots to
determine which director will serve a term that expires on May 1,
2025, and which five directors will serve terms that expire on May
1, 2027. The three directors with terms expiring on May 1, 2025,
will serve terms that expire on that date.
SECTION 8. Notwithstanding Section 1C, Chapter 186, Acts of
the 50th Legislature, Regular Session, 1947, as added by this Act, a
person serving on the board of directors of the Lavaca-Navidad
River Authority may vote, deliberate, and be counted as a director
in attendance at a meeting of the board until December 1, 2023.
SECTION 9. (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 10. This Act takes effect September 1, 2023.