Texas 2023 - 88th Regular

Texas House Bill HB1540 Compare Versions

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1	1	H.B. No. 1540
2	2
3	3
4	4	AN ACT
5	5	relating to the San Jacinto River Authority, following
6	6	recommendations of the Sunset Advisory Commission; specifying
7	7	grounds for the removal of a member of the board of directors.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1A(a), Chapter 426, Acts of the 45th
10	10	Legislature, Regular Session, 1937, is amended to read as follows:
11	11	(a) The District is subject to review under Chapter 325,
12	12	Government Code (Texas Sunset Act), but may not be abolished under
13	13	that chapter. The review shall be conducted under Section 325.025,
14	14	Government Code, as if the District were a state agency scheduled to
15	15	be abolished September 1, 2035 [2023], and every 12th year after
16	16	that year.
17	17	SECTION 2. Section 6, Chapter 426, Acts of the 45th
18	18	Legislature, Regular Session, 1937, is amended to read as follows:
19	19	Sec. 6. The management and control of all the affairs of
20	20	said District shall be vested in, and the powers, rights,
21	21	privileges, and functions of the District shall be exercised by a
22	22	Board of Directors consisting of seven [six (6)] members, all of
23	23	whom shall be freehold property taxpayers and legal voters of the
24	24	State of Texas and four (4) of whom shall be residents of a county
25	25	wholly encompassed by the District. Members of such Board of
26	26	Directors shall be appointed by the Governor for terms of four [six
27	27	(6)] years. [Provided, the present Board of six (6) directors of
28	28	said District, appointed by the State Board of Water Engineers
29	29	under authority of House Bill No. 1094, Chapter 613, Acts of the
30	30	Regular Session of the Forty-seventh Legislature, amending Section
31	31	6 of Chapter 426, Acts of the Regular Session of the Forty-fifth
32	32	Legislature, as amended by House Bill No. 828, Chapter 480, Acts of
33	33	the Regular Session of the Forty-seventh Legislature, for terms of
34	34	two (2), four (4), and six (6) years, shall continue to serve as
35	35	such until the expiration of the respective terms for which they
36	36	were appointed. Upon the expiration of the terms for which the
37	37	present members of the Board of Directors were appointed, the
38	38	successors of each and all of them shall be appointed by the
39	39	Governor for a term of six (6) years.]
40	40	The Directors shall hold office after their appointment and
41	41	qualification until their successors shall be appointed and
42	42	qualified. Should any vacancy occur in the Board of Directors, the
43	43	same shall be filled in like manner by the Governor for the
44	44	unexpired term. The Directors appointed shall, within thirty (30)
45	45	days after their appointment, qualify by taking the official oath
46	46	required of County Commissioners, and shall execute bond in the sum
47	47	of Five Thousand Dollars ($5,000) payable to the District, the
48	48	sufficiency of which bond shall be determined by the Governor,
49	49	which bonds after being recorded in the official bond records of the
50	50	county in which the District maintains its office shall be
51	51	deposited with the depository selected and approved for the deposit
52	52	of the funds of the District.
53	53	The Governor shall designate a Director as the President of
54	54	the Board to serve in that capacity at the pleasure of the Governor.
55	55	The Board of Directors shall organize by electing one of its members
56	56	[President, one] Vice-President, one Secretary, and one Treasurer.
57	57	Four (4) members, including the President [presiding officer],
58	58	shall constitute a quorum to transact business. The President
59	59	shall preside at all meetings of the Board and shall be the chief
60	60	executive officer of the District. The Vice-President shall act as
61	61	President in case of the absence or disability of the President.
62	62	The Secretary shall act as Secretary of the Board and shall be
63	63	charged with the duty of keeping a record of all proceedings and all
64	64	orders of the Board. The Treasurer shall receive and receipt for
65	65	all moneys received by the District and shall keep books and records
66	66	of all moneys received and expended. In case of the absence or
67	67	inability of the Secretary to act, a Secretary pro tem shall be
68	68	selected by the Directors.
69	69	The domicile of the District shall be in the City of Conroe,
70	70	in the County of Montgomery, Texas, where the District shall
71	71	maintain its principal office. The Board of Directors shall have
72	72	authority to fix the time, place and number of meetings of such
73	73	Board by proper resolutions, regulations and bylaws passed by said
74	74	Board. Said Board shall cause to be kept complete and accurate
75	75	accounts conforming to approved methods of bookkeeping. Said
76	76	accounts and all contracts, documents, and records of the District
77	77	shall be kept at said principal office, and same shall be open to
78	78	public inspection at all reasonable times.
79	79	SECTION 3. Chapter 426, Acts of the 45th Legislature,
80	80	Regular Session, 1937, is amended by adding Sections 6A, 6B, 6C, 6D,
81	81	6E, and 6F to read as follows:
82	82	Sec. 6A. (a) It is a ground for removal from the Board of
83	83	Directors that a Director:
84	84	(1) does not have at the time of taking office the
85	85	qualifications required by Section 6 of this Act;
86	86	(2) does not maintain during service on the Board the
87	87	qualifications required by Section 6 of this Act;
88	88	(3) is ineligible for directorship under Chapter 171,
89	89	Local Government Code;
90	90	(4) cannot, because of illness or disability,
91	91	discharge the Director's duties for a substantial part of the
92	92	Director's term; or
93	93	(5) is absent from more than half of the regularly
94	94	scheduled Board meetings that the Director is eligible to attend
95	95	during a calendar year without an excuse approved by a majority vote
96	96	of the Board.
97	97	(b) The validity of an action of the Board is not affected by
98	98	the fact that it is taken when a ground for removal of a Director
99	99	exists.
100	100	(c) If the general manager has knowledge that a potential
101	101	ground for removal exists, the general manager shall notify the
102	102	President of the Board of the potential ground. The President shall
103	103	then notify the Governor and the Attorney General that a potential
104	104	ground for removal exists. If the potential ground for removal
105	105	involves the President, the general manager shall notify the next
106	106	highest ranking Director, who shall then notify the Governor and
107	107	the Attorney General that a potential ground for removal exists.
108	108	Sec. 6B. (a) A person who is appointed to and qualifies for
109	109	office as a Director may not vote, deliberate, or be counted as a
110	110	Director in attendance at a meeting of the Board of Directors until
111	111	the person completes a training program that complies with this
112	112	section.
113	113	(b) The training program must provide the person with
114	114	information regarding:
115	115	(1) the law governing District operations;
116	116	(2) the programs, functions, rules, and budget of the
117	117	District;
118	118	(3) the scope of and limitations on the rulemaking
119	119	authority of the District;
120	120	(4) the results of the most recent formal audit of the
121	121	District;
122	122	(5) the requirements of:
123	123	(A) laws relating to open meetings, public
124	124	information, administrative procedure, and disclosing conflicts of
125	125	interest; and
126	126	(B) other laws applicable to members of the
127	127	governing body of a river authority in performing their duties; and
128	128	(6) any applicable ethics policies adopted by the
129	129	District or the Texas Ethics Commission.
130	130	(c) A person appointed to the Board is entitled to
131	131	reimbursement for the travel expenses incurred in attending the
132	132	training program regardless of whether the attendance at the
133	133	program occurs before or after the person qualifies for office.
134	134	(d) The general manager of the District shall create a
135	135	training manual that includes the information required by
136	136	Subsection (b) of this section. The general manager shall
137	137	distribute a copy of the training manual annually to each Director.
138	138	Each Director shall sign and submit to the general manager a
139	139	statement acknowledging that the Director received and has reviewed
140	140	the training manual.
141	141	Sec. 6C. The Board of Directors shall develop and implement
142	142	policies that clearly separate the policy-making responsibilities
143	143	of the Board and the management responsibilities of the general
144	144	manager and the staff of the District.
145	145	Sec. 6D. (a) The District shall maintain a system to
146	146	promptly and efficiently act on complaints filed with the District.
147	147	The District shall maintain information about parties to the
148	148	complaint, the subject matter of the complaint, a summary of the
149	149	results of the review or investigation of the complaint, and its
150	150	disposition.
151	151	(b) The District shall make information available
152	152	describing its procedures for complaint investigation and
153	153	resolution.
154	154	(c) The District shall periodically notify the complaint
155	155	parties of the status of the complaint until final disposition,
156	156	unless the notice would jeopardize an investigation.
157	157	Sec. 6E. The Board of Directors shall develop and implement
158	158	policies that provide the public with a reasonable opportunity to
159	159	appear before the Board and to speak on any issue under the
160	160	jurisdiction of the District.
161	161	Sec. 6F. The Board of Directors shall develop and implement
162	162	a comprehensive policy that provides a structure for public
163	163	engagement in advance of major actions and projects. The policy
164	164	must include a clear and detailed description of how the District
165	165	will seek to actively engage stakeholders, including the possible
166	166	use of:
167	167	(1) advisory committees;
168	168	(2) community panels;
169	169	(3) town hall meetings;
170	170	(4) surveys; and
171	171	(5) other strategies on a recurring basis.
172	172	SECTION 4. The member of the board of directors of the San
173	173	Jacinto River Authority whose term expires in November 2027 shall
174	174	continue in office until the member's successor is appointed to and
175	175	qualifies for a term of four years beginning in October 2027.
176	176	SECTION 5. (a) Except as provided by Subsection (b) of
177	177	this section, Section 6B, Chapter 426, Acts of the 45th
178	178	Legislature, Regular Session, 1937, as added by this Act, applies
179	179	to a member of the board of directors of the San Jacinto River
180	180	Authority appointed before, on, or after the effective date of this
181	181	Act.
182	182	(b) Notwithstanding Section 6B, Chapter 426, Acts of the
183	183	45th Legislature, Regular Session, 1937, as added by this Act, a
184	184	person serving on the board of directors of the San Jacinto River
185	185	Authority may vote, deliberate, and be counted as a director in
186	186	attendance at a meeting of the board until December 1, 2023. A
187	187	director may not vote, deliberate, or be counted as a member in
188	188	attendance at a meeting of the board held on or after December 1,
189	189	2023, until the member completes the training required by that
190	190	section.
191	191	SECTION 6. (a) The legal notice of the intention to
192	192	introduce this Act, setting forth the general substance of this
193	193	Act, has been published as provided by law, and the notice and a
194	194	copy of this Act have been furnished to all persons, agencies,
195	195	officials, or entities to which they are required to be furnished
196	196	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
197	197	Government Code.
198	198	(b) The governor, one of the required recipients, has
199	199	submitted the notice and Act to the Texas Commission on
200	200	Environmental Quality.
201	201	(c) The Texas Commission on Environmental Quality has filed
202	202	its recommendations relating to this Act with the governor, the
203	203	lieutenant governor, and the speaker of the house of
204	204	representatives within the required time.
205	205	(d) All requirements of the constitution and laws of this
206	206	state and the rules and procedures of the legislature with respect
207	207	to the notice, introduction, and passage of this Act are fulfilled
208	208	and accomplished.
209	209	SECTION 7. This Act takes effect September 1, 2023.
210	210	______________________________ ______________________________
211	211	President of the Senate Speaker of the House
212	212	I certify that H.B. No. 1540 was passed by the House on April
213	213	28, 2023, by the following vote: Yeas 145, Nays 2, 1 present, not
214	214	voting; and that the House concurred in Senate amendments to H.B.
215	215	No. 1540 on May 25, 2023, by the following vote: Yeas 135, Nays 0,
216	216	1 present, not voting.
217	217	______________________________
218	218	Chief Clerk of the House
219	219	I certify that H.B. No. 1540 was passed by the Senate, with
220	220	amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
221	221	0.
222	222	______________________________
223	223	Secretary of the Senate
224	224	APPROVED: __________________
225	225	Date
226	226	__________________
227	227	Governor