Texas 2023 - 88th Regular

Texas House Bill HB2912 Compare Versions

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11 88R3146 LRM-D
22 By: Metcalf H.B. No. 2912
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the election of the board of directors of the San
88 Jacinto River Authority.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 6, Chapter 426, Acts of the 45th
1111 Legislature, Regular Session, 1937, is amended to read as follows:
1212 Sec. 6. (a) The management and control of all the affairs
1313 of said District shall be vested in, and the powers, rights,
1414 privileges, and functions of the District shall be exercised by, a
1515 Board of Directors consisting of seven [six (6)] members, all of
1616 whom shall be freehold property taxpayers and legal voters of the
1717 State of Texas [and four (4) of whom shall be residents of a county
1818 wholly encompassed by the District].
1919 (b) Members of the [such] Board of Directors shall be
2020 elected at large by voters in the District [appointed by the
2121 Governor for terms of six (6) years. Provided, the present Board of
2222 six (6) directors of said District, appointed by the State Board of
2323 Water Engineers under authority of House Bill No. 1094, Chapter
2424 613, Acts of the Regular Session of the Forty-seventh Legislature,
2525 amending Section 6 of Chapter 426, Acts of the Regular Session of
2626 the Forty-fifth Legislature, as amended by House Bill No. 828,
2727 Chapter 480, Acts of the Regular Session of the Forty-seventh
2828 Legislature, for terms of two (2), four (4), and six (6) years,
2929 shall continue to serve as such until the expiration of the
3030 respective terms for which they were appointed. Upon the
3131 expiration of the terms for which the present members of the Board
3232 of Directors were appointed, the successors of each and all of them
3333 shall be appointed by the Governor for a term of six (6) years].
3434 (c) The Directors shall hold office after their election
3535 [appointment] and qualification until their successors shall be
3636 elected [appointed] and qualified. [Should any vacancy occur in
3737 the Board of Directors, the same shall be filled in like manner by
3838 the Governor for the unexpired term.] The Directors [appointed]
3939 shall, within thirty (30) days after their election [appointment],
4040 qualify by taking the official oath required of County
4141 Commissioners, and shall execute bond in the sum of Five Thousand
4242 Dollars ($5,000) payable to the District, the sufficiency of which
4343 bond shall be determined by the Governor, which bonds after being
4444 recorded in the official bond records of the county in which the
4545 District maintains its office shall be deposited with the
4646 depository selected and approved for the deposit of the funds of the
4747 District.
4848 (d) The Board of Directors shall organize by electing one of
4949 its members President, one Vice-President, one Secretary, and one
5050 Treasurer. Four (4) members, including the presiding officer,
5151 shall constitute a quorum to transact business. The President
5252 shall preside at all meetings of the Board and shall be the chief
5353 executive officer of the District. The Vice-President shall act as
5454 President in case of the absence or disability of the President.
5555 The Secretary shall act as Secretary of the Board and shall be
5656 charged with the duty of keeping a record of all proceedings and all
5757 orders of the Board. The Treasurer shall receive and receipt for
5858 all moneys received by the District and shall keep books and records
5959 of all moneys received and expended. In case of the absence or
6060 inability of the Secretary to act, a Secretary pro tem shall be
6161 selected by the Directors.
6262 (e) The domicile of the District shall be in the City of
6363 Conroe, in the County of Montgomery, Texas, where the District
6464 shall maintain its principal office. The Board of Directors shall
6565 have authority to fix the time, place and number of meetings of such
6666 Board by proper resolutions, regulations and bylaws passed by said
6767 Board. Said Board shall cause to be kept complete and accurate
6868 accounts conforming to approved methods of bookkeeping. Said
6969 accounts and all contracts, documents, and records of the District
7070 shall be kept at said principal office, and same shall be open to
7171 public inspection at all reasonable times.
7272 SECTION 2. Section 30.003(4), Water Code, is amended to
7373 read as follows:
7474 (4) "River authority" means any district or authority
7575 created by the legislature which contains an area within its
7676 boundaries of one or more counties and which is governed by a board
7777 of directors appointed or designated in whole or in part by the
7878 governor, or by the Texas Water Development Board. The term
7979 includes[, including without limitation] the San Antonio River
8080 Authority and the San Jacinto River Authority.
8181 SECTION 3. (a) The San Jacinto River Authority shall hold
8282 the first election to elect directors as described by Section 6,
8383 Chapter 426, Acts of the 45th Legislature, Regular Session, 1937,
8484 as amended by this Act, on the uniform election date in May 2024.
8585 (b) The terms of the directors serving on the board of
8686 directors of the San Jacinto River Authority on the effective date
8787 of this Act expire on the date the directors elected under
8888 Subsection (a) of this section have qualified.
8989 (c) At the first meeting of the board of directors of the San
9090 Jacinto River Authority that follows the election held under
9191 Subsection (a) of this section, the directors shall draw lots to
9292 determine which four directors serve a term of four years and which
9393 three directors serve a term of two years.
9494 SECTION 4. (a) The legal notice of the intention to
9595 introduce this Act, setting forth the general substance of this
9696 Act, has been published as provided by law, and the notice and a
9797 copy of this Act have been furnished to all persons, agencies,
9898 officials, or entities to which they are required to be furnished
9999 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
100100 Government Code.
101101 (b) The governor, one of the required recipients, has
102102 submitted the notice and Act to the Texas Commission on
103103 Environmental Quality.
104104 (c) The Texas Commission on Environmental Quality has filed
105105 its recommendations relating to this Act with the governor, the
106106 lieutenant governor, and the speaker of the house of
107107 representatives within the required time.
108108 (d) All requirements of the constitution and laws of this
109109 state and the rules and procedures of the legislature with respect
110110 to the notice, introduction, and passage of this Act are fulfilled
111111 and accomplished.
112112 SECTION 5. This Act takes effect September 1, 2023.