88R6320 MP-D
By: Troxclair H.B. No. 5226
A BILL TO BE ENTITLED
AN ACT
relating to the addition of two new elected members to the board of
directors of the Lower Colorado River Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8503.006, Special District Local Laws
Code, is amended by amending Subsections (a), (b), (c), (d), (e),
(f), and (k) and adding Subsection (c-1) to read as follows:
(a) The powers, rights, privileges, and functions of the
authority shall be exercised by the board. The board shall consist
of 17 [15] directors and shall include at least one director from
each of the counties named in Section 8503.003 except Travis
County, which shall have two directors. Three directors shall be
appointed at large from the counties served with electric power,
other than the counties included in Section 8503.003. Two
directors shall be elected at large from the entire district,
including the counties that receive water or electricity from the
district.
(b) This subsection applies only to appointed directors. A
director appointed at large may not serve for a period of more than
six consecutive years. A county other than a county included in
Section 8503.003 may not be represented on the board for more than
six consecutive years. A county other than Travis County may not
have two directors for a period greater than six consecutive years.
(c) All directors [shall be] appointed by the governor with
the advice and consent of the senate serve [for] staggered terms of
six years, with five members' terms expiring on February 1 of each
odd-numbered year.
(c-1) An elected director serves a six-year term. The
authority shall hold an election to elect two directors on the
uniform election date in November of an even-numbered year, with
the term of the elected directors to begin the following February 1.
(d) Each appointed director must be a resident and freehold
property taxpayer of the county from which the director is
appointed and must have been a resident and taxpayer of that county
for not less than the two years preceding the director's
appointment. Not more than two appointed directors may be
residents of the same county.
(e) A person is not eligible for appointment or election as
a director if the person has, during the three years preceding the
person's appointment, been employed by an electric power and light
company, a telephone company, or any other utility company.
(f) At the expiration of the term of an appointed [a]
director, a successor shall be appointed by the governor with the
advice and consent of the senate. Each appointed director shall
hold office until the expiration of the term for which the director
was appointed and until a successor has been appointed and has
qualified, unless removed sooner as provided by this section.
(k) Nine [Eight] directors constitute a quorum at any
meeting and, except as otherwise provided by this chapter or in the
bylaws, all action may be taken by the affirmative vote of a
majority of the directors present at any meeting, except that
bonds, notes, or other evidence of indebtedness are subject to the
requirements of Sections 8503.004(p) and 8503.013(f), and no
amendment of the bylaws shall be valid unless authorized or
ratified by the affirmative vote of at least eight directors,
unless otherwise specifically provided by this chapter.
SECTION 2. Section 8503.004(p), Special District Local Laws
Code, is amended to read as follows:
(p) The authority may borrow money for its corporate
purposes on notes or other written evidence of indebtedness for a
period not to exceed five years as may be authorized from time to
time by an affirmative vote of 13 [12] members of the board and
repay the loans or indebtedness from the proceeds of bonds of the
authority at the next bond offering. The authority may borrow money
and accept grants from the United States, this state, or any
corporation or agency created or designated by the United States or
this state and, in connection with the loan or grant, may enter into
an agreement that the United States, this state, or the corporation
or agency requires. The authority may make and issue negotiable
bonds for money borrowed in the manner provided by Sections
8503.013 and 8503.014 or other general law. This chapter does not
authorize the issuance of any bonds, notes, or other evidences of
indebtedness of the authority except as specifically provided by
this chapter or other general law.
SECTION 3. Section 8503.013(f), Special District Local Laws
Code, is amended to read as follows:
(f) Bonds shall be authorized by resolution of the board
concurred in by at least 13 [12] of the members.
SECTION 4. The Lower Colorado River Authority shall hold
the first election to elect directors as described by Section
8503.006, Special District Local Laws Code, as amended by this Act,
on the uniform election date in November 2024.
SECTION 5. (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 6. This Act takes effect September 1, 2023.