Texas 2023 - 88th Regular

Texas Senate Bill SB2374 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R6320 MP-D
2	2	By: Campbell S.B. No. 2374
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the addition of two new elected members to the board of
8	8	directors of the Lower Colorado River Authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 8503.006, Special District Local Laws
11	11	Code, is amended by amending Subsections (a), (b), (c), (d), (e),
12	12	(f), and (k) and adding Subsection (c-1) to read as follows:
13	13	(a) The powers, rights, privileges, and functions of the
14	14	authority shall be exercised by the board. The board shall consist
15	15	of 17 [15] directors and shall include at least one director from
16	16	each of the counties named in Section 8503.003 except Travis
17	17	County, which shall have two directors. Three directors shall be
18	18	appointed at large from the counties served with electric power,
19	19	other than the counties included in Section 8503.003. Two
20	20	directors shall be elected at large from the entire district,
21	21	including the counties that receive water or electricity from the
22	22	district.
23	23	(b) This subsection applies only to appointed directors. A
24	24	director appointed at large may not serve for a period of more than
25	25	six consecutive years. A county other than a county included in
26	26	Section 8503.003 may not be represented on the board for more than
27	27	six consecutive years. A county other than Travis County may not
28	28	have two directors for a period greater than six consecutive years.
29	29	(c) All directors [shall be] appointed by the governor with
30	30	the advice and consent of the senate serve [for] staggered terms of
31	31	six years, with five members' terms expiring on February 1 of each
32	32	odd-numbered year.
33	33	(c-1) An elected director serves a six-year term. The
34	34	authority shall hold an election to elect two directors on the
35	35	uniform election date in November of an even-numbered year, with
36	36	the term of the elected directors to begin the following February 1.
37	37	(d) Each appointed director must be a resident and freehold
38	38	property taxpayer of the county from which the director is
39	39	appointed and must have been a resident and taxpayer of that county
40	40	for not less than the two years preceding the director's
41	41	appointment. Not more than two appointed directors may be
42	42	residents of the same county.
43	43	(e) A person is not eligible for appointment or election as
44	44	a director if the person has, during the three years preceding the
45	45	person's appointment, been employed by an electric power and light
46	46	company, a telephone company, or any other utility company.
47	47	(f) At the expiration of the term of an appointed [a]
48	48	director, a successor shall be appointed by the governor with the
49	49	advice and consent of the senate. Each appointed director shall
50	50	hold office until the expiration of the term for which the director
51	51	was appointed and until a successor has been appointed and has
52	52	qualified, unless removed sooner as provided by this section.
53	53	(k) Nine [Eight] directors constitute a quorum at any
54	54	meeting and, except as otherwise provided by this chapter or in the
55	55	bylaws, all action may be taken by the affirmative vote of a
56	56	majority of the directors present at any meeting, except that
57	57	bonds, notes, or other evidence of indebtedness are subject to the
58	58	requirements of Sections 8503.004(p) and 8503.013(f), and no
59	59	amendment of the bylaws shall be valid unless authorized or
60	60	ratified by the affirmative vote of at least eight directors,
61	61	unless otherwise specifically provided by this chapter.
62	62	SECTION 2. Section 8503.004(p), Special District Local Laws
63	63	Code, is amended to read as follows:
64	64	(p) The authority may borrow money for its corporate
65	65	purposes on notes or other written evidence of indebtedness for a
66	66	period not to exceed five years as may be authorized from time to
67	67	time by an affirmative vote of 13 [12] members of the board and
68	68	repay the loans or indebtedness from the proceeds of bonds of the
69	69	authority at the next bond offering. The authority may borrow money
70	70	and accept grants from the United States, this state, or any
71	71	corporation or agency created or designated by the United States or
72	72	this state and, in connection with the loan or grant, may enter into
73	73	an agreement that the United States, this state, or the corporation
74	74	or agency requires. The authority may make and issue negotiable
75	75	bonds for money borrowed in the manner provided by Sections
76	76	8503.013 and 8503.014 or other general law. This chapter does not
77	77	authorize the issuance of any bonds, notes, or other evidences of
78	78	indebtedness of the authority except as specifically provided by
79	79	this chapter or other general law.
80	80	SECTION 3. Section 8503.013(f), Special District Local Laws
81	81	Code, is amended to read as follows:
82	82	(f) Bonds shall be authorized by resolution of the board
83	83	concurred in by at least 13 [12] of the members.
84	84	SECTION 4. The Lower Colorado River Authority shall hold
85	85	the first election to elect directors as described by Section
86	86	8503.006, Special District Local Laws Code, as amended by this Act,
87	87	on the uniform election date in November 2024.
88	88	SECTION 5. (a) The legal notice of the intention to
89	89	introduce this Act, setting forth the general substance of this
90	90	Act, has been published as provided by law, and the notice and a
91	91	copy of this Act have been furnished to all persons, agencies,
92	92	officials, or entities to which they are required to be furnished
93	93	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
94	94	Government Code.
95	95	(b) The governor, one of the required recipients, has
96	96	submitted the notice and Act to the Texas Commission on
97	97	Environmental Quality.
98	98	(c) The Texas Commission on Environmental Quality has filed
99	99	its recommendations relating to this Act with the governor, the
100	100	lieutenant governor, and the speaker of the house of
101	101	representatives within the required time.
102	102	(d) All requirements of the constitution and laws of this
103	103	state and the rules and procedures of the legislature with respect
104	104	to the notice, introduction, and passage of this Act are fulfilled
105	105	and accomplished.
106	106	SECTION 6. This Act takes effect September 1, 2023.