Texas 2025 - 89th Regular

Texas House Bill HB1525 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10771 JBD-D
2	2	By: Kitzman H.B. No. 1525
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Lower Neches Valley Authority, following
10	10	recommendations of the Sunset Advisory Commission; specifying
11	11	grounds for the removal of a member of the board of directors.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 8504.0021(a), Special District Local
14	14	Laws Code, is amended to read as follows:
15	15	(a) The authority is subject to review under Chapter 325,
16	16	Government Code (Texas Sunset Act), but may not be abolished under
17	17	that chapter. The review shall be conducted under Section 325.025,
18	18	Government Code, as if the authority were a state agency scheduled
19	19	to be abolished September 1, 2037 [2025], and every 12th year after
20	20	that year.
21	21	SECTION 2. Subchapter B, Chapter 8504, Special District
22	22	Local Laws Code, is amended by adding Sections 8504.0555, 8504.058,
23	23	8504.059, 8504.060, 8504.061, and 8504.062 to read as follows:
24	24	Sec. 8504.0555. BOARD PRESIDENT. The governor shall
25	25	designate a member of the board as the board president to serve in
26	26	that capacity at the pleasure of the governor.
27	27	Sec. 8504.058. SEPARATION OF POLICYMAKING AND MANAGEMENT
28	28	FUNCTIONS. The board shall develop and implement policies that
29	29	clearly separate the policy-making responsibilities of the board
30	30	and the management responsibilities of the general manager and the
31	31	staff of the authority.
32	32	Sec. 8504.059. REMOVAL. (a) It is a ground for removal
33	33	from the board that a director:
34	34	(1) does not have at the time of taking office the
35	35	qualifications required by Sections 8504.051(b) and (c);
36	36	(2) does not maintain during service on the board
37	37	qualifications required by Sections 8504.051(b) and (c);
38	38	(3) violates Chapter 171, Local Government Code;
39	39	(4) cannot, because of illness or disability,
40	40	discharge the director's duties for a substantial part of the
41	41	director's term; or
42	42	(5) is absent from more than half of the regularly
43	43	scheduled board meetings that the director is eligible to attend
44	44	during a calendar year without an excuse approved by a majority vote
45	45	of the board.
46	46	(b) The validity of an action of the board is not affected by
47	47	the fact that it is taken when a ground for removal of a director
48	48	exists.
49	49	(c) If the general manager has knowledge that a potential
50	50	ground for removal exists, the general manager shall notify the
51	51	board president of the potential ground. The board president shall
52	52	then notify the governor and the attorney general that a potential
53	53	ground for removal exists. If the potential ground for removal
54	54	involves the president, the general manager shall notify the next
55	55	highest ranking director, who shall then notify the governor and
56	56	the attorney general that a potential ground for removal exists.
57	57	Sec. 8504.060. REQUIRED TRAINING. (a) A person who is
58	58	appointed to and qualifies for office as a director may not vote,
59	59	deliberate, or be counted as a director in attendance at a meeting
60	60	of the board until the person completes a training program that
61	61	complies with this section.
62	62	(b) The training program must provide the person with
63	63	information regarding:
64	64	(1) the law governing authority operations;
65	65	(2) the programs, functions, rules, and budget of the
66	66	authority;
67	67	(3) the scope of and limitations on the rulemaking
68	68	authority of the board;
69	69	(4) the results of the most recent formal audit of the
70	70	authority;
71	71	(5) the requirements of:
72	72	(A) laws relating to open meetings, public
73	73	information, administrative procedure, and disclosing conflicts of
74	74	interest; and
75	75	(B) other laws applicable to members of the
76	76	governing body of a river authority in performing their duties; and
77	77	(6) any applicable ethics policies adopted by the
78	78	authority or by the Texas Ethics Commission.
79	79	(c) A person appointed to the board is entitled to
80	80	reimbursement for the travel expenses incurred in attending the
81	81	training program regardless of whether the attendance at the
82	82	program occurs before or after the person qualifies for office.
83	83	(d) The general manager of the authority shall create a
84	84	training manual that includes the information required by
85	85	Subsection (b). The general manager shall distribute a copy of the
86	86	training manual annually to each director. Each director shall
87	87	sign and submit to the general manager a statement acknowledging
88	88	that the director received and has reviewed the training manual.
89	89	Sec. 8504.061. PUBLIC TESTIMONY. The board shall develop
90	90	and implement policies that provide the public with a reasonable
91	91	opportunity to appear before the board and to speak on any issue
92	92	under the jurisdiction of the authority.
93	93	Sec. 8504.062. COMPLAINTS; DUTY TO RESPOND. (a) The
94	94	authority shall maintain a system to promptly and efficiently act
95	95	on complaints filed with the authority. The authority shall
96	96	maintain information about parties to the complaint, the subject
97	97	matter of the complaint, a summary of the results of the review or
98	98	investigation of the complaint, and its disposition.
99	99	(b) The authority shall make information available
100	100	describing its procedures for complaint investigation and
101	101	resolution.
102	102	(c) The authority shall periodically notify the complaint
103	103	parties of the status of the complaint until final disposition,
104	104	unless the notice would jeopardize an investigation.
105	105	SECTION 3. (a) Except as provided by Subsection (b) of this
106	106	section, Section 8504.060, Special District Local Laws Code, as
107	107	added by this Act, applies to a member of the board of directors of
108	108	the Lower Neches Valley Authority appointed before, on, or after
109	109	the effective date of this Act.
110	110	(b) Notwithstanding Section 8504.060, Special District
111	111	Local Laws Code, as added by this Act, a member of the board of
112	112	directors of the Lower Neches Valley Authority may vote,
113	113	deliberate, and be counted as a director in attendance at a meeting
114	114	of the board until December 1, 2025. A member of the board may not
115	115	vote, deliberate, or be counted as a member in attendance at a
116	116	meeting of the board held on or after December 1, 2025, until the
117	117	member completes the training required by that section.
118	118	SECTION 4. (a) The legal notice of the intention to
119	119	introduce this Act, setting forth the general substance of this
120	120	Act, has been published as provided by law, and the notice and a
121	121	copy of this Act have been furnished to all persons, agencies,
122	122	officials, or entities to which they are required to be furnished
123	123	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
124	124	Government Code.
125	125	(b) The governor, one of the required recipients, has
126	126	submitted the notice and Act to the Texas Commission on
127	127	Environmental Quality.
128	128	(c) The Texas Commission on Environmental Quality has filed
129	129	its recommendations relating to this Act with the governor, the
130	130	lieutenant governor, and the speaker of the house of
131	131	representatives within the required time.
132	132	(d) All requirements of the constitution and laws of this
133	133	state and the rules and procedures of the legislature with respect
134	134	to the notice, introduction, and passage of this Act are fulfilled
135	135	and accomplished.
136	136	SECTION 5. This Act takes effect September 1, 2025.