1 | 1 | | 89R3660 ANG-D |
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2 | 2 | | By: Hopper H.B. No. 2326 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to requiring the board members of the Texas Water |
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10 | 10 | | Development Board to be elected by the qualified voters at a general |
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11 | 11 | | election instead of appointed by the governor. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. The heading to Section 6.052, Water Code, is |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | Sec. 6.052. MEMBERS OF THE BOARD; ELECTION [APPOINTMENT]. |
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16 | 16 | | SECTION 2. Section 6.052(a), Water Code, is amended to read |
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17 | 17 | | as follows: |
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18 | 18 | | [(a)] The board is composed of 16 [three] members who are |
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19 | 19 | | elected by the qualified voters of the regional water planning area |
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20 | 20 | | in which the member is running on the uniform election date in |
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21 | 21 | | November authorized by Section 41.001, Election Code [appointed by |
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22 | 22 | | the governor with the advice and consent of the senate. One member |
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23 | 23 | | must have experience in the field of engineering, one member must |
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24 | 24 | | have experience in the field of public or private finance, and one |
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25 | 25 | | member must have experience in the field of law or business]. |
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26 | 26 | | SECTION 3. Sections 6.053(a), (b), and (d), Water Code, are |
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27 | 27 | | amended to read as follows: |
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28 | 28 | | (a) Members of the board must be members of the general |
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29 | 29 | | public who have experience in the fields of engineering, public or |
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30 | 30 | | private finance, or law or business. |
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31 | 31 | | (b) A person is not eligible for election [appointment] to |
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32 | 32 | | the board if the person or the person's spouse: |
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33 | 33 | | (1) is employed by or participates in the management |
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34 | 34 | | of a business entity or other organization regulated by the board or |
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35 | 35 | | receiving funds from the board; |
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36 | 36 | | (2) owns, controls, or has, directly or indirectly, |
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37 | 37 | | more than a 10 percent interest in a business entity or other |
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38 | 38 | | organization regulated by the board or receiving funds from the |
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39 | 39 | | board; or |
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40 | 40 | | (3) uses or receives a substantial amount of tangible |
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41 | 41 | | goods, services, or funds from the board. |
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42 | 42 | | (d) A person is not eligible for election [appointment] to |
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43 | 43 | | the board if the person served on the board on or before January 1, |
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44 | 44 | | 2013. |
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45 | 45 | | SECTION 4. Section 6.054(a), Water Code, is amended to read |
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46 | 46 | | as follows: |
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47 | 47 | | (a) It is a ground for removal from the board that a member: |
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48 | 48 | | (1) does not have at the time of taking office the |
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49 | 49 | | qualifications required for election [appointment] to the board; |
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50 | 50 | | (2) does not maintain during service on the board the |
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51 | 51 | | qualifications required for election [appointment] to the board; |
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52 | 52 | | (3) is ineligible for membership under Sections 6.053, |
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53 | 53 | | 6.057, and 6.058; |
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54 | 54 | | (4) cannot, because of illness or disability, |
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55 | 55 | | discharge the member's duties for a substantial part of the member's |
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56 | 56 | | term; or |
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57 | 57 | | (5) is absent from more than half of the regularly |
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58 | 58 | | scheduled board meetings that the member is eligible to attend |
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59 | 59 | | during a calendar year without an excuse approved by a majority vote |
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60 | 60 | | of the board. |
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61 | 61 | | SECTION 5. Section 6.056, Water Code, is amended to read as |
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62 | 62 | | follows: |
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63 | 63 | | Sec. 6.056. TERMS OF OFFICE. (a) The members of the board |
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64 | 64 | | hold office for staggered terms of six years[, with the term of one |
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65 | 65 | | member expiring February 1 of each odd-numbered year]. Each member |
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66 | 66 | | holds office until a successor is elected [appointed] and has |
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67 | 67 | | qualified. |
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68 | 68 | | (b) A person elected [appointed] to the board may not serve |
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69 | 69 | | for more than two six-year terms. |
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70 | 70 | | SECTION 6. Section 6.059, Water Code, is amended to read as |
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71 | 71 | | follows: |
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72 | 72 | | Sec. 6.059. CHAIRMAN OF THE BOARD. The members of the board |
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73 | 73 | | [governor] shall elect [designate] one member as chairman of the |
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74 | 74 | | board [to serve at the will of the governor]. |
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75 | 75 | | SECTION 7. Sections 6.062(a) and (c), Water Code, are |
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76 | 76 | | amended to read as follows: |
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77 | 77 | | (a) A person who is elected [appointed] to and qualifies for |
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78 | 78 | | office as a member of the board may not vote, deliberate, or be |
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79 | 79 | | counted as a member in attendance at a meeting of the board until |
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80 | 80 | | the person completes a training program that complies with this |
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81 | 81 | | section. |
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82 | 82 | | (c) A person elected [appointed] to the board is entitled to |
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83 | 83 | | reimbursement, as provided by the General Appropriations Act, for |
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84 | 84 | | the travel expenses incurred in attending the training program |
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85 | 85 | | regardless of whether the attendance at the program occurs before |
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86 | 86 | | or after the person qualifies for office. |
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87 | 87 | | SECTION 8. Sections 6.052(b) and (c), Water Code, are |
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88 | 88 | | repealed. |
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89 | 89 | | SECTION 9. (a) The Texas Water Development Board shall hold |
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90 | 90 | | an election to elect 16 directors as described by Section 6.052, |
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91 | 91 | | Water Code, as amended by this Act, on the uniform election date in |
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92 | 92 | | November 2026. |
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93 | 93 | | (b) At the first meeting of the members of the Texas Water |
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94 | 94 | | Development Board that follows the election of members under |
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95 | 95 | | Subsection (a) of this section, the members shall draw lots to |
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96 | 96 | | determine which four directors shall serve a term of two years, |
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97 | 97 | | which six directors shall serve a term of four years, and which six |
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98 | 98 | | directors shall serve a term of six years. Thereafter, all elected |
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99 | 99 | | members serve six-year terms. |
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100 | 100 | | (c) The terms of the members serving on the Texas Water |
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101 | 101 | | Development Board expire on the date the members elected under |
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102 | 102 | | Subsection (a) of this section have qualified. |
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103 | 103 | | SECTION 10. This Act takes effect September 1, 2025, but |
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104 | 104 | | only if the constitutional amendment proposed by the 89th |
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105 | 105 | | Legislature, Regular Session, 2025, requiring the board members of |
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106 | 106 | | the Texas Water Development Board to be elected by the qualified |
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107 | 107 | | voters at a general election instead of appointed by the governor is |
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108 | 108 | | approved by the voters. If that amendment is not approved by the |
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109 | 109 | | voters, this Act has no effect. |
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