89R3660 ANG-D
By: Hopper H.B. No. 2326
A BILL TO BE ENTITLED
AN ACT
relating to requiring the board members of the Texas Water
Development Board to be elected by the qualified voters at a general
election instead of appointed by the governor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 6.052, Water Code, is
amended to read as follows:
Sec. 6.052. MEMBERS OF THE BOARD; ELECTION [APPOINTMENT].
SECTION 2. Section 6.052(a), Water Code, is amended to read
as follows:
[(a)] The board is composed of 16 [three] members who are
elected by the qualified voters of the regional water planning area
in which the member is running on the uniform election date in
November authorized by Section 41.001, Election Code [appointed by
the governor with the advice and consent of the senate. One member
must have experience in the field of engineering, one member must
have experience in the field of public or private finance, and one
member must have experience in the field of law or business].
SECTION 3. Sections 6.053(a), (b), and (d), Water Code, are
amended to read as follows:
(a) Members of the board must be members of the general
public who have experience in the fields of engineering, public or
private finance, or law or business.
(b) A person is not eligible for election [appointment] to
the board if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(2) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the board.
(d) A person is not eligible for election [appointment] to
the board if the person served on the board on or before January 1,
2013.
SECTION 4. Section 6.054(a), Water Code, is amended to read
as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required for election [appointment] to the board;
(2) does not maintain during service on the board the
qualifications required for election [appointment] to the board;
(3) is ineligible for membership under Sections 6.053,
6.057, and 6.058;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
SECTION 5. Section 6.056, Water Code, is amended to read as
follows:
Sec. 6.056. TERMS OF OFFICE. (a) The members of the board
hold office for staggered terms of six years[, with the term of one
member expiring February 1 of each odd-numbered year]. Each member
holds office until a successor is elected [appointed] and has
qualified.
(b) A person elected [appointed] to the board may not serve
for more than two six-year terms.
SECTION 6. Section 6.059, Water Code, is amended to read as
follows:
Sec. 6.059. CHAIRMAN OF THE BOARD. The members of the board
[governor] shall elect [designate] one member as chairman of the
board [to serve at the will of the governor].
SECTION 7. Sections 6.062(a) and (c), Water Code, are
amended to read as follows:
(a) A person who is elected [appointed] to and qualifies for
office as a member of the board may not vote, deliberate, or be
counted as a member in attendance at a meeting of the board until
the person completes a training program that complies with this
section.
(c) A person elected [appointed] to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 8. Sections 6.052(b) and (c), Water Code, are
repealed.
SECTION 9. (a) The Texas Water Development Board shall hold
an election to elect 16 directors as described by Section 6.052,
Water Code, as amended by this Act, on the uniform election date in
November 2026.
(b) At the first meeting of the members of the Texas Water
Development Board that follows the election of members under
Subsection (a) of this section, the members shall draw lots to
determine which four directors shall serve a term of two years,
which six directors shall serve a term of four years, and which six
directors shall serve a term of six years. Thereafter, all elected
members serve six-year terms.
(c) The terms of the members serving on the Texas Water
Development Board expire on the date the members elected under
Subsection (a) of this section have qualified.
SECTION 10. This Act takes effect September 1, 2025, but
only if the constitutional amendment proposed by the 89th
Legislature, Regular Session, 2025, requiring the board members of
the Texas Water Development Board to be elected by the qualified
voters at a general election instead of appointed by the governor is
approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.