Texas 2025 - 89th Regular

Texas Senate Bill SB1933 Compare Versions

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

Old	New	Differences
1	1	89R10558 SCR-F
2	2	By: Hinojosa of Hidalgo S.B. No. 1933
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment and qualifications of the board of
10	10	directors of the Agua Special Utility District.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 7201.001, Special District Local Laws
13	13	Code, is amended by adding Subdivision (1-a) to read as follows:
14	14	(1-a) "Commission" means the Texas Commission on
15	15	Environmental Quality.
16	16	SECTION 2. Sections 7201.055(a), (c), and (d), Special
17	17	District Local Laws Code, are amended to read as follows:
18	18	(a) The district is governed by a board of seven directors
19	19	appointed by the commission as provided by Section 7201.0551[, each
20	20	of whom occupies a numbered position on the board and represents a
21	21	unique subdistrict containing, as near as practicable, one-seventh
22	22	of the total number of residents in the district].
23	23	(c) The commission [district] shall fill a vacancy on the
24	24	board in accordance with Section 7201.0551 [49.105, Water Code].
25	25	(d) Directors serve staggered terms of four years. A
26	26	director [and] may not serve:
27	27	(1) more than two consecutive terms;
28	28	(2) more than eight years as a director; or
29	29	(3) a portion of a term if the service would result in
30	30	the director serving as a director for more than eight years.
31	31	SECTION 3. Subchapter B, Chapter 7201, Special District
32	32	Local Laws Code, is amended by adding Sections 7201.0551 and
33	33	7201.0552 to read as follows:
34	34	Sec. 7201.0551. APPOINTMENT PROCESS. (a) The commission
35	35	shall establish and maintain a process for a person to apply to be
36	36	appointed as a director. The application process must include:
37	37	(1) public notice of open director positions, the
38	38	qualifications required to serve as a director, and submission
39	39	deadlines for appointment applications;
40	40	(2) a standard application form for submitting to the
41	41	commission information regarding an applicant's qualifications,
42	42	experience, and relevant expertise; and
43	43	(3) a review process for evaluating applicants.
44	44	(b) For each director position, the commission shall
45	45	appoint the person that is the most qualified applicant for that
46	46	position based on the information submitted during the application
47	47	process.
48	48	(c) Before the term of a director expires, the commission
49	49	shall begin the application process to accept applications for the
50	50	succeeding director position.
51	51	(d) If a vacancy occurs on the board, the commission shall
52	52	appoint a director for the remainder of the unexpired term, not
53	53	later than the 90th day after the vacancy occurs.
54	54	Sec. 7201.0552. QUALIFICATIONS FOR APPOINTMENT.
55	55	Notwithstanding Section 65.102, Water Code, to be qualified to be
56	56	appointed as a director, a person must:
57	57	(1) reside in the district;
58	58	(2) be eligible under Section 141.001, Election Code,
59	59	including Section 141.001(a)(6), as if the director were elected;
60	60	and
61	61	(3) demonstrate knowledge, skills, and experience
62	62	relevant to water utility management, public service, finance, or
63	63	environmental management.
64	64	SECTION 4. Section 7201.058, Special District Local Laws
65	65	Code, is amended by amending Subsections (a) and (e) and adding
66	66	Subsection (d-1) to read as follows:
67	67	(a) A director may be removed from the board by a majority of
68	68	the other directors if the director:
69	69	(1) does not have at the time of appointment the
70	70	qualifications required by Section 7201.0552 [7201.055(b)] or is
71	71	disqualified from serving under Section 7201.059;
72	72	(2) does not complete the education program required
73	73	by Section 7201.054;
74	74	(3) does not meet the eligibility requirements under
75	75	Section 7201.072;
76	76	(4) fails to comply with Section 7201.071;
77	77	(5) misses one-half or more of the regularly scheduled
78	78	meetings during the preceding 12 months;
79	79	(6) repeatedly fails to file an affidavit under
80	80	Section 553.002, Government Code, disclosing an interest in
81	81	property to be acquired with public money;
82	82	(7) repeatedly fails to file a conflicts disclosure
83	83	statement under Section 176.003, Local Government Code;
84	84	(8) fails to comply with Section 171.004, Local
85	85	Government Code; or
86	86	(9) does not file the financial statement required of
87	87	state officers under Section 7201.056[; or
88	88	[(10) does not file a campaign treasurer appointment
89	89	form or a required report under Section 7201.055].
90	90	(d-1) The board shall notify the commission of the removal
91	91	of a director under this section on the date the director position
92	92	becomes vacant.
93	93	(e) Not later than the 30th day after the date the board
94	94	removes a director, the commission [board] shall begin the process
95	95	of filling the vacancy in accordance with Section 7201.0551
96	96	[49.105, Water Code].
97	97	SECTION 5. Section 7201.059, Special District Local Laws
98	98	Code, is amended to read as follows:
99	99	Sec. 7201.059. DISQUALIFICATION OF DIRECTORS. A director
100	100	is disqualified from serving as a director if:
101	101	(1) the director is a member or is appointed or elected
102	102	as a member of the governing body of another political subdivision;
103	103	(2) the director does not[:
104	104	[(A)] meet the eligibility requirements under
105	105	Section 7201.072[;
106	106	[(B) file a campaign treasurer appointment form
107	107	required under Section 7201.055(b)(3); or
108	108	[(C) file each report required under Section
109	109	7201.055(b)(4)]; or
110	110	(3) the board determines a relationship or employment
111	111	exists to which Section 49.052, Water Code, applies.
112	112	SECTION 6. The following provisions of the Special District
113	113	Local Laws Code are repealed:
114	114	(1) Section 7201.054(c);
115	115	(2) Section 7201.055(b); and
116	116	(3) Section 7201.0555.
117	117	SECTION 7. The changes in law made by this Act do not affect
118	118	the term of a director of the board of directors of the Agua Special
119	119	Utility District serving on the effective date of this Act.
120	120	Directors appointed to fill vacancies occurring on or after the
121	121	effective date of this Act must be appointed in accordance with
122	122	Section 7201.0551, Special District Local Laws Code, as added by
123	123	this Act.
124	124	SECTION 8. (a) The legal notice of the intention to
125	125	introduce this Act, setting forth the general substance of this
126	126	Act, has been published as provided by law, and the notice and a
127	127	copy of this Act have been furnished to all persons, agencies,
128	128	officials, or entities to which they are required to be furnished
129	129	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
130	130	Government Code.
131	131	(b) The governor, one of the required recipients, has
132	132	submitted the notice and Act to the Texas Commission on
133	133	Environmental Quality.
134	134	(c) The Texas Commission on Environmental Quality has filed
135	135	its recommendations relating to this Act with the governor, the
136	136	lieutenant governor, and the speaker of the house of
137	137	representatives within the required time.
138	138	(d) All requirements of the constitution and laws of this
139	139	state and the rules and procedures of the legislature with respect
140	140	to the notice, introduction, and passage of this Act are fulfilled
141	141	and accomplished.
142	142	SECTION 9. This Act takes effect immediately if it receives
143	143	a vote of two-thirds of all the members elected to each house, as
144	144	provided by Section 39, Article III, Texas Constitution. If this
145	145	Act does not receive the vote necessary for immediate effect, this
146	146	Act takes effect September 1, 2025.