89R3114 SCF-D
By: Paxton, et al. S.B. No. 2406
A BILL TO BE ENTITLED
AN ACT
relating to the Sabine River Authority of Texas, following
recommendations of the Sunset Advisory Commission; specifying
grounds for the removal of a member of the board of directors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2A(a), Chapter 110, Acts of the 51st
Legislature, Regular Session, 1949, is amended to read as follows:
(a) The district is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the district were a state agency scheduled to
be abolished September 1, 2037 [2025], and every 12th year after
that year.
SECTION 2. Section 4, Chapter 110, Acts of the 51st
Legislature, Regular Session, 1949, is amended to read as follows:
Sec. 4. The Governor shall designate a Director as the
President of the Board to serve in that capacity at the pleasure of
the Governor. The Directors of the district shall organize by
electing one of their members [President, one] Vice-President, one
Secretary, and a Secretary pro tem. Five (5) Directors shall
constitute a quorum at any meeting, and a concurrence of a majority
of those present shall be sufficient in all matters pertaining to
the business of the district, except the letting of construction
contracts and the authorization of issuance of bonds, which shall
require the concurrence of five (5) Directors. Warrants for the
payment of money may be drawn and signed by two (2) officers or
employees designated by resolution entered on the minutes of the
Directors, when such accounts have been contracted and ordered paid
by the Board of Directors.
SECTION 3. Chapter 110, Acts of the 51st Legislature,
Regular Session, 1949, is amended by adding Sections 4A, 4B, 6A, and
6B to read as follows:
Sec. 4A. (a) It is a ground for removal from the Board of
Directors that a Director:
(1) does not have at the time of taking office the
qualifications required by Section 3 of this Act;
(2) does not maintain during service on the Board the
qualifications required by Section 3 of this Act;
(3) violates Chapter 171, Local Government Code;
(4) cannot, because of illness or disability,
discharge the Director's duties for a substantial part of the
Director's term; or
(5) is absent from more than half of the regularly
scheduled Board meetings that the Director is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the Board.
(b) The validity of an action of the Board is not affected by
the fact that it is taken when a ground for removal of a Director
exists.
(c) If the manager of the district has knowledge that a
potential ground for removal exists, the manager shall notify the
President of the Board of the potential ground. The President shall
then notify the Governor and the Attorney General that a potential
ground for removal exists. If the potential ground for removal
involves the President, the manager shall notify the next highest
ranking Director, who shall then notify the Governor and the
Attorney General that a potential ground for removal exists.
Sec. 4B. (a) A person who is appointed to and qualifies for
office as a Director may not vote, deliberate, or be counted as a
Director in attendance at a meeting of the Board of Directors until
the person completes a training program that complies with this
section.
(b) The training program must provide the person with
information regarding:
(1) the law governing district operations;
(2) the programs, functions, rules, and budget of the
district;
(3) the scope of and limitations on the rulemaking
authority of the Board of Directors;
(4) the results of the most recent formal audit of the
district;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
governing body of a river authority in performing their duties; and
(6) any applicable ethics policies adopted by the
district or the Texas Ethics Commission.
(c) A person appointed to the Board of Directors is entitled
to reimbursement 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.
(d) The manager of the district shall create a training
manual that includes the information required by Subsection (b) of
this section. The manager shall distribute a copy of the training
manual annually to each Director. Each Director shall sign and
submit to the manager a statement acknowledging that the Director
received and has reviewed the training manual.
Sec. 6A. (a) The district shall maintain a system to
promptly and efficiently act on complaints filed with the district.
The district shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The district shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The district shall periodically notify the complaint
parties of the status of the complaint until final disposition,
unless the notice would jeopardize an investigation.
Sec. 6B. The Board of Directors shall develop and implement
policies that provide the public with a reasonable opportunity to
appear before the Board and to speak on any issue under the
jurisdiction of the district.
SECTION 4. Section 10, Chapter 110, Acts of the 51st
Legislature, Regular Session, 1949, is amended to read as follows:
Sec. 10. The Directors shall [may] employ a manager for the
district, and may give the manager [him] full authority in the
management and operation of the district affairs (subject only to
the orders of the Board of Directors). Compensation to be paid such
manager and all employees shall be fixed by the Board of Directors
and all employees may be removed by the Board.
SECTION 5. Chapter 110, Acts of the 51st Legislature,
Regular Session, 1949, is amended by adding Section 10A to read as
follows:
Sec. 10A. The Board of Directors shall develop and
implement policies that clearly separate the policy-making
responsibilities of the Board and the management responsibilities
of the manager and the employees of the district.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, Section 4B, Chapter 110, Acts of the 51st
Legislature, Regular Session, 1949, as added by this Act, applies
to a member of the board of directors of the Sabine River Authority
of Texas appointed before, on, or after the effective date of this
Act.
(b) Notwithstanding Section 4B, Chapter 110, Acts of the
51st Legislature, Regular Session, 1949, as added by this Act, a
person serving on the board of directors of the Sabine River
Authority of Texas may vote, deliberate, and be counted as a
director in attendance at a meeting of the board until December 1,
2025. A director may not vote, deliberate, or be counted as a member
in attendance at a meeting of the board held on or after December 1,
2025, until the member completes the training required by that
section.
SECTION 7. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 8. This Act takes effect September 1, 2025.