Texas 2025 - 89th Regular

Texas Senate Bill SB2407 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Sparks, et al. S.B. No. 2407
2		-
3		-
	2	+	(In the Senate - Filed March 25, 2025; March 27, 2025, read
	3	+	first time and referred to Committee on Local Government;
	4	+	April 1, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; April 1, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the Lower Neches Valley Authority, following
9	12		recommendations of the Sunset Advisory Commission; specifying
10	13		grounds for the removal of a member of the board of directors.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Section 8504.0021(a), Special District Local
13	16		Laws Code, is amended to read as follows:
14	17		(a) The authority is subject to review under Chapter 325,
15	18		Government Code (Texas Sunset Act), but may not be abolished under
16	19		that chapter. The review shall be conducted under Section 325.025,
17	20		Government Code, as if the authority were a state agency scheduled
18	21		to be abolished September 1, 2037 [2025], and every 12th year after
19	22		that year.
20	23		SECTION 2. Subchapter B, Chapter 8504, Special District
21	24		Local Laws Code, is amended by adding Sections 8504.0555, 8504.058,
22	25		8504.059, 8504.060, 8504.061, and 8504.062 to read as follows:
23	26		Sec. 8504.0555. BOARD PRESIDENT. The governor shall
24	27		designate a member of the board as the board president to serve in
25	28		that capacity at the pleasure of the governor.
26	29		Sec. 8504.058. SEPARATION OF POLICYMAKING AND MANAGEMENT
27	30		FUNCTIONS. The board shall develop and implement policies that
28	31		clearly separate the policy-making responsibilities of the board
29	32		and the management responsibilities of the general manager and the
30	33		staff of the authority.
31	34		Sec. 8504.059. REMOVAL. (a) It is a ground for removal
32	35		from the board that a director:
33	36		(1) does not have at the time of taking office the
34	37		qualifications required by Sections 8504.051(b) and (c);
35	38		(2) does not maintain during service on the board
36	39		qualifications required by Sections 8504.051(b) and (c);
37	40		(3) violates Chapter 171, Local Government Code;
38	41		(4) cannot, because of illness or disability,
39	42		discharge the director's duties for a substantial part of the
40	43		director's term; or
41	44		(5) is absent from more than half of the regularly
42	45		scheduled board meetings that the director is eligible to attend
43	46		during a calendar year without an excuse approved by a majority vote
44	47		of the board.
45	48		(b) The validity of an action of the board is not affected by
46	49		the fact that it is taken when a ground for removal of a director
47	50		exists.
48	51		(c) If the general manager has knowledge that a potential
49	52		ground for removal exists, the general manager shall notify the
50	53		board president of the potential ground. The board president shall
51	54		then notify the governor and the attorney general that a potential
52	55		ground for removal exists. If the potential ground for removal
53	56		involves the president, the general manager shall notify the next
54	57		highest ranking director, who shall then notify the governor and
55	58		the attorney general that a potential ground for removal exists.
56	59		Sec. 8504.060. REQUIRED TRAINING. (a) A person who is
57	60		appointed to and qualifies for office as a director may not vote,
58	61		deliberate, or be counted as a director in attendance at a meeting
59	62		of the board until the person completes a training program that
60	63		complies with this section.
61	64		(b) The training program must provide the person with
62	65		information regarding:
63	66		(1) the law governing authority operations;
64	67		(2) the programs, functions, rules, and budget of the
65	68		authority;
66	69		(3) the scope of and limitations on the rulemaking
67	70		authority of the board;
68	71		(4) the results of the most recent formal audit of the
69	72		authority;
70	73		(5) the requirements of:
71	74		(A) laws relating to open meetings, public
72	75		information, administrative procedure, and disclosing conflicts of
73	76		interest; and
74	77		(B) other laws applicable to members of the
75	78		governing body of a river authority in performing their duties; and
76	79		(6) any applicable ethics policies adopted by the
77	80		authority or by the Texas Ethics Commission.
78	81		(c) A person appointed to the board is entitled to
79	82		reimbursement for the travel expenses incurred in attending the
80	83		training program regardless of whether the attendance at the
81	84		program occurs before or after the person qualifies for office.
82	85		(d) The general manager of the authority shall create a
83	86		training manual that includes the information required by
84	87		Subsection (b). The general manager shall distribute a copy of the
85	88		training manual annually to each director. Each director shall
86	89		sign and submit to the general manager a statement acknowledging
87	90		that the director received and has reviewed the training manual.
88	91		Sec. 8504.061. PUBLIC TESTIMONY. The board shall develop
89	92		and implement policies that provide the public with a reasonable
90	93		opportunity to appear before the board and to speak on any issue
91	94		under the jurisdiction of the authority.
92	95		Sec. 8504.062. COMPLAINTS; DUTY TO RESPOND. (a) The
93	96		authority shall maintain a system to promptly and efficiently act
94	97		on complaints filed with the authority. The authority shall
95	98		maintain information about parties to the complaint, the subject
96	99		matter of the complaint, a summary of the results of the review or
97	100		investigation of the complaint, and its disposition.
98	101		(b) The authority shall make information available
99	102		describing its procedures for complaint investigation and
100	103		resolution.
101	104		(c) The authority shall periodically notify the complaint
102	105		parties of the status of the complaint until final disposition,
103	106		unless the notice would jeopardize an investigation.
104	107		SECTION 3. (a) Except as provided by Subsection (b) of this
105	108		section, Section 8504.060, Special District Local Laws Code, as
106	109		added by this Act, applies to a member of the board of directors of
107	110		the Lower Neches Valley Authority appointed before, on, or after
108	111		the effective date of this Act.
109	112		(b) Notwithstanding Section 8504.060, Special District
110	113		Local Laws Code, as added by this Act, a member of the board of
111	114		directors of the Lower Neches Valley Authority may vote,
112	115		deliberate, and be counted as a director in attendance at a meeting
113	116		of the board until December 1, 2025. A member of the board may not
114	117		vote, deliberate, or be counted as a member in attendance at a
115	118		meeting of the board held on or after December 1, 2025, until the
116	119		member completes the training required by that section.
117	120		SECTION 4. (a) The legal notice of the intention to
118	121		introduce this Act, setting forth the general substance of this
119	122		Act, has been published as provided by law, and the notice and a
120	123		copy of this Act have been furnished to all persons, agencies,
121	124		officials, or entities to which they are required to be furnished
122	125		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
123	126		Government Code.
124	127		(b) The governor, one of the required recipients, has
125	128		submitted the notice and Act to the Texas Commission on
126	129		Environmental Quality.
127	130		(c) The Texas Commission on Environmental Quality has filed
128	131		its recommendations relating to this Act with the governor, the
129	132		lieutenant governor, and the speaker of the house of
130	133		representatives within the required time.
131	134		(d) All requirements of the constitution and laws of this
132	135		state and the rules and procedures of the legislature with respect
133	136		to the notice, introduction, and passage of this Act are fulfilled
134	137		and accomplished.
135	138		SECTION 5. This Act takes effect September 1, 2025.
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