Texas 2025 - 89th Regular

Texas Senate Bill SB2409 Compare Versions

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

Old	New	Differences
1	1	89R10915 SCR-D
2	2	By: Blanco, et al. S.B. No. 2409
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Angelina and Neches River Authority, following
10	10	recommendations of the Sunset Advisory Commission; specifying
11	11	grounds for the removal of a member of the board of directors.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 8501.0015(a), Special District Local
14	14	Laws Code, is amended to read as follows:
15	15	(a) The authority is subject to review under Chapter 325,
16	16	Government Code (Texas Sunset Act), but may not be abolished under
17	17	that chapter. The review shall be conducted under Section 325.025,
18	18	Government Code, as if the authority were a state agency scheduled
19	19	to be abolished September 1, 2037 [2025], and every 12th year after
20	20	that year.
21	21	SECTION 2. Subchapter C, Chapter 8501, Special District
22	22	Local Laws Code, is amended by adding Section 8501.1011 to read as
23	23	follows:
24	24	Sec. 8501.1011. TRAINING REQUIRED FOR BOARD MEMBERS. (a) A
25	25	person who is appointed to and qualifies for office as a director
26	26	may not vote, deliberate, or be counted as a director in attendance
27	27	at a meeting of the board until the person completes a training
28	28	program that complies with this section.
29	29	(b) The training program must provide the person with
30	30	information regarding:
31	31	(1) the law governing authority operations;
32	32	(2) the programs, functions, rules, and budget of the
33	33	authority;
34	34	(3) the scope of and limitations on the rulemaking
35	35	authority of the board;
36	36	(4) the results of the most recent formal audit of the
37	37	authority;
38	38	(5) the requirements of:
39	39	(A) laws relating to open meetings, public
40	40	information, administrative procedure, and disclosing
41	41	conflicts-of-interest; and
42	42	(B) other laws applicable to members of the
43	43	governing body of a river authority in performing their duties; and
44	44	(6) any applicable ethics policies adopted by the
45	45	authority or the Texas Ethics Commission.
46	46	(c) A person appointed to the board is entitled to
47	47	reimbursement for the travel expenses incurred in attending the
48	48	training program regardless of whether the attendance at the
49	49	program occurs before or after the person qualifies for office.
50	50	(d) The general manager of the authority shall create a
51	51	training manual that includes the information required by
52	52	Subsection (b). The general manager shall distribute a copy of the
53	53	training manual annually to each director. Each director shall
54	54	sign and submit to the general manager a statement acknowledging
55	55	that the director received and has reviewed the training manual.
56	56	SECTION 3. Sections 8501.107(a) and (c), Special District
57	57	Local Laws Code, are amended to read as follows:
58	58	(a) The governor [board] shall designate [elect] one of the
59	59	directors as president of the board to serve in that capacity at the
60	60	pleasure of the governor. The board shall elect[,] one director as
61	61	vice president[,] and one as secretary-treasurer.
62	62	(c) The vice president shall act as president if the
63	63	president is absent or unable to act [disabled].
64	64	SECTION 4. Subchapter C, Chapter 8501, Special District
65	65	Local Laws Code, is amended by adding Sections 8501.1071,
66	66	8501.1081, 8501.1082, 8501.1083, and 8501.114 to read as follows:
67	67	Sec. 8501.1071. REMOVAL OF DIRECTOR. (a) It is a ground
68	68	for removal from the board that a director:
69	69	(1) does not have at the time of taking office the
70	70	qualifications required by Section 8501.101;
71	71	(2) does not maintain during service on the board
72	72	qualifications required by Section 8501.101;
73	73	(3) violates Chapter 171, Local Government Code;
74	74	(4) cannot, because of illness or disability,
75	75	discharge the director's duties for a substantial part of the
76	76	director's term; or
77	77	(5) is absent from more than half of the regularly
78	78	scheduled board meetings that the director is eligible to attend
79	79	during a calendar year without an excuse approved by a majority vote
80	80	of the board.
81	81	(b) The validity of an action of the board is not affected by
82	82	the fact that it is taken when a ground for removal of a director
83	83	exists.
84	84	(c) If the general manager has knowledge that a potential
85	85	ground for removal exists, the general manager shall notify the
86	86	president of the board of the potential ground. The president of
87	87	the board shall then notify the governor and the attorney general
88	88	that a potential ground for removal exists. If the potential ground
89	89	for removal involves the president of the board, the general
90	90	manager shall notify the next highest ranking director, who shall
91	91	then notify the governor and the attorney general that a potential
92	92	ground for removal exists.
93	93	Sec. 8501.1081. PUBLIC TESTIMONY. The board shall develop
94	94	and implement policies that provide the public with a reasonable
95	95	opportunity to appear before the board and to speak on any issue
96	96	under the jurisdiction of the authority.
97	97	Sec. 8501.1082. GENERAL MANAGER. The board shall employ a
98	98	general manager.
99	99	Sec. 8501.1083. SEPARATION OF POLICYMAKING AND STAFF
100	100	FUNCTIONS. The board shall develop and implement policies that
101	101	clearly separate the policy-making responsibilities of the board
102	102	and the management responsibilities of the general manager and the
103	103	employees of the authority.
104	104	Sec. 8501.114. COMPLAINT SYSTEM. (a) The authority shall
105	105	maintain a system to promptly and efficiently act on complaints
106	106	filed with the authority. The authority shall maintain information
107	107	about parties to the complaint, the subject matter of the
108	108	complaint, a summary of the results of the review or investigation
109	109	of the complaint, and its disposition.
110	110	(b) The authority shall make information available
111	111	describing its procedures for complaint investigation and
112	112	resolution.
113	113	(c) The authority shall periodically notify the complaint
114	114	parties of the status of the complaint until final disposition,
115	115	unless the notice would jeopardize an investigation.
116	116	SECTION 5. (a) Except as provided by Subsection (b) of this
117	117	section, Section 8501.1011, Special District Local Laws Code, as
118	118	added by this Act, applies to a member of the board of directors of
119	119	the Angelina and Neches River Authority appointed before, on, or
120	120	after the effective date of this Act.
121	121	(b) Notwithstanding Section 8501.1011, Special District
122	122	Local Laws Code, as added by this Act, a member of the board of
123	123	directors of the Angelina and Neches River Authority may vote,
124	124	deliberate, and be counted as a director in attendance at a meeting
125	125	of the board until December 1, 2025. A member of the board may not
126	126	vote, deliberate, or be counted as a director in attendance at a
127	127	meeting of the board held on or after December 1, 2025, until the
128	128	member completes the training required by that section.
129	129	SECTION 6. (a) The legal notice of the intention to
130	130	introduce this Act, setting forth the general substance of this
131	131	Act, has been published as provided by law, and the notice and a
132	132	copy of this Act have been furnished to all persons, agencies,
133	133	officials, or entities to which they are required to be furnished
134	134	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
135	135	Government Code.
136	136	(b) The governor, one of the required recipients, has
137	137	submitted the notice and Act to the Texas Commission on
138	138	Environmental Quality.
139	139	(c) The Texas Commission on Environmental Quality has filed
140	140	its recommendations relating to this Act with the governor, the
141	141	lieutenant governor, and the speaker of the house of
142	142	representatives within the required time.
143	143	(d) All requirements of the constitution and laws of this
144	144	state and the rules and procedures of the legislature with respect
145	145	to the notice, introduction, and passage of this Act are fulfilled
146	146	and accomplished.
147	147	SECTION 7. This Act takes effect September 1, 2025.