Bill Text: TX HB1540 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to the San Jacinto River Authority, following recommendations of the Sunset Advisory Commission; specifying grounds for the removal of a member of the board of directors.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Enrolled - Dead) 2023-05-30 - Sent to the Governor [HB1540 Detail]

Download: Texas-2023-HB1540-Enrolled.html
 
 
  H.B. No. 1540
 
 
 
 
AN ACT
  relating to the San Jacinto River Authority, 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 1A(a), Chapter 426, Acts of the 45th
  Legislature, Regular Session, 1937, 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, 2035 [2023], and every 12th year after
  that year.
         SECTION 2.  Section 6, Chapter 426, Acts of the 45th
  Legislature, Regular Session, 1937, is amended to read as follows:
         Sec. 6.  The management and control of all the affairs of
  said District shall be vested in, and the powers, rights,
  privileges, and functions of the District shall be exercised by a
  Board of Directors consisting of seven [six (6)] members, all of
  whom shall be freehold property taxpayers and legal voters of the
  State of Texas and four (4) of whom shall be residents of a county
  wholly encompassed by the District.  Members of such Board of
  Directors shall be appointed by the Governor for terms of four [six
  (6)] years.  [Provided, the present Board of six (6) directors of
  said District, appointed by the State Board of Water Engineers
  under authority of House Bill No. 1094, Chapter 613, Acts of the
  Regular Session of the Forty-seventh Legislature, amending Section
  6 of Chapter 426, Acts of the Regular Session of the Forty-fifth
  Legislature, as amended by House Bill No. 828, Chapter 480, Acts of
  the Regular Session of the Forty-seventh Legislature, for terms of
  two (2), four (4), and six (6) years, shall continue to serve as
  such until the expiration of the respective terms for which they
  were appointed.  Upon the expiration of the terms for which the
  present members of the Board of Directors were appointed, the
  successors of each and all of them shall be appointed by the
  Governor for a term of six (6) years.]
         The Directors shall hold office after their appointment and
  qualification until their successors shall be appointed and
  qualified.  Should any vacancy occur in the Board of Directors, the
  same shall be filled in like manner by the Governor for the
  unexpired term.  The Directors appointed shall, within thirty (30)
  days after their appointment, qualify by taking the official oath
  required of County Commissioners, and shall execute bond in the sum
  of Five Thousand Dollars ($5,000) payable to the District, the
  sufficiency of which bond shall be determined by the Governor,
  which bonds after being recorded in the official bond records of the
  county in which the District maintains its office shall be
  deposited with the depository selected and approved for the deposit
  of the funds of the District.
         The Governor shall designate a Director as the President of
  the Board to serve in that capacity at the pleasure of the Governor.  
  The Board of Directors shall organize by electing one of its members
  [President, one] Vice-President, one Secretary, and one Treasurer.  
  Four (4) members, including the President [presiding officer],
  shall constitute a quorum to transact business.  The President
  shall preside at all meetings of the Board and shall be the chief
  executive officer of the District.  The Vice-President shall act as
  President in case of the absence or disability of the President.  
  The Secretary shall act as Secretary of the Board and shall be
  charged with the duty of keeping a record of all proceedings and all
  orders of the Board.  The Treasurer shall receive and receipt for
  all moneys received by the District and shall keep books and records
  of all moneys received and expended. In case of the absence or
  inability of the Secretary to act, a Secretary pro tem shall be
  selected by the Directors.
         The domicile of the District shall be in the City of Conroe,
  in the County of Montgomery, Texas, where the District shall
  maintain its principal office.  The Board of Directors shall have
  authority to fix the time, place and number of meetings of such
  Board by proper resolutions, regulations and bylaws passed by said
  Board.  Said Board shall cause to be kept complete and accurate
  accounts conforming to approved methods of bookkeeping. Said
  accounts and all contracts, documents, and records of the District
  shall be kept at said principal office, and same shall be open to
  public inspection at all reasonable times.
         SECTION 3.  Chapter 426, Acts of the 45th Legislature,
  Regular Session, 1937, is amended by adding Sections 6A, 6B, 6C, 6D,
  6E, and 6F to read as follows:
         Sec. 6A.  (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 6 of this Act;
               (2)  does not maintain during service on the Board the
  qualifications required by Section 6 of this Act;
               (3)  is ineligible for directorship under 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 general manager has knowledge that a potential
  ground for removal exists, the general 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 general 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. 6B.  (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 District;
               (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 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 general manager of the District shall create a
  training manual that includes the information required by
  Subsection (b) of this section. The general manager shall
  distribute a copy of the training manual annually to each Director.
  Each Director shall sign and submit to the general manager a
  statement acknowledging that the Director received and has reviewed
  the training manual.
         Sec. 6C.  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 general
  manager and the staff of the District.
         Sec. 6D.  (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. 6E.  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.
         Sec. 6F.  The Board of Directors shall develop and implement
  a comprehensive policy that provides a structure for public
  engagement in advance of major actions and projects. The policy
  must include a clear and detailed description of how the District
  will seek to actively engage stakeholders, including the possible
  use of:
               (1)  advisory committees;
               (2)  community panels;
               (3)  town hall meetings;
               (4)  surveys; and
               (5)  other strategies on a recurring basis.
         SECTION 4.  The member of the board of directors of the San
  Jacinto River Authority whose term expires in November 2027 shall
  continue in office until the member's successor is appointed to and
  qualifies for a term of four years beginning in October 2027.
         SECTION 5.    (a) Except as provided by Subsection (b) of
  this section, Section 6B, Chapter 426, Acts of the 45th
  Legislature, Regular Session, 1937, as added by this Act, applies
  to a member of the board of directors of the San Jacinto River
  Authority appointed before, on, or after the effective date of this
  Act.
         (b)  Notwithstanding Section 6B, Chapter 426, Acts of the
  45th Legislature, Regular Session, 1937, as added by this Act, a
  person serving on the board of directors of the San Jacinto River
  Authority may vote, deliberate, and be counted as a director in
  attendance at a meeting of the board until December 1, 2023. 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,
  2023, until the member completes the training required by that
  section.
         SECTION 6.  (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 7.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1540 was passed by the House on April
  28, 2023, by the following vote:  Yeas 145, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1540 on May 25, 2023, by the following vote:  Yeas 135, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1540 was passed by the Senate, with
  amendments, on May 23, 2023, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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