Bill Text: TX HB3855 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the Bexar Metropolitan Water District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-27 - Recommendations filed with the Speaker [HB3855 Detail]
Download: Texas-2011-HB3855-Introduced.html
82R8902 SLB-D | ||
By: Garza | H.B. No. 3855 |
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relating to the Bexar Metropolitan Water District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. ELECTION; EFFECTIVE DATE OF ARTICLES 2 AND 3 | ||
SECTION 1.01. (a) In this section: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(2) "District" means the Bexar Metropolitan Water | ||
District. | ||
(b) On the next uniform election date following the 60th day | ||
after the date of preclearance under Section 5 of the federal Voting | ||
Rights Act of 1965 (42 U.S.C. Section 1973c) of all provisions of | ||
the Act enacting this section that are subject to that | ||
preclearance, the commission shall hold an election in the district | ||
on the question of dissolving the district and disposing of the | ||
district's assets and obligations. If the commission determines | ||
that preclearance under Section 5 of the federal Voting Rights Act | ||
of 1965 is not required, the commission shall hold the election on | ||
the next uniform election date that falls at least 60 days after the | ||
date the commission makes that determination. | ||
(c) The order calling the election must state: | ||
(1) the nature of the election, including the | ||
proposition to appear on the ballot; | ||
(2) the date of the election; | ||
(3) the hours during which the polls will be open; and | ||
(4) the location of the polling places. | ||
(d) The commission shall give notice of an election under | ||
this section by publishing once a week for two consecutive weeks a | ||
substantial copy of the election order in a newspaper with general | ||
circulation in the district. The first publication of the notice | ||
must appear not later than the 35th day before the date of the | ||
election. | ||
(e) The ballot for an election under this section must be | ||
printed to permit voting for or against the proposition: "The | ||
dissolution of the Bexar Metropolitan Water District." | ||
SECTION 1.02. (a) On the date on which the election results | ||
are officially declared the commission shall certify that result to | ||
the secretary of state. | ||
(b) If the proposition is approved by a majority of the | ||
voters voting at the election: | ||
(1) Article 3 of this Act takes effect on the date the | ||
results are officially declared; and | ||
(2) Article 2 of this Act does not take effect. | ||
(c) If a majority of the voters voting at the election do not | ||
approve the proposition: | ||
(1) Article 2 of this Act takes effect on the date the | ||
results are officially declared; and | ||
(2) Article 3 of this Act does not take effect. | ||
ARTICLE 2. BOARD OF DIRECTORS OF THE BEXAR METROPOLITAN WATER | ||
DISTRICT IF VOTERS DO NOT DISSOLVE THE DISTRICT UNDER ARTICLE 1 | ||
SECTION 2.01. Sections 1 and 8, Chapter 306, Acts of the | ||
49th Legislature, Regular Session, 1945, are amended to read as | ||
follows: | ||
Sec. 1. In obedience to the provisions of Article 16, | ||
Section 59 of the Constitution of Texas, there is hereby created | ||
Bexar Metropolitan Water District. [ |
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Sec. 8. (a) [ |
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Directors are [ |
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terms in an election held on the uniform election date in November. | ||
Directors are elected from numbered single-member districts | ||
established by the Board. The Board shall revise each | ||
single-member district after each decennial census to reflect | ||
population changes and to conform with state law, the federal | ||
Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.), and any | ||
applicable court order [ |
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the candidate from each single-member district who receives [ |
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number of votes is [ |
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single-member district. Each Director shall hold office until his | ||
successor is [ |
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(a-1) A person is not eligible to serve as a Director for | ||
more than three terms or for more than a total of seven years of | ||
service.[ |
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(b) Such [ |
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canvassed in the manner provided by the Election Code. [ |
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(c) The [ |
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the Board by appointment and such appointees shall hold office | ||
until a successor elected at the next scheduled election date has | ||
qualified. [ |
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(d) Any four [ |
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resolution or order or the transaction of any business of the | ||
District.[ |
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(e) A Director must [ |
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single-member district from which the Director is elected [ |
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(f) A payment to a Director for fees of office under Section | ||
49.060, Water Code, may not be made for a meeting that occurs in a | ||
different fiscal year from the one in which the payment is made. | ||
SECTION 2.02. Section 33A, Chapter 306, Acts of the 49th | ||
Legislature, Regular Session, 1945, is amended by amending | ||
Subsection (c) and adding Subsection (g) to read as follows: | ||
(c) The oversight committee is comprised of seven [ |
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members appointed as follows [ |
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(1) two Senators who represent Senate districts that | ||
include territory within the Bexar Metropolitan Water District, | ||
[ |
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(2) two Representatives who represent [ |
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districts that include territory within the District, [ |
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Representatives; | ||
(3) one member with special expertise in the operation | ||
of public water utilities appointed by the Governor; | ||
(4) one member appointed by the Governor to represent | ||
the public; and | ||
(5) one [ |
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Court who represents a precinct in which customers of the District | ||
reside. | ||
(g) On or before December 31, 2012, the oversight committee | ||
shall provide a report under Subsection (e) of this section to the | ||
legislature. The committee is abolished and this section expires | ||
January 1, 2013. | ||
SECTION 2.03. Chapter 306, Acts of the 49th Legislature, | ||
Regular Session, 1945, is amended by adding Sections 1A, 8A, 8B, 8C, | ||
10A, and 10B to read as follows: | ||
Sec. 1A. In this Act: | ||
(1) "Board" means the District's Board of Directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a Board member. | ||
(4) "District" means the Bexar Metropolitan Water | ||
District. | ||
Sec. 8A. (a) To be eligible to be a candidate for or to be | ||
elected or appointed as a Director, a person must have: | ||
(1) resided continuously in the single-member | ||
district that the person seeks to represent for 12 months | ||
immediately preceding the date of the regular filing deadline for | ||
the candidate's application for a place on the ballot; | ||
(2) viewed the open government training video provided | ||
by the attorney general and provided to the Board a signed affidavit | ||
stating that the candidate viewed the video; | ||
(3) obtained 200 signatures from individuals living in | ||
the District; and | ||
(4) paid a filing fee of $250 or filed a petition in | ||
lieu of the filing fee that satisfies the requirements prescribed | ||
by Section 141.062, Election Code. | ||
(b) In this subsection, "political contribution" and | ||
"specific-purpose committee" have the meanings assigned by Section | ||
251.001, Election Code. A Director or a candidate for the office of | ||
Director may not knowingly accept political contributions from a | ||
person that in the aggregate exceed $500 in connection with each | ||
election in which the person is involved. For purposes of this | ||
subsection, a contribution to a specific-purpose committee for the | ||
purpose of supporting a candidate for the office of Director, | ||
opposing the candidate's opponent, or assisting the candidate as an | ||
officeholder is considered to be a contribution to the candidate. | ||
Sec. 8B. (a) A person who is elected or appointed to and | ||
qualifies for office as a Director on or after the effective date of | ||
this section may not vote, deliberate, or be counted as a member in | ||
attendance at a meeting of the Board until the person completes a | ||
training program on District management issues. The training | ||
program must provide information to the person regarding: | ||
(1) the enabling legislation that created the | ||
District; | ||
(2) the operation of the District; | ||
(3) the role and functions of the Board; | ||
(4) the rules of the Board; | ||
(5) the current budget for the Board; | ||
(6) the results of the most recent formal audit of the | ||
Board; | ||
(7) the requirements of the: | ||
(A) open meetings law, Chapter 551, Government | ||
Code; | ||
(B) open records law, Chapter 552, Government | ||
Code; and | ||
(C) administrative procedure law, Chapter 2001, | ||
Government Code; | ||
(8) the requirements of the conflict of interest laws | ||
and other laws relating to public officials; and | ||
(9) any applicable ethics policies adopted by the | ||
Board or the Texas Ethics Commission. | ||
(b) The Texas Commission on Environmental Quality may | ||
create an advanced training program designed for a person who has | ||
previously completed a training program described by Subsection (a) | ||
of this section. If the commission creates an advanced training | ||
program under this subsection, a person who completes that advanced | ||
training program is considered to have met the person's obligation | ||
under Subsection (a) of this section. | ||
(c) Each Director who is elected or appointed on or after | ||
the effective date of this section shall complete a training | ||
program described by Subsection (a) or (b) of this section at least | ||
once in each term the Director serves. | ||
(d) The Board shall adopt rules regarding the completion of | ||
the training program described by Subsection (a) or (b) of this | ||
section by a person who is elected or appointed to and qualifies for | ||
office as a Director before the effective date of this section. A | ||
Director described by this subsection who does not comply with | ||
Board rules is considered incompetent as to the performance of the | ||
duties of a Director in any action to remove the Director from | ||
office. | ||
(e) A Director may not: | ||
(1) accept or solicit a gift, favor, or service, the | ||
value of which exceeds $25 per gift, favor, or service, that: | ||
(A) might reasonably influence the Director in | ||
the discharge of an official duty; or | ||
(B) the Director knows or should know is being | ||
offered with the intent to influence the Director's official | ||
conduct; | ||
(2) accept other employment or engage in a business or | ||
professional activity that the Director might reasonably expect | ||
would require or induce the Director to disclose confidential | ||
information acquired by reason of the official position; | ||
(3) accept other employment or compensation that could | ||
reasonably be expected to impair the Director's independence of | ||
judgment in the performance of the Director's official duties; | ||
(4) make personal investments that could reasonably be | ||
expected to create a substantial conflict between the Director's | ||
private interest and the interest of the District; | ||
(5) intentionally or knowingly solicit, accept, or | ||
agree to accept any benefit for having exercised the Director's | ||
official powers or performed the Director's official duties in | ||
favor of another; or | ||
(6) have a personal interest in an agreement executed | ||
by the District. | ||
(f) Not later than April 30 each year, a Director shall file | ||
with the Bexar County clerk a verified financial statement | ||
complying with Sections 572.022, 572.023, 572.024, and 572.0252, | ||
Government Code. The District shall keep a copy of a financial | ||
statement filed under this section in the main office of the | ||
District. | ||
Sec. 8C. (a) A Director may be recalled for: | ||
(1) incompetency or official misconduct as defined by | ||
Section 21.022, Local Government Code; | ||
(2) conviction of a felony; | ||
(3) incapacity; | ||
(4) failure to file a financial statement as required | ||
by Section 8B(f) of this Act; | ||
(5) failure to complete a training program described | ||
by Section 8B(a) or (b) of this Act; or | ||
(6) failure to maintain residency in the District. | ||
(b) If at least 10 percent of the voters in the District | ||
submit a petition to the Board requesting the recall of a Director, | ||
the Board, not later than the 10th day after the date the petition | ||
is submitted, shall mail a written notice of the petition and the | ||
date of its submission to each registered voter in the District. | ||
(c) Not later than the 30th day after the date a petition | ||
requesting the recall of a Director is submitted, the Board shall | ||
order an election on the question of recalling the Director. | ||
(d) A recall election under this section may be held on any | ||
uniform election date. | ||
(e) If a majority of the District voters voting at an | ||
election held under this section favor the recall of the Director, | ||
the Director is recalled and ceases to be a Director. | ||
Sec. 10A. All Board reimbursements and expenditures must be | ||
approved by the Board in a regularly scheduled meeting. | ||
Sec. 10B. The Board may not select the same auditor to | ||
conduct an audit required by Section 49.191, Water Code, for more | ||
than three consecutive annual audits. | ||
SECTION 2.04. (a) Section 8, Chapter 306, Acts of the 49th | ||
Legislature, Regular Session, 1945, as amended by this Act, applies | ||
only to a member of the board of directors of the Bexar Metropolitan | ||
Water District who is elected to the board on or after the effective | ||
date of this Act. | ||
(b) Section 8A, Chapter 306, Acts of the 49th Legislature, | ||
Regular Session, 1945, as added by this Act, applies only to a | ||
member of the board of directors of the Bexar Metropolitan Water | ||
District who is elected to the board on or after the effective date | ||
of this Act. A director who is elected before the effective date of | ||
this Act is governed by the law in effect when the director was | ||
elected, and the former law is continued in effect for that purpose. | ||
(c) For two of the numbered single-member district | ||
director's positions that expire in 2012, the district shall call | ||
and hold an election on a uniform election date in that year to | ||
elect the directors for those positions for terms that expire on the | ||
uniform election date in November 2013. For the other two | ||
director's positions that expire in 2012, the district shall call | ||
and hold an election on the same uniform election date in that year | ||
to elect the directors for those positions for terms that expire on | ||
the uniform election date in November 2014. The district shall | ||
determine by lot which single-member districts shall elect | ||
directors to serve one-year terms and which shall elect directors | ||
to serve two-year terms. | ||
ARTICLE 3. CREATION OF THE ALAMO WATER DISTRICT IF VOTERS DISSOLVE | ||
THE BEXAR METROPOLITAN WATER DISTRICT UNDER ARTICLE 1 | ||
SECTION 3.01. (a) The Bexar Metropolitan Water District is | ||
dissolved. The district shall stay in effect to complete the | ||
transfer under Section 3.05 of this article. | ||
(b) The Texas Commission on Environmental Quality shall | ||
enter an order dissolving the Bexar Metropolitan Water District. | ||
SECTION 3.02. Sections 1 and 8, Chapter 306, Acts of the | ||
49th Legislature, Regular Session, 1945, are amended to read as | ||
follows: | ||
Sec. 1. Under [ |
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16, Section 59 of the Constitution of Texas, there is [ |
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created the Alamo Water District. [ |
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Sec. 8. (a) [ |
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Directors are [ |
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terms in an election held on the uniform election date in November. | ||
Directors are elected from numbered single-member districts | ||
established by the Board. The Board shall revise each | ||
single-member district after each decennial census to reflect | ||
population changes and to conform with state law, the federal | ||
Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.), and any | ||
applicable court order [ |
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the candidate from each single-member district who receives [ |
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number of votes is [ |
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single-member district. Each Director shall hold office until his | ||
successor is [ |
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(a-1) A person is not eligible to serve as a Director for | ||
more than three terms or for more than a total of seven years of | ||
service.[ |
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(b) Such [ |
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canvassed in the manner provided by the Election Code. [ |
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(c) The [ |
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the Board by appointment and such appointees shall hold office | ||
until a successor elected at the next scheduled election date has | ||
qualified. [ |
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(d) Any four [ |
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resolution or order or the transaction of any business of the | ||
District.[ |
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(e) A Director must [ |
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single-member district from which the Director is elected [ |
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(f) A payment to a Director for fees of office under Section | ||
49.060, Water Code, may not be made for a meeting that occurs in a | ||
different fiscal year from the one in which the payment is made. | ||
SECTION 3.03. Chapter 306, Acts of the 49th Legislature, | ||
Regular Session, 1945, is amended by adding Sections 1A, 8A, 8B, 8C, | ||
10A, and 10B to read as follows: | ||
Sec. 1A. In this Act: | ||
(1) "Board" means the District's Board of Directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a Board member. | ||
(4) "District" means the Alamo Water District. | ||
Sec. 8A. (a) To be eligible to be a candidate for or to be | ||
elected or appointed as a Director, a person must have: | ||
(1) resided continuously in the single-member | ||
district that the person seeks to represent for 12 months | ||
immediately preceding the date of the regular filing deadline for | ||
the candidate's application for a place on the ballot; | ||
(2) viewed the open government training video provided | ||
by the attorney general and provided to the Board a signed affidavit | ||
stating that the candidate viewed the video; | ||
(3) obtained 200 signatures from individuals living in | ||
the District; and | ||
(4) paid a filing fee of $250 or filed a petition in | ||
lieu of the filing fee that satisfies the requirements prescribed | ||
by Section 141.062, Election Code. | ||
(b) In this subsection, "political contribution" and | ||
"specific-purpose committee" have the meanings assigned by Section | ||
251.001, Election Code. A Director or a candidate for the office of | ||
Director may not knowingly accept political contributions from a | ||
person that in the aggregate exceed $500 in connection with each | ||
election in which the person is involved. For purposes of this | ||
subsection, a contribution to a specific-purpose committee for the | ||
purpose of supporting a candidate for the office of Director, | ||
opposing the candidate's opponent, or assisting the candidate as an | ||
officeholder is considered to be a contribution to the candidate. | ||
Sec. 8B. (a) A person who is elected or appointed to and | ||
qualifies for office as a Director may not vote, deliberate, or be | ||
counted as a member in attendance at a meeting of the Board until | ||
the person completes a training program on District management | ||
issues. The training program must provide information to the | ||
person regarding: | ||
(1) the enabling legislation that created the | ||
District; | ||
(2) the operation of the District; | ||
(3) the role and functions of the Board; | ||
(4) the rules of the Board; | ||
(5) the current budget for the Board; | ||
(6) the results of the most recent formal audit of the | ||
Board; | ||
(7) the requirements of the: | ||
(A) open meetings law, Chapter 551, Government | ||
Code; | ||
(B) open records law, Chapter 552, Government | ||
Code; and | ||
(C) administrative procedure law, Chapter 2001, | ||
Government Code; | ||
(8) the requirements of the conflict of interest laws | ||
and other laws relating to public officials; and | ||
(9) any applicable ethics policies adopted by the | ||
Board or the Texas Ethics Commission. | ||
(b) The Texas Commission on Environmental Quality may | ||
create an advanced training program designed for a person who has | ||
previously completed a training program described by Subsection (a) | ||
of this section. If the commission creates an advanced training | ||
program under this subsection, a person who completes that advanced | ||
training program is considered to have met the person's obligation | ||
under Subsection (a) of this section. | ||
(c) Each Director who is elected or appointed shall complete | ||
a training program described by Subsection (a) or (b) of this | ||
section at least once in each term the Director serves. | ||
(d) The Board shall adopt rules regarding the completion of | ||
the training program described by Subsection (a) or (b) of this | ||
section by a person who is elected or appointed to and qualifies for | ||
office as a Director. A Director described by this subsection who | ||
does not comply with Board rules is considered incompetent as to the | ||
performance of the duties of a Director in any action to remove the | ||
Director from office. | ||
(e) A Director may not: | ||
(1) accept or solicit a gift, favor, or service, the | ||
value of which exceeds $25 per gift, favor, or service, that: | ||
(A) might reasonably influence the Director in | ||
the discharge of an official duty; or | ||
(B) the Director knows or should know is being | ||
offered with the intent to influence the Director's official | ||
conduct; | ||
(2) accept other employment or engage in a business or | ||
professional activity that the Director might reasonably expect | ||
would require or induce the Director to disclose confidential | ||
information acquired by reason of the official position; | ||
(3) accept other employment or compensation that could | ||
reasonably be expected to impair the Director's independence of | ||
judgment in the performance of the Director's official duties; | ||
(4) make personal investments that could reasonably be | ||
expected to create a substantial conflict between the Director's | ||
private interest and the interest of the District; | ||
(5) intentionally or knowingly solicit, accept, or | ||
agree to accept any benefit for having exercised the Director's | ||
official powers or performed the Director's official duties in | ||
favor of another; or | ||
(6) have a personal interest in an agreement executed | ||
by the District. | ||
(f) Not later than April 30 each year, a Director shall file | ||
with the Bexar County clerk a verified financial statement | ||
complying with Sections 572.022, 572.023, 572.024, and 572.0252, | ||
Government Code. The District shall keep a copy of a financial | ||
statement filed under this section in the main office of the | ||
District. | ||
Sec. 8C. (a) A Director may be recalled for: | ||
(1) incompetency or official misconduct as defined by | ||
Section 21.022, Local Government Code; | ||
(2) conviction of a felony; | ||
(3) incapacity; | ||
(4) failure to file a financial statement as required | ||
by Section 8B(f) of this Act; | ||
(5) failure to complete a training program described | ||
by Section 8B(a) or (b) of this Act; or | ||
(6) failure to maintain residency in the District. | ||
(b) If at least 10 percent of the voters in the District | ||
submit a petition to the Board requesting the recall of a Director, | ||
the Board, not later than the 10th day after the date the petition | ||
is submitted, shall mail a written notice of the petition and the | ||
date of its submission to each registered voter in the District. | ||
(c) Not later than the 30th day after the date a petition | ||
requesting the recall of a Director is submitted, the Board shall | ||
order an election on the question of recalling the Director. | ||
(d) A recall election under this section may be held on any | ||
uniform election date. | ||
(e) If a majority of the District voters voting at an | ||
election held under this section favor the recall of the Director, | ||
the Director is recalled and ceases to be a Director. | ||
Sec. 10A. All Board reimbursements and expenditures must be | ||
approved by the Board in a regularly scheduled meeting. | ||
Sec. 10B. The Board may not select the same auditor to | ||
conduct an audit required by Section 49.191, Water Code, for more | ||
than three consecutive annual audits. | ||
SECTION 3.04. Sections 7, 27A, 27D, 27F, 27G, and 33A, | ||
Chapter 306, Acts of the 49th Legislature, Regular Session, 1945, | ||
are repealed. | ||
SECTION 3.05. Not later than one month after the effective | ||
date of this article under Section 1.02 of this Act: | ||
(1) all functions and activities performed | ||
immediately before that date by the Bexar Metropolitan Water | ||
District are transferred to the Alamo Water District; | ||
(2) a rule, form, policy, procedure, or decision of | ||
the Bexar Metropolitan Water District continues in effect as a | ||
rule, form, policy, procedure, or decision of the Alamo Water | ||
District and remains in effect until amended or replaced by the | ||
Alamo Water District; | ||
(3) a reference in law or administrative rule to the | ||
Bexar Metropolitan Water District means the Alamo Water District; | ||
(4) all money, contracts, leases, rights, property, | ||
records, and bonds and other obligations of the Bexar Metropolitan | ||
Water District are transferred to the Alamo Water District; | ||
(5) a court case, administrative proceeding, contract | ||
negotiation, or other proceeding involving the Bexar Metropolitan | ||
Water District is transferred without change in status to the Alamo | ||
Water District, and the Alamo Water District assumes, without a | ||
change in status, the position of the Bexar Metropolitan Water | ||
District in a negotiation or proceeding relating to an activity | ||
transferred by this article to the Alamo Water District to which the | ||
Bexar Metropolitan Water District is a party; and | ||
(6) an employee of the Bexar Metropolitan Water | ||
District who earns less than $50,000 per year becomes an employee of | ||
the Alamo Water District. | ||
SECTION 3.06. (a) Not later than the transfer under Section | ||
3.05 of this article, commissioners courts shall appoint the | ||
initial board of the Alamo Water District as follows: | ||
(1) three members appointed by the Commissioners Court | ||
of Bexar County; | ||
(2) two members appointed by the Commissioners Court | ||
of Atascosa County; | ||
(3) two members appointed by the Commissioners Court | ||
of Medina County; and | ||
(4) two members appointed by the Commissioners Court | ||
of Comal County. | ||
(b) The initial board serves until directors are elected as | ||
provided by Section 8, Chapter 306, Acts of the 49th Legislature, | ||
Regular Session, 1945, as amended by this article, on the first | ||
uniform election date in November following the date the district | ||
is created that allows compliance with that section. | ||
(c) The initial board may not include a person serving as a | ||
director on the day before the effective date of this article. | ||
(d) Sections 8B(a)(1), 8A(a)(3), 8A(a)(4), 8A(b), 8B(a), | ||
8B(c), and 8B(f), Chapter 306, Acts of the 49th Legislature, | ||
Regular Session, 1945, as added by this article, do not apply to an | ||
initial director. | ||
(e) The initial board shall draw seven single-member voting | ||
districts in the district according to Section 8(a), Chapter 306, | ||
Acts of the 49th Legislature, Regular Session, 1945, as amended by | ||
this article. | ||
SECTION 3.07. The first members of the board of directors of | ||
the Alamo Water District elected under the changes in law made by | ||
this article shall agree on, or draw lots to determine, which | ||
member's term expires one year from the date the term began, and | ||
which member's term expires two years from the date the term began. | ||
SECTION 3.08. The boundaries of the Alamo Water District | ||
are coterminous with the boundaries of the Bexar Metropolitan Water | ||
District as they existed immediately before the effective date of | ||
this article under Section 1.02 of this Act. | ||
ARTICLE 4. EFFECTIVE DATE OF ACT | ||
SECTION 4.01. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2011. |