By: Paxton, et al.  S.B. No. 2592
         (In the Senate - Filed April 3, 2023; April 5, 2023, read
  first time and referred to Committee on Water, Agriculture & Rural
  Affairs; April 18, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 18, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2592 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Lavaca-Navidad River Authority, following the
  recommendations of the Sunset Advisory Commission; altering terms
  of the board of directors; 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 1(a), Chapter 186, Acts of the 50th
  Legislature, Regular Session, 1947, as amended by Chapter 1224,
  Acts of the 78th Legislature, Regular Session, 2003, is reenacted
  to read as follows:
         (a)  There is hereby created and established within the State
  of Texas, in addition to the Districts into which the state has
  heretofore been divided, a Conservation and Reclamation District to
  be known as the Lavaca-Navidad River Authority, (hereinafter called
  the District), and consisting of that part of the State of Texas
  which is known as and included within the boundaries of Jackson
  County, Texas (the boundaries of the District being coextensive
  with the boundaries of Jackson County, Texas, and the District
  including all of the lands and other property, both real and
  personal, within the boundaries of said county). Such District
  shall be a governmental agency and body politic and corporate, with
  the powers of government and with the authority to exercise the
  rights, privileges, and functions hereinafter specified, the
  creation and establishment of such District being essential to the
  accomplishment of the purposes of Section 59 of Article XVI,
  Constitution of Texas, including the control, storing,
  preservation, and distribution of the storm and flood waters, and
  the waters of the rivers and streams of Jackson County and their
  tributaries, inside and outside the boundaries of the District, for
  domestic, municipal, flood control, irrigation, agricultural,
  mining and recovery of minerals, hydroelectric power, navigation,
  recreation and pleasure, public parks, game preserves, and other
  useful purposes, the development of parks on lands owned or
  acquired by the District, the reclamation and drainage of the
  overflow land of Jackson County, the conservation and development
  of forests, financing of and aiding in the development of
  facilities located on lands owned by the District for the
  generation, transmission, and sale of electric power and energy
  inside or outside the boundaries of the District, and to aid in the
  protection and promotion of navigation on the navigable waters by
  regulating the flood and storm waters that flow into said navigable
  streams. In addition, the District may discover, develop, and
  produce groundwater within the boundaries of the Lavaca River Basin
  for use within that portion of a county located within the
  boundaries of the Lavaca River Basin where groundwater is
  discovered, developed, and produced and may coordinate and contract
  with groundwater conservation districts to engage in conjunctive
  groundwater and surface water management.
         SECTION 2.  Section 1, Chapter 186, Acts of the 50th
  Legislature, Regular Session, 1947, is amended by amending
  Subsections (b) and (c) and adding Subsection (c-1) to read as
  follows:
         (b)  The management and control of the District shall be
  vested in a Board of Directors consisting of nine (9) members, who
  must reside within the District and shall be freehold property
  taxpayers and legal voters of the State of Texas. The members of
  the Board of Directors shall be appointed by the Governor of Texas
  with the advice and consent of the Senate. As soon as practicable
  after the passage of this Act (as hereby amended), the members of
  the Board of Directors shall be appointed (hereinafter referred to
  as "First Board"). In appointing the members of the First Board,
  the Governor shall appoint three (3) members to serve until May 1,
  1961, and until their successors are appointed and qualified, three
  (3) members to serve until May 1, 1963, and until their successors
  are appointed and qualified, and three (3) members to serve until
  May 1, 1965, and until their successors are appointed and
  qualified. Except for the First Board, the terms of office of the
  members of the Board of Directors shall be for four [six (6)] years
  ending on May 1st, and until their successors are appointed and
  qualified, with either two or three [three (3)] members to be
  appointed annually during the month of April [of each odd-numbered
  year] by the Governor to succeed the members whose terms of office
  shall expire on the following May 1st. If a vacancy on the Board of
  Directors occurs because of the resignation or death of a member, or
  otherwise, the Governor shall fill the same for the unexpired term
  by the appointment of a successor member. Each Director shall
  qualify by taking the official oath of office and filing a good and
  sufficient bond with the Secretary of State in the amount of One
  Thousand Dollars ($1,000.), which shall be payable to the District,
  conditioned upon the faithful performance of his (or her) official
  duties as a Director.
         (c)  The Board of Directors shall meet at such times and
  places as it shall designate, and shall hold regular and special
  meetings as it shall see fit. Said Board shall organize by electing
  one of its members as [President, one as] Vice President, one as
  Secretary, and one as Treasurer (provided that the offices of
  Secretary and Treasurer may be combined into one office of
  Secretary-Treasurer upon a majority vote of the members of the
  Board). The Governor shall designate a Director as the President of
  the Board to serve in that capacity at the pleasure of the Governor. 
  Except for the First Board, such officers shall serve for a term of
  one (1) year, and annually during the month of May said Board shall
  elect such officers. Special meetings of the Board may be called by
  the President or by any three members, and a majority of the members
  shall constitute a quorum to transact any and all business. A
  majority vote of the members present at any regular or special
  meeting shall be sufficient for the adoption of any proceedings or
  for the taking of any official action.
         (c-1)  The Board shall appoint a general manager of the
  District.
         SECTION 3.  Section 1A(a), Chapter 186, Acts of the 50th
  Legislature, Regular Session, 1947, 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 4.  Chapter 186, Acts of the 50th Legislature,
  Regular Session, 1947, is amended by adding Sections 1B, 1C, 1D, 1E,
  and 1F to read as follows:
         Sec. 1B.  (a)  It is a ground for removal from the Board that
  a Director:
               (1)  does not have at the time of taking office the
  qualifications required by Section 1 of this Act;
               (2)  does not maintain during service on the Board the
  qualifications required by Section 1 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 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. 1C.  (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 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. 1D.  The Board 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. 1E.  (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. 1F.  The Board 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 5.  The following provisions are repealed:
               (1)  Section 1(a), Chapter 22, Acts of the 56th
  Legislature, 3rd Called Session, 1959; and
               (2)  Chapter 417, Acts of the 61st Legislature, Regular
  Session, 1969.
         SECTION 6.  (a)  The legislature validates and confirms all
  governmental acts and proceedings of the Lavaca-Navidad River
  Authority that were taken before the effective date of this Act.
         (b)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 7.  At the first meeting of the board of the
  Lavaca-Navidad River Authority that follows the effective date of
  this Act, the six directors of the Lavaca-Navidad River Authority
  whose terms do not expire on May 1, 2027, shall draw lots to
  determine which two directors will serve terms that expire on May 1,
  2024, which two directors will serve terms that expire on May 1,
  2025, and which two directors will serve terms that expire on May 1,
  2026.  The three directors with terms expiring on May 1, 2027, will
  serve terms that expire on that date.
         SECTION 8.  Notwithstanding Section 1C, Chapter 186, Acts of
  the 50th Legislature, Regular Session, 1947, as added by this Act, a
  person serving on the board of directors of the Lavaca-Navidad
  River Authority may vote, deliberate, and be counted as a director
  in attendance at a meeting of the board until December 1, 2023.
         SECTION 9.  (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 10.  This Act takes effect September 1, 2023.
 
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