Bill Text: TX SB606 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the Lower Colorado River Authority, following recommendations of the Sunset Advisory Commission.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-05-07 - Effective on 9/1/19 [SB606 Detail]

Download: Texas-2019-SB606-Enrolled.html
 
 
  S.B. No. 606
 
 
 
 
AN ACT
  relating to the Lower Colorado River Authority, following
  recommendations of the Sunset Advisory Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8503.0021(a), Special District Local
  Laws Code, is amended to read as follows:
         (a)  The authority is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter.  The review shall not include the management of the
  generation or transmission of electricity under the wholesale
  electricity operation of the authority and the authority's
  affiliated nonprofit corporations.  The review shall be conducted
  under Section 325.025, Government Code, as if the authority were a
  state agency scheduled to be abolished September 1, 2031 [2019],
  and every 12th year after that year.
         SECTION 2.  Chapter 8503, Special District Local Laws Code,
  is amended by adding Sections 8503.0065, 8503.0105, 8503.0106,
  8503.0107, and 8503.0108 to read as follows:
         Sec. 8503.0065.  DIRECTOR TRAINING. (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 board
  meeting 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 authority operations;
               (2)  the programs, functions, rules, and budget of the
  authority;
               (3)  the results of the most recent formal audit of the
  authority;
               (4)  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosure of conflicts
  of interest; and
                     (B)  other laws applicable to members of the
  governing body of a river authority in performing their duties; and
               (5)  any applicable ethics policies adopted by the
  authority 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 authority shall create a
  training manual that includes the information required by
  Subsection (b). 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 has received and reviewed the training manual.
         Sec. 8503.0105.  PUBLIC ENGAGEMENT POLICY. The board shall
  develop and implement a policy that provides a structure for public
  engagement in regard to water supply projects. The policy must
  include a clear and detailed description of how the authority will
  seek to actively engage stakeholders, including the possible use
  of:
               (1)  advisory committees;
               (2)  community panels;
               (3)  town hall meetings; and
               (4)  other strategies on a recurring basis.
         Sec. 8503.0106.  COMPLAINTS. (a)  The authority shall
  maintain a system to promptly and efficiently act on complaints
  filed with the authority. The authority 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 authority shall make information available to the
  public, including on the authority's website, describing its
  procedures for complaint investigation and resolution.
         (c)  The authority shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
         (d)  The authority shall develop a standard form and a
  procedure for submitting complaints to the authority and shall make
  that form and procedure available on the authority's website. The
  authority shall also make available on its website clear
  information about what a person making a complaint should expect
  after the complaint is filed, including timelines for response and
  resolution.
         Sec. 8503.0107.  PUBLIC TESTIMONY. (a)  In this section,
  "committee-of-the-whole" means a committee of the board in which
  every director is a member of the committee, regardless of whether
  all members are present at a particular meeting of the
  committee-of-the-whole.
         (b)  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
  authority.
         (c)  At each regular meeting of the board and each meeting as
  a committee-of-the-whole, the board shall include public testimony
  as a meeting agenda item and allow members of the public to comment
  on every agenda item and other matters under the jurisdiction of the
  authority. The board may not deliberate or decide a matter not
  included in the meeting agenda except to discuss including the
  matter on the agenda for a subsequent meeting.
         Sec. 8503.0108.  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
  (a)  The board shall develop a policy to encourage the use of
  appropriate alternative dispute resolution procedures under
  Chapter 2009, Government Code, to assist in the resolution of
  internal and external disputes under the authority's jurisdiction.
         (b)  The authority's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The authority shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for alternative dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 3.  Notwithstanding Section 8503.0065, Special
  District Local Laws Code, as added by this Act, a person serving on
  the board of directors of the Lower Colorado River Authority may
  vote, deliberate, and be counted as a director in attendance at a
  meeting of the board until December 1, 2019.
         SECTION 4.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 606 passed the Senate on
  April 15, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 606 passed the House on
  April 26, 2019, by the following vote:  Yeas 137, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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