Bill Text: TX SB627 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the Red River Authority, following recommendations of the Sunset Advisory Commission.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2019-05-07 - Effective on 9/1/19 [SB627 Detail]
Download: Texas-2019-SB627-Enrolled.html
S.B. No. 627 |
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relating to the Red River Authority, following recommendations of | ||
the Sunset Advisory Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1A(a), Chapter 279, Acts of the 56th | ||
Legislature, Regular Session, 1959, 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 be conducted under Section 325.025, | ||
Government Code, as if the Authority were a state agency scheduled | ||
to be abolished September 1, 2031 [ |
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that year. | ||
SECTION 2. Chapter 279, Acts of the 56th Legislature, | ||
Regular Session, 1959, is amended by adding Sections 4a and 4b to | ||
read as follows: | ||
Sec. 4a. (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 4 of this Act; | ||
(2) does not maintain during service on the Board the | ||
qualifications required by Section 4 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. 4b. (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 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 has received and reviewed the training manual. | ||
SECTION 3. Sections 5, 7, 9, 10, and 11, Chapter 279, Acts | ||
of the 56th Legislature, Regular Session, 1959, are amended to read | ||
as follows: | ||
Sec. 5. The directors of the Authority shall organize by | ||
electing one director [ |
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vice-president, one secretary, and one treasurer. Five (5) | ||
directors shall constitute a quorum at any meeting and a | ||
concurrence of a majority of those present shall be sufficient in | ||
all matters pertaining to the business of the district, except the | ||
letting of construction contracts and the authorization of issuance | ||
of warrants paying therefor, which shall require the concurrence of | ||
seven (7) directors. Warrants for the payment of money may be drawn | ||
and signed by two (2) officers or employees designated by standing | ||
order entered in the minutes of the Authority when such accounts | ||
have been contracted and ordered paid by the Board of Directors. | ||
Sec. 7. The Governor shall designate a director of the Board | ||
as the president of the Board to serve in that capacity at the | ||
pleasure of the Governor. The president shall preside at all | ||
meetings of the Board and shall be the chief executive officer of | ||
the Authority. 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 and | ||
expended. In case of the absence or inability of the secretary to | ||
act, a secretary pro tem shall be selected by the directors. | ||
Sec. 9. A complete book of accounts shall be kept. The | ||
account books and records of the Authority and of the depository of | ||
the Authority shall be audited by a Certified Public Accountant | ||
annually as soon as practicable after the end of the district's | ||
fiscal year, such audit to cover a fiscal year ending September 30 | ||
of each year, and a report thereon shall be submitted to the first | ||
regular meeting of the Board of Directors thereafter. A copy of the | ||
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open to public inspection. | ||
Sec. 10. (a) Unless the Board by resolution increases the | ||
fee to an amount authorized by Section 49.060, Water Code, the [ |
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directors shall receive as fees of office the sum of not to exceed | ||
Twenty-Five ($25.00) Dollars per day for each day of service | ||
necessary to the discharge of their duties, in addition to all | ||
traveling expenses, provided the same is authorized by vote of the | ||
Board of Directors, they shall file with the secretary on the last | ||
day of each month, or as soon thereafter as practicable, a verified | ||
statement showing the actual amount due and warrants shall be | ||
issued therefor. | ||
(b) In all areas of conflict with Subsection (a) of this | ||
section, Section 49.060, Water Code, takes precedence. | ||
Sec. 11. The directors may employ a general manager for the | ||
Authority and may give him full authority in the management and | ||
operation of the Authority's affairs (subject only to the orders of | ||
the Board of Directors). The term of office and compensation to be | ||
paid such manager and all employees shall be fixed by the Board of | ||
Directors and all employees may be removed by the Board. A director | ||
may not be employed as general manager [ |
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SECTION 4. Chapter 279, Acts of the 56th Legislature, | ||
Regular Session, 1959, is amended by adding Section 11a to read as | ||
follows: | ||
Sec. 11a. The Board shall develop and implement policies | ||
that clearly separate the policymaking responsibilities of the | ||
Board and the management responsibilities of the general manager | ||
and staff of the Authority. | ||
SECTION 5. Section 14a, Chapter 279, Acts of the 56th | ||
Legislature, Regular Session, 1959, is amended to read as follows: | ||
Sec. 14a. (1) In addition to other purposes heretofore | ||
authorized by law, the Authority shall have and is vested with all | ||
the powers of the state of Texas under Section 59, Article XVI, | ||
Constitution of the State of Texas, and shall likewise, have and is | ||
vested with all powers, rights, privileges, and functions conferred | ||
upon navigation districts by General Law. The Authority is | ||
governed by and subject to Chapters 49, 60, and 62, Water Code, but | ||
in all areas of conflict, Chapter 62 takes precedence. The [ |
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have and is hereby authorized to exercise the following powers, | ||
rights and privileges, and functions; | ||
(2) to promote, construct, maintain and operate or aid | ||
and encourage, the construction, maintenance and operation of | ||
navigable canals or waterways and all navigational systems or | ||
facilities auxiliary thereto using the natural bed and banks of the | ||
Red River, where practicable and thence traversing such route as | ||
may be found by the Authority to be more feasible and practicable to | ||
connect Red River in Texas with any new navigation canals to be | ||
constructed in the lower reaches of Red River or to connect Red | ||
River with the intercoastal canal. The Authority is empowered to | ||
construct or cause to be constructed a system of artificial | ||
waterways and canals, together with all locks and other works, | ||
structures and artificial facilities as may be necessary and | ||
convenient for the construction, maintenance and operation of | ||
navigation canals or waterways and all navigational systems and | ||
facilities auxiliary thereto; | ||
(3) the right, power, and authority to acquire, | ||
purchase, improve, extend, take over, construct, maintain, repair, | ||
operate, develop and regulate ports, levees, wharves, docks, locks, | ||
warehouses, grain elevators, dumping facilities, belt railways, | ||
lands, and all other facilities or aids to navigation or aids | ||
necessary to the operation or development of ports, or waterways | ||
within the Red River Basin in Texas, provided, the powers conferred | ||
on the Authority under the provisions of this subdivision extend to | ||
a facility or aid authorized under this subdivision only if the | ||
facility or aid is situated in a county or counties included as part | ||
of said Authority; | ||
(4) to acquire by gift or purchase any and all | ||
properties of any kind, including lighters, tugs, barges and other | ||
floating equipment of any nature, real, personal or mixed, or any | ||
interest therein within or outside of the boundaries of the | ||
Authority necessary to the exercise of the powers, rights, | ||
privileges and functions conferred upon it by this Act and by | ||
condemnation in the manner provided in Section 18 of the Act | ||
creating the Authority, provided that the Authority shall not be | ||
required to give bond for appeal or bond for costs in any judicial | ||
proceedings; | ||
(5) to control, develop, store and use the natural | ||
flow and floodwaters of the Red River and its tributaries for the | ||
purpose of operating and maintaining said navigable canals or | ||
waterways and all navigational systems or facilities auxiliary | ||
thereto, provided, however, that such navigational use shall be | ||
subordinate to consumptive use of water, and navigation shall be | ||
incidental thereto; | ||
(6) to effectuate the construction, maintenance and | ||
operation of bank stabilization facilities and[ |
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rectification or alignment in order[ |
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preventing devastation of lands from recurrent over-flows and the | ||
protection of life and property in the watershed of the Red River in | ||
Texas or any tributaries thereof within the Authority from | ||
uncontrolled flood waters; to store and conserve to the greatest | ||
beneficial use the storm, flood and unappropriated waters of the | ||
Red River in Texas or any tributaries thereof within the Authority, | ||
so as to prevent the escape of any water without maximum beneficial | ||
use either within or without the boundaries of the Authority; | ||
(7) if [ |
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and operation of navigable canals or waterways and all navigational | ||
systems or facilities auxiliary thereto on the Red River in Texas is | ||
taken over or performed by the Federal Government or any agency of | ||
the Federal Government, then [ |
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(A) [ |
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into [ |
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the Federal Government, including [ |
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of property, [ |
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privileges; and | ||
(B) take any [ |
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Federal Government [ |
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(8) the Authority shall have the power to acquire | ||
additional land adjacent to any permanent improvement heretofore or | ||
hereafter constructed within the Authority for the purpose of | ||
developing public parks and recreational facilities; the power to | ||
acquire necessary right-of-way for public ingress and egress to | ||
such areas. The Authority may provide recreational facilities and | ||
services, and may enter into contracts and agreements with the | ||
Federal Government or any agency thereof; the Parks and Wildlife | ||
Department of the State of Texas, any county, municipality, | ||
municipal corporation, person, firm or nonprofit organization for | ||
the construction, operation and maintenance of such park or | ||
recreational facility. It is legislative intent that the Authority | ||
will coordinate the development of any public parks and | ||
recreational facilities with the Parks and Wildlife Department for | ||
conformity with the land and water resources conservation and | ||
recreation plan. [ |
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The Authority may perform all functions necessary to qualify for | ||
state or federal recreational grants and loans; | ||
(9) in addition to other purposes heretofore | ||
authorized by law and as a necessary aid to the conservation, | ||
control, preservation, and distribution of such water for | ||
beneficial use, the Authority is authorized to purchase, construct, | ||
improve, repair, operate and maintain works and facilities | ||
necessary for the collection, transportation, treatment and | ||
disposal of sewage and industrial waste and effluent and to issue | ||
negotiable bonds for such purposes, and the Authority may make | ||
contracts with cities and others under which the Authority will | ||
collect, transport, treat and dispose of sewage from such cities or | ||
other entities. The Authority may also make contracts with any city | ||
for the use of any collection, transportation, treatment or | ||
disposal facilities owned by such city or by the Authority; | ||
(10) the bonds which may be issued under this Section, | ||
shall be payable from revenues under any contract or contracts | ||
described herein or from other income of the Authority. Such bonds | ||
shall be in the form and shall be issued in the manner prescribed by | ||
law for other revenue bonds and as provided in Sections 26, 27, 28 | ||
and 29, Article 8280-228. | ||
SECTION 6. Chapter 279, Acts of the 56th Legislature, | ||
Regular Session, 1959, is amended by adding Section 14e to read as | ||
follows: | ||
Sec. 14e. (a) In this section, "system" means a system for | ||
the: | ||
(1) provision of water to the public for human | ||
consumption; or | ||
(2) collection and treatment of wastewater. | ||
(b) The Authority shall adopt an asset management plan by: | ||
(1) preparing an asset inventory that identifies the | ||
assets of each system and the condition of the assets; | ||
(2) developing criteria to prioritize assets for | ||
repair or replacement, including: | ||
(A) the date by which the asset will need to be | ||
repaired or replaced; | ||
(B) the importance of the asset in providing safe | ||
drinking water and complying with regulatory standards; | ||
(C) the importance of the asset to the effective | ||
operation of the system; and | ||
(D) other criteria as determined by the | ||
Authority; | ||
(3) estimating asset repair and replacement costs; | ||
(4) identifying and evaluating potential financing | ||
options; and | ||
(5) prioritizing systems that are not in compliance | ||
with federal or state regulatory standards, including water quality | ||
standards. | ||
(c) The Authority shall review and revise the plan as | ||
necessary to account for regulatory changes and other developments. | ||
(d) The Board shall approve the plan annually as part of its | ||
budgeting process. | ||
SECTION 7. Sections 17 and 20, Chapter 279, Acts of the 56th | ||
Legislature, Regular Session, 1959, are amended to read as follows: | ||
Sec. 17. (a) The Authority may seek and accept | ||
contributions to its funds from any source for [ |
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funding: | ||
(1) [ |
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necessary studies; | ||
(2) [ |
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(3) [ |
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computation of data respecting regional and general conditions that | ||
influence [ |
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improvements necessary to effect the purposes of the [ |
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(b) Any and all grants and gratuities shall be strictly | ||
accounted for and shall be subject to the same rules, regulations | ||
and orders as are other funds handled or disbursed by the Authority. | ||
Sec. 20. The Authority shall establish and collect rates | ||
and other charges for the sale or use of water or for its services | ||
sold, furnished or supplied which fees and charges shall be | ||
reasonable and nondiscriminatory but sufficient to produce | ||
revenues adequate to pay the expenses of the Authority in carrying | ||
out its functions for which it is created and to fulfill the terms | ||
of any agreements made with the holders of any of its obligations. | ||
Provided, however, that the rates and charges for the sale or use of | ||
water shall be subject to review by the Public Utility Commission of | ||
Texas [ |
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SECTION 8. Chapter 279, Acts of the 56th Legislature, | ||
Regular Session, 1959, is amended by adding Sections 20a and 20b to | ||
read as follows: | ||
Sec. 20a. (a) In this section and Section 20b, "affected | ||
person" has the meaning assigned by Section 13.002, Water Code. | ||
(b) The Board shall establish a process to ensure that, | ||
before the Authority makes a significant change to a rate or charge | ||
for the sale and use of water, affected persons are provided: | ||
(1) notice of proposed change; and | ||
(2) an opportunity to provide to the Board comments | ||
regarding the proposed change. | ||
(c) The process established under Subsection (b) must | ||
include: | ||
(1) the provision of notice of a proposed change: | ||
(A) on the Authority's website; and | ||
(B) in an affected person's utility bills; and | ||
(2) appropriate informational meetings or rate | ||
hearings that provide affected persons the opportunity to provide | ||
public comments about the proposed change to be held: | ||
(A) before sending a statement of intent required | ||
under Chapter 13, Water Code; | ||
(B) in locations as necessary to enable affected | ||
persons to attend; and | ||
(C) after the provision of notice under | ||
Subdivision (1) of this subsection. | ||
(d) The Board by rule shall establish a percentage change in | ||
a rate or charge such that a change greater than or equal to that | ||
percentage is considered significant for purposes of Subsection (b) | ||
of this section. | ||
Sec. 20b. (a) The Authority shall notify affected persons | ||
of their right to appeal changes to rates: | ||
(1) in any notices related to changes to rates; | ||
(2) in utility bills sent before the deadline for | ||
initiating an appeal under Chapter 13, Water Code; and | ||
(3) on the Authority's website. | ||
(b) The notice required by Subsection (a) of this section | ||
must include descriptions of: | ||
(1) the appeals process; | ||
(2) the requirements for an appeal, including the | ||
number of signatures needed on a petition; and | ||
(3) the methods available for obtaining additional | ||
information related to rates. | ||
SECTION 9. Section 22, Chapter 279, Acts of the 56th | ||
Legislature, Regular Session, 1959, is amended to read as follows: | ||
Sec. 22. The Authority may: | ||
(1) [ |
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regulation of its affairs; | ||
(2) [ |
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(3) [ |
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employees, [ |
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compensation; | ||
(4) [ |
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instruments necessary or convenient to the exercise of the [ |
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powers, rights, privileges and functions conferred on the Authority | ||
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to water control and improvement districts; | ||
(5) [ |
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(6) [ |
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United States of America, [ |
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source, and in connection with any such loan or grant,[ |
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into [ |
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required. | ||
SECTION 10. Chapter 279, Acts of the 56th Legislature, | ||
Regular Session, 1959, is amended by adding Sections 33, 34, 35, and | ||
36 to read as follows: | ||
Sec. 33. (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) of this section; | ||
(2) provide training as needed to implement the | ||
procedures for alternative dispute resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
Sec. 34. (a) 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. | ||
(b) At each regular meeting of the Board, the Board shall | ||
include public testimony as a meeting agenda item and allow members | ||
of the public to comment on other agenda items and other matters | ||
under the jurisdiction of the Authority. The Board may not | ||
deliberate on or decide a matter not included in the meeting agenda, | ||
except that the Board may discuss including the matter on the agenda | ||
for a subsequent meeting. | ||
Sec. 35. (a) The Authority shall maintain a system to | ||
promptly and efficiently act on complaints filed with the | ||
Authority. The Authority shall maintain information about the | ||
parties to and subject matter of the complaint, a summary of the | ||
results of the review or investigation of the complaint, and the | ||
disposition of the complaint. | ||
(b) The Authority shall make information available | ||
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. | ||
Sec. 36. (a) The state auditor shall conduct an audit of | ||
the Authority to evaluate whether the Authority has addressed the | ||
operational challenges identified in the report on the Authority by | ||
the Sunset Advisory Commission presented to the 86th Legislature. | ||
(b) The state auditor may not begin the audit required by | ||
Subsection (a) of this section before December 1, 2021, and shall | ||
prepare and submit a report of the findings of the audit to the | ||
chairman and executive director of the Sunset Advisory Commission | ||
not later than December 1, 2022. | ||
(c) The state auditor shall include the auditor's duties | ||
under this section in each audit plan under Section 321.013, | ||
Government Code, that governs the auditor's duties for the period | ||
specified by Subsection (b) of this section. | ||
(d) This section expires January 1, 2023. | ||
SECTION 11. Section 13, Chapter 279, Acts of the 56th | ||
Legislature, Regular Session, 1959, is repealed. | ||
SECTION 12. (a) The term of the president of the board of | ||
directors of the Red River Authority serving on the effective date | ||
of this Act expires September 1, 2019. The director serving as | ||
president on the effective date of this Act may continue to serve on | ||
the board of directors until the director's successor is appointed | ||
and has qualified. | ||
(b) Not later than September 2, 2019, the governor shall | ||
designate a director as president of the board of directors of the | ||
Red River Authority as required by Section 7, Chapter 279, Acts of | ||
the 56th Legislature, Regular Session, 1959, as amended by this | ||
Act. | ||
SECTION 13. (a) Notwithstanding Section 4b(a), Chapter | ||
279, Acts of the 56th Legislature, Regular Session, 1959, as added | ||
by this Act, a person serving on the board of directors of the Red | ||
River Authority may vote, deliberate, and be counted as a director | ||
in attendance at a meeting of the board until December 1, 2019. | ||
(b) This section expires January 1, 2020. | ||
SECTION 14. (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 15. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 627 passed the Senate on | ||
April 9, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 627 passed the House on | ||
April 26, 2019, by the following vote: Yeas 137, Nays 0, | ||
three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |