Bill Text: TX SB715 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the Brazos River Authority, following recommendations of the Sunset Advisory Commission; specifying grounds for the removal of a member of the board of directors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-29 - Left pending in committee [SB715 Detail]
Download: Texas-2021-SB715-Introduced.html
87R5545 SGM-D | ||
By: Hall | S.B. No. 715 |
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relating to the Brazos 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. Chapter 8502, Special District Local Laws Code, | ||
is amended by adding Sections 8502.0091, 8502.0092, 8502.0093, | ||
8502.0094, and 8502.0095 to read as follows: | ||
Sec. 8502.0091. GROUNDS FOR REMOVAL OF DIRECTORS. (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 8502.009; | ||
(2) does not maintain during service on the board the | ||
qualifications required by Section 8502.009; | ||
(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 | ||
presiding officer of the board of the potential ground. The | ||
presiding officer shall then notify the governor and the attorney | ||
general that a potential ground for removal exists. If the | ||
potential ground for removal involves the presiding officer, 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. 8502.0092. 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 scope of and limitations on the rulemaking | ||
authority of the authority; | ||
(4) the results of the most recent formal audit of the | ||
authority; | ||
(5) 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 | ||
(6) 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 received and has reviewed the training manual. | ||
Sec. 8502.0093. POLICIES TO SEPARATE POLICY-MAKING AND | ||
STAFF FUNCTIONS. 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 authority. | ||
Sec. 8502.0094. 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 describing its | ||
procedures for complaint investigation and resolution available to | ||
the public. | ||
(c) The authority shall periodically notify the complaint | ||
parties of the status of the complaint until final disposition | ||
unless the notice would jeopardize an investigation. | ||
Sec. 8502.0095. PUBLIC TESTIMONY. 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. | ||
SECTION 2. Notwithstanding Section 8502.0092, Special | ||
District Local Laws Code, as added by this Act, a person serving on | ||
the board of directors of the Brazos River Authority may vote, | ||
deliberate, and be counted as a director in attendance at a meeting | ||
of the board until December 1, 2021. | ||
SECTION 3. (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 4. This Act takes effect September 1, 2021. |