Sabine River Authority of Texas gets Sunset changes

The text as introduced · 1,385 words

89R3114 SCF-D

By: Kitzman
H.B. No. 1530

A BILL TO BE ENTITLED

AN ACT

relating to the Sabine River Authority of Texas, 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. Section 2A(a), Chapter 110, Acts of the 51st

Legislature, Regular Session, 1949, 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, 2037 [ 2025 ], and every 12th year after

that year.

SECTION 2. Section 4, Chapter 110, Acts of the 51st

Legislature, Regular Session, 1949, is amended to read as follows:

Sec. 4. The Governor shall designate a Director as the

President of the Board to serve in that capacity at the pleasure of

the Governor. The Directors of the district shall organize by

electing one of their members [ President, one ] Vice-President, one

Secretary, and a Secretary pro tem. 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 bonds, which shall

require the concurrence of five (5) Directors. Warrants for the

payment of money may be drawn and signed by two (2) officers or

employees designated by resolution entered on the minutes of the

Directors, when such accounts have been contracted and ordered paid

by the Board of Directors.

SECTION 3. Chapter 110, Acts of the 51st Legislature,

Regular Session, 1949, is amended by adding Sections 4A, 4B, 6A, and

6B to read as follows:

Sec. 4A. (a) It is a ground for removal from the Board of

Directors that a Director:

(1) does not have at the time of taking office the

qualifications required by Section 3 of this Act;

(2) does not maintain during service on the Board the

qualifications required by Section 3 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 manager of the district has knowledge that a

potential ground for removal exists, the 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 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 meeting of the Board of Directors 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 Board of Directors;

(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 of Directors 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 manager of the district shall create a training

manual that includes the information required by Subsection (b) of

this section. The manager shall distribute a copy of the training

manual annually to each Director. Each Director shall sign and

submit to the manager a statement acknowledging that the Director

received and has reviewed the training manual.

Sec. 6A. (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. 6B. The Board of Directors 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 4. Section 10, Chapter 110, Acts of the 51st

Legislature, Regular Session, 1949, is amended to read as follows:

Sec. 10. The Directors shall [ may ] employ a manager for the

district, and may give the manager [ him ] full authority in the

management and operation of the district affairs (subject only to

the orders of the Board of Directors). 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.

SECTION 5. Chapter 110, Acts of the 51st Legislature,

Regular Session, 1949, is amended by adding Section 10A to read as

follows:

Sec. 10A. The Board of Directors shall develop and

implement policies that clearly separate the policy-making

responsibilities of the Board and the management responsibilities

of the manager and the employees of the district.

SECTION 6. (a) Except as provided by Subsection (b) of

this section, Section 4B, Chapter 110, Acts of the 51st

Legislature, Regular Session, 1949, as added by this Act, applies

to a member of the board of directors of the Sabine River Authority

of Texas appointed before, on, or after the effective date of this

Act.

(b) Notwithstanding Section 4B, Chapter 110, Acts of the

51st Legislature, Regular Session, 1949, as added by this Act, a

person serving on the board of directors of the Sabine River

Authority of Texas may vote, deliberate, and be counted as a

director in attendance at a meeting of the board until December 1,

2025. A director may not vote, deliberate, or be counted as a member

in attendance at a meeting of the board held on or after December 1,

2025, until the member completes the training required by that

section.

SECTION 7. (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 8. This Act takes effect September 1, 2025.