Hopper Bill Grows Water Board From 3 To 16

The text as introduced · 938 words

89R3660 ANG-D

By: Hopper
H.B. No. 2326

A BILL TO BE ENTITLED

AN ACT

relating to requiring the board members of the Texas Water

Development Board to be elected by the qualified voters at a general

election instead of appointed by the governor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 6.052, Water Code, is

amended to read as follows:

Sec. 6.052. MEMBERS OF THE BOARD; ELECTION [ APPOINTMENT ].

SECTION 2. Section 6.052(a), Water Code, is amended to read

as follows:

[ (a) ] The board is composed of 16 [ three ] members who are

elected by the qualified voters of the regional water planning area

in which the member is running on the uniform election date in

November authorized by Section 41.001, Election Code [ appointed by

the governor with the advice and consent of the senate. One member

must have experience in the field of engineering, one member must

have experience in the field of public or private finance, and one

member must have experience in the field of law or business ].

SECTION 3. Sections 6.053(a), (b), and (d), Water Code, are

amended to read as follows:

(a) Members of the board must be members of the general

public who have experience in the fields of engineering, public or

private finance, or law or business .

(b) A person is not eligible for election [ appointment ] to

the board if the person or the person's spouse:

(1) is employed by or participates in the management

of a business entity or other organization regulated by the board or

receiving funds from the board;

(2) owns, controls, or has, directly or indirectly,

more than a 10 percent interest in a business entity or other

organization regulated by the board or receiving funds from the

board; or

(3) uses or receives a substantial amount of tangible

goods, services, or funds from the board.

(d) A person is not eligible for election [ appointment ] to

the board if the person served on the board on or before January 1,

2013.

SECTION 4. Section 6.054(a), Water Code, is amended to read

as follows:

(a) It is a ground for removal from the board that a member:

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

qualifications required for election [ appointment ] to the board;

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

qualifications required for election [ appointment ] to the board;

(3) is ineligible for membership under Sections 6.053,

6.057, and 6.058;

(4) cannot, because of illness or disability,

discharge the member's duties for a substantial part of the member's

term; or

(5) is absent from more than half of the regularly

scheduled board meetings that the member is eligible to attend

during a calendar year without an excuse approved by a majority vote

of the board.

SECTION 5. Section 6.056, Water Code, is amended to read as

follows:

Sec. 6.056. TERMS OF OFFICE. (a) The members of the board

hold office for staggered terms of six years[ , with the term of one

member expiring February 1 of each odd-numbered year ]. Each member

holds office until a successor is elected [ appointed ] and has

qualified.

(b) A person elected [ appointed ] to the board may not serve

for more than two six-year terms.

SECTION 6. Section 6.059, Water Code, is amended to read as

follows:

Sec. 6.059. CHAIRMAN OF THE BOARD. The members of the board

[ governor ] shall elect [ designate ] one member as chairman of the

board [ to serve at the will of the governor ].

SECTION 7. Sections 6.062(a) and (c), Water Code, are

amended to read as follows:

(a) A person who is elected [ appointed ] to and qualifies for

office as a member of the board may not vote, deliberate, or be

counted as a member in attendance at a meeting of the board until

the person completes a training program that complies with this

section.

(c) A person elected [ appointed ] to the board is entitled to

reimbursement, as provided by the General Appropriations Act, 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.

SECTION 8. Sections 6.052(b) and (c), Water Code, are

repealed.

SECTION 9. (a) The Texas Water Development Board shall hold

an election to elect 16 directors as described by Section 6.052,

Water Code, as amended by this Act, on the uniform election date in

November 2026.

(b) At the first meeting of the members of the Texas Water

Development Board that follows the election of members under

Subsection (a) of this section, the members shall draw lots to

determine which four directors shall serve a term of two years,

which six directors shall serve a term of four years, and which six

directors shall serve a term of six years. Thereafter, all elected

members serve six-year terms.

(c) The terms of the members serving on the Texas Water

Development Board expire on the date the members elected under

Subsection (a) of this section have qualified.

SECTION 10. This Act takes effect September 1, 2025, but

only if the constitutional amendment proposed by the 89th

Legislature, Regular Session, 2025, requiring the board members of

the Texas Water Development Board to be elected by the qualified

voters at a general election instead of appointed by the governor is

approved by the voters. If that amendment is not approved by the

voters, this Act has no effect.