Bill Text: TX SB2592 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the Lavaca-Navidad River Authority, following the recommendations of the Sunset Advisory Commission; altering terms of the board of directors; specifying grounds for the removal of a member of the board of directors.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB2592 Detail]
Download: Texas-2023-SB2592-Enrolled.html
S.B. No. 2592 |
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relating to the Lavaca-Navidad River Authority, following the | ||
recommendations of the Sunset Advisory Commission; altering terms | ||
of the board of directors; 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 1(a), Chapter 186, Acts of the 50th | ||
Legislature, Regular Session, 1947, as amended by Chapter 1224, | ||
Acts of the 78th Legislature, Regular Session, 2003, is reenacted | ||
to read as follows: | ||
(a) There is hereby created and established within the State | ||
of Texas, in addition to the Districts into which the state has | ||
heretofore been divided, a Conservation and Reclamation District to | ||
be known as the Lavaca-Navidad River Authority, (hereinafter called | ||
the District), and consisting of that part of the State of Texas | ||
which is known as and included within the boundaries of Jackson | ||
County, Texas (the boundaries of the District being coextensive | ||
with the boundaries of Jackson County, Texas, and the District | ||
including all of the lands and other property, both real and | ||
personal, within the boundaries of said county). Such District | ||
shall be a governmental agency and body politic and corporate, with | ||
the powers of government and with the authority to exercise the | ||
rights, privileges, and functions hereinafter specified, the | ||
creation and establishment of such District being essential to the | ||
accomplishment of the purposes of Section 59 of Article XVI, | ||
Constitution of Texas, including the control, storing, | ||
preservation, and distribution of the storm and flood waters, and | ||
the waters of the rivers and streams of Jackson County and their | ||
tributaries, inside and outside the boundaries of the District, for | ||
domestic, municipal, flood control, irrigation, agricultural, | ||
mining and recovery of minerals, hydroelectric power, navigation, | ||
recreation and pleasure, public parks, game preserves, and other | ||
useful purposes, the development of parks on lands owned or | ||
acquired by the District, the reclamation and drainage of the | ||
overflow land of Jackson County, the conservation and development | ||
of forests, financing of and aiding in the development of | ||
facilities located on lands owned by the District for the | ||
generation, transmission, and sale of electric power and energy | ||
inside or outside the boundaries of the District, and to aid in the | ||
protection and promotion of navigation on the navigable waters by | ||
regulating the flood and storm waters that flow into said navigable | ||
streams. In addition, the District may discover, develop, and | ||
produce groundwater within the boundaries of the Lavaca River Basin | ||
for use within that portion of a county located within the | ||
boundaries of the Lavaca River Basin where groundwater is | ||
discovered, developed, and produced and may coordinate and contract | ||
with groundwater conservation districts to engage in conjunctive | ||
groundwater and surface water management. | ||
SECTION 2. Section 1, Chapter 186, Acts of the 50th | ||
Legislature, Regular Session, 1947, is amended by amending | ||
Subsections (b) and (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(b) The management and control of the District shall be | ||
vested in a Board of Directors consisting of nine (9) members, who | ||
must reside within the District and shall be freehold property | ||
taxpayers and legal voters of the State of Texas. The members of | ||
the Board of Directors shall be appointed by the Governor of Texas | ||
with the advice and consent of the Senate. As soon as practicable | ||
after the passage of this Act (as hereby amended), the members of | ||
the Board of Directors shall be appointed (hereinafter referred to | ||
as "First Board"). In appointing the members of the First Board, | ||
the Governor shall appoint three (3) members to serve until May 1, | ||
1961, and until their successors are appointed and qualified, three | ||
(3) members to serve until May 1, 1963, and until their successors | ||
are appointed and qualified, and three (3) members to serve until | ||
May 1, 1965, and until their successors are appointed and | ||
qualified. Except for the First Board, the terms of office of the | ||
members of the Board of Directors shall be for four [ |
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ending on May 1st, and until their successors are appointed and | ||
qualified, with either two or three [ |
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appointed annually during the month of April [ |
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shall expire on the following May 1st. If a vacancy on the Board of | ||
Directors occurs because of the resignation or death of a member, or | ||
otherwise, the Governor shall fill the same for the unexpired term | ||
by the appointment of a successor member. Each Director shall | ||
qualify by taking the official oath of office and filing a good and | ||
sufficient bond with the Secretary of State in the amount of One | ||
Thousand Dollars ($1,000.), which shall be payable to the District, | ||
conditioned upon the faithful performance of his (or her) official | ||
duties as a Director. | ||
(c) The Board of Directors shall meet at such times and | ||
places as it shall designate, and shall hold regular and special | ||
meetings as it shall see fit. Said Board shall organize by electing | ||
one of its members as [ |
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Secretary, and one as Treasurer (provided that the offices of | ||
Secretary and Treasurer may be combined into one office of | ||
Secretary-Treasurer upon a majority vote of the members of the | ||
Board). The Governor shall designate a Director as the President of | ||
the Board to serve in that capacity at the pleasure of the Governor. | ||
Except for the First Board, such officers shall serve for a term of | ||
one (1) year, and annually during the month of May said Board shall | ||
elect such officers. Special meetings of the Board may be called by | ||
the President or by any three members, and a majority of the members | ||
shall constitute a quorum to transact any and all business. A | ||
majority vote of the members present at any regular or special | ||
meeting shall be sufficient for the adoption of any proceedings or | ||
for the taking of any official action. | ||
(c-1) The Board shall appoint a general manager of the | ||
District. | ||
SECTION 3. Section 1A(a), Chapter 186, Acts of the 50th | ||
Legislature, Regular Session, 1947, 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, 2035 [ |
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that year. | ||
SECTION 4. Chapter 186, Acts of the 50th Legislature, | ||
Regular Session, 1947, is amended by adding Sections 1B, 1C, 1D, 1E, | ||
and 1F to read as follows: | ||
Sec. 1B. (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 1 of this Act; | ||
(2) does not maintain during service on the Board the | ||
qualifications required by Section 1 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 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. 1C. (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 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 District; | ||
(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 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 District 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 received and has reviewed | ||
the training manual. | ||
Sec. 1D. 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 District. | ||
Sec. 1E. (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. 1F. 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 District. | ||
SECTION 5. The following provisions are repealed: | ||
(1) Section 1(a), Chapter 22, Acts of the 56th | ||
Legislature, 3rd Called Session, 1959; and | ||
(2) Chapter 417, Acts of the 61st Legislature, Regular | ||
Session, 1969. | ||
SECTION 6. (a) The legislature validates and confirms all | ||
governmental acts and proceedings of the Lavaca-Navidad River | ||
Authority that were taken before the effective date of this Act. | ||
(b) This section does not apply to any matter that on the | ||
effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final court | ||
judgment; or | ||
(2) has been held invalid by a final court judgment. | ||
SECTION 7. At the first meeting of the board of the | ||
Lavaca-Navidad River Authority that follows the effective date of | ||
this Act, the six directors of the Lavaca-Navidad River Authority | ||
whose terms do not expire on May 1, 2027, shall draw lots to | ||
determine which two directors will serve terms that expire on May 1, | ||
2024, which two directors will serve terms that expire on May 1, | ||
2025, and which two directors will serve terms that expire on May 1, | ||
2026. The three directors with terms expiring on May 1, 2027, will | ||
serve terms that expire on that date. | ||
SECTION 8. Notwithstanding Section 1C, Chapter 186, Acts of | ||
the 50th Legislature, Regular Session, 1947, as added by this Act, a | ||
person serving on the board of directors of the Lavaca-Navidad | ||
River Authority may vote, deliberate, and be counted as a director | ||
in attendance at a meeting of the board until December 1, 2023. | ||
SECTION 9. (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 10. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2592 passed the Senate on | ||
April 24, 2023, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2592 passed the House on | ||
May 17, 2023, by the following vote: Yeas 141, Nays 3, | ||
one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |