S.B. No. 2592

	AN ACT
	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 [six (6)] years
	ending on May 1st, and until their successors are appointed and
	qualified, with either two or three [three (3)] members to be
	appointed annually during the month of April [of each odd-numbered
	year] by the Governor to succeed the members whose terms of office
	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 [President, one as] Vice President, one as
	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 [2023], and every 12th year after
	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