By: Paxton, et al.  S.B. No. 2592          (In the Senate - Filed April 3, 2023; April 5, 2023, read   first time and referred to Committee on Water, Agriculture & Rural   Affairs; April 18, 2023, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   April 18, 2023, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 2592 By:  Hancock     A BILL TO BE ENTITLED   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.     * * * * *