H.B. No. 1921         AN ACT   relating to the functions and territory of the Upper Colorado River   Authority, following the recommendations of the Sunset Advisory   Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8506.003, Special District Local Laws   Code, is amended to read as follows:          Sec. 8506.003.  TERRITORY.  Unless modified under   Subchapter J, Chapter 49, Water Code, or other law, the authority's   territory consists of that part of this state included in the   boundaries of Coke, Concho, Crockett, Glasscock, Irion, Menard,   Mitchell, Nolan, Reagan, Runnels, Schleicher, Sterling, Taylor,   and Tom Green Counties.          SECTION 2.  Subchapter A, Chapter 8506, Special District   Local Laws Code, is amended by adding Section 8506.0021 to read as   follows:          Sec. 8506.0021.  APPLICATION OF SUNSET ACT. (a)  The   authority 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 authority were a state agency scheduled to be   abolished September 1, 2029, and every 12th year after that year.          (b)  The authority shall pay the cost incurred by the Sunset   Advisory Commission in performing the review. The Sunset Advisory   Commission shall determine the cost, and the authority shall pay   the amount promptly on receipt of a statement from the Sunset   Advisory Commission detailing the cost.          SECTION 3.  Section 8506.051, Special District Local Laws   Code, is amended by amending Subsection (c) and adding Subsection   (d) to read as follows:          (c)  Each director must be a resident of a county located in   the authority's territory.  The governor shall attempt to achieve   geographic representation throughout [Three directors must be   residents of Tom Green County, three directors must be residents of   Coke County, and three directors must be residents of counties   contiguous to the authority or a county any part of which is within   25 miles of] the authority in the appointment of directors.          (d)  The governor shall designate a member of the board as   the presiding officer of the board to serve in that capacity at the   pleasure of the governor.          SECTION 4.  Section 8506.056(a), Special District Local Laws   Code, is amended to read as follows:          (a)  The board shall select a secretary[, a presiding   officer,] and a treasurer.  The treasurer may also hold the office   of secretary.          SECTION 5.  Subchapter B, Chapter 8506, Special District   Local Laws Code, is amended by adding Sections 8506.060, 8506.061,   8506.062, and 8506.063 to read as follows:          Sec. 8506.060.  DIRECTOR TRAINING PROGRAM. (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 authority operations;                (2)  the programs, functions, rules, and budget of the   authority;                (3)  the scope of and limitations on the rulemaking   authority of the authority;                (4)  the results of the most recent formal audit of the   authority;                (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 directors of a river   authority in performing their duties; and                (6)  any applicable ethics policies adopted by the   authority or the Texas Ethics Commission.           (c)  A person appointed to the board is entitled to   reimbursement by the authority for travel expenses incurred in   attending the training program regardless of whether attendance at   the program occurs before or after the person qualifies for office.          (d)  The board shall create a training manual that includes   the information required by Subsection (b). The board shall   distribute a copy of the training manual annually to each director.   On receipt of the training manual, each director shall sign and   submit to the board a statement acknowledging receipt of the   training manual.          Sec. 8506.061.  SEPARATION OF POLICYMAKING AND MANAGEMENT   FUNCTIONS. The board shall develop and implement policies that   clearly separate the policymaking responsibilities of the board and   the management responsibilities of the general manager and staff of   the authority.          Sec. 8506.062.  NEGOTIATED RULEMAKING AND ALTERNATIVE   DISPUTE RESOLUTION. (a)  The board shall develop a policy to   encourage the use of:                 (1)  negotiated rulemaking procedures under Chapter   2008, Government Code, for the adoption of authority rules; and                (2)  appropriate alternative dispute resolution   procedures under Chapter 2009, Government Code, to assist in the   resolution of internal and external disputes under the authority's   jurisdiction.          (b)  The authority's procedures relating to alternative   dispute resolution must conform, to the extent possible, to any   model guidelines issued by the State Office of Administrative   Hearings for the use of alternative dispute resolution by state   agencies.          (c)  The authority shall:                (1)  coordinate the implementation of the policy   adopted under Subsection (a);                 (2)  provide training as needed to implement the   procedures for negotiated rulemaking or alternative dispute   resolution; and                 (3)  collect data concerning the effectiveness of those   procedures.          Sec. 8506.063.  PUBLIC COMMENT POLICY. 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 agenda item at board meetings.           SECTION 6.  Subchapter C, Chapter 8506, Special District   Local Laws Code, is amended by adding Section 8506.116 to read as   follows:          Sec. 8506.116.  COMPLAINTS. (a) The authority shall   maintain a system to promptly and efficiently act on complaints   filed with the authority. The authority 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 authority shall make information available   describing its procedures for complaint investigation and   resolution.          (c)  The authority shall periodically notify the complaint   parties of the status of the complaint until final disposition.          SECTION 7.  Section 1A, Chapter 126, General Laws, Acts of   the 44th Legislature, Regular Session, 1935, is repealed.          SECTION 8.  (a) Notwithstanding Section 8506.060(a),   Special District Local Laws Code, as added by this Act, a person   serving on the board of directors of the Upper Colorado River   Authority may vote, deliberate, and be counted as a director in   attendance at a meeting of the board until December 1, 2017.          (b)  This section expires January 1, 2018.          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, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1921 was passed by the House on April   27, 2017, by the following vote:  Yeas 142, Nays 2, 3 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 1921 was passed by the Senate on May   19, 2017, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor