By: Clardy, et al. (Senate Sponsor - Johnson) H.B. No. 1555          (In the Senate - Received from the House April 26, 2023;   May 1, 2023, read first time and referred to Committee on Water,   Agriculture & Rural Affairs; May 4, 2023, reported favorably by the   following vote:  Yeas 9, Nays 0; May 4, 2023, sent to printer.)Click here to see the committee vote         COMMITTEE VOTE              YeaNayAbsentPNV          PerryX          HancockX          BlancoX          FloresX          GutierrezX          JohnsonX          KolkhorstX          SparksX          SpringerX     A BILL TO BE ENTITLED   AN ACT     relating to the Upper Guadalupe 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 1A(a), Chapter 5, page 1062, Special   Laws, Acts of the 46th Legislature, Regular Session, 1939, is   amended to read as follows:          Sec. 1A.  (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 2.  Section 8, Chapter 5, page 1062, Special Laws,   Acts of the 46th Legislature, Regular Session, 1939, is amended to   read as follows:          Section 8.  The [It shall not be necessary for the Board of   Directors to call or hold a hearing on the adoption of a plan of   taxation, but the] ad valorem plan of taxation shall be used by the   District.          SECTION 3.  Section 9, Chapter 5, page 1062, Special Laws,   Acts of the 46th Legislature, Regular Session, 1939, is amended by   amending Subsections (b), (c), and (d) and adding Subsection (f) to   read as follows:          (b)  Directors are appointed by the Governor. The Governor   shall designate a Director as the president of the Board to serve in   that capacity at the pleasure of the Governor. Directors are   appointed for staggered terms of four [six (6)] years with either   four or five [three] Directors' terms expiring on February 1 of each   odd-numbered year. The Governor shall fill a vacancy on the Board   by appointment for the unexpired term.          (c)  The Board of Directors shall elect from its number a   [president, a] vice president and a secretary of the Board of   Directors and of the District, and such other officers as in the   judgment of the Board are necessary. The president, as designated   by the Governor, shall be chief executive officer of the District   and the presiding officer of the Board, and shall have the same   right to vote as any other Director. The vice president shall   perform all duties and exercise all power conferred by this Act or   the general law upon the president when the president is absent or   fails or declines to act. The secretary shall keep and sign the   minutes of the meetings of the Board of Directors; and in the   secretary's [his] absence at any board meeting, a secretary pro tem   shall be named for that meeting who may exercise all the duties and   powers of the secretary for such meeting, sign the minutes thereof,   and attest all orders passed or other action taken at such meeting.   The secretary shall be the custodian of all minutes and records of   the District.          (d)  The Board shall appoint a general manager of the   District and all necessary engineers, attorneys, auditors, and   other employees.          (f)  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.          SECTION 4.  Chapter 5, page 1062, Special Laws, Acts of the   46th Legislature, Regular Session, 1939, is amended by adding   Sections 9A, 9B, 9C, and 9D to read as follows:          Sec. 9A.  (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 9(a) of this Act;                (2)  does not maintain during service on the Board the   qualifications required by Section 9(a) of this Act;                (3)  is ineligible for directorship under 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. 9B.  (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 Board;                (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. 9C.  (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. 9D.  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.  Section 7, Chapter 5, page 1062, Special Laws,   Acts of the 46th Legislature, Regular Session, 1939, is repealed.          SECTION 6.  At the first meeting of the board of the Upper   Guadalupe River Authority that follows the effective date of this   Act, the six directors of the Upper Guadalupe River Authority whose   terms do not expire on February 1, 2025, shall draw lots to   determine which director will serve a term that expires on February   1, 2025, and which five directors will serve terms that expire on   February 1, 2027.  The three directors with terms expiring on   February 1, 2025, will serve terms that expire on that date.          SECTION 7.  Notwithstanding Section 9B, Chapter 5, page   1062, Special Laws, Acts of the 46th Legislature, Regular Session,   1939, as added by this Act, a person serving on the board of   directors of the Upper Guadalupe River Authority may vote,   deliberate, and be counted as a director in attendance at a meeting   of the board until December 1, 2023.          SECTION 8.  (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 9.  This Act takes effect September 1, 2023.     * * * * *