88R6320 MP-D     By: Troxclair H.B. No. 5226       A BILL TO BE ENTITLED   AN ACT   relating to the addition of two new elected members to the board of   directors of the Lower Colorado River Authority.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8503.006, Special District Local Laws   Code, is amended by amending Subsections (a), (b), (c), (d), (e),   (f), and (k) and adding Subsection (c-1) to read as follows:          (a)  The powers, rights, privileges, and functions of the   authority shall be exercised by the board. The board shall consist   of 17 [15] directors and shall include at least one director from   each of the counties named in Section 8503.003 except Travis   County, which shall have two directors.  Three directors shall be   appointed at large from the counties served with electric power,   other than the counties included in Section 8503.003. Two   directors shall be elected at large from the entire district,   including the counties that receive water or electricity from the   district.          (b)  This subsection applies only to appointed directors. A   director appointed at large may not serve for a period of more than   six consecutive years. A county other than a county included in   Section 8503.003 may not be represented on the board for more than   six consecutive years. A county other than Travis County may not   have two directors for a period greater than six consecutive years.          (c)  All directors [shall be] appointed by the governor with   the advice and consent of the senate serve [for] staggered terms of   six years, with five members' terms expiring on February 1 of each   odd-numbered year.          (c-1)  An elected director serves a six-year term. The   authority shall hold an election to elect two directors on the   uniform election date in November of an even-numbered year, with   the term of the elected directors to begin the following February 1.          (d)  Each appointed director must be a resident and freehold   property taxpayer of the county from which the director is   appointed and must have been a resident and taxpayer of that county   for not less than the two years preceding the director's   appointment. Not more than two appointed directors may be   residents of the same county.          (e)  A person is not eligible for appointment or election as   a director if the person has, during the three years preceding the   person's appointment, been employed by an electric power and light   company, a telephone company, or any other utility company.          (f)  At the expiration of the term of an appointed [a]   director, a successor shall be appointed by the governor with the   advice and consent of the senate. Each appointed director shall   hold office until the expiration of the term for which the director   was appointed and until a successor has been appointed and has   qualified, unless removed sooner as provided by this section.          (k)  Nine [Eight] directors constitute a quorum at any   meeting and, except as otherwise provided by this chapter or in the   bylaws, all action may be taken by the affirmative vote of a   majority of the directors present at any meeting, except that   bonds, notes, or other evidence of indebtedness are subject to the   requirements of Sections 8503.004(p) and 8503.013(f), and no   amendment of the bylaws shall be valid unless authorized or   ratified by the affirmative vote of at least eight directors,   unless otherwise specifically provided by this chapter.          SECTION 2.  Section 8503.004(p), Special District Local Laws   Code, is amended to read as follows:          (p)  The authority may borrow money for its corporate   purposes on notes or other written evidence of indebtedness for a   period not to exceed five years as may be authorized from time to   time by an affirmative vote of 13 [12] members of the board and   repay the loans or indebtedness from the proceeds of bonds of the   authority at the next bond offering. The authority may borrow money   and accept grants from the United States, this state, or any   corporation or agency created or designated by the United States or   this state and, in connection with the loan or grant, may enter into   an agreement that the United States, this state, or the corporation   or agency requires. The authority may make and issue negotiable   bonds for money borrowed in the manner provided by Sections   8503.013 and 8503.014 or other general law. This chapter does not   authorize the issuance of any bonds, notes, or other evidences of   indebtedness of the authority except as specifically provided by   this chapter or other general law.          SECTION 3.  Section 8503.013(f), Special District Local Laws   Code, is amended to read as follows:          (f)  Bonds shall be authorized by resolution of the board   concurred in by at least 13 [12] of the members.          SECTION 4.  The Lower Colorado River Authority shall hold   the first election to elect directors as described by Section   8503.006, Special District Local Laws Code, as amended by this Act,   on the uniform election date in November 2024.          SECTION 5.  (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 6.  This Act takes effect September 1, 2023.