89R3114 SCF-D     By: Kitzman H.B. No. 1530       A BILL TO BE ENTITLED   AN ACT   relating to the Sabine River Authority of Texas, following   recommendations of the Sunset Advisory Commission; 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 2A(a), Chapter 110, Acts of the 51st   Legislature, Regular Session, 1949, 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, 2037 [2025], and every 12th year after   that year.          SECTION 2.  Section 4, Chapter 110, Acts of the 51st   Legislature, Regular Session, 1949, is amended to read as follows:          Sec. 4.  The Governor shall designate a Director as the   President of the Board to serve in that capacity at the pleasure of   the Governor. The Directors of the district shall organize by   electing one of their members [President, one] Vice-President, one   Secretary, and a Secretary pro tem. Five (5) Directors shall   constitute a quorum at any meeting, and a concurrence of a majority   of those present shall be sufficient in all matters pertaining to   the business of the district, except the letting of construction   contracts and the authorization of issuance of bonds, which shall   require the concurrence of five (5) Directors. Warrants for the   payment of money may be drawn and signed by two (2) officers or   employees designated by resolution entered on the minutes of the   Directors, when such accounts have been contracted and ordered paid   by the Board of Directors.          SECTION 3.  Chapter 110, Acts of the 51st Legislature,   Regular Session, 1949, is amended by adding Sections 4A, 4B, 6A, and   6B to read as follows:          Sec. 4A.  (a)  It is a ground for removal from the Board of   Directors that a Director:                (1)  does not have at the time of taking office the   qualifications required by Section 3 of this Act;                (2)  does not maintain during service on the Board the   qualifications required by Section 3 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 manager of the district has knowledge that a   potential ground for removal exists, the 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 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. 4B.  (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 of Directors 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 of Directors;                (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 of Directors 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 manager of the district shall create a training   manual that includes the information required by Subsection (b) of   this section. The manager shall distribute a copy of the training   manual annually to each Director. Each Director shall sign and   submit to the manager a statement acknowledging that the Director   received and has reviewed the training manual.          Sec. 6A.  (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. 6B.  The Board of Directors 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 4.  Section 10, Chapter 110, Acts of the 51st   Legislature, Regular Session, 1949, is amended to read as follows:          Sec. 10.  The Directors shall [may] employ a manager for the   district, and may give the manager [him] full authority in the   management and operation of the district affairs (subject only to   the orders of the Board of Directors). Compensation to be paid such   manager and all employees shall be fixed by the Board of Directors   and all employees may be removed by the Board.          SECTION 5.  Chapter 110, Acts of the 51st Legislature,   Regular Session, 1949, is amended by adding Section 10A to read as   follows:          Sec. 10A.  The Board of Directors shall develop and   implement policies that clearly separate the policy-making   responsibilities of the Board and the management responsibilities   of the manager and the employees of the district.          SECTION 6.  (a)  Except as provided by Subsection (b) of   this section, Section 4B, Chapter 110, Acts of the 51st   Legislature, Regular Session, 1949, as added by this Act, applies   to a member of the board of directors of the Sabine River Authority   of Texas appointed before, on, or after the effective date of this   Act.          (b)  Notwithstanding Section 4B, Chapter 110, Acts of the   51st Legislature, Regular Session, 1949, as added by this Act, a   person serving on the board of directors of the Sabine River   Authority of Texas may vote, deliberate, and be counted as a   director in attendance at a meeting of the board until December 1,   2025. A director may not vote, deliberate, or be counted as a member   in attendance at a meeting of the board held on or after December 1,   2025, until the member completes the training required by that   section.          SECTION 7.  (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 8.  This Act takes effect September 1, 2025.