HB1525 - Relating to the Lower Neches Valley Authority, following recommendations of the Sunset Advisory Commission; specifying grounds for the removal of a member of the board of directors.

  89R10771 JBD-D     By: Kitzman H.B. No. 1525       A BILL TO BE ENTITLED   AN ACT   relating to the Lower Neches Valley Authority, 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 8504.0021(a), Special District Local   Laws Code, is amended to read as follows:          (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, 2037 [ 2025 ], and every 12th year after   that year.          SECTION 2.  Subchapter B, Chapter 8504, Special District   Local Laws Code, is amended by adding Sections 8504.0555, 8504.058,   8504.059, 8504.060, 8504.061, and 8504.062 to read as follows:           Sec.   8504.0555.     BOARD PRESIDENT. The governor shall   designate a member of the board as the board president to serve in   that capacity at the pleasure of the governor.           Sec.   8504.058.     SEPARATION OF POLICYMAKING AND MANAGEMENT   FUNCTIONS. 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 authority.           Sec.   8504.059.     REMOVAL. (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 Sections 8504.051(b) and (c);                 (2)     does not maintain during service on the board   qualifications required by Sections 8504.051(b) and (c);                   (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   board president of the potential ground. The board 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.   8504.060.     REQUIRED TRAINING. (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 board;                 (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 members of the   governing body of a river authority in performing their duties; and                 (6)     any applicable ethics policies adopted by the   authority or by 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 authority shall create a   training manual that includes the information required by   Subsection (b).   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.   8504.061.       PUBLIC TESTIMONY. 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 authority.           Sec.   8504.062.     COMPLAINTS; DUTY TO RESPOND.   (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,   unless the notice would jeopardize an investigation.          SECTION 3.  (a) Except as provided by Subsection (b) of this   section, Section 8504.060, Special District Local Laws Code, as   added by this Act, applies to a member of the board of directors of   the Lower Neches Valley Authority appointed before, on, or after   the effective date of this Act.          (b)  Notwithstanding Section 8504.060, Special District   Local Laws Code, as added by this Act, a member of the board of   directors of the Lower Neches Valley Authority may vote,   deliberate, and be counted as a director in attendance at a meeting   of the board until December 1, 2025.  A member of the board 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 4.  (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 5.  This Act takes effect September 1, 2025.