HB2326 - Relating to requiring the board members of the Texas Water Development Board to be elected by the qualified voters at a general election instead of appointed by the governor.

  89R3660 ANG-D     By: Hopper H.B. No. 2326       A BILL TO BE ENTITLED   AN ACT   relating to requiring the board members of the Texas Water   Development Board to be elected by the qualified voters at a general   election instead of appointed by the governor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 6.052, Water Code, is   amended to read as follows:          Sec. 6.052.  MEMBERS OF THE BOARD;   ELECTION [ APPOINTMENT ].          SECTION 2.  Section 6.052(a), Water Code, is amended to read   as follows:          [ (a) ]  The board is composed of 16 [ three ] members who are   elected by the qualified voters of the regional water planning area   in which the member is running on the uniform election date in   November authorized by Section 41.001, Election Code [ appointed by   the governor with the advice and consent of the senate.   One member   must have experience in the field of engineering, one member must   have experience in the field of public or private finance, and one   member must have experience in the field of law or business ].          SECTION 3.  Sections 6.053(a), (b), and (d), Water Code, are   amended to read as follows:          (a)  Members of the board must be members of the general   public who have experience in the fields of engineering, public or   private finance, or law or business .          (b)  A person is not eligible for election [ appointment ] to   the board if the person or the person's spouse:                (1)  is employed by or participates in the management   of a business entity or other organization regulated by the board or   receiving funds from the board;                (2)  owns, controls, or has, directly or indirectly,   more than a 10 percent interest in a business entity or other   organization regulated by the board or receiving funds from the   board; or                (3)  uses or receives a substantial amount of tangible   goods, services, or funds from the board.          (d)  A person is not eligible for election [ appointment ] to   the board if the person served on the board on or before January 1,   2013.          SECTION 4.  Section 6.054(a), Water Code, is amended to read   as follows:          (a)  It is a ground for removal from the board that a member:                (1)  does not have at the time of taking office the   qualifications required for election [ appointment ] to the board;                (2)  does not maintain during service on the board the   qualifications required for election [ appointment ] to the board;                (3)  is ineligible for membership under Sections 6.053,   6.057, and 6.058;                (4)  cannot, because of illness or disability,   discharge the member's duties for a substantial part of the member's   term; or                (5)  is absent from more than half of the regularly   scheduled board meetings that the member is eligible to attend   during a calendar year without an excuse approved by a majority vote   of the board.          SECTION 5.  Section 6.056, Water Code, is amended to read as   follows:          Sec. 6.056.  TERMS OF OFFICE.  (a)  The members of the board   hold office for staggered terms of six years[ , with the term of one   member expiring February 1 of each odd-numbered year ].  Each member   holds office until a successor is elected [ appointed ] and has   qualified.          (b)  A person elected [ appointed ] to the board may not serve   for more than two six-year terms.          SECTION 6.  Section 6.059, Water Code, is amended to read as   follows:          Sec. 6.059.  CHAIRMAN OF THE BOARD. The members of the board   [ governor ] shall elect [ designate ] one member as chairman of the   board [ to serve at the will of the governor ].          SECTION 7.  Sections 6.062(a) and (c), Water Code, are   amended to read as follows:          (a)  A person who is elected [ appointed ] to and qualifies for   office as a member of the board may not vote, deliberate, or be   counted as a member in attendance at a meeting of the board until   the person completes a training program that complies with this   section.          (c)  A person elected [ appointed ] to the board is entitled to   reimbursement, as provided by the General Appropriations Act, 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.          SECTION 8.  Sections 6.052(b) and (c), Water Code, are   repealed.          SECTION 9.  (a) The Texas Water Development Board shall hold   an election to elect 16 directors as described by Section 6.052,   Water Code, as amended by this Act, on the uniform election date in   November 2026.          (b)  At the first meeting of the members of the Texas Water   Development Board that follows the election of members under   Subsection (a) of this section, the members shall draw lots to   determine which four directors shall serve a term of two years,   which six directors shall serve a term of four years, and which six   directors shall serve a term of six years.  Thereafter, all elected   members serve six-year terms.          (c)  The terms of the members serving on the Texas Water   Development Board expire on the date the members elected under   Subsection (a) of this section have qualified.          SECTION 10.  This Act takes effect September 1, 2025, but   only if the constitutional amendment proposed by the 89th   Legislature, Regular Session, 2025, requiring the board members of   the Texas Water Development Board to be elected by the qualified   voters at a general election instead of appointed by the governor is   approved by the voters.  If that amendment is not approved by the   voters, this Act has no effect.