HB2692 - Relating to the San Antonio River Authority.

      H.B. No. 2692         AN ACT   relating to the San Antonio River Authority.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle G, Title 6, Special District Local Laws   Code, is amended by adding Chapter 8513 to read as follows:   CHAPTER 8513. SAN ANTONIO RIVER AUTHORITY   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 8513.0101.  DEFINITIONS. In this chapter:                 (1)  "Authority" means the San Antonio River Authority.                 (2)  "Board" means the authority's board of directors.                 (3)     "Commission" means the Texas Commission on   Environmental Quality.                 (4)  "Director" means a board member.                 (5)     "Flood plain" means the area of the channel of a   river or stream and those portions of land abutting and adjacent to   the channel that are reasonably required to carry floodwaters.                 (6)     "San Antonio River Basin" means all of the area   except for Bandera, Real, and Kerr Counties that has topographic   characteristics causing surface waters to flow into the San Antonio   River and its tributaries.                 (7)     "State" means the State of Texas or any of its   agencies, departments, boards, political subdivisions, or other   entities.           Sec.   8513.0102.     NATURE OF AUTHORITY.   (a)   The authority is   a conservation and reclamation district under Section 59, Article   XVI, Texas Constitution.           (b)     The authority's creation is essential to accomplish the   purposes of Section 59, Article XVI, Texas Constitution, including:                 (1)     construction, maintenance, and operation of   navigable canals and waterways; and                 (2)     control of the waters of all rivers, streams, and   tributaries of rivers and streams inside the authority.           Sec.   8513.0103.     FINDINGS OF BENEFIT AND PUBLIC PURPOSE.   All land included in the authority will benefit by the exercise of   power conferred by this chapter.           Sec.   8513.0104.     REVIEW SCHEDULE UNDER SUNSET ACT. A review   of the authority under Section 325.025, Government Code, shall be   conducted as if the authority were a state agency scheduled to be   abolished September 1, 2035, and every 12th year after that year.           Sec.   8513.0105.     TERRITORY. Unless modified under   Subchapter J, Chapter 49, Water Code, or other law, the authority's   territory includes all of that part of this state in the boundaries   of Bexar, Wilson, Karnes, and Goliad Counties.           Sec.   8513.0106.     EFFECT OF CHAPTER ON CERTAIN PERSONS OR   ENTITIES. (a)   If any power granted to the authority by this   chapter overlaps or conflicts with any power of the   Guadalupe-Blanco River Authority, the power granted to the   Guadalupe-Blanco River Authority supersedes the power granted to   the authority by this chapter, unless the Guadalupe-Blanco River   Authority consents to the authority's exercise of the power.           (b)     No provision of this chapter divests any person of any   vested:                 (1)  riparian right;                 (2)     right derived under an existing permit for the   appropriation and use of public waters issued by the commission; or                 (3)     right derived under any certified filing with the   commission.           Sec.   8513.0107.     LIBERAL CONSTRUCTION OF CHAPTER.     This   chapter shall be liberally construed to effect its purposes.           Sec.   8513.0108.     CORRECTION OF INVALID PROCEDURES.     If the   board determines that any procedure under this chapter violates the   Texas Constitution or the United States Constitution, the board by   ordinance may provide an alternative procedure that conforms with   the constitution.   SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS           Sec.   8513.0201.     DIRECTORS; TERMS; QUALIFICATIONS.   (a)   The   board consists of 12 directors elected as follows:                 (1)  two directors elected at large from Goliad County;                 (2)  two directors elected at large from Karnes County;                 (3)  two directors elected at large from Wilson County;                 (4)     two directors elected at large from Bexar County;   and                 (5)     one director elected from each single-member   district representing the four county commissioner precincts in   Bexar County.           (b)     Directors serve staggered four-year terms. An elected   director's term begins January 1 following the date of the   director's election.           (c)  A director must:                 (1)  be at least 21 years of age;                 (2)  reside within the authority;                 (3)     reside in the county from which the director is   elected or appointed; and                 (4)  possess the qualifications of a juror.           (d)     A director elected from a single-member district must   reside in the district from which the director is elected.           Sec.   8513.0202.     DIRECTOR ELECTIONS. (a)   The authority   shall hold an election to elect the appropriate number of directors   on the uniform election date in November of each odd-numbered year.           (b)     The placing of the names of the candidates on the   ballots shall be determined by lot.   A candidate or a designated   representative of the candidate may be present at the drawing.           (c)     In the event of a tie for any director position, the   winner shall be determined by a majority of the board.           (d)     Directors serving from single-member districts at the   time new single-member districts are adopted shall serve for the   remainder of the terms to which they were elected regardless of the   redistricting.           Sec.   8513.02025.     CERTAIN DIRECTOR TERMS. (a)   This section   applies only to the term of a director who is appointed or elected   on or after May 24, 2023.           (b)     The two at-large director positions for Bexar County   shall be scheduled for election on the November uniform election   date in 2023. The person who receives the highest number of votes   shall be elected to the first at-large Bexar County director   position and shall serve a four-year term beginning January 1,   2024, and ending December 31, 2027. An election shall be scheduled   for that position on the November uniform election date in 2027 and   every four years thereafter. The person who receives the second   highest number of votes shall be elected to the second at-large   Bexar County director position and shall serve a two-year term   beginning January 1, 2024, and ending December 31, 2025. An   election shall be scheduled for that position on the November   uniform election date in 2025 and every four years thereafter for a   four-year term beginning on January 1 of the year following each   election.           (c)     The following director positions shall be scheduled for   election on the November uniform election date in 2025 and every   four years thereafter, and the directors elected to each position   shall serve four-year terms beginning January 1 of the year   following each election:                 (1)     the single-member district director elected from   Bexar County commissioners court precinct 1;                 (2)     the single-member district director elected from   Bexar County commissioners court precinct 2;                 (3)     the at-large director position for Karnes County   for which an election was held, or scheduled to be held but canceled   because of an unopposed candidate, in November 2019;                 (4)     the at-large director position for Goliad County   for which an election was held, or scheduled to be held but canceled   because of an unopposed candidate, in November 2019; and                 (5)     the at-large director position for Wilson County   for which an election was held, or scheduled to be held but canceled   because of an unopposed candidate, in November 2019.           (d)     The following director positions shall be scheduled for   election on the November uniform election date in 2027 and every   four years thereafter, and the directors elected to those director   positions shall serve four-year terms beginning January 1 of the   year following each election:                 (1)     the single-member district director elected from   Bexar County commissioners court precinct 3;                 (2)     the single-member district director elected from   Bexar County commissioners court precinct 4;                 (3)     the at-large director position for Karnes County   for which an election was held, or scheduled to be held but canceled   because of an unopposed candidate, in November 2021;                 (4)     the at-large director position for Goliad County   for which an election was held, or scheduled to be held but canceled   because of an unopposed candidate, in November 2021; and                 (5)     the at-large director position for Wilson County   for which an election was held, or scheduled to be held but canceled   because of an unopposed candidate, in November 2021.           (e)     The members of the board of directors serving in the   director positions described by Subsections (b), (c), and (d) on   May 23, 2023, shall continue to serve until their successors have   been elected and qualified.           (f)  This section expires September 1, 2029.           Sec.   8513.0203.     SUSPENSION AND REMOVAL. (a)     A director or   officer may be suspended or removed from office for:                 (1)  incompetency;                 (2)  official misconduct;                 (3)  official gross negligence;                 (4)  habitual drunkenness; or                 (5)     nonattendance at six consecutive regular board   meetings.           (b)     A director or officer may not be suspended or removed   from office unless:             &#xA0 [Text truncated for display. Full text available on Congress.gov.]