SB2408 - Relating to the Trinity River Authority of Texas, following recommendations of the Sunset Advisory Commission; specifying grounds for the removal of a member of the board of directors.

  89R10970 MP-D     By: Parker, et al. S.B. No. 2408       A BILL TO BE ENTITLED   AN ACT   relating to the Trinity 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 1A(a), Chapter 518, Acts of the 54th   Legislature, Regular Session, 1955, 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.  Section 3(b), Chapter 518, Acts of the 54th   Legislature, Regular Session, 1955, is amended to read as follows:          (b)  The Board shall consist of twenty-five (25)   [ twenty-four (24) ] directors to be appointed by the Governor with   the advice and consent of the Senate, and, when the Legislature is   in session, no such appointment shall become effective until it   shall have been approved by the Senate. For the purposes of the   appointment of directors the Authority is divided into eighteen   (18) areas, numbered 1 to 18, both inclusive, respectively   containing the county as follows:          Area 1.  Tarrant          Area 2.  Dallas          Area 3.  Kaufman          Area 4.  Henderson          Area 5.  Ellis          Area 6.  Navarro          Area 7.  Anderson          Area 8.  Freestone          Area 9.  Leon          Area 10.  Houston          Area 11.  Trinity          Area 12.  Madison          Area 13.  Walker          Area 14.  San Jacinto          Area 15.  Polk          Area 16.  Liberty          Area 17.  Chambers          Area 18.  All of the territory contained within the above   named seventeen (17) areas and seventeen (17) counties which shall   be known as "The Area-at-Large." Three (3) directors shall be   appointed from Tarrant County; four (4) directors shall be   appointed from Dallas County; and three (3) [ two (2) ] directors   shall be appointed from "The Area-at-Large." One (1) director   shall be appointed from each of the other named Areas. The term of   each director shall be for six (6) years and until his successor   shall have been appointed and until he shall have qualified, except   that of the directors first appointed, eight (8) shall serve for two   (2) years, eight (8) for four (4) years, and eight (8) for six (6)   years. The terms of the directors shall expire on the 15th day of   March of the year in which their respective terms would terminate   under the provisions of this Act. In making the original   appointments the Governor will designate the initial term of each   such directors. The Board has power to appoint an executive   committee which will perform the functions of the Board between   meetings, except as its powers may be restricted in the action   setting up the committee.          SECTION 3.  Section 4, Chapter 518, Acts of the 54th   Legislature, Regular Session, 1955, is amended to read as follows:          Sec. 4.   The Governor shall designate a member of the Board   as the president of the Authority to serve in that capacity at the   pleasure of the Governor. The Board shall elect from its number a   [ president and a ] vice-president of the Authority and such other   officers as in the judgment of the Board are necessary. The   president shall preside at meetings of the Board and shall be the   chief officer of the Authority and shall have the same right to vote   as any other director. The vice-president shall perform all duties   and exercise all powers conferred by this Act upon the president   when the president is absent or fails or is unable or declines to   act. The Board shall appoint a secretary and a treasurer who shall   not be members of the Board. Within the discretion of the Board the   officers of secretary and treasurer may be held by one (1) person   whose title shall be Secretary-Treasurer. The Treasurer shall give   bond in such amount as shall be prescribed by the Board. The Board   shall [ may ] appoint a general manager and may appoint [ , ] all   necessary engineers, attorneys and other employees.          SECTION 4.  Chapter 518, Acts of the 54th Legislature,   Regular Session, 1955, is amended by adding Sections 4A, 4B, 4C, 4D,   and 4E to read as follows:           Sec.   4A.     (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 Section 3(c) of this Act;                 (2)     does not maintain during service on the Board the   qualifications required by Section 3(c) 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 general manager of the Authority has knowledge   that a potential ground for removal exists, the general manager   shall notify the president of the Authority 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 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.   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 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 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) of this section. 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.   4C.     (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.           Sec.   4D.     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.   4E.     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 employees of the Authority.          SECTION 5.  (a) Except as provided by Subsection (b) of this   section, Section 4B, Chapter 518, Acts of the 54th Legislature,   Regular Session, 1955, as added by this Act, applies to a member of   the board of directors of the Trinity River Authority of Texas   appointed before, on, or after the effective date of this Act.          (b)  Notwithstanding Section 4B, Chapter 518, Acts of the   54th Legislature, Regular Session, 1955, as added by this Act, a   member of the board of directors of the Trinity 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   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 6.  (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 [Text truncated for display. 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