Bill Text: TX HB1921 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the functions and territory of the Upper Colorado River Authority, following the recommendations of the Sunset Advisory Commission.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-05-29 - Effective on 9/1/17 [HB1921 Detail]

Download: Texas-2017-HB1921-Enrolled.html

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H.B. No. 1921

AN ACT
relating to the functions and territory of the Upper Colorado River
Authority, following the recommendations of the Sunset Advisory
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8506.003, Special District Local Laws
Code, is amended to read as follows:
Sec. 8506.003. TERRITORY. Unless modified under
Subchapter J, Chapter 49, Water Code, or other law, the authority's
territory consists of that part of this state included in the
boundaries of Coke, Concho, Crockett, Glasscock, Irion, Menard,
Mitchell, Nolan, Reagan, Runnels, Schleicher, Sterling, Taylor,
and Tom Green Counties.
SECTION 2. Subchapter A, Chapter 8506, Special District
Local Laws Code, is amended by adding Section 8506.0021 to read as
follows:
Sec. 8506.0021. APPLICATION OF SUNSET ACT. (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, 2029, and every 12th year after that year.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing the review. The Sunset Advisory
Commission shall determine the cost, and the authority shall pay
the amount promptly on receipt of a statement from the Sunset
Advisory Commission detailing the cost.
SECTION 3. Section 8506.051, Special District Local Laws
Code, is amended by amending Subsection (c) and adding Subsection
(d) to read as follows:
(c) Each director must be a resident of a county located in
the authority's territory. The governor shall attempt to achieve
geographic representation throughout [Three directors must be
residents of Tom Green County, three directors must be residents of
Coke County, and three directors must be residents of counties
contiguous to the authority or a county any part of which is within
25 miles of] the authority in the appointment of directors.
(d) The governor shall designate a member of the board as
the presiding officer of the board to serve in that capacity at the
pleasure of the governor.
SECTION 4. Section 8506.056(a), Special District Local Laws
Code, is amended to read as follows:
(a) The board shall select a secretary[, a presiding
officer,] and a treasurer. The treasurer may also hold the office
of secretary.
SECTION 5. Subchapter B, Chapter 8506, Special District
Local Laws Code, is amended by adding Sections 8506.060, 8506.061,
8506.062, and 8506.063 to read as follows:
Sec. 8506.060. DIRECTOR TRAINING PROGRAM. (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 authority;
(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 directors 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 by the authority for travel expenses incurred in
attending the training program regardless of whether attendance at
the program occurs before or after the person qualifies for office.
(d) The board shall create a training manual that includes
the information required by Subsection (b). The board shall
distribute a copy of the training manual annually to each director.
On receipt of the training manual, each director shall sign and
submit to the board a statement acknowledging receipt of the
training manual.
Sec. 8506.061. SEPARATION OF POLICYMAKING AND MANAGEMENT
FUNCTIONS. The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the general manager and staff of
the authority.
Sec. 8506.062. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of authority rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the authority's
jurisdiction.
(b) The authority's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The authority shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 8506.063. PUBLIC COMMENT POLICY. 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 agenda item at board meetings.
SECTION 6. Subchapter C, Chapter 8506, Special District
Local Laws Code, is amended by adding Section 8506.116 to read as
follows:
Sec. 8506.116. COMPLAINTS. (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.
SECTION 7. Section 1A, Chapter 126, General Laws, Acts of
the 44th Legislature, Regular Session, 1935, is repealed.
SECTION 8. (a) Notwithstanding Section 8506.060(a),
Special District Local Laws Code, as added by this Act, a person
serving on the board of directors of the Upper Colorado River
Authority may vote, deliberate, and be counted as a director in
attendance at a meeting of the board until December 1, 2017.
(b) This section expires January 1, 2018.
SECTION 9. (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 10. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1921 was passed by the House on April
27, 2017, by the following vote: Yeas 142, Nays 2, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1921 was passed by the Senate on May
19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor