Bill Text: TX HB3847 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the Riverbend Water Resources District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3847 Detail]
Download: Texas-2011-HB3847-Enrolled.html
H.B. No. 3847 |
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relating to the Riverbend Water Resources District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 9601.001, Special District Local Laws | ||
Code, is amended by adding Subdivision (6) to read as follows: | ||
(6) "Temporary administrator" means a person | ||
appointed under Subchapter B-1. | ||
SECTION 2. Subchapter A, Chapter 9601, Special District | ||
Local Laws Code, is amended by adding Section 9601.008 to read as | ||
follows: | ||
Sec. 9601.008. MEMBER IMMUNITY. A member has immunity from | ||
suit and immunity from liability in any action or proceeding | ||
brought by another member arising out of or relating to the changes | ||
in law made by the Act enacting this section. | ||
SECTION 3. Section 9601.051, Special District Local Laws | ||
Code, is amended by amending Subsections (b) and (f) and adding | ||
Subsections (b-1), (b-2), and (g) to read as follows: | ||
(b) The board consists of five directors, appointed as | ||
follows: | ||
(1) two directors appointed by the City of Texarkana; | ||
(2) one director appointed by the City of New Boston; | ||
(3) one director appointed by the Red River | ||
Redevelopment Authority or its successor; and | ||
(4) one director appointed by the members not named in | ||
Subdivisions (1) through (3), including any members added under | ||
Section 9601.005(b). | ||
(b-1) The governing body of each member required to [ |
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appoint a director under Subsection (b)(1), (2), or (3) shall | ||
appoint the required number of directors to represent the member on | ||
the board. The members not named in Subsections (b)(1) through (3) | ||
shall appoint a single director in the manner provided by | ||
Subsection (b-2) to represent those members on the board. A [ |
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promptly filled in accordance with the [ |
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resolutions, and procedures of the applicable member or members. | ||
(b-2) The members not named in Subsections (b)(1) through | ||
(3) may each nominate a person qualified to serve as a director. | ||
The governing body of each of those members shall cast one vote for | ||
a candidate chosen from the list of nominees. The nominee receiving | ||
a majority of the votes cast by the governing bodies of those | ||
members becomes the director representing those members on the | ||
board. | ||
(f) A director may not serve more than two consecutive | ||
terms. A former director may not serve again before the fourth | ||
anniversary of the last day of the director's previous term. | ||
(g) The initial directors shall draw lots to achieve | ||
staggered terms, with three of the directors serving three-year | ||
terms and two of the directors serving four-year terms. | ||
SECTION 4. Section 9601.052, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 9601.052. QUALIFICATIONS FOR OFFICE. (a) To be | ||
eligible to be appointed or to serve as a director, a person must be | ||
a resident, qualified voter of the district. | ||
(b) A person is not eligible to be appointed or to serve as a | ||
director while the person: | ||
(1) is serving as an elected official of a political | ||
subdivision or other governmental body; or | ||
(2) is an employee of a member. | ||
SECTION 5. Section 9601.057, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 9601.057. RECALL. (a) A director appointed under | ||
Section 9601.051(b)(1), (2), or (3) may be recalled at any time by a | ||
two-thirds vote of the governing body of the member that appointed | ||
the director. | ||
(b) A director appointed under Section 9601.051(b)(4) may | ||
be recalled by a two-thirds vote of the members that appoint a | ||
director under that section. | ||
SECTION 6. Chapter 9601, Special District Local Laws Code, | ||
is amended by adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. TEMPORARY ADMINISTRATOR | ||
Sec. 9601.071. DEFINITION. In this subchapter, | ||
"commission" means the Texas Commission on Environmental Quality. | ||
Sec. 9601.072. APPOINTMENT. On the effective date of the | ||
Act enacting this subchapter, Clyde M. Siebman is appointed as | ||
temporary administrator for the district, and the term of each | ||
person who is serving as a director expires on that date. | ||
Sec. 9601.073. TERM. (a) The temporary administrator | ||
shall serve until the 180th day after the date that a board | ||
conforming to the structure described by Section 9601.051(b), as | ||
amended by the Act enacting this subchapter, is appointed and the | ||
directors have qualified. | ||
(b) The commission may extend the term of the temporary | ||
administrator if the commission determines, after consultation | ||
with each state senator and representative who represents a | ||
district that includes territory in the district, that an extension | ||
is necessary to manage the transition between boards. | ||
Sec. 9601.074. POWERS AND DUTIES. (a) The temporary | ||
administrator shall have the same powers and duties of the board, | ||
except that the temporary administrator may not issue bonds. | ||
(b) The temporary administrator shall: | ||
(1) complete an inventory of: | ||
(A) the contracts to which the district is a | ||
party, including an evaluation of the benefit to the district of | ||
each contract; and | ||
(B) district assets and liabilities; | ||
(2) retrieve district assets that are in the | ||
possession or under the control of persons not authorized by the | ||
temporary administrator, including keys, passwords, books, | ||
records, and personal, real, and intangible property; | ||
(3) work to secure and protect the assets of the | ||
district; | ||
(4) obtain a financial audit of the district; | ||
(5) determine the current operational, functional, | ||
and financial condition of the district; | ||
(6) recruit a qualified executive director and other | ||
management personnel; | ||
(7) provide oversight and supervision of the board; | ||
(8) provide for a program to educate the incoming | ||
board and management personnel on laws applicable to the district, | ||
sound management strategies, negotiation skills, conflict of | ||
interest policies and law, financial integrity, and contracting | ||
issues; | ||
(9) develop and implement strategies to carry out the | ||
purposes of the district and to provide a safe, secure, and | ||
plentiful supply of water for use within the northeast area of this | ||
state; | ||
(10) review and accept new member petitions from | ||
political subdivisions; and | ||
(11) at least every three months, report to the | ||
commission on the progress of the duties described by this section. | ||
(c) In the period after the appointment of a new board and | ||
before the end of the temporary administrator's term, the temporary | ||
administrator shall work cooperatively with the board in performing | ||
the duties under Subsection (b). | ||
Sec. 9601.075. PERSONNEL. The temporary administrator may | ||
employ persons to assist the temporary administrator in carrying | ||
out the duties assigned by this subchapter. | ||
Sec. 9601.076. COMPENSATION AND REIMBURSEMENT. (a) The | ||
temporary administrator and any person hired under Section 9601.075 | ||
is entitled to reasonable compensation, based on the education, | ||
training, and experience of the person, and reimbursement of the | ||
reasonable and necessary expenses incurred in carrying out the | ||
duties assigned by this subchapter. | ||
(b) The district shall pay the cost of compensation and | ||
reimbursement. | ||
(c) The amount of compensation and reimbursement shall be | ||
determined by agreement of the temporary administrator and the | ||
board, except that before the appointment and qualification of the | ||
board as provided by Section 9601.051, as amended by the Act | ||
enacting this subchapter, the amount of compensation and | ||
reimbursement shall be determined by agreement of the temporary | ||
administrator and the executive director of the commission. In the | ||
event an agreement cannot be reached, the commission shall | ||
determine the compensation and reimbursement, after obtaining the | ||
approval of each state senator and representative who represents a | ||
district that includes territory in the district. | ||
Sec. 9601.077. REMOVAL AND REPLACEMENT. The commission | ||
may, after obtaining the consent of each state senator and | ||
representative who represents a district that includes territory in | ||
the district, remove the temporary administrator and: | ||
(1) appoint a new temporary administrator; or | ||
(2) return control of the district to the board. | ||
Sec. 9601.078. IMMUNITY FROM SUIT. For acts or omissions | ||
undertaken in the course and scope of carrying out the duties | ||
assigned by this subchapter, the temporary administrator is | ||
entitled to the same immunity from suit and liability that applies | ||
to a state district judge acting in a judicial capacity. | ||
Sec. 9601.079. EXPIRATION OF SECTIONS. Sections 9601.071 | ||
through 9601.077 and this section expire September 1, 2013. | ||
SECTION 7. Section 9601.104(a), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(a) A person, entity, public agency, [ |
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municipality, or other political subdivision of this state or | ||
another state may enter into a contract or agreement with the | ||
district, on terms agreed to by the parties, for: | ||
(1) the purchase or sale of water; | ||
(2) waste collection, transportation, processing, or | ||
disposal; or | ||
(3) any purpose relating to the district's powers or | ||
functions. | ||
SECTION 8. Sections 9601.051(d) and 9601.059, Special | ||
District Local Laws Code, are repealed. | ||
SECTION 9. Not sooner than the 150th day and not later than | ||
the 180th day after the effective date of this Act, the City of | ||
Texarkana, the City of New Boston, the Red River Redevelopment | ||
Authority or its successor, and the members described by Section | ||
9601.051, Special District Local Laws Code, as amended by this Act, | ||
shall appoint members, as appropriate, to the board of directors of | ||
the Riverbend Water Resources District. | ||
SECTION 10. (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 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, | ||
lieutenant governor, and 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 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3847 was passed by the House on May 3, | ||
2011, by the following vote: Yeas 142, Nays 0, 3 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3847 was passed by the Senate on May | ||
17, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |