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AN ACT
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relating to the functions and territory of the Upper Colorado River |
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Authority, following the recommendations of the Sunset Advisory |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8506.003, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8506.003. TERRITORY. Unless modified under |
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Subchapter J, Chapter 49, Water Code, or other law, the authority's |
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territory consists of that part of this state included in the |
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boundaries of Coke, Concho, Crockett, Glasscock, Irion, Menard, |
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Mitchell, Nolan, Reagan, Runnels, Schleicher, Sterling, Taylor, |
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and Tom Green Counties. |
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SECTION 2. Subchapter A, Chapter 8506, Special District |
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Local Laws Code, is amended by adding Section 8506.0021 to read as |
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follows: |
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Sec. 8506.0021. APPLICATION OF SUNSET ACT. (a) The |
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authority is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but may not be abolished under that chapter. |
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The review shall be conducted under Section 325.025, Government |
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Code, as if the authority were a state agency scheduled to be |
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abolished September 1, 2029, and every 12th year after that year. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 3. Section 8506.051, Special District Local Laws |
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Code, is amended by amending Subsection (c) and adding Subsection |
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(d) to read as follows: |
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(c) Each director must be a resident of a county located in |
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the authority's territory. The governor shall attempt to achieve |
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geographic representation throughout [Three directors must be
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residents of Tom Green County, three directors must be residents of
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Coke County, and three directors must be residents of counties
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contiguous to the authority or a county any part of which is within
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25 miles of] the authority in the appointment of directors. |
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(d) The governor shall designate a member of the board as |
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the presiding officer of the board to serve in that capacity at the |
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pleasure of the governor. |
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SECTION 4. Section 8506.056(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) The board shall select a secretary[, a presiding
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officer,] and a treasurer. The treasurer may also hold the office |
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of secretary. |
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SECTION 5. Subchapter B, Chapter 8506, Special District |
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Local Laws Code, is amended by adding Sections 8506.060, 8506.061, |
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8506.062, and 8506.063 to read as follows: |
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Sec. 8506.060. DIRECTOR TRAINING PROGRAM. (a) A person who |
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is appointed to and qualifies for office as a director may not vote, |
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deliberate, or be counted as a director in attendance at a meeting |
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of the board until the person completes a training program that |
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complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing authority operations; |
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(2) the programs, functions, rules, and budget of the |
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authority; |
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(3) the scope of and limitations on the rulemaking |
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authority of the authority; |
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(4) the results of the most recent formal audit of the |
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authority; |
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(5) the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to directors of a river |
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authority in performing their duties; and |
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(6) any applicable ethics policies adopted by the |
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authority or the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement by the authority for travel expenses incurred in |
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attending the training program regardless of whether attendance at |
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the program occurs before or after the person qualifies for office. |
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(d) The board shall create a training manual that includes |
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the information required by Subsection (b). The board shall |
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distribute a copy of the training manual annually to each director. |
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On receipt of the training manual, each director shall sign and |
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submit to the board a statement acknowledging receipt of the |
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training manual. |
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Sec. 8506.061. SEPARATION OF POLICYMAKING AND MANAGEMENT |
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FUNCTIONS. The board shall develop and implement policies that |
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clearly separate the policymaking responsibilities of the board and |
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the management responsibilities of the general manager and staff of |
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the authority. |
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Sec. 8506.062. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE RESOLUTION. (a) The board shall develop a policy to |
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encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of authority rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the authority's |
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jurisdiction. |
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(b) The authority's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The authority shall: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) provide training as needed to implement the |
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procedures for negotiated rulemaking or alternative dispute |
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resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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Sec. 8506.063. PUBLIC COMMENT POLICY. The board shall |
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develop and implement policies that provide the public with a |
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reasonable opportunity to appear before the board and to speak on |
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any agenda item at board meetings. |
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SECTION 6. Subchapter C, Chapter 8506, Special District |
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Local Laws Code, is amended by adding Section 8506.116 to read as |
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follows: |
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Sec. 8506.116. COMPLAINTS. (a) The authority shall |
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maintain a system to promptly and efficiently act on complaints |
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filed with the authority. The authority shall maintain information |
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about parties to the complaint, the subject matter of the |
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complaint, a summary of the results of the review or investigation |
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of the complaint, and its disposition. |
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(b) The authority shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The authority shall periodically notify the complaint |
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parties of the status of the complaint until final disposition. |
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SECTION 7. Section 1A, Chapter 126, General Laws, Acts of |
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the 44th Legislature, Regular Session, 1935, is repealed. |
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SECTION 8. (a) Notwithstanding Section 8506.060(a), |
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Special District Local Laws Code, as added by this Act, a person |
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serving on the board of directors of the Upper Colorado River |
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Authority may vote, deliberate, and be counted as a director in |
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attendance at a meeting of the board until December 1, 2017. |
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(b) This section expires January 1, 2018. |
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SECTION 9. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 10. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1921 was passed by the House on April |
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27, 2017, by the following vote: Yeas 142, Nays 2, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1921 was passed by the Senate on May |
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19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |