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AN ACT
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relating to the Lower Colorado River Authority, following |
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recommendations of the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8503.0021(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) The authority is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but may not be abolished under |
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that chapter. The review shall not include the management of the |
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generation or transmission of electricity under the wholesale |
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electricity operation of the authority and the authority's |
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affiliated nonprofit corporations. The review shall be conducted |
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under Section 325.025, Government Code, as if the authority were a |
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state agency scheduled to be abolished September 1, 2031 [2019], |
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and every 12th year after that year. |
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SECTION 2. Chapter 8503, Special District Local Laws Code, |
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is amended by adding Sections 8503.0065, 8503.0105, 8503.0106, |
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8503.0107, and 8503.0108 to read as follows: |
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Sec. 8503.0065. DIRECTOR TRAINING. (a) A person who is |
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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 board |
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meeting until the person completes a training program that complies |
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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 results of the most recent formal audit of the |
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authority; |
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(4) the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosure of conflicts |
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of interest; and |
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(B) other laws applicable to members of the |
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governing body of a river authority in performing their duties; and |
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(5) 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 for the travel expenses incurred in attending the |
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training program regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office. |
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(d) The general manager of the authority shall create a |
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training manual that includes the information required by |
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Subsection (b). The general manager shall distribute a copy of the |
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training manual annually to each director. Each director shall |
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sign and submit to the general manager a statement acknowledging |
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that the director has received and reviewed the training manual. |
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Sec. 8503.0105. PUBLIC ENGAGEMENT POLICY. The board shall |
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develop and implement a policy that provides a structure for public |
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engagement in regard to water supply projects. The policy must |
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include a clear and detailed description of how the authority will |
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seek to actively engage stakeholders, including the possible use |
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of: |
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(1) advisory committees; |
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(2) community panels; |
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(3) town hall meetings; and |
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(4) other strategies on a recurring basis. |
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Sec. 8503.0106. 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 to the |
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public, including on the authority's website, describing its |
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procedures for complaint investigation and 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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(d) The authority shall develop a standard form and a |
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procedure for submitting complaints to the authority and shall make |
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that form and procedure available on the authority's website. The |
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authority shall also make available on its website clear |
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information about what a person making a complaint should expect |
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after the complaint is filed, including timelines for response and |
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resolution. |
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Sec. 8503.0107. PUBLIC TESTIMONY. (a) In this section, |
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"committee-of-the-whole" means a committee of the board in which |
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every director is a member of the committee, regardless of whether |
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all members are present at a particular meeting of the |
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committee-of-the-whole. |
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(b) The board shall develop and implement policies that |
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provide the public with a reasonable opportunity to appear before |
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the board and to speak on any issue under the jurisdiction of the |
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authority. |
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(c) At each regular meeting of the board and each meeting as |
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a committee-of-the-whole, the board shall include public testimony |
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as a meeting agenda item and allow members of the public to comment |
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on every agenda item and other matters under the jurisdiction of the |
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authority. The board may not deliberate or decide a matter not |
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included in the meeting agenda except to discuss including the |
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matter on the agenda for a subsequent meeting. |
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Sec. 8503.0108. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. |
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(a) The board shall develop a policy to encourage the use of |
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appropriate alternative dispute resolution procedures under |
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Chapter 2009, Government Code, to assist in the resolution of |
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internal and external disputes under the authority's 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 alternative dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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SECTION 3. Notwithstanding Section 8503.0065, Special |
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District Local Laws Code, as added by this Act, a person serving on |
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the board of directors of the Lower Colorado River Authority may |
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vote, deliberate, and be counted as a director in attendance at a |
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meeting of the board until December 1, 2019. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 606 passed the Senate on |
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April 15, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 606 passed the House on |
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April 26, 2019, by the following vote: Yeas 137, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |