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AN ACT
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relating to the directors and administration of the Agua Special |
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Utility District, including the grounds for removal of a director. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7201.0513, Special District Local Laws |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(e) to read as follows: |
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(a) Each director shall complete an education program of not |
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less than 10 hours [Before the first election of directors, the |
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initial board shall establish a program of education for directors] |
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that includes information on: |
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(1) the history of the district; |
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(2) the district's enabling legislation; |
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(3) Chapters 49 and 65, Water Code, and other laws that |
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apply to the district, including the requirements of the: |
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(A) open meetings law, Chapter 551, Government |
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Code; and |
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(B) public information law, Chapter 552, |
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Government Code; |
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(4) relevant legal developments related to water |
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district governance; |
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(5) the duties and responsibilities of the board; |
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(6) the requirements of conflict of interest laws and |
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other laws relating to public officials; and |
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(7) any applicable ethics policies adopted by the |
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Texas Commission on Environmental Quality or the Texas Ethics |
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Commission. |
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(e) The education program must be made available so that |
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each director may meet the requirements provided by Section |
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7201.054. |
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SECTION 2. Section 7201.054(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) Each [Except for an initial director whose term expires |
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in 2008, each] director shall complete the education program |
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established under Section 7201.0513 not later than the 90th day |
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after [before the first anniversary of] the date on which the |
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director takes the oath of office [was appointed or elected]. |
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SECTION 3. Subchapter B, Chapter 7201, Special District |
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Local Laws Code, is amended by adding Section 7201.0555 to read as |
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follows: |
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Sec. 7201.0555. ELECTION OF DIRECTORS. (a) The district |
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shall hold an election on the uniform election date in November of |
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each even-numbered year to elect the appropriate number of |
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directors. |
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(b) The district shall contract with the county elections |
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administrator as provided by Subchapter D, Chapter 31, Election |
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Code, to conduct the election of directors. |
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SECTION 4. Section 7201.058, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 7201.058. GROUNDS FOR REMOVAL. (a) A director may be |
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removed from the board by a majority of the other directors if the |
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director: |
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(1) does not have at the time of appointment the |
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qualifications required by Section 7201.055(b); |
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(2) [does not complete the initial board training |
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required by Section 7201.0512; |
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[(3)] does not complete the education program required |
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by Section 7201.054; |
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(3) [(4)] does not meet the eligibility requirements |
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under Section 7201.072; |
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(4) [or (5)] fails to comply with Section 7201.071; or |
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(5) misses one-half or more of the regularly scheduled |
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meetings during the preceding 12 months. |
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(b) The board shall adopt procedures for the removal of a |
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director under this section that are designed to provide due |
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process to the director. Procedures adopted under this subsection |
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must include reasonable notice and public hearing. Reasonable |
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notice and a public hearing are not required if the director to be |
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removed expressly waives the notice and hearing in writing. |
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SECTION 5. Section 7201.071, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 7201.071. PROHIBITED CONDUCT FOR DIRECTORS AND |
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DISTRICT EMPLOYEES. A director or district employee may not: |
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(1) accept or solicit any gift, favor, or service |
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that: |
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(A) might reasonably influence the director or |
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employee in the discharge of an official duty; or |
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(B) the director or employee knows or should know |
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is offered with the intent to influence the director's or employee's |
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official conduct; |
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(2) accept other employment or engage in a business or |
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professional activity that the director or employee might |
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reasonably expect would require or induce the director or employee |
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to disclose confidential information acquired in the course of the |
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director's or employee's duties under this chapter; |
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(3) accept other employment or compensation that could |
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reasonably be expected to impair the director's or employee's |
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independent judgment in the performance of the director's or |
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employee's duties under this chapter; |
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(4) make personal investments that could reasonably be |
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expected to create a substantial conflict between the director's or |
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employee's private interest and the interest of the district; |
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(5) intentionally or knowingly solicit, accept, or |
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agree to accept a benefit for the director's or employee's exercise |
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of powers under this chapter or performance of duties under this |
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chapter in favor of a third party; [or] |
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(6) have a personal interest in an agreement executed |
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by the district; or |
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(7) be employed by, participate in the management of, |
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or have a substantial interest in a business entity or other |
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organization, other than a governmental entity, that receives money |
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from the district. |
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SECTION 6. Subchapter B-1, Chapter 7201, Special District |
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Local Laws Code, is amended by adding Section 7201.074 to read as |
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follows: |
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Sec. 7201.074. LOCATION OF CERTAIN MEETINGS. A meeting at |
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which the board or the general manager discusses the annual budget |
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of the district must be held inside the district. |
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SECTION 7. A member of the board of directors of the Agua |
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Special Utility District serving on the effective date of this Act |
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shall continue in office until the member's successor qualifies for |
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office. |
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SECTION 8. (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 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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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. 630 passed the Senate on |
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April 13, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2021, by the |
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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. 630 passed the House, with |
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amendment, on May 18, 2021, by the following vote: Yeas 124, |
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Nays 13, two 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 |