HB4632 —

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This bill amends 4 section(s) of the Texas statutes: Section 1, Section 11, Section 14, Section 22.

• Section 1

  2019 → 2031

  amended

• Sec. 4a. (a) It is a ground for removal from the Board that a director: (1) does not have at the time of taking office the qualifications required by Section 4 of this Act; (2) does not maintain during service on the Board the qualifications required by Section 4 of this Act; (3) is ineligible for directorship under Chapter 171, Local Government Code; (4) cannot, because of illness or disability, discharge the director's duties for a substantial part of the director's term; or (5) is absent from more than half of the regularly scheduled Board meetings that the director is eligible to attend during a calendar year without an excuse approved by a majority vote of the Board. (b) The validity of an action of the Board is not affected by the fact that it is taken when a ground for removal of a director exists. (c) If the general manager has knowledge that a potential ground for removal exists, the general manager shall notify the president of the Board of the potential ground. The president shall then notify the Governor and the Attorney General that a potential ground for removal exists. If the potential ground for removal involves the president, the general manager shall notify the next highest ranking director, who shall then notify the Governor and the Attorney General that a potential ground for removal exists. Sec. 4b. (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 Board meeting 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 disclosure of conflicts of interest; and (B) other laws applicable to members of the governing body 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 for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (d) The general manager shall create a training manual that includes the information required by Subsection (b) of this section. The general manager shall distribute a copy of the training manual annually to each director. Each director shall sign and submit to the general manager a statement acknowledging that the director has received the training manual.

  amended

• of their members president, one Said in quadruplicate, one copy being in the office of the Authority, one with the depository of the Authority, one and one with the Texas Department of Water Resources, all of which The and at such compensation as may be fixed by a majority of the other directors, and when so employed he shall continue to perform the duties of a director, but shall receive no compensation as such director → director The Governor shall designate a director of the Board as the president of the Board to serve in that capacity at the pleasure of the Governor. A copy of the . The copy (a) Unless the Board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, the (b) In all areas of conflict with Subsection (a) of this section, Section 49.060, Water Code, takes precedence. not

  amended

• Section 11

  Sec. 11a. 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.

  added

• Section 14

  Without limitation of the generality of the foregoing, the , , in the event and in such event shall be fully authorized to make and any such as lawfully such and rights of and and all lawful things and acts may be necessary and in order to meet the requirements of in taking over the construction or maintenance and operation of said navigable canals or waterways and all navigational systems or facilities auxiliary thereto 'State Comprehensive Outdoor Recreation Plan.' → The Authority is governed by and subject to Chapters 49, 60, and 62, Water Code, but in all areas of conflict, Chapter 62 takes precedence. The and in order watershed of the if may: (A) that , rights, , ; (B) take action by land and water resources conservation and recreation plan.

  amended

• Section 14

  Sec. 14e. (a) In this section, "system" means a system for the: (1) provision of water to the public for human consumption; or (2) collection and treatment of wastewater. (b) The Authority shall adopt an asset management plan by: (1) preparing an asset inventory that identifies the assets of each system and the condition of the assets; (2) developing criteria to prioritize assets for repair or replacement, including: (A) the date by which the asset will need to be repaired or replaced; (B) the importance of the asset in providing safe drinking water and complying with regulatory standards; (C) the importance of the asset to the effective operation of the system; and (D) other criteria as determined by the Authority; (3) estimating asset repair and replacement costs; (4) identifying and evaluating potential financing options; and (5) prioritizing systems that are not in compliance with federal or state regulatory standards, including water quality standards. (c) The Authority shall review and revise the plan as necessary to account for regulatory changes and other developments. (d) The Board shall approve the plan annually as part of its budgeting process.

  added

• For providing funds requisite to secure the , which may be necessary, influencing creation of this , it is hereby provided that the Authority may solicit, seek and accept contributions to its funds from any other district, authority or municipality, the Federal Government or the State of Texas, or from any other source State Board of Water Engineers → (a) The Authority may seek and accept contributions to its funds from any source for funding: (1) ; (2) ; and (3) that influence (b) Public Utility Commission of Texas

  amended

• Sec. 20a. (a) In this section and Section 20b, "affected person" has the meaning assigned by Section 13.002, Water Code. (b) The Board shall establish a process to ensure that, before the Authority makes a significant change to a rate or charge for the sale and use of water, affected persons are provided: (1) notice of proposed change; and (2) an opportunity to provide to the Board comments regarding the proposed change. (c) The process established under Subsection (b) must include: (1) the provision of notice of a proposed change: (A) on the Authority's website; and (B) in an affected person's utility bills; and (2) appropriate informational meetings or rate hearings that provide affected persons the opportunity to provide public comments about the proposed change to be held: (A) before sending a statement of intent required under Chapter 13, Water Code; (B) in locations as necessary to enable affected persons to attend; and (C) after the provision of notice under Subdivision (1) of this subsection. (d) The Board by rule shall establish a percentage change in a rate or charge such that a change greater than or equal to that percentage is considered significant for purposes of Subsection (b) of this section. Sec. 20b. (a) The Authority shall notify affected persons of their right to appeal changes to rates: (1) in any notices related to changes to rates; (2) in utility bills sent before the deadline for initiating an appeal under Chapter 13, Water Code; and (3) on the Authority's website. (b) The notice required by Subsection (a) of this section must include descriptions of: (1) the appeals process; (2) the requirements for an appeal, including the number of signatures needed on a petition; and (3) the methods available for obtaining additional information related to rates.

  amended

• Section 22

  shall to adopt and to and to to such its upon it to and without limitation of the generality of the foregoing to or ; to such such → may: (1) (2) (3) , , (4) the on the Authority (5) and (6) ,

  amended

• Sec. 33. (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) of this section; (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. 34. (a) 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 issue under the jurisdiction of the Authority. (b) At each regular meeting of the Board, the Board shall include public testimony as a meeting agenda item and allow members of the public to comment on other agenda items and other matters under the jurisdiction of the Authority. The Board may not deliberate on or decide a matter not included in the meeting agenda, except that the Board may discuss including the matter on the agenda for a subsequent meeting. Sec. 35. (a) The Authority shall maintain a system to promptly and efficiently act on complaints filed with the Authority. The Authority shall maintain information about the parties to and subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint. (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. Sec. 36. (a) The state auditor shall conduct an audit of the Authority to evaluate whether the Authority has addressed the operational challenges identified in the report on the Authority by the Sunset Advisory Commission presented to the 86th Legislature. (b) The state auditor may not begin the audit required by Subsection (a) of this section before December 1, 2021, and shall prepare and submit a report of the findings of the audit to the chairman and executive director of the Sunset Advisory Commission not later than December 1, 2022. (c) The state auditor shall include the auditor's duties under this section in each audit plan under Section 321.013, Government Code, that governs the auditor's duties for the period specified by Subsection (b) of this section. (d) This section expires January 1, 2023.

  amended