86(R) SB 2552 - Enrolled version - Bill Text

	S.B.  No.  2552

	AN ACT
	relating to the administration of the Agua Special Utility
	District; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 7201.0513(a), Special District Local
	Laws Code, is amended to read as follows:
	(a)    Before the first election of directors [under Section
	7201.052], the initial board shall establish a program of education
	for directors that includes information on:
	(1)    the history of the district;
	(2)    the district's enabling legislation;
	(3)    Chapters 49 and 65, Water Code, and other laws that
	apply to the district, including the requirements of the:
	(A)    open meetings law, Chapter 551, Government
	Code; and
	(B)    public information law, Chapter 552,
	Government Code;
	(4)    relevant legal developments related to water
	district governance;
	(5)    the duties and responsibilities of the board;
	(6)    the requirements of conflict of interest laws and
	other laws relating to public officials; and
	(7)    any applicable ethics policies adopted by the
	Texas Commission on Environmental Quality or the Texas Ethics
	Commission.
	SECTION  2.    Subchapter B, Chapter 7201, Special District
	Local Laws Code, is amended by adding Section 7201.055 to read as
	follows:
	Sec.  7201.055.    COMPOSITION OF BOARD; TERMS. (a)    The
	district is governed by a board of seven directors, each of whom
	occupies a numbered position on the board and represents a unique
	subdistrict containing, as near as practicable, one-seventh of the
	total number of residents in the district.
	(b)    A candidate for a position on the board must:
	(1)    reside in the subdistrict represented by that
	position; and
	(2)    be eligible to hold office under Section 141.001,
	Election Code.
	(c)    The district shall fill a vacancy on the board in
	accordance with Section 49.105, Water Code.
	(d)    Directors serve staggered terms of four years and may
	not serve more than two consecutive terms.
	(e)    A person who has served as a member of the board of
	directors of the corporation is not eligible to serve as a district
	director.
	(f)    If a director is an employee of another taxing entity
	within the district, the board may not employ as an employee, as a
	consultant, or on a contract basis:
	(1)    an elected official of the other taxing entity
	that employs the director; or
	(2)    a person related to that elected official in the
	third degree of consanguinity or affinity as determined under
	Chapter 573, Government Code.
	SECTION  3.    Subchapter B, Chapter 7201, Special District
	Local Laws Code, is amended by adding Sections 7201.056, 7201.057,
	and 7201.058 to read as follows:
	Sec.  7201.056.    FILING OF FINANCIAL STATEMENT BY DIRECTOR.
	(a)    A director shall file the financial statement required of
	state officers under Subchapter B, Chapter 572, Government Code,
	with the Texas Ethics Commission.
	(b)    Subchapter B, Chapter 572, Government Code:
	(1)    applies to a director as if the director were a
	state officer; and
	(2)    governs the contents, timeliness of filing, and
	public inspection of a statement filed under Subsection (a).
	(c)    A director commits an offense if the director fails to
	file the statement required by Subsection (a). An offense under
	this subsection is a Class B misdemeanor.
	Sec.  7201.057.    SUBSTANTIAL BUSINESS INTEREST. For purposes
	of Chapter 171, Local Government Code, a director, in connection
	with a vote or decision by the board, is considered to have a
	substantial interest in a business entity if a person related to the
	director within the third degree by consanguinity or affinity, as
	determined under Chapter 573, Government Code, has a substantial
	interest in the business entity.
	Sec.  7201.058.    GROUNDS FOR REMOVAL. A director may be
	removed from the board if the director:
	(1)    does not have at the time of appointment the
	qualifications required by Section 7201.055(b);
	(2)    does not complete the initial board training
	required by Section 7201.0512;