Texas SB 1188: Relating to receivership of the Agua Special Utility District and requirements for directors of the Agua Special Utility District.

Bill Text

S.B.ANo.A1188
AN ACT
relating to receivership of the Agua Special Utility District and
requirements for directors of the Agua Special Utility District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 7201.055(b), Special District Local Laws
Code, is amended to read as follows:
(b)AAA candidate for a position on the board must:
(1)AAreside in the subdistrict represented by that
position; [and]
(2)AAbe eligible to hold office under Section 141.001,
Election Code;
(3)AAfile a campaign treasurer appointment form
described by Chapter 252, Election Code, with the Texas Ethics
Commission; and
(4)AAfile each report required under Title 15, Election
Code, with the Texas Ethics Commission and the board.
SECTIONA2.AASection 7201.058, Special District Local Laws
Code, is amended by amending Subsection (a) and adding Subsections
(c), (d), and (e) to read as follows:
(a)AAA director may be removed from the board by a majority of
the other directors if the director:
(1)AAdoes not have at the time of appointment the
qualifications required by Section 7201.055(b) or is disqualified
from serving under Section 7201.059;
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(2)AAdoes not complete the education program required
by Section 7201.054;
(3)AAdoes not meet the eligibility requirements under
Section 7201.072;
(4)AAfails to comply with Section 7201.071; [or]
(5)AAmisses one-half or more of the regularly scheduled
meetings during the preceding 12 months;
(6)AArepeatedly fails to file an affidavit under
Section 553.002, Government Code, disclosing an interest in
property to be acquired with public money;
(7)AArepeatedly fails to file a conflicts disclosure
statement under Section 176.003, Local Government Code;
(8)AAfails to comply with Section 171.004, Local
Government Code;
(9)AAdoes not file the financial statement required of
state officers under Section 7201.056; or
(10)AAdoes not file a campaign treasurer appointment
form or a required report under Section 7201.055.
(c)AAA director shall be removed from the board by the other
remaining directors if the director has been convicted of or has
pleaded guilty or nolo contendere to a civil or criminal offense of:
(1)AAbribery;
(2)AAembezzlement, extortion, or other theft of public
money;
(3)AAperjury;
(4)AAcoercion of a public servant or voter;
(5)AAtampering with a governmental record;
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(6)AAmisuse of official information;
(7)AAabuse of official capacity; or
(8)AAconspiracy to commit or an attempted commission of
an offense described by Subdivisions (1)-(7).
(d)AAThe board shall begin the process of notice and public
hearing for the removal of a director not later than the 30th day
after the date the board receives notice of a violation under this
section. If the removal of a director is based on a violation
described by Subsection (a), the remaining directors shall make a
determination on whether the violation occurred on or before the
60th day after the date of the public hearing.
(e)AANot later than the 30th day after the date the board
removes a director, the board shall begin the process of filling the
vacancy in accordance with Section 49.105, Water Code.
SECTIONA3.AASubchapter B, Chapter 7201, Special District
Local Laws Code, is amended by adding Sections 7201.059 and
7201.060 to read as follows:
Sec.A7201.059.AADISQUALIFICATION OF DIRECTORS. A director
is disqualified from serving as a director if:
(1)AAthe director is a member or is appointed or elected
as a member of the governing body of another political subdivision;
(2)AAthe director does not:
(A)AAmeet the eligibility requirements under
Section 7201.072;
(B)AAfile a campaign treasurer appointment form
required under Section 7201.055(b)(3); or
(C)AAfile each report required under Section
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7201.055(b)(4); or
(3)AAthe board determines a relationship or employment
exists to which Section 49.052, Water Code, applies.
Sec.A7201.060.AAAUTOMATIC RESIGNATION OF DIRECTOR ON
CANDIDACY FOR OTHER ELECTIVE OFFICE. If a director announces the
director’s candidacy or becomes a candidate in any general,
special, or primary election for any elective office other than the
office of director for the district, that announcement or candidacy
constitutes an automatic resignation of the office of the director.
SECTIONA4.AASubchapter B-1, Chapter 7201, Special District
Local Laws Code, is amended by adding Section 7201.075 to read as
follows:
Sec.A7201.075.AAPUBLIC ACCESS TO DIRECTOR REPORTS. (a) The
district shall post to the district’s Internet website and make
publicly available each report required to be filed with the Texas
Ethics Commission under Title 15, Election Code, by:
(1)AAa director;
(2)AAa candidate for the board; or
(3)AAa specific-purpose committee responsible for
supporting, opposing, or assisting a