CHAPTER 6. TEXAS WATER DEVELOPMENT BOARD
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE A. EXECUTIVE AGENCIES
CHAPTER 6. TEXAS WATER DEVELOPMENT BOARD
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Water Development Board.
(2) "Executive administrator" means the executive administrator
of the board.
(3) "Commission" means the Texas Natural Resource Conservation
Commission.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 1, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.056,
eff. Aug. 12, 1991.
Sec. 6.002. SCOPE OF CHAPTER. The powers and duties enumerated
in this chapter are the general powers and duties of the board
and those incidental to the conduct of its business. The board
has other specific powers and duties as prescribed in other
sections of this code and other laws of this state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
SUBCHAPTER B. ORGANIZATION OF THE TEXAS WATER DEVELOPMENT BOARD
Sec. 6.011. BOARD AS AGENCY OF STATE. The board is the state
agency primarily responsible for water planning and for
administering water financing for the state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.012. GENERAL DUTIES AND RESPONSIBILITIES. (a) The board
has general jurisdiction over:
(1) the development and implementation of a statewide water
plan;
(2) the administration of the state's various water assistance
and financing programs including those created by the
constitution;
(3) the administration of the National Flood Insurance Program;
and
(4) other areas specifically assigned to the board by this code
or other law.
(b) The board has only those powers and duties previously
delegated by law to the Texas Department of Water Resources that
are specifically delegated to the board under this code and other
laws of this state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1323, Sec. 3, eff. September 1, 2007.
Sec. 6.013. SUNSET PROVISION. The Texas Water Development Board
is subject to review under Chapter 325, Government Code (Texas
Sunset Act), but is not abolished under that chapter. The board
shall be reviewed during the period in which state agencies
abolished in 2011 and every 12th year after 2011 are reviewed.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.20(47),
eff. Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
5.24(a), eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1234, Sec.
2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 1.13, eff. July 10, 2009.
Sec. 6.014. CONSTRUCTION OF TITLE. This title shall be
liberally construed to allow the board and the executive
administrator to carry out their powers and duties in an
efficient and effective manner.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
SUBCHAPTER C. TEXAS WATER DEVELOPMENT BOARD
Sec. 6.051. STATE AGENCY. The Texas Water Development Board is
an agency of the state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.052. MEMBERS OF THE BOARD; APPOINTMENT. (a) The board
is composed of six members who are appointed by the governor with
the advice and consent of the senate.
(b) The governor shall make the appointments in such a manner
that each member is from a different section of the state and has
no conflict of interest prohibited by state or federal law.
(c) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 3, eff.
Sept. 1, 2001.
Sec. 6.053. ELIGIBILITY FOR MEMBERSHIP. (a) Members of the
board must be members of the general public.
(b) A person is not eligible for appointment to the board if the
person or the person's spouse:
(1) is employed by or participates in the management of a
business entity or other organization regulated by the board or
receiving funds from the board;
(2) owns, controls, or has, directly or indirectly, more than a
10 percent interest in a business entity or other organization
regulated by the board or receiving funds from the board; or
(3) uses or receives a substantial amount of tangible goods,
services, or funds from the board.
(c) Subsection (b)(1) does not apply to an employee of a
political subdivision of this state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1278, Sec. 2, eff. June 15, 2007.
Sec. 6.054. REMOVAL OF BOARD MEMBERS. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required for appointment to the board;
(2) does not maintain during service on the board the
qualifications required for appointment to the board;
(3) is ineligible for membership under Sections 6.053, 6.057,
and 6.058;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member 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 board
member exists.
(c) If the executive administrator has knowledge that a
potential ground for removal exists, the executive administrator
shall notify the chairman of the board of the potential ground.
The chairman of the board shall then notify the governor and the
attorney general that a potential ground for removal exists. If
the potential ground for removal includes the chairman of the
board, the executive administrator shall notify the next highest
ranking officer of the board, who shall then notify the governor
and the attorney general that a potential ground for removal
exists.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 4, eff.
Sept. 1, 2001.
Sec. 6.055. OFFICERS OF STATE; OATH. Each member of the board
is an officer of the state as that term is used in the
constitution, and each member shall qualify by taking the
official oath of office.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.056. TERMS OF OFFICE. The members of the board hold
office for staggered terms of six years, with the terms of two
members expiring every two years. Each member holds office until
his successor is appointed and has qualified.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 1, eff.
Sept. 1, 1991.
Sec. 6.057. CONFLICT OF INTEREST. (a) In this section, "Texas
trade association" means a cooperative and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of water planning or water
financing; or
(2) the person's spouse is an officer, employee, or paid
consultant of a Texas trade association in the field of water
planning or water financing.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 4, eff.
Sept. 1, 2001.
Sec. 6.058. LOBBYIST PROHIBITION. A person may not be a member
of the board or act as the general counsel to the board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(25),
eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 1234, Sec. 4, eff.
Sept. 1, 2001.
Sec. 6.059. BOARD OFFICERS. (a) The governor shall designate
one member as chairman of the board to serve at the will of the
governor.
(b) The members of the board shall elect a vice-chairman every
two years. The board shall fill a vacancy in the office of
vice-chairman for the remainder of the unexpired term.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.060. BOARD MEETINGS. (a) The board shall meet at least
once every other month on a day and at a place within the state
selected by it, subject to recesses at the discretion of the
board. The chairman or two board members may call a special
meeting at any time by giving notice to the other members.
(b) The chairman or in his absence the vice-chairman shall
preside at all meetings of the board.
(c) A majority of the members constitute a quorum to transact
business.
(d) The board shall meet annually with the board of the Texas
Department of Housing and Community Affairs, or the successor
agency that administers the portion of the federal community
development block grant nonentitlement program that addresses the
infrastructure needs of colonias, to assess the agencies'
progress in meeting the needs of colonia residents and to receive
an update and recommendations from the Colonia Initiatives
Advisory Committee, as provided by Section 2306.590, Government
Code. For purposes of this subsection, "colonia" has the meaning
assigned by Section 2306.581, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 5, eff.
Sept. 1, 2001.
Sec. 6.061. COMPENSATION; EXPENSES. A member is entitled to
receive an amount as provided by the General Appropriations Act
for each day he serves in the performance of his duties, together
with travel and other necessary expenses.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.062. REQUIRED TRAINING FOR BOARD MEMBERS. (a) A person
who is appointed to and qualifies for office as a member of the
board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board 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 legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including conflict
of interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, 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.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 6, eff. Sept. 1,
2001.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF THE BOARD
Sec. 6.101. RULES. (a) The board shall adopt rules necessary
to carry out the powers and duties of the board provided by this
code and other laws of this state.
(b) The executive administrator may recommend to the board for
its consideration rules that he considers necessary to carry out
the board's powers and duties.
(c) Rules shall be adopted in the manner provided by Chapter
2001, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995.
Sec. 6.1011. BUDGET APPROVAL. The board shall examine and
approve budget recommendations for the board that are to be
transmitted to the legislature.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.102. ADVISORY COUNCILS. The board may create and consult
with any advisory councils that the board considers appropriate
to carry out its powers and duties.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.103. EXECUTIVE ADMINISTRATOR. The board shall appoint a
person to be the executive administrator to serve at the will of
the board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.104. MEMORANDA OF UNDERSTANDING. The board may enter
into a memorandum of understanding with any other state agency
and shall adopt by rule any memorandum of understanding between
the board and any other state agency.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1991, 72nd Leg., ch. 516, Sec. 1, eff.
Sept. 1, 1991.
Sec. 6.105. PUBLIC TESTIMONY POLICY. The board shall develop
and implement policies that will provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.106. STANDARDS OF CONDUCT. The executive administrator
or the executive administrator's designee shall provide to
members of the board and to agency employees, as often as is
necessary, information regarding the requirements for office or
employment under this code, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 7, eff.
Sept. 1, 2001.
Sec. 6.107. POWER TO ENTER LAND. Any member or employee of the
board may enter any person's land, natural waterway, or
artificial waterway for the purpose of making an investigation
that would, in the judgment of the executive administrator,
assist the board in the discharge of its duties.
Added by Acts 1987, 70th Leg., ch. 977, Sec. 3, eff. June 19,
1987.
Sec. 6.108. POWER TO PURCHASE INSURANCE. The board may purchase
for its members, appointees, and employees and pay premiums on
liability insurance in any amounts and from any insurers the
board considers advisable.
Added by Acts 1993, 73rd Leg., ch. 1021, Sec. 1, eff. Aug. 30,
1993.
Sec. 6.109. LIABILITY. Pursuant to the limited waiver of
governmental immunity of Chapter 101, Civil Practice and Remedies
Code (Texas Tort Claims Act), neither a member of the board nor
any employee of the board is personally liable in the person's
private capacity for any act performed or for any contract or
other obligation entered into or undertaken in an official
capacity in good faith and without intent to defraud, in
connection with the administration, management, or conduct of the
board in its business, programs, or other related affairs.
Added by Acts 1993, 73rd Leg., ch. 1021, Sec. 1, eff. Aug. 30,
1993.
Sec. 6.111. SEPARATION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive administrator and the staff of
the board.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 8, eff. Sept. 1,
2001.
Sec. 6.112. BORDER PROJECTS WEBSITE. (a) In this section,
"border region" means the portion of this state located within
100 kilometers of this state's international border.
(b) The board may maintain and update an Internet-based
directory of border projects, also know as the Border Activity
Tracker, containing information about projects in the border
region in which a state agency is involved. The board shall
establish guidelines as to which projects and information are to
be included in the directory.
(c) Each state agency involved in a project in the border region
may electronically submit to the board any information required
under this section to be on the Internet-based directory of
border projects. Each state agency shall update the information
promptly, not less often than quarterly.
Added by Acts 2005, 79th Leg., Ch.
1215, Sec. 8, eff. September 1, 2005.
SUBCHAPTER E. ADMINISTRATIVE PROVISIONS FOR THE BOARD
Sec. 6.151. AUDIT. The financial transactions of the board are
subject to audit by the state auditor in accordance with Chapter
321, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 71, eff.
Sept. 1, 1989.
Sec. 6.152. PUBLIC INFORMATION RELATING TO BOARD. The board
shall prepare information of public interest describing the
functions of the board and describing the board's procedures by
which complaints are filed with and resolved by the board. The
board shall make the information available to the general public
and the appropriate state agencies.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.153. COPIES OF DOCUMENTS, PROCEEDINGS, ETC. (a) Except
as otherwise specifically provided in this code and subject to
the specific limitations provided in this code, on application of
any person, the board shall furnish certified or other copies of
any proceeding or other official record or of any map, paper, or
document filed with the board. A certified copy with the seal of
the board and the signature of the chairman of the board or the
executive administrator is admissible as evidence in any court or
administrative proceeding.
(b) The board shall provide in its rules the fees that will be
charged for copies and is authorized to furnish copies, certified
or otherwise, to a person without charge when the furnishing of
the copies serves a public purpose. Other statutes concerning
fees for copies of records do not apply to the board, except that
the fees set by the board for copies prepared by the board shall
not exceed those prescribed in Chapter 603, Government Code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.169; Acts
1995, 74th Leg., ch. 76, Sec. 5.95(13), eff. Sept. 1, 1995.
Sec. 6.154. COMPLAINT FILE. (a) The board shall maintain a
file on each written complaint filed with the board. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
agency closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 9, eff.
Sept. 1, 2001.
Sec. 6.155. NOTICE OF COMPLAINT. The board, at least quarterly
until final disposition of the complaint, shall notify the person
filing the complaint and each person who is a subject of the
complaint of the status of the investigation unless the notice
would jeopardize an undercover investigation.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 9, eff.
Sept. 1, 2001.
Sec. 6.1555. REFERRAL FOR INVESTIGATION OR ENFORCEMENT ACTION.
(a) The board, as the result of a complaint filed with the board
or on the board's own motion, may refer an applicant for or
recipient of financial assistance from the board to the
commission, the state auditor's office, the Texas Rangers, or
another state agency, office, or division, as appropriate, for
the investigation of, or the initiation of an enforcement action
against, the applicant or recipient.
(b) The executive administrator shall transmit the referral to
the appropriate state agency, office, or division, monitor the
progress of the investigation or enforcement action, and report
to the board on a quarterly basis.
Added by Acts 2005, 79th Leg., Ch.
1063, Sec. 1, eff. September 1, 2005.
Sec. 6.156. REPORTS TO GOVERNOR. (a) The board shall make
biennial reports in writing to the governor and the members of
the legislature. Each report shall include a statement of the
activities of the board and its recommendations for necessary and
desirable legislation.
(b) The board shall file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the board during the preceding year. The form of the
annual report and the reporting time shall be that provided in
the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.1565. REPORT TO SECRETARY OF STATE. (a) In this
section, "colonia" means a geographic area that:
(1) is an economically distressed area as defined by Section
17.921;
(2) is located in a county any part of which is within 62 miles
of an international border; and
(3) consists of 11 or more dwellings that are located in close
proximity to each other in an area that may be described as a
community or neighborhood.
(b) To assist the secretary of state in preparing the report
required under Section 405.021, Government Code, the board on a
quarterly basis shall provide a report to the secretary of state
detailing any projects funded by the board that serve colonias by
providing water or wastewater services or other assistance.
(c) The report must include:
(1) a description of any relevant projects;
(2) the location of each project;
(3) the number of colonia residents served by each project;
(4) the exact amount spent or the anticipated amount to be spent
on each colonia served by each project;
(5) a statement of whether each project is completed and, if
not, the expected completion date of the project; and
(6) any other information, as determined appropriate by the
secretary of state.
(d) The board shall require an applicant for funds administered
by the board to submit to the board a colonia classification
number, if one exists, for each colonia that may be served by the
project proposed in the application. If a colonia does not have
a classification number, the board may contact the secretary of
state or the secretary of state's representative to obtain the
classification number. On request of the board, the secretary of
state or the secretary of state's representative shall assign a
classification number to the colonia.
Added by Acts 2005, 79th Leg., Ch.
828, Sec. 7, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
341, Sec. 13, eff. June 15, 2007.
Sec. 6.157. SEAL. The board shall have a seal bearing the words
"Texas Water Development Board" encircling the oak and olive
branches common to other official seals.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
SUBCHAPTER F. EXECUTIVE ADMINISTRATOR
Sec. 6.181. GENERAL RESPONSIBILITIES. The executive
administrator shall manage the administrative affairs of the
board subject to this code and other laws and under the general
supervision and direction of the board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.183. EMPLOYMENT OF PERSONNEL. The executive
administrator shall employ necessary personnel for the board. The
executive administrator may delegate powers and duties to deputy
executive administrators.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 1993, 73rd Leg., ch. 477, Sec. 1, eff. Aug.
30, 1993.
Sec. 6.184. ADMINISTRATIVE ORGANIZATION. The executive
administrator, with the approval of the board, may organize and
reorganize the administrative sections and divisions of the board
in a form and manner that will achieve the greatest efficiency
and effectiveness.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.185. INFORMATION REQUEST TO COMMISSION. (a) With regard
to any matter pending before the board, the executive
administrator may obtain from the commission information relating
to that matter.
(b) On receiving a request from the executive administrator, the
commission should make the requested information available within
30 days after the information is requested and shall make the
requested information available not later than 90 days after the
information is requested.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.186. CAREER LADDER PROGRAM. The executive administrator
or his designee shall develop an intraagency career ladder
program, one part of which shall require the intraagency posting
of all nonentry level positions concurrently with any public
posting.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.187. MERIT PAY. The executive administrator or his
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for board employees
must be based on the system established under this section.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.188. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
executive administrator or the executive administrator's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure
that all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with state and federal law and
a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 9, eff.
Sept. 1, 2001.
Sec. 6.189. APPEARANCES AT HEARINGS. The position of and
information developed by the board may be presented by the
executive administrator or his designated representative at
hearings of the board and commission and at hearings held by
federal, state, and local agencies on matters affecting the
public's interest in the state's water resources, including
matters that have been determined to be policies of the state.
The board shall be named a party in any hearing before the
commission in which the board requests party status. The board
may appeal any ruling, decision, or other act of the commission.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.190. CONTRACTS. (a) The executive administrator, on
behalf of the board, may negotiate with and, with the consent of
the board, may enter into contracts with the United States or any
of its agencies for the purpose of carrying out the powers,
duties, and responsibilities of the board.
(b) The executive administrator, on behalf of the board, may
negotiate with and, with the consent of the board, may enter into
contracts or other agreements with states and political
subdivisions of this state or other entity for the purpose of
carrying out the powers, duties, and responsibilities of the
board.
(c) The executive administrator, on behalf of the board, shall
obtain the approval of the attorney general as to the legality of
a resolution of the board authorizing state ownership in a
project.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.191. TRAVEL EXPENSES. The executive administrator is
entitled to receive actual and necessary travel expenses. Other
employees of the board are entitled to receive travel expenses as
provided by the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.192. GIFTS AND GRANTS. The executive administrator may
apply for, request, solicit, contract for, receive, and accept
money and other assistance from any source to carry out the
powers and duties provided by this code.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.193. EMPLOYEE MOVING EXPENSES. If provided by
legislative appropriation, the board may pay the costs of
transporting and delivering household goods and effects of
employees transferred by the executive administrator from one
permanent station to another when, in the judgment of the
executive administrator, the transfer will serve the best
interest of the state.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.194. APPLICATIONS AND OTHER DOCUMENTS. (a) An
application, petition, or other document requiring action of the
board shall be presented to the executive administrator and
handled as provided by this code and in the rules of the board.
(b) After an application, petition, or other document requiring
action of the board is processed, it shall be presented to the
board for action as required by law and the rules of the board.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.195. NOTICE OF APPLICATION. (a) At the time an
application requiring action of the board is filed and is
administratively complete, the board shall give notice of the
application to any person who may be affected by the granting of
the application.
(b) The board shall adopt rules for the notice required by this
section.
(c) The notice must state:
(1) the identifying number given the application by the board;
(2) the name and address of the applicant;
(3) the date on which the application was submitted; and
(4) a brief summary of the information included in the
application.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.197. INTELLECTUAL PROPERTY OF BOARD. The executive
administrator, with the approval of the board and on the board's
behalf, may:
(1) acquire, apply for, register, secure, hold, protect, and
renew under the laws of this state, another state, the United
States, or any other nation:
(A) a patent for the invention or discovery of:
(i) any new and useful process, machine, manufacture,
composition of matter, art, or method;
(ii) any new use of a known process, machine, manufacture,
composition of matter, art, or method; or
(iii) any new and useful improvement on a known process,
machine, manufacture, composition of matter, art, or method;
(B) a copyright for an original work of authorship fixed in any
tangible medium of expression, now known or later developed, from
which the work may be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or
device;
(C) a trademark, service mark, collective mark, or certification
mark for a word, name, symbol, device, or slogan that the board
uses to identify and distinguish the board's goods and services
from other goods and services; or
(D) other evidence of protection or exclusivity issued for
intellectual property;
(2) contract with a person for the reproduction, public
performance, display, advertising, marketing, lease, licensing,
sale, use, or other distribution of the board's intellectual
property;
(3) obtain under a contract described by Subdivision (2) a
royalty, license right, or other appropriate means of securing
reasonable compensation or thing of nonmonetary value for the
exercise of rights with respect to the board's intellectual
property;
(4) waive, increase, or reduce the amount of compensation or
thing of nonmonetary value secured by a contract under
Subdivision (3) if the executive administrator, with the approval
of the board, determines that the waiver, increase, or reduction
will:
(A) further a goal or mission of the board; and
(B) result in a net benefit to this state; and
(5) enforce rules adopted to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
382, Sec. 1, eff. September 1, 2007.
Sec. 6.198. PURCHASE, DONATION, AND SALE OF PROMOTIONAL ITEMS.
(a) The executive administrator, with the approval of the board
and on the board's behalf, may purchase, donate, sell, or
contract for the sale of items to promote the programs of the
board, including:
(1) caps or other clothing;
(2) posters;
(3) banners;
(4) calendars;
(5) books;
(6) prints; and
(7) other items as determined by the board.
(b) The board may use its Internet website to advertise and sell
the items described by Subsection (a).
(c) Money received from the sale of a promotional item under
this section shall be deposited in the general revenue fund and
may be used only by the board to further the purposes and
programs of the board.
(d) Section 403.095, Government Code, does not apply to money
deposited in the general revenue fund under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1008, Sec. 1, eff. September 1, 2009.
SUBCHAPTER G. JUDICIAL REVIEW
Sec. 6.241. JUDICIAL REVIEW OF ACTS. (a) A person affected by
a ruling, order, decision, or other act of the board may file a
petition to review, set aside, modify, or suspend the act of the
board.
(b) A person affected by a ruling, order, or decision of the
board must file his petition within 30 days after the effective
date of the ruling, order, or decision. A person affected by an
act other than a ruling, order, or decision must file his
petition within 30 days after the date the board performed the
act.
(c) Orders, decisions, or other actions of the board pursuant to
Subchapters E and F of Chapter 16 and to Chapter 17 of this code
are not subject to appeal.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.242. REMEDY FOR BOARD OR EXECUTIVE ADMINISTRATOR
INACTION. A person affected by the failure of the board or the
executive administrator to act in a reasonable time on an
application or to perform any other duty with reasonable
promptness may file a petition to compel the board or the
executive administrator to show cause why it should not be
directed by the court to take immediate action.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.243. DILIGENT PROSECUTION OF SUIT. The plaintiff shall
prosecute with reasonable diligence any suit brought under
Section 6.241 or 6.242 of this code. If the plaintiff does not
secure proper service of process or does not prosecute his suit
within one year after it is filed, the court shall presume that
the suit has been abandoned. The court shall dismiss the suit on
a motion for dismissal made by the attorney general unless the
plaintiff after receiving due notice can show good and sufficient
cause for the delay.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.244. VENUE. A suit instituted under Section 6.241 or
6.242 of this code must be brought in a district court in Travis
County.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.245. APPEAL OF DISTRICT COURT JUDGMENT. A judgment or
order of a district court in a suit brought for or against the
board or the executive administrator is appealable as are other
civil cases in which the district court has original
jurisdiction.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.246. APPEAL BY EXECUTIVE ADMINISTRATOR PRECLUDED. A
ruling, order, decision, or other act of the board may not be
appealed by the executive administrator.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.
Sec. 6.247. LAW SUITS; CITATION. Law suits filed by and against
the board or the executive administrator shall be in the name of
the board. In suits against the board or the executive
administrator, citation may be served on the executive
administrator.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1,
1985.