CHAPTER 6. TEXAS WATER DEVELOPMENT BOARD

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Water-code > Title-2-water-administration > 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.

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.

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.

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.

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;

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.

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.

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.

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.

(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.

(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.

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.

(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;

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).

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!