WATER CODE
CHAPTER 6. TEXAS WATER DEVELOPMENT BOARD
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1991, 72nd Leg., ch. 516, § 1, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.056, eff.
Aug. 12, 1991.
§ 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, § 1.002, eff. Sept. 1,
1985.
SUBCHAPTER B. ORGANIZATION OF THE TEXAS WATER DEVELOPMENT BOARD
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 6.012. GENERAL DUTIES AND RESPONSIBILITIES. (a) The
board has general jurisdiction over:
(1) the development of a statewide water plan;
(2) the administration of the state's various water
assistance and financing programs including those created by the
constitution; and
(3) 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, § 1.002, eff. Sept. 1,
1985.
§ 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 2013 and every 12th year after 2013 are reviewed.
Added by Acts 1985, 69th Leg., ch. 795, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.20(47), eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 17, §
5.24(a), eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1234, §
2, eff. Sept. 1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985.
SUBCHAPTER C. TEXAS WATER DEVELOPMENT BOARD
§ 6.051. STATE AGENCY. The Texas Water Development
Board is an agency of the state.
Added by Acts 1985, 69th Leg., ch. 795, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 3, eff. Sept.
1, 2001.
§ 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.
Added by Acts 1985, 69th Leg., ch. 795, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 4, eff. Sept.
1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1991, 72nd Leg., ch. 516, § 1, eff. Sept.
1, 1991.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 4, eff. Sept.
1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(25), eff.
Sept. 1, 1987; Acts 2001, 77th Leg., ch. 1234, § 4, eff. Sept. 1,
2001.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 5, eff. Sept.
1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 6, eff. Sept. 1, 2001.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF THE BOARD
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1991, 72nd Leg., ch. 516, § 1, eff. Sept.
1, 1991.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 7, eff. Sept.
1, 2001.
§ 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, § 3, eff. June 19, 1987.
§ 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, § 1, eff. Aug. 30, 1993.
§ 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, § 1, eff. Aug. 30, 1993.
§ 6.110. CAPITAL SPENDING PLAN. (a) Each biennium,
the executive administrator shall develop and submit to the board
for its approval a capital spending plan for state-funded programs,
including the Texas water development fund II, the agricultural
water conservation fund, and the water assistance fund.
(b) The plan must:
(1) identify water funding needs in the state and set
forth a basis for allocating state-supported funding to address
those needs; and
(2) if applicable, provide details about:
(A) the reasons state-supported funding was not
allocated according to the methodologies identified in prior plans;
and
(B) any adjustments to the plan from prior plans
in response to changing water priorities.
(c) In developing the plan, the executive administrator
shall consider:
(1) any commission compliance issues;
(2) information derived from facility needs
assessments or other water and wastewater needs assessments;
(3) regional planning group plans required under
Section 16.053; and
(4) any other appropriate information.
(d) The board shall consider the plan at a regularly
scheduled meeting and, on approval, submit it to the legislature
and the Legislative Budget Board before January 1 of each
odd-numbered year. The board may include the plan as part of its
legislative appropriations request.
Added by Acts 2001, 77th Leg., ch. 1234, § 8, eff. Sept. 1, 2001.
§ 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, § 8, eff. Sept. 1, 2001.
SUBCHAPTER E. ADMINISTRATIVE PROVISIONS FOR THE BOARD
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 584, § 71, eff. Sept.
1, 1989.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 6.153. DOCUMENTS, ETC., STATE PROPERTY; OPEN FOR
INSPECTION.
Text of section effective until delegation of NPDES permit
authority
All information, documents, and data collected by the board
in the performance of its duties are the property of the state.
Subject to the limitations in this code, all records are open to
inspection by any person during regular office hours.
Added by Acts 1985, 69th Leg., ch. 795, § 1.002, eff. Sept. 1,
1985.
For text of section effective upon delegation of NPDES permit
authority, see § 6.153, post
§ 6.153. COPIES OF DOCUMENTS, PROCEEDINGS, ETC.
Text of section effective upon delegation of NPDES permit authority
(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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1985, 69th Leg., ch. 795, § 1.169; Acts
1995, 74th Leg., ch. 76, § 5.95(13), eff. Sept. 1, 1995.
For text of section effective until delegation of NPDES permit
authority, see § 6.153, ante
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 9, eff. Sept.
1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 9, eff. Sept.
1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
SUBCHAPTER F. EXECUTIVE ADMINISTRATOR
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 1993, 73rd Leg., ch. 477, § 1, eff. Aug.
30, 1993.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 1234, § 9, eff. Sept.
1, 2001.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 6.196. TRAINING ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive administrator or the executive
administrator's designee shall provide to agency employees
information and training on the benefits and methods of
participation in the state employee incentive program under
Subchapter B, Chapter 2108, Government Code.
Added by Acts 2001, 77th Leg., ch. 1234, § 10, eff. Sept. 1,
2001.
SUBCHAPTER G. JUDICIAL REVIEW
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
§ 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, § 1.002, eff. Sept. 1,
1985.
