Texas Water Code Title 2, Chapter 6 - Texas Water Development Board

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...

SUBCHAPTER B ORGANIZATION OF THE TEXAS WATER DEVELOPMENT BOARD

• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C TEXAS WATER DEVELOPMENT BOARD

• Texas Section 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...
• Texas Section 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.
• Texas Section 6.052 - Members Of The Board; Appointment
  (a) The board is composed of three members who are appointed by the governor with the advice and consent of the senate. One member must...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 6.056 - Terms Of Office
  (a) The members of the board hold office for staggered terms of six years, with the term of one member expiring February 1 of each...
• Texas Section 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...
• Texas Section 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...
• Texas Section 6.059 - Chairman Of The Board
  The governor shall designate one member as chairman of the board to serve at the will of the governor. Added by Acts 1985, 69th Leg.,...
• Texas Section 6.060 - Board Meetings
  (a) The board shall hold regular meetings and all hearings at times specified by a board order and entered in its minutes. The board may...
• Texas Section 6.061 - Full-time Service
  Each member of the board shall serve on a full-time basis. Added by Acts 1985, 69th Leg., ch. 795, Sec. 1.002, eff. Sept. 1, 1985....

SUBCHAPTER D GENERAL POWERS AND DUTIES OF THE BOARD

• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 6.103 - Executive Administrator
  The board shall appoint a person to be the executive administrator to serve at the will of the board. A person is not eligible for...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 6.113 - Negotiated Rulemaking And Alternative Dispute Resolution
  (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
• Texas Section 6.114 - Financial Assistance Programs: Default, Remedies, And Enforcement
  (a) In this section: (1) "Default" means: (A) default in payment of the principal of or interest on bonds, securities, or other obligations purchased or...

SUBCHAPTER E ADMINISTRATIVE PROVISIONS FOR THE BOARD

• Texas Section 6.115 - Receivership
  (a) In this section, "financial assistance program recipient" has the meaning assigned by Section 6.114. (b) In addition to the remedies available under Section 6.114,...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 6.154 - Complaint File
  (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties...
• Texas Section 6.155 - Notice Of Complaint
  The board shall periodically notify the complaint parties of the status of the complaint until final disposition. Added by Acts 1985, 69th Leg., ch. 795,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F EXECUTIVE ADMINISTRATOR

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G JUDICIAL REVIEW

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...

Last modified: September 28, 2016