Commissioners want changes to how GBRA directors are selected

The Gonzales County Commissioners Court passed a resolution Monday, Dec. 12, calling for a change in how and how many directors are selected to the Guadalupe Basin River Authority (GBRA) board.

Among the changes being recommended are allowing county commissioners courts from 11 counties to each appoint — by majority vote — one member of the board, bringing the number of directors from nine to 11, and changing the length of term from six years to four years, with a total term limit of 12 years.

A proposed bill attached to the resolution would also limit the amount of compensation that could be paid to the GBRA general manager and govern how GBRA could employ legal counsel and lobbyists.

Currently, the GBRA board comprises nine directors who are appointed through the governor’s office and confirmed by the Texas Senate. Each director serves a six-year term and three directors are appointed or reappointed every two years.

GBRA was established by the Texas Legislature in 1933 to manage the water supply and water conservation of the Guadalupe River Basin, which also includes the Blanco, Comal and San Marcos Rivers. Its boundaries are within 10 counties — Hays, Comal, Guadalupe, Caldwell, Gonzales, DeWitt, Victoria, Kendall, Refugio and Calhoun — and its territory covers 7,300 square miles.

Nearly 1 million Texas residents rely on GBRA to supply drinking water and for recreation, wastewater treatment, watershed production and conservation.

The GBRA is also responsible for the hydroelectric dams at six lakes and one reservoir. Three of those aging dams (Lake Wood, Lake Dunlap and Lake Gonzales) have failed, and while the Lake Dunlap dam is being rebuilt, there have been no plans or efforts made to reconstruct the dams at both Lake Wood and Lake Gonzales — both of which are in Gonzales County.

By law, GBRA is not authorized to levy or collect taxes or assessments or “in any way to pledge the general credit of the state of Texas.” However, the authority may pledge proceeds from water sales to improvement bonds that can be used to pay for infrastructure improvements.

Gonzales County Judge Pat Davis said he would like to see legislation passed that would allow county commissioners courts to appoint the directors for GBRA. Aransas County would join the 10 current member counties of GBRA in having representation on the board as well.
“The majority of folks that are appointed (to GBRA) are appointed through the governor's office, and in this way, none of the counties in this area have any say so on who will be appointed there,” County Judge Pat Davis said Monday. “This resolution being sent in to the governor’s office would be to request them to allow the counties to assist in that decision.”

Davis said the resolution approved by commissioners points out how “rapid urban population growth and uneven economic development within GBRA's statutory boundaries, and the centralization of water policy and planning in Austin highlights the importance of local control and accountability over the operations of GBRA.”

He noted that county commissioners courts, which are elected by county residents, “are the body politic most responsive to the needs and requirements of their constituents” and thus allowing the county commissioners courts to pick the GBRA directors would give the counties and their constituents “greater oversight and accountability for GBRA's operations.”

Proponents of a local bill to address how GBRA board members are appointed note the governor “currently appoints over 3,000 state officials and generally they are recommended by contributors, friends of contributors, local party officials or local elected office holders.”

“Nominees are run through the Texas Senate for a quick vote; about 90% are confirmed without a hearing,” an informational sheet attached to the resolution states. “Often, the appointees defer completely to the agency's staff and simply rubber stamp everything.

“A board member who has to explain to the County Commissioners Court (and their constituents) why they voted for certain actions will be held to account if they approve activities that are detrimental to their communities.”

The bill would limit the maximum salary of the GBRA executive leadership to that of the chairman of the Texas Water Development Board, a major state agency. That amount is currently at $200,000 per year. As of fiscal year 2023, the GBRA general manager earns $360,000 per year.

The proposed bill also would limit terms of directors from six years to four years and limit their maximum to a total of 12 years in office. Right now, there are no term limits for any member of the GBRA board, who serve at the governor’s command and can only be removed due to “inefficiency, neglect of duty or misconduct in office.”

The bill would also allow GBRA to contract with the Texas Attorney General for legal and legislative services and to hire a general counsel and full-time employee lobbyist — both of whom would report directly to the board — but GBRA would not be allowed to hire outside law firms or lobbyists.

A local bill can be drafted by anyone, including constituents, but it must be introduced in the House or Senate by a member of that body. Local bills have an advantage in that they can be introduced at any time within the session and are generally ones with less resistance from other members of the governing body.

If a local bill is successfully passed and signed into law, the terms of the current GBRA board members would terminate immediately and the commissioners courts would then select their own representatives  to the board. Current board members for GBRA include:
• Chairman Dennis L. Patillo of Victoria (Victoria County), president of Evangelynn Hospitality LLC. Reappointed 2021, term expires 2027

• Vice Chairman Don Mead of San Marcos (Hays County), retired rancher and engineer with Procter & Gamble. Reappointed 2020, term expires 2025.

• Secretary/Treasurer William Carbonara of Cuero (DeWitt County), an account executive at JHC Insurance Agency. Reappointed 2020, term expires 2025

• Kenneth A Motl, DVM of Port Lavaca (Calhoun County), veterinarian at Bayfront Animal Hospital. Reappointed 2018, term expires 2023.

• Steve Ehrig of Gonzales (Gonzales County), Ehrig Brothers Ag and E Barr Feeds. Reappointed 2020, Term expires 2025.

• Oscar Fogle of Lockhart (Caldwell County), owner of Oak Hill Ranch and retired Exxon employee. Reappointed 2018, term expires 2023.

• Sheila L. Old of Seguin (Guadalupe County), president of Old Law Firm. Appointed 2021, term expires 2027.

• Andra Wisian of Boerne (Kendall County), self-employed creative media consultant. Appointed 2021, term expires 2027.

• Emanuel Valdez of New Braunfels (Comal County), software consulting manager for BMC Software Inc. Appointed 2021, term expires 2023.