Bill Text: TX SB2059 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the composition of the governing body of certain metropolitan rapid transit authorities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-21 - Referred to Urban Affairs [SB2059 Detail]
Download: Texas-2015-SB2059-Introduced.html
Bill Title: Relating to the composition of the governing body of certain metropolitan rapid transit authorities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-21 - Referred to Urban Affairs [SB2059 Detail]
Download: Texas-2015-SB2059-Introduced.html
By: Bettencourt | S.B. No. 2059 | |
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relating to the composition of the governing body of certain | ||
metropolitan rapid transit authorities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 451.501, Transportation Code, is amended | ||
by amending Subsections (a), (c), (d), and (f) and adding | ||
Subsection (e-1) to read as follows: | ||
(a) Except as provided by Subsection (b), a board is | ||
composed of: | ||
(1) five members; and [ |
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(2) the number of additional members determined under | ||
Subsection (c), (d), [ |
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(c) Notwithstanding Subsection (e-1), if [ |
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percent of the population of the principal county, excluding the | ||
population of the principal municipality, reside in the authority, | ||
the board has two additional members. | ||
(d) Notwithstanding Subsection (e-1), if [ |
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more but less than 75 percent of the population of the principal | ||
county, excluding the population of the principal municipality, | ||
reside in the authority, the board has four additional members. | ||
(e-1) If the population of the principal county is greater | ||
than four million, the board has six additional members. | ||
(f) In this section and Sections [ |
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451.504, "principal county" means the county in which not less than | ||
51 percent of the territory of the principal municipality is | ||
located. | ||
SECTION 2. Section 451.504, Transportation Code, is amended | ||
by amending Subsection (a) and adding Subsections (d), (d-1), and | ||
(d-2) to read as follows: | ||
(a) Except as provided by Subsections (d) and (d-1), a [ |
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vacancy on a board is filled by the person or entity that appointed | ||
the member who was in the position that is vacant. If confirmation | ||
of the previous position was required, confirmation of the vacancy | ||
appointment is required in the same manner. | ||
(d) If the appropriate appointing entity under Section | ||
451.502 fails to make an appointment to fill a vacancy in certain | ||
board positions on or before 45 days after the date the vacancy was | ||
created, appointment to the position shall be made by a substitute | ||
appointing entity as follows: | ||
(1) for a board position under Section 451.502(a), the | ||
board member is appointed by the commissioners court of the | ||
principal county; | ||
(2) for a board position under Section 451.502(e)(1), | ||
the board member is appointed by the mayor of the principal | ||
municipality and subject to confirmation by the governing body of | ||
the principal municipality; and | ||
(3) for a board position appointed under Section | ||
451.502(e)(2), the board member is appointed by a panel composed of | ||
the mayors of the municipalities in the authority, excluding the | ||
mayor of the principal municipality, and the county judges of the | ||
counties having unincorporated area in the authority, excluding the | ||
county judge of the principal county. | ||
(d-1) If a substitute appointing entity fails to make an | ||
appointment required under Subsection (d) on or before 90 days | ||
after the date on which the vacancy was created, appointment to the | ||
position shall be made by the governor, with the advice and consent | ||
of the senate. | ||
(d-2) Subsections (d) and (d-1) apply only to an authority | ||
described by Section 451.501(e) or (e-1). | ||
SECTION 3. Section 451.505, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) Board members of an authority described by Section | ||
451.501(e) or (e-1) serve staggered two-year terms. In such an | ||
authority: | ||
(1) of the five board members appointed under Section | ||
451.502(a), three members serve terms expiring October 1 of each | ||
odd-numbered year and two members serve terms expiring October 1 of | ||
each even-numbered year; | ||
(2) of the two board members appointed under Section | ||
451.502(e)(1), one member serves a term expiring October 1 of each | ||
odd-numbered year and one member serves a term expiring October 1 of | ||
each even-numbered year; | ||
(3) of the three board members appointed under Section | ||
451.502(e)(2), two members serve terms expiring October 1 of each | ||
odd-numbered year and one member serves a term expiring October 1 of | ||
each even-numbered year; and | ||
(4) the board member appointed as presiding officer | ||
under Section 451.502(e)(3) serves a term expiring October 1 of | ||
each odd-numbered year. | ||
SECTION 4. Section 451.506, Transportation Code, is amended | ||
by amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) An individual may not serve more than eight years on the | ||
same board and may not be appointed to a term for which service to | ||
the completion of the term would exceed this limitation. This | ||
subsection applies only to a board of an authority: | ||
(1) in which the principal municipality has a | ||
population of more than 1.9 million or less than 320,000; [ |
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(2) created before 1980 and in which the principal | ||
municipality has a population of less than 1.9 million; or | ||
(3) described by Section 451.501(e) or (e-1). | ||
(e) Holdover service by a board member of an authority | ||
described by Section 451.501(e) or (e-1) may not exceed 45 days. If | ||
a qualified successor is not appointed during the 45-day holdover | ||
period, the position is vacated and subject to appointment under | ||
Section 451.504(d). A holdover board member who is not reappointed | ||
during the 45-day holdover period is ineligible for appointment to | ||
the position. | ||
SECTION 5. (a) This section applies only to the governing | ||
body of a metropolitan rapid transit authority described by Section | ||
451.501(e), Transportation Code, or Section 451.501(e-1), | ||
Transportation Code, as added by this Act. | ||
(b) Notwithstanding any contrary provision of Subchapter K, | ||
Chapter 451, Transportation Code: | ||
(1) a member of a governing body who is serving on the | ||
effective date of this Act, other than a member serving as a | ||
holdover pending appointment of a successor, is, except as provided | ||
by Subdivision (2) of this subsection, reappointed to the member's | ||
position as follows: | ||
(A) except as provided by Paragraph (B) of this | ||
subdivision, a member whose term ends in an even-numbered year is | ||
reappointed to a term expiring October 1, 2016, and a member whose | ||
term ends in an odd-numbered year is reappointed to a term expiring | ||
October 1, 2017; and | ||
(B) a member serving as presiding officer of the | ||
body is reappointed to a term expiring October 1, 2017; and | ||
(2) a member of a governing body, including a | ||
presiding officer, who has served eight years or more on the body | ||
before the effective date of this Act is ineligible to serve on the | ||
body on or after that date, and any such member's position is | ||
vacated. | ||
SECTION 6. The change in law made by this Act applies to a | ||
member of a metropolitan rapid transit authority appointed before, | ||
on, or after the effective date of this Act. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |