Texas 2015 - 84th Regular

Texas House Bill HB3228 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10788 JAM-F
2	2	By: Coleman H.B. No. 3228
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the governing body of certain metropolitan rapid
8	8	transit authorities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 451.501, Transportation Code, is amended
11	11	by amending Subsections (a) and (f) and adding Subsection (e-1) to
12	12	read as follows:
13	13	(a) Except as provided by Subsection (b), a board is
14	14	composed of:
15	15	(1) five members; and [plus]
16	16	(2) the number of additional members determined under
17	17	Subsection (c), (d), [or] (e), or (e-1).
18	18	(e-1) Notwithstanding Subsection (c), (d), or (e), if the
19	19	population of the principal county is greater than four million,
20	20	the board has six additional members.
21	21	(f) In this section and Sections [Section] 451.502 and
22	22	451.504, "principal county" means the county in which not less than
23	23	51 percent of the territory of the principal municipality is
24	24	located.
25	25	SECTION 2. Section 451.504, Transportation Code, is amended
26	26	by amending Subsection (a) and adding Subsections (d), (e), (f),
27	27	and (g) to read as follows:
28	28	(a) Except as provided by Subsections (d) and (e), a [A]
29	29	vacancy on a board is filled by the person or entity that appointed
30	30	the member who was in the position that is vacant. If confirmation
31	31	of the previous position was required, confirmation of the vacancy
32	32	appointment is required in the same manner.
33	33	(d) If the appropriate appointing entity under Section
34	34	451.502 does not make an appointment to fill a vacancy on or before
35	35	the 45th day after the date the vacancy was created, a substitute
36	36	appointing entity shall appoint a person to the position as
37	37	follows:
38	38	(1) for a board position under Section 451.502(a), the
39	39	board member is appointed by the commissioners court of the
40	40	principal county;
41	41	(2) for a board position under Section 451.502(e)(1),
42	42	the board member is appointed by the mayor of the principal
43	43	municipality and subject to confirmation by the governing body of
44	44	the principal municipality; and
45	45	(3) for a board position under Section 451.502(e)(2),
46	46	the board member is appointed by a panel composed of:
47	47	(A) the mayors of municipalities in the
48	48	authority, excluding the mayor of the principal municipality; and
49	49	(B) the county judges of the counties having
50	50	unincorporated area in the authority, excluding the county judge of
51	51	the principal county.
52	52	(e) If a substitute appointing entity does not make an
53	53	appointment required under Subsection (d) on or before the 90th day
54	54	after the date on which the vacancy was created, the governor shall
55	55	appoint a person to the position, with the advice and consent of the
56	56	senate.
57	57	(f) A substitute appointing entity and the governor may not
58	58	appoint a person to a position under Subsection (d) or (e), as
59	59	appropriate, in which the person was serving immediately before the
60	60	vacancy.
61	61	(g) Subsections (d), (e), and (f) apply only to an authority
62	62	described by Section 451.501(e-1).
63	63	SECTION 3. Section 451.505, Transportation Code, is amended
64	64	by adding Subsection (c) to read as follows:
65	65	(c) Board members of an authority described by Section
66	66	451.501(e-1) serve staggered two-year terms as follows:
67	67	(1) of the five board members appointed under Section
68	68	451.502(a), three members serve terms expiring October 1 of each
69	69	odd-numbered year and two members serve terms expiring October 1 of
70	70	each even-numbered year;
71	71	(2) of the two board members appointed under Section
72	72	451.502(e)(1), one member serves a term expiring October 1 of each
73	73	odd-numbered year and one member serves a term expiring October 1 of
74	74	each even-numbered year;
75	75	(3) of the three board members appointed under Section
76	76	451.502(e)(2), two members serve terms expiring October 1 of each
77	77	odd-numbered year and one member serves a term expiring October 1 of
78	78	each even-numbered year; and
79	79	(4) the board member appointed as presiding officer
80	80	under Section 451.502(e)(3) serves a term expiring October 1 of
81	81	each odd-numbered year.
82	82	SECTION 4. Section 451.506, Transportation Code, is amended
83	83	by amending Subsections (a) and (b) and adding Subsection (e) to
84	84	read as follows:
85	85	(a) A member of the board may be reappointed except as
86	86	provided by Section 451.504(f) and this section.
87	87	(b) An individual may not serve more than eight years on the
88	88	same board and may not be appointed to a term for which service to
89	89	the completion of the term would exceed this limitation. This
90	90	subsection applies only to a board of an authority:
91	91	(1) in which the principal municipality has a
92	92	population of more than 1.9 million or less than 320,000; [or]
93	93	(2) created before 1980 and in which the principal
94	94	municipality has a population of less than 1.9 million; or
95	95	(3) described by Section 451.501(e-1).
96	96	(e) Holdover service by a board member of an authority
97	97	described by Section 451.501(e-1) may not exceed 45 days.
98	98	SECTION 5. (a) In this section, "board" means the governing
99	99	body of a rapid transit authority created under Chapter 451,
100	100	Transportation Code, or under former Chapter 141 (S.B. 642), Acts
101	101	of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
102	102	Vernon's Texas Civil Statutes).
103	103	(b) On the effective date of this Act, a member of a board
104	104	described by Section 451.501(e-1), as added by this Act, other than
105	105	a holdover pending a reappointment of a successor, is reappointed
106	106	to the board for a new term as provided by this section unless
107	107	service to the completion of the term would cause the member to
108	108	violate the term limitation under Section 451.506(b),
109	109	Transportation Code, as amended by this Act. If so, the appropriate
110	110	appointing entity under Section 451.502, Transportation Code,
111	111	shall appoint a different person to the board.
112	112	(c) For reappointments and appointments to the board under
113	113	Subsection (b) of this section, the appropriate appointing entity
114	114	shall designate or appoint board members to serve terms expiring
115	115	October 1, 2015, or October 1, 2016, in accordance with Section
116	116	451.505, Transportation Code, as amended by this Act.
117	117	SECTION 6. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2015.