84R10788 JAM-F
By: Coleman H.B. No. 3228
A BILL TO BE ENTITLED
AN ACT
relating to 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) 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 [plus]
(2) the number of additional members determined under
Subsection (c), (d), [or] (e), or (e-1).
(e-1) Notwithstanding Subsection (c), (d), or (e), if the
population of the principal county is greater than four million,
the board has six additional members.
(f) In this section and Sections [Section] 451.502 and
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), (e), (f),
and (g) to read as follows:
(a) Except as provided by Subsections (d) and (e), a [A]
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 does not make an appointment to fill a vacancy on or before
the 45th day after the date the vacancy was created, a substitute
appointing entity shall appoint a person to the position 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 under Section 451.502(e)(2),
the board member is appointed by a panel composed of:
(A) the mayors of municipalities in the
authority, excluding the mayor of the principal municipality; and
(B) the county judges of the counties having
unincorporated area in the authority, excluding the county judge of
the principal county.
(e) If a substitute appointing entity does not make an
appointment required under Subsection (d) on or before the 90th day
after the date on which the vacancy was created, the governor shall
appoint a person to the position, with the advice and consent of the
senate.
(f) A substitute appointing entity and the governor may not
appoint a person to a position under Subsection (d) or (e), as
appropriate, in which the person was serving immediately before the
vacancy.
(g) Subsections (d), (e), and (f) apply only to an authority
described by Section 451.501(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-1) serve staggered two-year terms as follows:
(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 Subsections (a) and (b) and adding Subsection (e) to
read as follows:
(a) A member of the board may be reappointed except as
provided by Section 451.504(f) and this section.
(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; [or]
(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-1).
(e) Holdover service by a board member of an authority
described by Section 451.501(e-1) may not exceed 45 days.
SECTION 5. (a) In this section, "board" means the governing
body of a rapid transit authority created under Chapter 451,
Transportation Code, or under former Chapter 141 (S.B. 642), Acts
of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
Vernon's Texas Civil Statutes).
(b) On the effective date of this Act, a member of a board
described by Section 451.501(e-1), as added by this Act, other than
a holdover pending a reappointment of a successor, is reappointed
to the board for a new term as provided by this section unless
service to the completion of the term would cause the member to
violate the term limitation under Section 451.506(b),
Transportation Code, as amended by this Act. If so, the appropriate
appointing entity under Section 451.502, Transportation Code,
shall appoint a different person to the board.
(c) For reappointments and appointments to the board under
Subsection (b) of this section, the appropriate appointing entity
shall designate or appoint board members to serve terms expiring
October 1, 2015, or October 1, 2016, in accordance with Section
451.505, Transportation Code, as amended by this Act.
SECTION 6. 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.