Texas 2015 - 84th Regular

Texas Senate Bill SB1331 Compare Versions

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

Old	New	Differences
1	1	2015S0365-1 03/03/15
2	2	By: Ellis, Bettencourt S.B. No. 1331
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the composition of the governing body of certain
8	8	metropolitan rapid 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), (c), (d), and (f) and adding
12	12	Subsection (e-1) to 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	(c) Notwithstanding Subsection (e-1), if [If] less than 50
19	19	percent of the population of the principal county, excluding the
20	20	population of the principal municipality, reside in the authority,
21	21	the board has two additional members.
22	22	(d) Notwithstanding Subsection (e-1), if [If] 50 percent or
23	23	more but less than 75 percent of the population of the principal
24	24	county, excluding the population of the principal municipality,
25	25	reside in the authority, the board has four additional members.
26	26	(e-1) If the population of the principal county is greater
27	27	than four million, the board has six additional members.
28	28	(f) In this section and Sections [Section] 451.502 and
29	29	451.504, "principal county" means the county in which not less than
30	30	51 percent of the territory of the principal municipality is
31	31	located.
32	32	SECTION 2. Section 451.504, Transportation Code, is amended
33	33	by amending Subsection (a) and adding Subsections (d), (d-1), and
34	34	(d-2) to read as follows:
35	35	(a) Except as provided by Subsections (d) and (d-1), a [A]
36	36	vacancy on a board is filled by the person or entity that appointed
37	37	the member who was in the position that is vacant. If confirmation
38	38	of the previous position was required, confirmation of the vacancy
39	39	appointment is required in the same manner.
40	40	(d) If the appropriate appointing entity under Section
41	41	451.502 fails to make an appointment to fill a vacancy in certain
42	42	board positions on or before 45 days after the date the vacancy was
43	43	created, appointment to the position shall be made by a substitute
44	44	appointing entity as follows:
45	45	(1) for a board position under Section 451.502(a), the
46	46	board member is appointed by the commissioners court of the
47	47	principal county;
48	48	(2) for a board position under Section 451.502(e)(1),
49	49	the board member is appointed by the mayor of the principal
50	50	municipality and subject to confirmation by the governing body of
51	51	the principal municipality; and
52	52	(3) for a board position appointed under Section
53	53	451.502(e)(2), the board member is appointed by a panel composed of
54	54	the mayors of the municipalities in the authority, excluding the
55	55	mayor of the principal municipality, and the county judges of the
56	56	counties having unincorporated area in the authority, excluding the
57	57	county judge of the principal county.
58	58	(d-1) If a substitute appointing entity fails to make an
59	59	appointment required under Subsection (d) on or before 90 days
60	60	after the date on which the vacancy was created, appointment to the
61	61	position shall be made by the governor, with the advice and consent
62	62	of the senate.
63	63	(d-2) Subsections (d) and (d-1) apply only to an authority
64	64	described by Section 451.501(e) or (e-1).
65	65	SECTION 3. Section 451.505, Transportation Code, is amended
66	66	by adding Subsection (c) to read as follows:
67	67	(c) Board members of an authority described by Section
68	68	451.501(e) or (e-1) serve staggered two-year terms. In such an
69	69	authority:
70	70	(1) of the five board members appointed under Section
71	71	451.502(a), three members serve terms expiring October 1 of each
72	72	odd-numbered year and two members serve terms expiring October 1 of
73	73	each even-numbered year;
74	74	(2) of the two board members appointed under Section
75	75	451.502(e)(1), one member serves a term expiring October 1 of each
76	76	odd-numbered year and one member serves a term expiring October 1 of
77	77	each even-numbered year;
78	78	(3) of the three board members appointed under Section
79	79	451.502(e)(2), two members serve terms expiring October 1 of each
80	80	odd-numbered year and one member serves a term expiring October 1 of
81	81	each even-numbered year; and
82	82	(4) the board member appointed as presiding officer
83	83	under Section 451.502(e)(3) serves a term expiring October 1 of
84	84	each odd-numbered year.
85	85	SECTION 4. Section 451.506, Transportation Code, is amended
86	86	by amending Subsection (b) and adding Subsection (e) to read as
87	87	follows:
88	88	(b) An individual may not serve more than eight years on the
89	89	same board and may not be appointed to a term for which service to
90	90	the completion of the term would exceed this limitation. This
91	91	subsection applies only to a board of an authority:
92	92	(1) in which the principal municipality has a
93	93	population of more than 1.9 million or less than 320,000; [or]
94	94	(2) created before 1980 and in which the principal
95	95	municipality has a population of less than 1.9 million; or
96	96	(3) described by Section 451.501(e) or (e-1).
97	97	(e) Holdover service by a board member of an authority
98	98	described by Section 451.501(e) or (e-1) may not exceed 45 days. If
99	99	a qualified successor is not appointed during the 45-day holdover
100	100	period, the position is vacated and subject to appointment under
101	101	Section 451.504(d). A holdover board member who is not reappointed
102	102	during the 45-day holdover period is ineligible for appointment to
103	103	the position.
104	104	SECTION 5. (a) This section applies only to the governing
105	105	body of a metropolitan rapid transit authority described by Section
106	106	451.501(e), Transportation Code, or Section 451.501(e-1),
107	107	Transportation Code, as added by this Act.
108	108	(b) Notwithstanding any contrary provision of Subchapter K,
109	109	Chapter 451, Transportation Code:
110	110	(1) a member of a governing body who is serving on the
111	111	effective date of this Act, other than a member serving as a
112	112	holdover pending appointment of a successor, is, except as provided
113	113	by Subdivision (2) of this subsection, reappointed to the member's
114	114	position as follows:
115	115	(A) except as provided by Paragraph (B) of this
116	116	subdivision, a member whose term ends in an even-numbered year is
117	117	reappointed to a term expiring October 1, 2016, and a member whose
118	118	term ends in an odd-numbered year is reappointed to a term expiring
119	119	October 1, 2017; and
120	120	(B) a member serving as presiding officer of the
121	121	body is reappointed to a term expiring October 1, 2017; and
122	122	(2) a member of a governing body, including a
123	123	presiding officer, who has served eight years or more on the body
124	124	before the effective date of this Act is ineligible to serve on the
125	125	body on or after that date, and any such member's position is
126	126	vacated.
127	127	SECTION 6. The change in law made by this Act applies to a
128	128	member of a metropolitan rapid transit authority appointed before,
129	129	on, or after the effective date of this Act.
130	130	SECTION 7. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2015.