2015S0365-1 03/03/15
By: Ellis, Bettencourt S.B. No. 1331
A BILL TO BE ENTITLED
AN ACT
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 [plus]
(2) the number of additional members determined under
Subsection (c), (d), [or] (e), or (e-1).
(c) Notwithstanding Subsection (e-1), if [If] less than 50
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 [If] 50 percent or
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 [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), (d-1), and
(d-2) to read as follows:
(a) Except as provided by Subsections (d) and (d-1), 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 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; [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) 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.