Texas 2015 - 84th Regular

Texas Senate Bill SB2059 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Bettencourt S.B. No. 2059
2		-	(In the Senate - Filed April 17, 2015; April 20, 2015, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 30, 2015, reported favorably by the following
5		-	vote: Yeas 5, Nays 1; April 30, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the composition of the governing body of certain
12	7		metropolitan rapid transit authorities.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Section 451.501, Transportation Code, is amended
15	10		by amending Subsections (a), (c), (d), and (f) and adding
16	11		Subsection (e-1) to read as follows:
17	12		(a) Except as provided by Subsection (b), a board is
18	13		composed of:
19	14		(1) five members; and [plus]
20	15		(2) the number of additional members determined under
21	16		Subsection (c), (d), [or] (e), or (e-1).
22	17		(c) Notwithstanding Subsection (e-1), if [If] less than 50
23	18		percent of the population of the principal county, excluding the
24	19		population of the principal municipality, reside in the authority,
25	20		the board has two additional members.
26	21		(d) Notwithstanding Subsection (e-1), if [If] 50 percent or
27	22		more but less than 75 percent of the population of the principal
28	23		county, excluding the population of the principal municipality,
29	24		reside in the authority, the board has four additional members.
30	25		(e-1) If the population of the principal county is greater
31	26		than four million, the board has six additional members.
32	27		(f) In this section and Sections [Section] 451.502 and
33	28		451.504, "principal county" means the county in which not less than
34	29		51 percent of the territory of the principal municipality is
35	30		located.
36		-	SECTION 2. Section 451.504, Transportation Code, is amended
37		-	by amending Subsection (a) and adding Subsections (d), (d-1), and
38		-	(d-2) to read as follows:
39		-	(a) Except as provided by Subsections (d) and (d-1), a [A]
	31	+	SECTION 2. Section 451.502(e), Transportation Code, is
	32	+	amended to read as follows:
	33	+	(e) In an authority having six additional members, the
	34	+	additional members are appointed as follows:
	35	+	(1) two members appointed by a panel composed of:
	36	+	(A) the mayors of the municipalities in the
	37	+	authority, excluding the mayor of the principal municipality; and
	38	+	(B) the county judges of the counties having
	39	+	unincorporated area in the authority, excluding the county judge of
	40	+	the principal county;
	41	+	(2) three members appointed by the commissioners court
	42	+	of the principal county; and
	43	+	(3) one member, who serves as presiding officer of the
	44	+	board, appointed by a majority of the board from its then-current
	45	+	membership.
	46	+	SECTION 3. Section 451.504, Transportation Code, is amended
	47	+	by amending Subsection (a) and adding Subsections (d), (e), (f),
	48	+	and (g) to read as follows:
	49	+	(a) Except as provided by Subsections (d) and (e), a [A]
40	50		vacancy on a board is filled by the person or entity that appointed
41	51		the member who was in the position that is vacant. If confirmation
42	52		of the previous position was required, confirmation of the vacancy
43	53		appointment is required in the same manner.
44	54		(d) If the appropriate appointing entity under Section
45	55		451.502 fails to make an appointment to fill a vacancy in certain
46		-	board positions on or before ~~45 days~~ after the date the vacancy ~~was~~
47		-	created, appointment to the position shall be made by a ~~substitute~~
48		-	appointing entity as follows:
	56	+	board positions on or before the 45th day after the date the vacancy
	57	+	was created, appointment to the position shall be made by a
	58	+	substitute appointing entity as follows:
49	59		(1) for a board position under Section 451.502(a), the
50	60		board member is appointed by the commissioners court of the
51	61		principal county;
52	62		(2) for a board position under Section 451.502(e)(1),
53	63		the board member is appointed by the mayor of the principal
54	64		municipality and subject to confirmation by the governing body of
55		-	the principal municipality; ~~and~~
	65	+	the principal municipality;
56	66		(3) for a board position appointed under Section
57	67		451.502(e)(2), the board member is appointed by a panel composed of
58	68		the mayors of the municipalities in the authority, excluding the
59	69		mayor of the principal municipality, and the county judges of the
60	70		counties having unincorporated area in the authority, excluding the
61		-	county judge of the principal county.
62		-	(d-1) If a substitute appointing entity fails to make an
63		-	appointment required under Subsection (d) on or before 90 days
64		-	after the date on which the vacancy was created, appointment to the
65		-	position shall be made by the governor, with the advice and consent
66		-	of the senate.
67		-	(d-2) Subsections (d) and (d-1) apply only to an authority
68		-	described by Section 451.501(e) or (e-1).
69		-	SECTION 3. Section 451.505, Transportation Code, is amended
	71	+	county judge of the principal county; and
	72	+	(4) for the board position appointed under Section
	73	+	451.502(e)(3), the board member is appointed jointly by the mayor
	74	+	of the principal municipality and the county judge of the principal
	75	+	county.
	76	+	(e) If a substitute appointing entity fails to make an
	77	+	appointment required under Subsection (d) on or before the 90th day
	78	+	after the date on which the vacancy was created, the mayor of the
	79	+	principal municipality and the county judge of the principal county
	80	+	shall jointly appoint a person to the position.
	81	+	(f) A substitute appointing entity acting individually or
	82	+	the mayor of the principal municipality and the county judge of the
	83	+	principal county acting jointly may not appoint a person to a
	84	+	position under Subsection (d) or (e), as appropriate, in which the
	85	+	person was serving immediately before the vacancy.
	86	+	(g) Subsections (d), (e), and (f) apply only to an authority
	87	+	described by Section 451.501(e).
	88	+	SECTION 4. Section 451.505, Transportation Code, is amended
70	89		by adding Subsection (c) to read as follows:
71	90		(c) Board members of an authority described by Section
72	91		451.501(e) or (e-1) serve staggered two-year terms. In such an
73	92		authority:
74	93		(1) of the five board members appointed under Section
75		-	451.502(a), three members serve terms expiring ~~October~~ 1 of each
76		-	~~odd~~-numbered year and two members serve terms expiring ~~October~~ 1 of
77		-	each ~~even~~-numbered year;
	94	+	451.502(a), three members serve terms expiring April 1 of each
	95	+	even-numbered year and two members serve terms expiring April 1 of
	96	+	each odd-numbered year;
78	97		(2) of the two board members appointed under Section
79		-	451.502(e)(1), one member serves a term expiring ~~October~~ 1 of each
80		-	odd-numbered year and one member serves a term expiring ~~October~~ 1 of
	98	+	451.502(e)(1), one member serves a term expiring April 1 of each
	99	+	odd-numbered year and one member serves a term expiring April 1 of
81	100		each even-numbered year;
82	101		(3) of the three board members appointed under Section
83		-	451.502(e)(2), two members serve terms expiring ~~October~~ 1 of each
84		-	~~odd~~-numbered year and one member serves a term expiring ~~October~~ 1 of
85		-	each ~~even~~-numbered year; and
	102	+	451.502(e)(2), two members serve terms expiring April 1 of each
	103	+	even-numbered year and one member serves a term expiring April 1 of
	104	+	each odd-numbered year; and
86	105		(4) the board member appointed as presiding officer
87		-	under Section 451.502(e)(3) serves a term expiring ~~October~~ 1 of
88		-	~~each~~ odd-numbered year.
89		-	SECTION 4. Section 451.506, Transportation Code, is amended
	106	+	under Section 451.502(e)(3) serves a term expiring April 1 of each
	107	+	odd-numbered year.
	108	+	SECTION 5. Section 451.506, Transportation Code, is amended
90	109		by amending Subsection (b) and adding Subsection (e) to read as
91	110		follows:
92		-	(b) An individual may not serve more than eight years ~~on the~~
93		-	same board and may not be appointed to a term for which ~~service to~~
94		-	the completion of the term would exceed this limitation. ~~This~~
95		-	subsection applies only to a board of an authority:
	111	+	(b) An individual may not serve more than 12 [eight] years
	112	+	on the [same] board and may not be appointed to a term for which
	113	+	service to the completion of the term would exceed this limitation.
	114	+	This subsection applies only to a board of an authority:
96	115		(1) in which the principal municipality has a
97	116		population of more than 1.9 million or less than 320,000; [or]
98	117		(2) created before 1980 and in which the principal
99	118		municipality has a population of less than 1.9 million; or
100	119		(3) described by Section 451.501(e) or (e-1).
101	120		(e) Holdover service by a board member of an authority
102	121		described by Section 451.501(e) or (e-1) may not exceed 45 days. If
103	122		a qualified successor is not appointed during the 45-day holdover
104	123		period, the position is vacated and subject to appointment under
105	124		Section 451.504(d). A holdover board member who is not reappointed
106	125		during the 45-day holdover period is ineligible for appointment to
107	126		the position.
108		-	SECTION 5. (a) This section applies only to the governing
	127	+	SECTION 6. (a) This section applies only to the governing
109	128		body of a metropolitan rapid transit authority described by Section
110	129		451.501(e), Transportation Code, or Section 451.501(e-1),
111	130		Transportation Code, as added by this Act.
112	131		(b) Notwithstanding any contrary provision of Subchapter K,
113	132		Chapter 451, Transportation Code:
114	133		(1) a member of a governing body who is serving on the
115	134		effective date of this Act, other than a member serving as a
116	135		holdover pending appointment of a successor, is, except as provided
117	136		by Subdivision (2) of this subsection, reappointed to the member's
118	137		position as follows:
119	138		(A) except as provided by Paragraph (B) of this
120	139		subdivision, a member whose term ends in an even-numbered year is
121		-	reappointed to a term expiring ~~October~~ 1, 2016, and a member whose
	140	+	reappointed to a term expiring April 1, 2016, and a member whose
122	141		term ends in an odd-numbered year is reappointed to a term expiring
123		-	~~October~~ 1, 2017; and
	142	+	April 1, 2017; and
124	143		(B) a member serving as presiding officer of the
125		-	body is reappointed to a term expiring ~~October~~ 1, ~~2017~~; and
	144	+	body is reappointed to a term expiring April 1, 2018; and
126	145		(2) a member of a governing body, including a
127		-	presiding officer, who has served ~~eight~~ years or more on the body
	146	+	presiding officer, who has served 12 years or more on the body
128	147		before the effective date of this Act is ineligible to serve on the
129	148		body on or after that date, and any such member's position is
130	149		vacated.
131		-	SECTION 6. The change in law made by this Act applies to a
	150	+	SECTION 7. The change in law made by this Act applies to a
132	151		member of a metropolitan rapid transit authority appointed before,
133	152		on, or after the effective date of this Act.
134		-	SECTION 7. This Act takes effect immediately if it receives
	153	+	SECTION 8. This Act takes effect immediately if it receives
135	154		a vote of two-thirds of all the members elected to each house, as
136	155		provided by Section 39, Article III, Texas Constitution. If this
137	156		Act does not receive the vote necessary for immediate effect, this
138	157		Act takes effect September 1, 2015.
139		-	* * * * *