By: Carona H.B. No. 40
73R218 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conversion to an elected board of certain mass
1-3 transit authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 683, Acts of the 66th Legislature,
1-6 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 10D to read as follows:
1-8 Sec. 10D. CONVERSION TO ELECTED BOARD. (a) This section
1-9 applies only to an authority consisting of one subregion governed
1-10 by a subregional board created under Section 6 of this Act.
1-11 (b) The voters of an authority by a petition filed with the
1-12 board may require an election to determine whether board members
1-13 should be elected and the size of the elected board, which may
1-14 consist of 7, 11, 15, or 25 members.
1-15 (c) A petition is valid if:
1-16 (1) it states that it is intended to require an
1-17 election on whether the members of the board of the authority
1-18 should be elected;
1-19 (2) it states the proposed number of members of the
1-20 elected board;
1-21 (3) it is signed by registered voters of the authority
1-22 equal in number to at least five percent of the number of voters of
1-23 the authority voting in the most recent gubernatorial general
1-24 election; and
2-1 (4) the signatures are obtained not earlier than the
2-2 90th day before the date the petition is filed with the board.
2-3 (d)(1) After receiving a petition, the board shall submit it
2-4 to the secretary of state for validation. The secretary shall rule
2-5 on the validity of the petition not later than the 30th day after
2-6 the date the secretary receives the petition and shall notify the
2-7 board of the ruling. If the secretary finds the petition valid, or
2-8 fails to act within the time allowed, the board shall order the
2-9 election to be held on the next available uniform election date
2-10 prescribed by the Election Code that allows sufficient time to
2-11 comply with other requirements of law. The authority shall pay the
2-12 costs of determining the validity of a petition, if any, and of the
2-13 election.
2-14 (2) If two or more valid petitions are filed with the
2-15 board at the same time and propose different numbers of members of
2-16 the elected board, the board shall order an election on all
2-17 propositions presented in the petitions on the same date.
2-18 (e) At the election, the ballot shall be prepared to permit
2-19 voting for or against the following proposition: "The election of
2-20 the (name of authority) board consisting of (number of members)
2-21 members." The board shall be elected and composed of the number of
2-22 members stated in the proposition if a majority of the voters
2-23 voting in the election approve the proposition.
2-24 (f)(1) If more than one proposition receives a majority of
2-25 the votes cast on the proposition, the board shall be composed of
2-26 the number of board members in the proposition receiving the most
2-27 votes.
3-1 (2) If no proposition receives a majority of the votes
3-2 cast on the proposition, an election may not be held under this
3-3 section before the second anniversary of the date of the election.
3-4 (3) If a proposition is approved under this section,
3-5 the voters of an authority by a petition may require an election to
3-6 change the size of the board in the same manner as provided by
3-7 Subsection (c) of this section except that a subsequent election
3-8 may not be held before the sixth anniversary of the date the board
3-9 becomes an elected board. If the board becomes an elected board it
3-10 may not return to an appointed board.
3-11 (g) If a proposition is approved under this section, the
3-12 board shall divide the authority into a number of districts equal
3-13 to the number of members of the board. The districts must be
3-14 compact and must be as nearly as practicable contiguous and of
3-15 equal population according to the most recent federal decennial
3-16 census. In drawing the districts the board shall, whenever
3-17 possible, follow existing municipal boundaries and district lines
3-18 of the ruling body of a municipality. The board shall number each
3-19 district. The board shall draw the districts not later than the
3-20 120th day after the election date.
3-21 (h) The board shall order an election for board members to
3-22 be held on a uniform election date prescribed by the Election Code
3-23 that occurs not later than 15 months after the date the districts
3-24 are drawn and that allows sufficient time to comply with other
3-25 requirements of law.
3-26 (i) Voters of each district are entitled to elect one member
3-27 to the board. A candidate for the board must be a resident of the
4-1 district the candidate seeks to represent. A member of the board
4-2 must be a resident of the district the member represents and
4-3 vacates the office if the member ceases to reside in the district.
4-4 (j) The terms of all appointed members expire on the first
4-5 day of the month following the month the votes for board members
4-6 are canvassed. Except as provided by Subsection (k) of this
4-7 section, elected members serve staggered two-year terms that begin
4-8 on the first day of the month following the month the votes for
4-9 board members are canvassed.
4-10 (k) After the initial election of board members or the first
4-11 election following a redistricting of an authority, one-half of the
4-12 members of the board, rounded up to the nearest whole number, serve
4-13 two-year terms, and the remaining members serve one-year terms.
4-14 The members shall draw lots to determine the length of their terms.
4-15 (l) Subsequent elections for board members shall be held on
4-16 the uniform election date preceding the expiration of the members'
4-17 terms.
4-18 (m) A vacancy on the board shall be filled by appointment
4-19 made by the remaining board members. The appointed member serves
4-20 for the unexpired term.
4-21 (n) If the area of the authority expands or decreases, the
4-22 board shall draw new districts in accordance with Subsection (g) of
4-23 this section to reflect the new area of the authority not later
4-24 than the 60th day before the date of the first election of board
4-25 members following the change in the area of the authority.
4-26 (o) The board shall redraw districts in accordance with
4-27 Subsection (g) of this section not later than the 120th day after
5-1 the date of release of each federal decennial census. The new
5-2 districts take effect for the first district election that occurs
5-3 at least 180 days after the date of the release of the federal
5-4 decennial census.
5-5 SECTION 2. This Act takes effect September 1, 1993.
5-6 SECTION 3. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.