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.