By: Wolens H.B. No. 188
73R219 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of the board of certain mass transit
1-3 authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6, Chapter 683, Acts of the 66th
1-6 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 6. SUBREGIONAL BOARD IN A SUBREGION HAVING A PRINCIPAL
1-9 CITY WITH POPULATION IN EXCESS OF 800,000. (a) This section
1-10 applies only to an authority in a subregion in which the principal
1-11 city has a population greater than 800,000, according to the most
1-12 recent federal census.
1-13 (b) The subregional board consists of nine members. Each
1-14 member is elected from a district.
1-15 (c) Voters of an authority district are entitled to elect
1-16 one member to the board. A candidate for the board must be a
1-17 resident of the district the candidate seeks to represent. A
1-18 member of the board must be a resident of the district the member
1-19 represents and vacates the office if the member ceases to reside in
1-20 that district.
1-21 (d) Elections for board members shall be held on the uniform
1-22 election date in May of each even-numbered year, or if there is no
1-23 uniform election date in May, on the second uniform election date
1-24 of an even-numbered year. A candidate is elected to the board if
2-1 the candidate receives a majority of the votes cast in the
2-2 candidate's district.
2-3 (e) Elected members serve terms of two years that begin on
2-4 July 1 of each even-numbered year.
2-5 (f) A vacancy on the board shall be filled by appointment
2-6 made by the remaining board members. The appointed person serves
2-7 for the unexpired term.
2-8 (g) The board shall, not later than January 1 of the year
2-9 following the year the federal census is released, divide the
2-10 authority into nine districts. The board shall number each
2-11 district. The districts must be compact and must be as nearly as
2-12 practicable contiguous and of equal population according to the
2-13 most recent federal census. A district may not cross a municipal
2-14 boundary unless it is reasonably necessary to comply with equal
2-15 population requirements or other federal law.
2-16 (h) If the area of the authority expands or decreases, the
2-17 board shall, not later than 120 days after the date on which the
2-18 authority expands or decreases in size, draw new authority
2-19 districts in accordance with Subsection (g) of this section. The
2-20 authority shall hold elections in the new districts on the first
2-21 election date prescribed by Subsection (d) of this section that
2-22 occurs after the 90th day after the date that the new districts are
2-23 drawn <The subregional board in a subregion having a principal city
2-24 with population in excess of 800,000 shall be organized in
2-25 accordance with this section.>
2-26 <(b) The commissioners court of the county of the principal
2-27 city shall appoint one member.>
3-1 <(c) The remaining members of the subregional board shall be
3-2 apportioned according to the ratio which the population of each
3-3 incorporated city bears to the total population of the territory
3-4 included within the subregion. Any combination of cities
3-5 aggregating a total population of 60,000 shall be entitled to one
3-6 member on the interim subregional board. Following the
3-7 confirmation election, any combination of cities who have voted
3-8 confirmation of the authority may aggregate a population of at
3-9 least 60,000 for the purpose of appointing one member to the
3-10 initial subregional board. In establishing the interim subregional
3-11 board, if the results of the 1980 federal census are unavailable,
3-12 the most recent population estimates of the appropriate
3-13 metropolitan planning organization will be used.>
3-14 <(d) No city will be entitled to appoint more than 65
3-15 percent of the board members. If it would be so entitled pursuant
3-16 to Subsection (c) of this section, it will be limited to 65 percent
3-17 and the remaining members will be apportioned among the other
3-18 cities in the subregion according to the provisions of Subsection
3-19 (c) of this section.>
3-20 <(e) Prior to 60 days following the date for establishment
3-21 of the board or restructuring of the board pursuant to Subsection
3-22 (f) of this section, any two or more cities lacking a specifically
3-23 designated board member may combine to be treated as a single city
3-24 for purposes of Subsection (c) of this section, but no combination
3-25 will be entitled to appoint more than one member of the board.>
3-26 <(f) Every five years as of the first day of September
3-27 following the date the census data or population estimates become
4-1 available, or when a city or an unincorporated area withdraws from
4-2 or joins in the authority, the board shall be restructured pursuant
4-3 to Subsections (c) and (h) of this section, if warranted by the
4-4 withdrawal or addition of cities or unincorporated areas, or by
4-5 population changes or changes in combinations established pursuant
4-6 to Subsection (e) of this section.>
4-7 <(g) The members of the board shall serve at the pleasure of
4-8 the governing body of each appointing governmental entity, except
4-9 that the governing body of a principal city may not by rule, order,
4-10 or ordinance limit the number of terms that members of the board
4-11 may serve. The governing body shall confirm its board appointment
4-12 to begin terms on the first day of September in every odd-numbered
4-13 year.>
4-14 <(h) The total number of members comprising the board shall
4-15 be governed by the total population of the territory included in
4-16 the subregion. Specifically, the board size shall be determined by
4-17 the following formula:>
4-18 <Total Members>
4-19 <Total Population> <on Subregional>
4-20 þL in Subregion ää þL Board ää
4-21 <Less than 1,000,000> <15>
4-22 <1,000,000 to 1,400,000> <21>
4-23 <1,400,000 plus> <25>
4-24 <(i) Should a city be entitled to more than one board
4-25 member, the governing body may appoint a number of members less
4-26 than those allocated, who will be entitled to the same number of
4-27 votes as the number of members allocated, but a member so appointed
5-1 shall not cast divided votes.>
5-2 <(j) Sixty-five percent of the members constitutes a quorum
5-3 for the purpose of conducting business and actions may be taken
5-4 upon a majority vote of the members present so long as there is a
5-5 quorum>.
5-6 SECTION 2. Section 8(a), Chapter 683, Acts of the 66th
5-7 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
5-8 Civil Statutes), is amended to read as follows:
5-9 (a) Members of a subregional board of a subregion in which
5-10 the principal city has a population less than 800,000, according to
5-11 the most recent federal census, <subregional boards> must be
5-12 registered voters residing within the boundaries of the authority.
5-13 They shall serve at the pleasure of the appointing local governing
5-14 bodies. Reaffirmation of the appointments will be required each
5-15 September 1. Vacancies shall be filled in the same manner as
5-16 original appointments.
5-17 SECTION 3. (a) The members of the board of a subregion of a
5-18 regional transportation authority in which the principal city has a
5-19 population of greater than 800,000, according to the most recent
5-20 federal census, serving on the effective date of this Act continue
5-21 to serve until July 1, 1994. The board shall consist of the same
5-22 number of members during this period as it had immediately before
5-23 the effective date of this Act, and the quorum requirements in
5-24 effect immediately before the effective date of this Act remain in
5-25 effect during this period. Vacancies during this period shall be
5-26 filled in the same manner as the original appointments.
5-27 (b) The existing board shall draw the initial districts in
6-1 accordance with Section 6(g), Chapter 683, Acts of the 66th
6-2 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
6-3 Civil Statutes), as amended by Section 1 of this Act, not later
6-4 than January 1, 1994. The board shall hold the initial elections
6-5 under those districts on the uniform election date in May 1994, or,
6-6 if there is no uniform election date in May, on the second uniform
6-7 election date in 1994. A candidate is elected if the candidate
6-8 receives a majority of the votes cast in the candidate's district.
6-9 SECTION 4. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended,
6-14 and that this Act take effect and be in force from and after its
6-15 passage, and it is so enacted.