By: Alvarado H.B. No. 1930
73R6413 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ethnic composition of appointed advisory boards and
1-3 governing bodies of political subdivisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-6 amended by adding Chapter 174 to read as follows:
1-7 CHAPTER 174. ETHNIC COMPOSITION OF APPOINTED ADVISORY
1-8 BOARDS AND GOVERNING BODIES
1-9 Sec. 174.001. APPLICABILITY. This chapter applies only to a
1-10 political subdivision's advisory board or governing body that is
1-11 wholly or partially made up of appointed members of the general
1-12 public.
1-13 Sec. 174.002. COMPOSITION OF APPOINTED ADVISORY BOARD OR
1-14 GOVERNING BODY. The ethnic composition of the appointed public
1-15 membership of an advisory board or governing body of a political
1-16 subdivision or of a department, agency, or other division of a
1-17 political subdivision must fairly reflect the ethnic composition
1-18 of:
1-19 (1) the political subdivision; or
1-20 (2) the population of the geographic area under the
1-21 jurisdiction of the department, agency, or other division of the
1-22 political subdivision, if the jurisdiction of the department,
1-23 agency, or other division of the political subdivision is limited
1-24 to a geographic area that is smaller than the political
2-1 subdivision.
2-2 Sec. 174.003. VALIDITY OF ACTIONS. The validity of an
2-3 action taken by an advisory board or governing body subject to this
2-4 chapter is not affected by the fact that the composition of the
2-5 advisory board or governing body violates this chapter.
2-6 Sec. 174.004. REMEDY. If the composition of an advisory
2-7 board or governing body subject to this chapter violates this
2-8 chapter, it is a ground for removal from the advisory board or
2-9 governing body of the person who most recently qualified for
2-10 membership on the advisory board or governing body who is an
2-11 appointed public member and whose ethnic group is represented by a
2-12 disproportionately large number of appointed public members on the
2-13 advisory board or governing body.
2-14 SECTION 2. (a) As the terms of appointed public members of
2-15 advisory boards and governing bodies subject to Chapter 174, Local
2-16 Government Code, as added by this Act, expire or as vacancies on
2-17 those advisory boards or governing bodies are created, the
2-18 appropriate appointing authority shall make the necessary
2-19 appointments to achieve compliance for those advisory boards or
2-20 governing bodies, as soon as possible, with the provisions of
2-21 Chapter 174.
2-22 (b) A proceeding may not be brought under Section 174.004,
2-23 Local Government Code, as added by this Act, until February 1,
2-24 2000.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.