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.