H.B. No. 2062
1-1 AN ACT
1-2 relating to the conversion to an elected board, and to the removal
1-3 of board members by recall, of certain mass transit authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 141, Acts of the 63rd Legislature,
1-6 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 6J to read as follows:
1-8 Sec. 6J. CONVERSION TO ELECTED BOARD. (a) This section
1-9 applies only to an authority created before January 1, 1980, with a
1-10 principal city having a population of less than 1.2 million.
1-11 (b) The board shall divide the authority into a number of
1-12 districts equal to the number of members of the board. The
1-13 districts must be compact and must be as nearly as practicable
1-14 contiguous and of equal population according to the most recent
1-15 federal census. To the extent possible, the districts must
1-16 coincide with state representative districts. The board shall
1-17 number each district. The board shall draw the districts not later
1-18 than January 1, 1996.
1-19 (c) The board shall order the initial election for board
1-20 members to be held the first regular election day for officers of
1-21 the principal city that occurs after the date the districts are
1-22 drawn and that allows sufficient time to comply with other
1-23 requirements of law. Subsequent elections for members must be held
1-24 on the same day as the regular election for officers of the
2-1 principal city.
2-2 (d) Voters of each authority district are entitled to elect
2-3 one member to the board. A candidate for the board must be a
2-4 resident of the district the candidate seeks to represent. A
2-5 member of the board must be a resident of the district the member
2-6 represents and vacates the office if the member ceases to reside in
2-7 the district the member represents.
2-8 (e) The terms of all appointed members expire on the first
2-9 day of the month following the month the votes for board members
2-10 are canvassed. Except as provided by Subsection (f) of this
2-11 section, elected members serve two-year terms that begin on the
2-12 first day of the month following the month the votes for board
2-13 members are canvassed. A person may not be elected to serve more
2-14 than three terms on the board, including any terms the member
2-15 serves as chairman.
2-16 (f) After the initial election of board members or the first
2-17 election following a redistricting of an authority of a board whose
2-18 members serve staggered terms, one-half of the members of the
2-19 board, rounded up to the nearest whole number, serve two-year
2-20 terms, and the remaining members serve one-year terms. The members
2-21 shall draw lots to determine the length of their terms.
2-22 (g) Subsequent elections for board members shall be held on
2-23 the uniform election date preceding the expiration of the members'
2-24 terms.
2-25 (h) A vacancy on the board shall be filled by appointment
2-26 made by the remaining board members. The appointed person serves
2-27 for the unexpired term.
3-1 (i) The provisions of this Act concerning the number of
3-2 board members remain in effect. If the board expands or decreases
3-3 in size, the board shall draw new authority districts in accordance
3-4 with Subsection (b) of this section to reflect the new size of the
3-5 board not later than the 60th day before the date of the first
3-6 election of board members following the change in the size of the
3-7 board.
3-8 (j) The board shall redraw authority districts in accordance
3-9 with Subsection (b) of this section not later than the 120th day
3-10 after the date of the release of each federal decennial census.
3-11 The new districts take effect at the first authority district
3-12 election that occurs on or after the 180th day after the date of
3-13 the release of the federal decennial census.
3-14 (k) The board shall designate one member to serve as
3-15 chairman. A person may not serve as chairman for more than two
3-16 terms.
3-17 (l) If only one candidate's name is to be placed on the
3-18 ballot for a position on the board:
3-19 (1) the board shall declare the candidate elected to
3-20 the position;
3-21 (2) the election for that office is not held; and
3-22 (3) a certificate of election shall be issued to the
3-23 candidate in the same manner as provided for a candidate elected at
3-24 the election.
3-25 SECTION 2. Section 4(e)(2)(A), Chapter 141, Acts of the 63rd
3-26 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
3-27 Civil Statutes), is amended to read as follows:
4-1 (A) In addition to the methods of removal of
4-2 board members provided by Subdivisions (1) and (4) of this
4-3 subsection, board members of an authority in which the rate of the
4-4 sales and use tax is one percent and whose principal city has a
4-5 population of more than 1,200,000, according to the most recent
4-6 federal census, and of an authority created before January 1, 1980,
4-7 with a principal city having a population of less than 1,200,000,
4-8 are subject to removal by the recall procedure provided by this
4-9 subdivision.
4-10 SECTION 3. This Act takes effect September 1, 1996.
4-11 SECTION 4. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.