By Conley H.B. No. 3157
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures for the removal, by a recall process, of
1-3 members of the governing board of certain metropolitan rapid
1-4 transit authorities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 1118x, Vernon's Texas Civil Statutes, is
1-7 amended by amending Sections 4(e)(2)(A), 4(e)(4) and 4(e)(5)(A)
1-8 thereof to read as follows:
1-9 (2)(A) In addition to the methods of removal of board
1-10 members provided by Subdivisions (1) and (4) of this subsection,
1-11 board members of an authority in which the rate of the sales and
1-12 use tax is one percent and whose principal city has a population of
1-13 more than 1,200,000, according to the most recent federal census,
1-14 or of an authority in which the rate of the sales and use tax is
1-15 one-half of one percent and whose principal city has a population
1-16 of greater than 900,000, but less than 1,000,000, according to the
1-17 most recent federal census, are subject to removal by the recall
1-18 procedure provided by this subdivision.
1-19 (4) In addition to the methods of removal of board
1-20 members provided by Subdivisions (1) and (2) of this subsection, a
1-21 board member of an authority in which the principal city has a
1-22 population of more than 900,000, but less than 1,000,000, or of
1-23 more than 1,200,000, according to the most recent federal census,
2-1 may be removed by the agency that appointed the member. In the
2-2 case of the principal city, removal under this subsection is by
2-3 recommendation of the mayor and confirmation of that city's
2-4 governing body. Grounds for removal under this subdivision are the
2-5 grounds described by Subdivisions (1) and (5) of this subsection.
2-6 Before removing a board member under this subdivision, the
2-7 appointing agency or, in the case of a member appointed by the
2-8 mayor of the principal city and confirmed by that city's governing
2-9 body, the mayor of the principal city shall furnish to the member a
2-10 statement of the charges as grounds for removal. Before the 11th
2-11 day after the date the member receives the statement, the member
2-12 may request a hearing before the appointing or confirming agency.
2-13 At such <a> hearing, the member is entitled to be represented in
2-14 person or through counsel. After a hearing, if the appointing or
2-15 confirming agency determines that the charges are true, it shall
2-16 remove the member from the board.
2-17 (5)(A) In addition to the grounds described by
2-18 Subdivision (1) of this subsection, it is a ground for removal from
2-19 the board of an authority in which the principal city has a
2-20 population of greater than 900,000, but less than 1,000,000, or of
2-21 more than 1,200,000, according to the most recent federal census,
2-22 if a member:
2-23 (i) does not have, at the time of
2-24 appointment, the qualifications required by Sections 4(d) and 6B(e)
2-25 of this Act;
3-1 (ii) does not maintain, during service on
3-2 the board, the qualifications required by Sections 4(d) and 6B(e)
3-3 of this Act;
3-4 (iii) violates a prohibition established
3-5 by Subsection (d) of this section or Chapter 171, Local Government
3-6 Code;
3-7 (iv) cannot discharge the member's duties
3-8 for a substantial part of the term for which the member is
3-9 appointed because of illness or disability; or
3-10 (v) is absent from more than half of the
3-11 regularly-scheduled board meetings that the member is eligible to
3-12 attend during a calendar year unless the absence is excused by
3-13 majority vote of the board.
3-14 SECTION 2. This Act takes effect September 1, 1995.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.