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.