1-1  By:  Conley (Senate Sponsor - Wentworth)              H.B. No. 3157
    1-2        (In the Senate - Received from the House April 10, 1995;
    1-3  April 11, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 3, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 10,
    1-6  Nays 0; May 3, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 3157               By:  Wentworth
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the board of certain metropolitan rapid transit
   1-11  authorities.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 4(e)(2)(A), Chapter 141, Acts of the 63rd
   1-14  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
   1-15  Civil Statutes), is amended to read as follows:
   1-16                    (A)  In addition to the methods of removal of
   1-17  board members provided by Subdivisions (1) and (4) of this
   1-18  subsection, board members of an authority in which the <rate of the
   1-19  sales and use tax is one percent and whose> principal city has a
   1-20  population of more than 750,000 <1,200,000>, according to the most
   1-21  recent federal census, are subject to removal by the recall
   1-22  procedure provided by this subdivision.
   1-23        SECTION 2.  Section 4(e)(4), Chapter 141, Acts of the 63rd
   1-24  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
   1-25  Civil Statutes), is amended to read as follows:
   1-26              (4)  In addition to the methods of removal of board
   1-27  members provided by Subdivisions (1) and (2) of this subsection, a
   1-28  board member of an authority in which the principal city has a
   1-29  population of more than 750,000 <1,200,000>, according to the most
   1-30  recent federal census, may be removed by the agency that appointed
   1-31  the member.  In the case of the principal city, removal under this
   1-32  subsection is by recommendation of the mayor and confirmation of
   1-33  that city's governing body.  Grounds for removal under this
   1-34  subdivision are the grounds described by Subdivisions (1) and (5)
   1-35  of this subsection.  Before removing a board member under this
   1-36  subdivision, the appointing agency or, in the case of a member
   1-37  appointed by the mayor of the principal city and confirmed by that
   1-38  city's governing body, the mayor of the principal city shall
   1-39  furnish to the member a statement of the charges as grounds for
   1-40  removal.  Before the 11th day after the date the member receives
   1-41  the statement, the member may request a hearing before the
   1-42  appointing or confirming agency.  At a hearing, the member is
   1-43  entitled to be represented in person or through counsel.  After a
   1-44  hearing, if the appointing or confirming agency determines that the
   1-45  charges are true, it shall remove the member from the board.
   1-46        SECTION 3.  Section 4(e)(5)(A), Chapter 141, Acts of the 63rd
   1-47  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
   1-48  Civil Statutes), is amended to read as follows:
   1-49                    (A)  In addition to the grounds described by
   1-50  Subdivision (1) of this subsection, it is a ground for removal from
   1-51  the board of an authority in which the principal city has a
   1-52  population of more than 750,000 <1,200,000>, according to the most
   1-53  recent federal census, if a member:
   1-54                          (i)  does not have at the time of
   1-55  appointment the qualifications required by Sections 4(d) and 6B(e)
   1-56  of this Act;
   1-57                          (ii)  does not maintain during service on
   1-58  the board the qualifications required by Sections 4(d) and 6B(e) of
   1-59  this Act;
   1-60                          (iii)  violates a prohibition established
   1-61  by Subsection (d) of this section or Chapter 171, Local Government
   1-62  Code;
   1-63                          (iv)  cannot discharge the member's duties
   1-64  for a substantial part of the term for which the member is
   1-65  appointed because of illness or disability; or
   1-66                          (v)  is absent from more than half of the
   1-67  regularly scheduled board meetings that the member is eligible to
   1-68  attend during a calendar year unless the absence is excused by
    2-1  majority vote of the board.
    2-2        SECTION 4.  (a)  The terms of all members of the board of a
    2-3  rapid transit authority created under Chapter 141, Acts of the 63rd
    2-4  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
    2-5  Civil Statutes), before 1980, the largest municipality of which has
    2-6  a population of less than 1.2 million, expire on January 1, 1996.
    2-7        (b)  Not later than January 1, 1996, all entities that are
    2-8  eligible to make appointments to a board described in Subsection
    2-9  (a) of this section shall make appointments to fill the vacancies
   2-10  caused by this section.
   2-11        (c)  All persons appointed under Subsection (b) of this
   2-12  section shall draw lots to determine the length of the member's
   2-13  term.  One-half of the members, rounded up to the next whole
   2-14  number, shall serve for a term of two years.  The remaining members
   2-15  serve a term of one year.  All terms begin on January 1, 1996.
   2-16        SECTION 5.  This Act takes effect September 1, 1995.
   2-17        SECTION 6.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.
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