JH H.B. 883 75(R)BILL ANALYSIS


URBAN AFFAIRS
H.B. 883
By: Krusee
3-13-97
Committee Report (Substituted)



BACKGROUND 

Chapter 451 of the Transportation Code is entitled Metropolitan Rapid
Transit Authorities.  It contains the provisions regarding the creation of
transit authorities, including their powers, management, issuance of
bonds, and the makeup of the governing board.  Subchapter K is entitled
Boards and contains the provisions regarding the appointment of members,
the filling of vacancies, and the term of office.  A board consists of
five members, plus additional members depending upon the distribution of
population.  Up to six additional members may be appointed. Two additional
members are appointed if less than half the population of the principal
county reside in the authority, excluding those residing in the principal
municipality.  Four additional board members are appointed if fifty to
seventy-five percent of the population of the principal county reside in
the authority, again excluding those residing in the principal
municipality.  If more than seventy-five percent, six additional board
members are appointed. 

Five board members are appointed by the principal city.  The additional
board members are appointed by panels consisting of the mayors of other
municipalities and county judges, and by the commissioners court.  The
number of total board members is governed by Transportation Code Section
451.501; the manner of appointment is governed by Section 451.502. 

PURPOSE

The purpose of this bill would establish a nine member board with one
member appointed by a panel consisting of the mayor of cities outside the
principal county and county judges outside the principal county, for those
transit authorities subject to the bill.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Makes inapplicable Transportation Code Section 451.501, which
establishes the number of board members for those authorities with a
principal city under 750,000 in population and created before July 1,
1985. 

Section 2.  Makes inapplicable Transportation Code Section 451.502, which
otherwise determines the manner of board appointments. 

Section 3.  Adds Transportation Code Section 451.5021, applicable to
transit authorities with a principal city under 750,000 population and
created before July 1, 1985.   
Board consisting of nine members: 
 five appointed by the principal city; one appointed by the principal
county; one appointed  by a panel of mayors and county judges outside the
principal city and principal county;  one appointed by a panel of mayors
in the principal county, excluding mayor of principal  city; one appointed
by metropolitan planning organization. 

Section 4.  Transitional provision.
 
Section 5.  Effective date of September 1, 1997.

Section 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill, also applicable to transit authorities created before
July 1, 1985, and with a principal city under 750,000, would have provided
for an appointment for two, four, or six additional members appointed by
panels of mayors and county judges, the commissioners court, and the board
itself.