JH C.S.H.B. 2231 75(R)BILL ANALYSIS URBAN AFFAIRS C.S.H.B. 2231 By: Keel 5-7-97 Committee Report (Substituted) BACKGROUND Chapter 451 of the Transportation Code provides for the appointment of members to the governing boards of metropolitan rapid transit authorities, the method of appointment, the filling of vacancies, and the term of office. Board members are appointed by the governing bodies of the principal city of the territory of the authority and by panels consisting of the mayors of other municipalities, the county judge(s) and members of the commissioners court(s) of the territory of the authority. In certain authorities, this system of appointment has resulted in complaints that the appointed board is often not sufficiently and directly accountable to the taxpayers of the authority. PURPOSE C.S.H.B. 2231, as proposed, would amend Subchapter K, Chapter 451, Transportation Code, to require the election by single-member districts of the governing board of certain authorities. 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. Amends Subchapter K, Chapter 451, Transportation Code, by adding Section 451.5036 to read as follows: Sec. 451.5036 ELECTED BOARD. (a) Notwithstanding Sections 451.501 and 451.502, the board of an authority in which the governing body of the principal municipality is elected at large shall be elected as provided by this section. (b) The board shall divide the authority into a number of districts equal to the number of members on the board. The districts must: (1) be compact; (2) not, to the extent possible, divide a county or municipality located in the authority; and (3) as nearly as practicable, be contiguous and be of equal population, according to the most recent federal census. (c) Voters of each authority district are entitled to elect one member of the board. A candidate for the board must be a resident of the district the candidate seeks to represent. A member of the board vacates the office if the member ceases to reside in the district the member represents. (d) Members of an elected board under this section serve staggered two-year terms that begin on the first day of the month following the month the votes for board members are canvassed. (e) A vacancy on the board shall be filled by appointment made by the remaining board members. The appointed person serves for the unexpired term (f) The board shall redraw authority districts in accordance with Subsection (b) not later than the 120th day after the date of the release of the federal decennial census. The new districts take effect at the first authority district election that occurs on or after the 180th day of of the release of the federal decennial census. (g) After the first election following a redistricting of an authority, one-half of the members of the board, rounded up to the next whole number, serve two-year terms, and the remaining members serve one-year terms. The members shall draw lots to determine the length of their terms. (h) Members of a board elected under this section shall choose their presiding officers. SECTION 2. Contains provisions governing only an authority to which Section 451.5036, as added by this Act, applies. Stipulates that the districts be drawn by the board not later than January 1, 1998; that the first election for the members of the board shall be held on the date of the 1998 general election of officers of the municipality with the largest population in the authority; and that the term of appointed members of the board serving on the effective date of this Act expire on the first day of the month following the canvas of the election. Also provides that, after the initial election of members of the board, the members shall draw lots to determine the length of their terms as required by Section 451.5036. SECTION 3. Emergency clause; effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute changes the bill's application to transit authorities in which the governing body of the principal city is elected at large, rather than those authorities confirmed before July 1, 1985 and having a principal city population of less than 750,000. The substitute also changes the date for the first election of board members and the expiration of appointed terms, as provided for in Section 2(c), (d) of the bill.