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.