By:  Cain                                             S.B. No. 1466
         99S0713/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to immunity from liability of members of the board of
 1-2     directors of a public facility corporation.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 3.028, Public Facility Corporation Act
 1-5     (Article 717s, Revised Statutes), is amended to read as follows:
 1-6           Sec. 3.028.  BOARD OF DIRECTORS.  (a)  A corporation's
 1-7     affairs are governed by a board of directors composed of at least
 1-8     three individuals appointed by the sponsor's governing body.
 1-9     Directors may be divided into classes.
1-10           (b)  The director serves for a term of not more than six
1-11     years.  The terms of directors of different classes may be of
1-12     different lengths.
1-13           (c)  A director holds office for the term to which the
1-14     director is appointed and until a successor is appointed and has
1-15     qualified.
1-16           (d)  The sponsor's governing body may remove a director for
1-17     cause or at any time without cause.
1-18           (e)  A director serves without compensation but is entitled
1-19     to reimbursement for actual expenses incurred in the performance of
1-20     duties under this chapter.
1-21           (f)  A corporation and the board of directors of the
1-22     corporation are subject to the open meetings law, Chapter 551,
1-23     Government Code [271, Acts of the 60th Legislature, Regular
1-24     Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes)],
 2-1     and the open records law, Chapter 552, Government Code [424, Acts
 2-2     of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
 2-3     Vernon's Texas Civil Statutes)].
 2-4           (g)  The members of the board of directors of the corporation
 2-5     are granted the same immunities from liability as are granted to
 2-6     members of the governing body of the sponsor of the corporation
 2-7     under Texas law.
 2-8           SECTION 2.  This Act takes effect September 1, 1999.
 2-9           SECTION 3.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.