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.