By:  Whitmire                                         S.B. No. 1606
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the appointment of the presiding officer and directors
 1-2     of the board of certain venue districts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 335.034, Local Government Code, is
 1-5     amended to read as follows:
 1-6           Sec. 335.034.  OFFICERS.  Except as provided by Section
 1-7     335.035, the [The] presiding officer is designated as provided by
 1-8     the concurrent order.  The board shall designate from the members
 1-9     of the board a secretary and other officers the board considers
1-10     necessary.
1-11           SECTION 2.  Subchapter C, Chapter 335, Local Government Code,
1-12     is amended by adding Section 335.035 to read as follows:
1-13           Sec. 335.035.  ADDITIONAL REQUIREMENTS FOR BOARD OF DISTRICT
1-14     CREATED BY POPULOUS MUNICIPALITY AND COUNTY.  (a)  This section
1-15     applies only to the board of a district located whole or part in a
1-16     county with a population of 2.8 million or more.
1-17           (b)  The board is composed of one presiding officer and an
1-18     even number of directors.  The mayor of the municipality and the
1-19     county commissioners court each shall appoint an equal number of
1-20     directors under the orders creating the district and Section
1-21     335.031.  An appointment of a director by the mayor must be
1-22     confirmed by a majority vote of the governing body of the
1-23     municipality.
1-24           (c)  The mayor, with the confirmation by a majority vote of
 2-1     the governing body of the municipality, and the county
 2-2     commissioners court shall appoint a presiding officer by concurrent
 2-3     orders on or before the 30th day after the date a vacancy occurs in
 2-4     the presiding officer's position.  The presiding officer serves for
 2-5     a two-year term.
 2-6           (d)  If the mayor of the municipality and the county
 2-7     commissioners court fail to agree on the appointment of a presiding
 2-8     officer, the board shall appoint, from the district's directors, a
 2-9     presiding officer by a majority vote at the first board meeting
2-10     that follows the 30-day period described by Subsection (c).  The
2-11     confirmation requirement of Subsection (c) does not apply to an
2-12     appointment of a presiding officer under this subsection.
2-13           (e)  A presiding officer appointed under Subsection (d) shall
2-14     resign as a director before serving as presiding officer.  The
2-15     director vacancy is filled by the mayor, with confirmation by a
2-16     majority vote of the governing body of the municipality, if the
2-17     mayor appointed the director or by the county commissioners court
2-18     if the commissioners court appointed the director.  The mayor or
2-19     the county commissioners court shall make the appointment for the
2-20     vacant position under this section and Section 335.031.  The
2-21     appointed director serves for the remainder of the vacated term.
2-22           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-23           (b)  The change in law made by this Act applies only to an
2-24     appointment under Section 335.035, Local Government Code, as added
2-25     by this Act, of a director or presiding officer to the board of a
2-26     venue district on or after the effective date of this Act.  An
 3-1     appointment of a director or presiding officer to the board of a
 3-2     venue district before the effective date of this Act is governed by
 3-3     the law in effect immediately before the effective date, and that
 3-4     law is continued in effect for that purpose.
 3-5           SECTION 4.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended.