76R16268 E
By Whitmire S.B. No. 1606
Substitute the following for S.B. No. 1606:
By Ehrhardt C.S.S.B. No. 1606
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the board of directors for sports and community venue
1-3 districts in certain populous counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 335.031(c), Local Government Code, is
1-6 amended to read as follows:
1-7 (c) Directors serve staggered two-year terms. A director
1-8 may be removed by the appointing person [mayor or county judge] at
1-9 any time without cause. Successor directors are appointed in the
1-10 same manner as the original appointees.
1-11 SECTION 2. Section 335.034, Local Government Code, is
1-12 amended to read as follows:
1-13 Sec. 335.034. OFFICERS. Except as provided by Section
1-14 335.035, the [The] presiding officer is designated as provided by
1-15 the concurrent order. The board shall designate from the members
1-16 of the board a secretary and other officers the board considers
1-17 necessary.
1-18 SECTION 3. Subchapter C, Chapter 335, Local Government Code,
1-19 is amended by adding Section 335.035 to read as follows:
1-20 Sec. 335.035. ADDITIONAL REQUIREMENTS FOR BOARD OF DISTRICT
1-21 CREATED IN POPULOUS COUNTY. (a) This section applies only to the
1-22 board of a district located in whole or in part in a county with a
1-23 population of 2.4 million or more.
2-1 (b) The mayor of each municipality and the commissioners
2-2 court of each county that create the district shall appoint an
2-3 equal number of directors in accordance with the orders creating
2-4 the district and Section 335.031. An appointment of a director by
2-5 a mayor must be confirmed by a majority vote of the governing body
2-6 of the municipality.
2-7 (c) The mayors of the municipalities and the commissioners
2-8 courts of the counties that create the district shall appoint a
2-9 presiding officer by concurrent orders on or before the 30th day
2-10 after the date on which either the two-year term of office expires
2-11 or a vacancy occurs in the presiding officer's position. The
2-12 appointment must be confirmed by a majority vote of the governing
2-13 body of each municipality. The presiding officer serves for a
2-14 two-year term.
2-15 (d) If the mayors and the commissioners courts fail to agree
2-16 on the appointment of a presiding officer under Subsection (c), the
2-17 board shall appoint, from the district's directors, a presiding
2-18 officer by a majority vote at the first board meeting that follows
2-19 the 30-day period described by Subsection (c). The confirmation
2-20 requirement of Subsection (c) does not apply to an appointment of a
2-21 presiding officer under this subsection.
2-22 (e) A presiding officer appointed under Subsection (d) shall
2-23 resign as a director before serving as presiding officer. The
2-24 vacancy created by the resignation is filled by the authority that
2-25 appointed the director. The appointed director serves for the
2-26 remainder of the vacated term.
2-27 (f) Section 335.031(b) does not apply to a district located
3-1 in a county with a population of 2.4 million or more.
3-2 SECTION 4. (a) This Act takes effect September 1, 1999.
3-3 (b) The change in law made by Section 335.035, Local
3-4 Government Code, as added by this Act, applies only to an
3-5 appointment of a director or presiding officer to the board of a
3-6 venue district on or after the effective date of this Act. An
3-7 appointment of a director or presiding officer to the board of a
3-8 venue district before the effective date of this Act is governed by
3-9 the law in effect immediately before the effective date, and that
3-10 law is continued in effect for that purpose.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.