1-1     By:  Whitmire                                         S.B. No. 1606
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 9, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     April 9, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1606                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the appointment of the presiding officer and directors
1-11     of the board of certain venue districts.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 335.034, Local Government Code, is
1-14     amended to read as follows:
1-15           Sec. 335.034.  OFFICERS.  Except as provided by Section
1-16     335.035, the [The] presiding officer is designated as provided by
1-17     the concurrent order.  The board shall designate from the members
1-18     of the board a secretary and other officers the board considers
1-19     necessary.
1-20           SECTION 2.  Subchapter C, Chapter 335, Local Government Code,
1-21     is amended by adding Section 335.035 to read as follows:
1-22           Sec. 335.035.  ADDITIONAL REQUIREMENTS FOR BOARD OF DISTRICT
1-23     CREATED BY POPULOUS MUNICIPALITY AND COUNTY.  (a)  This section
1-24     applies only to the board of a district located whole or part in a
1-25     county with a population of 2.8 million or more.
1-26           (b)  The board is composed of one presiding officer and an
1-27     even number of directors.  The mayor of the municipality and the
1-28     county commissioners court each shall appoint an equal number of
1-29     directors under the orders creating the district and Section
1-30     335.031.  An appointment of a director by the mayor must be
1-31     confirmed by a majority vote of the governing body of the
1-32     municipality.
1-33           (c)  The mayor, with the confirmation by a majority vote of
1-34     the governing body of the municipality, and the county
1-35     commissioners court shall appoint a presiding officer by concurrent
1-36     orders on or before the 30th day after the date a vacancy occurs in
1-37     the presiding officer's position.  The presiding officer serves for
1-38     a two-year term.
1-39           (d)  If the mayor of the municipality and the county
1-40     commissioners court fail to agree on the appointment of a presiding
1-41     officer, the board shall appoint, from the district's directors, a
1-42     presiding officer by a majority vote at the first board meeting
1-43     that follows the 30-day period described by Subsection (c).  The
1-44     confirmation requirement of Subsection (c) does not apply to an
1-45     appointment of a presiding officer under this subsection.
1-46           (e)  A presiding officer appointed under Subsection (d) shall
1-47     resign as a director before serving as presiding officer.  The
1-48     director vacancy is filled by the mayor, with confirmation by a
1-49     majority vote of the governing body of the municipality, if the
1-50     mayor appointed the director or by the county commissioners court
1-51     if the commissioners court appointed the director.  The mayor or
1-52     the county commissioners court shall make the appointment for the
1-53     vacant position under this section and Section 335.031.  The
1-54     appointed director serves for the remainder of the vacated term.
1-55           SECTION 3.  (a)  This Act takes effect September 1, 1999.
1-56           (b)  The change in law made by this Act applies only to an
1-57     appointment under Section 335.035, Local Government Code, as added
1-58     by this Act, of a director or presiding officer to the board of a
1-59     venue district on or after the effective date of this Act.  An
1-60     appointment of a director or presiding officer to the board of a
1-61     venue district before the effective date of this Act is governed by
1-62     the law in effect immediately before the effective date, and that
1-63     law is continued in effect for that purpose.
1-64           SECTION 4.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended.
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