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.
2-5 * * * * *