By Davis of Dallas H.B. No. 1718
77R5507 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of the directors of a regional tollway
1-3 authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 366.251, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 366.251. BOARD OF DIRECTORS. (a) An authority is
1-8 governed by a board of directors.
1-9 (b) The commissioners court of each county of the authority
1-10 shall appoint one director to serve on the board. The governor
1-11 shall appoint one director [three directors] to serve on the board.
1-12 (c) In addition to directors appointed by a commissioners
1-13 court under Subsection (b), the commissioners courts of those
1-14 counties of the authority in which all or part of a turnpike
1-15 project is located and open for use by the traveling public shall
1-16 appoint two additional directors as follows:
1-17 (1) if the open turnpike project is located entirely
1-18 in one county, the commissioners court of that county shall appoint
1-19 the two additional directors;
1-20 (2) if the open turnpike project is located in two
1-21 counties of the authority, the commissioners court of each county
1-22 shall appoint one of the additional directors; or
1-23 (3) if the open turnpike project is located in more
1-24 than two counties, the commissioners court of each county in which
2-1 the project is located shall appoint one additional director on a
2-2 rotating basis and in accordance with a schedule agreed to and
2-3 approved by concurrent resolutions adopted by the commissioners
2-4 courts of at least three-fourths of the counties of the authority.
2-5 (d) Directors shall be divided into two groups. To the
2-6 greatest degree possible, each group shall contain an equal number
2-7 of directors. Directors shall serve terms of two years, except
2-8 that one group of directors of the initial board of an authority
2-9 shall serve for a term of one year.
2-10 (e) The [(d) Two directors appointed by the governor must
2-11 have resided in a county of the authority for at least one year
2-12 before the person's appointment. One] director appointed by the
2-13 governor must have resided in a county outside the authority that
2-14 is adjacent to a county of the authority for at least one year
2-15 before the person's appointment. Each director appointed by a
2-16 commissioners court under Subsection (b) must have resided in that
2-17 county for at least one year before the person's appointment. Each
2-18 director appointed by a commissioners court under Subsection (c)
2-19 must have resided in a county of the authority for at least one
2-20 year before the person's appointment.
2-21 (f) [(e)] All appointments to the board shall be made
2-22 without regard to disability, sex, religion, age, or national
2-23 origin. [In making appointments under this section, the governor
2-24 shall attempt to create a board that is representative of the
2-25 diversity of the authority.]
2-26 (g) [(f)] An elected official is not eligible to serve as a
2-27 director.
3-1 (h) [(g)] A vacancy in a position shall be filled promptly
3-2 by the entity that made the appointment.
3-3 (i) [(h)] Each director has equal status and may vote.
3-4 (j) [(i)] The board of an authority shall select one
3-5 director as the presiding officer of the board to serve in that
3-6 capacity until the person's term as a director expires. The board
3-7 shall elect one director as assistant presiding officer. The board
3-8 shall select a secretary and treasurer, neither of whom need be a
3-9 director.
3-10 (k) [(j)] The vote of a majority attending a board meeting
3-11 is necessary for any action taken by the board. If a vacancy
3-12 exists on a board, the majority of directors serving on the board
3-13 is a quorum.
3-14 SECTION 2. Section 366.254(a), Transportation Code, is
3-15 amended to read as follows:
3-16 (a) It is a ground for removal of a director from the board
3-17 if the director:
3-18 (1) did not have at the time of appointment the
3-19 qualifications required by Section 366.251(e) [366.251(d)];
3-20 (2) whether at the time of appointment or at any time
3-21 during the director's term, is ineligible under Section 366.251(g)
3-22 [366.251(f)] or 366.252 to serve as a director;
3-23 (3) cannot discharge the director's duties for a
3-24 substantial part of the term for which the director is appointed
3-25 because of illness or disability; or
3-26 (4) is absent from more than half of the regularly
3-27 scheduled board meetings that the director is eligible to attend
4-1 during a calendar year.
4-2 SECTION 3. (a) This Act takes effect September 1, 2001.
4-3 (b) A director of a regional tollway authority appointed by
4-4 the governor, whose term expires on or before September 1, 2001,
4-5 continues to serve until that director's replacement is appointed
4-6 under Section 366.251, Transportation Code, as amended by this Act.
4-7 (c) As soon as practicable after the effective date of this
4-8 Act, the commissioners court of the applicable county or counties
4-9 shall appoint one director to the board of directors of a regional
4-10 tollway authority under Section 366.251, Transportation Code, as
4-11 amended by this Act.