By: Cain, Shapiro S.B. No. 408
2001S0087/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of directors of regional tollway
1-3 authorities.
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) The commissioners courts of those counties of the
1-13 authority that contain an operating turnpike project as provided by
1-14 Subsection (d) shall appoint two additional directors, as follows:
1-15 (1) if only one county of the authority contains an
1-16 operating turnpike project, the commissioners court of that county
1-17 shall appoint both additional directors;
1-18 (2) if two counties of the authority contain an
1-19 operating turnpike project, the commissioners courts of those
1-20 counties shall each appoint one additional director; and
1-21 (3) if more than two counties of the authority contain
1-22 an operating turnpike project, the commissioners courts of those
1-23 counties shall each appoint one additional director on a rotating
1-24 basis according to a schedule agreed on under concurrent
1-25 resolutions adopted by the commissioners courts of not less than
2-1 three-quarters of the counties of the authority.
2-2 (d) A county contains an operating turnpike project for the
2-3 purposes of Subsection (c) if, on the effective date of an
2-4 appointment made under Subsection (c), a portion of a turnpike
2-5 project located in that county is open for use by the traveling
2-6 public.
2-7 (e) Directors shall be divided into two groups. To the
2-8 greatest degree possible, each group shall contain an equal number
2-9 of directors. Directors shall serve terms of two years, except
2-10 that one group of directors of the initial board of an authority
2-11 shall serve for a term of one year. The terms of the directors
2-12 appointed under Subsection (c) shall begin and end concurrently.
2-13 (f) The [(d) Two directors appointed by the governor must
2-14 have resided in a county of the authority for at least one year
2-15 before the person's appointment. One] director appointed by the
2-16 governor must have resided outside the counties of the authority
2-17 but in a county adjacent to a county of the authority for at least
2-18 one year before the person's appointment. Each director appointed
2-19 by a commissioners court under Subsection (b) must have resided in
2-20 that county for at least one year before the person's appointment.
2-21 Each director appointed by a commissioners court under Subsection
2-22 (c) must have resided in a county of the authority for at least one
2-23 year before the person's appointment.
2-24 (g) [(e)] All appointments to the board shall be made
2-25 without regard to disability, sex, religion, age, or national
2-26 origin[. In making appointments under this section, the governor
3-1 shall attempt to create a board that is representative of the
3-2 diversity of the authority].
3-3 (h) [(f)] An elected official is not eligible to serve as a
3-4 director.
3-5 (i) [(g)] A vacancy in a position shall be filled promptly
3-6 by the entity that made the appointment.
3-7 (j) [(h)] Each director has equal status and may vote.
3-8 (k) [(i)] The board of an authority shall select one
3-9 director as the presiding officer of the board to serve in that
3-10 capacity until the person's term as a director expires. The board
3-11 shall elect one director as assistant presiding officer. The board
3-12 shall select a secretary and treasurer, neither of whom need be a
3-13 director.
3-14 (l) [(j)] The vote of a majority attending a board meeting
3-15 is necessary for any action taken by the board. If a vacancy
3-16 exists on a board, the majority of directors serving on the board
3-17 is a quorum.
3-18 SECTION 2. Subsection (a), Section 366.254, Transportation
3-19 Code, is amended to read as follows:
3-20 (a) It is a ground for removal of a director from the board
3-21 if the director:
3-22 (1) did not have at the time of appointment the
3-23 qualifications required by Section 366.251(f) [366.251(d)];
3-24 (2) whether at the time of appointment or at any time
3-25 during the director's term, is ineligible under Section 366.251(h)
3-26 [366.251(f)] or 366.252 to serve as a director;
4-1 (3) cannot discharge the director's duties for a
4-2 substantial part of the term for which the director is appointed
4-3 because of illness or disability; or
4-4 (4) is absent from more than half of the regularly
4-5 scheduled board meetings that the director is eligible to attend
4-6 during a calendar year.
4-7 SECTION 3. This Act takes effect immediately if it receives
4-8 a vote of two-thirds of all the members elected to each house, as
4-9 provided by Section 39, Article III, Texas Constitution. If this
4-10 Act does not receive the vote necessary for immediate effect, this
4-11 Act takes effect September 1, 2001.