1-1     By:  Cain, Shapiro                                     S.B. No. 408
 1-2           (In the Senate - Filed January 25, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     February 21, 2001, reported favorably by the following vote:  Yeas
 1-5     9, Nays 0; February 21, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the appointment of directors of regional tollway
 1-9     authorities.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 366.251, Transportation Code, is amended
1-12     to read as follows:
1-13           Sec. 366.251.  BOARD OF DIRECTORS.  (a)  An authority is
1-14     governed by a board of directors.
1-15           (b)  The commissioners court of each county of the authority
1-16     shall appoint one director to serve on the board.  The governor
1-17     shall appoint one director [three directors] to serve on the board.
1-18           (c)  The commissioners courts of those counties of the
1-19     authority that contain an operating turnpike project as provided by
1-20     Subsection (d) shall appoint two additional directors, as follows:
1-21                 (1)  if only one county of the authority contains an
1-22     operating turnpike project, the commissioners court of that county
1-23     shall appoint both additional directors;
1-24                 (2)  if two counties of the authority contain an
1-25     operating turnpike project, the commissioners courts of those
1-26     counties shall each appoint one additional director; and
1-27                 (3)  if more than two counties of the authority contain
1-28     an operating turnpike project, the commissioners courts of those
1-29     counties shall each appoint one additional director on a rotating
1-30     basis according to a schedule agreed on under concurrent
1-31     resolutions adopted by the commissioners courts of not less than
1-32     three-quarters of the counties of the authority.
1-33           (d)  A county contains an operating turnpike project for the
1-34     purposes of Subsection (c) if, on the effective date of an
1-35     appointment made under Subsection (c), a portion of a turnpike
1-36     project located in that county is open for use by the traveling
1-37     public.
1-38           (e)  Directors shall be divided into two groups.  To the
1-39     greatest degree possible, each group shall contain an equal number
1-40     of directors.  Directors shall serve terms of two years, except
1-41     that one group of directors of the initial board of an authority
1-42     shall serve for a term of one year.  The terms of the directors
1-43     appointed under Subsection (c) shall begin and end concurrently.
1-44           (f)  The [(d)  Two directors appointed by the governor must
1-45     have resided in a county of the authority for at least one year
1-46     before the person's appointment.  One] director appointed by the
1-47     governor must have resided outside the counties of the authority
1-48     but in a county adjacent to a county of the authority for at least
1-49     one year before the person's appointment.  Each director appointed
1-50     by a commissioners court under Subsection (b) must have resided in
1-51     that county for at least one year before the person's appointment.
1-52     Each director appointed by a commissioners court under Subsection
1-53     (c) must have resided in a county of the authority for at least one
1-54     year before the person's appointment.
1-55           (g) [(e)]  All appointments to the board shall be made
1-56     without regard to disability, sex, religion, age, or national
1-57     origin[.  In making appointments under this section, the governor
1-58     shall attempt to create a board that is representative of the
1-59     diversity of the authority].
1-60           (h) [(f)]  An elected official is not eligible to serve as a
1-61     director.
1-62           (i) [(g)]  A vacancy in a position shall be filled promptly
1-63     by the entity that made the appointment.
1-64           (j) [(h)]  Each director has equal status and may vote.
 2-1           (k) [(i)]  The board of an authority shall select one
 2-2     director as the presiding officer of the board to serve in that
 2-3     capacity until the person's term as a director expires.  The board
 2-4     shall elect one director as assistant presiding officer.  The board
 2-5     shall select a secretary and treasurer, neither of whom need be a
 2-6     director.
 2-7           (l) [(j)]  The vote of a majority attending a board meeting
 2-8     is necessary for any action taken by the board.  If a vacancy
 2-9     exists on a board, the majority of directors serving on the board
2-10     is a quorum.
2-11           SECTION 2.  Subsection (a), Section 366.254, Transportation
2-12     Code, is amended to read as follows:
2-13           (a)  It is a ground for removal of a director from the board
2-14     if the director:
2-15                 (1)  did not have at the time of appointment the
2-16     qualifications required by Section 366.251(f) [366.251(d)];
2-17                 (2)  whether at the time of appointment or at any time
2-18     during the director's term, is ineligible under Section 366.251(h)
2-19     [366.251(f)] or 366.252 to serve as a director;
2-20                 (3)  cannot discharge the director's duties for a
2-21     substantial part of the term for which the director is appointed
2-22     because of illness or disability; or
2-23                 (4)  is absent from more than half of the regularly
2-24     scheduled board meetings that the director is eligible to attend
2-25     during a calendar year.
2-26           SECTION 3.  This Act takes effect immediately if it receives
2-27     a vote of two-thirds of all the members elected to each house, as
2-28     provided by Section 39, Article III, Texas Constitution.  If this
2-29     Act does not receive the vote necessary for immediate effect, this
2-30     Act takes effect September 1, 2001.
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