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.
2-31 * * * * *