S.B. 892 78(R)    BILL ANALYSIS


S.B. 892
By: Bivins
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Currently, Texas law requires cities participating in a 911 Emergency
Communication District to appoint members to the Communication District
Board. Disagreement exists over whether the term "appointed jointly"
requires a unanimous decision on the part of the participating cities.
However, the 118th District Court ruled that "jointly appoint" means that
a majority vote would be needed to approve the member. S.B. 892 requires
an appointment to a board of managers that is made jointly by more than
one municipality or other entity to be made by majority vote of the
municipalities voting on the appointment.      

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1. Amends Section 772.306(c), (2) , Health and Safety Code, by
adding the language "the majority vote of" and "voting on the appointment
and" and striking the language "all" and "participating". 
       
SECTION 2. Makes application of the Act prospective.

SECTION 3. This Act takes effect immediately if it receives a vote of
two-thirds in each house. If not, the Act take effect September 1, 2003. 

EFFECTIVE DATE
This Act takes effect immediately if it receives a vote of two-thirds in
each house. If not, the Act take effect September 1, 2003.