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78R8041 JRJ-D
By: Krusee H.B. No. 3411
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors of an intermunicipal commuter
rail district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3, Article 6550c-1, Revised Statutes, is
amended by amending Subsections (b), (c), and (d), and by adding
Subsections (d-1), (i), (j), (k), and (l) to read as follows:
(b) The board is composed of the following members:
(1) [two public members appointed by the commission;
[(2)] one [elected] member appointed by [of] the
governing body of each municipality [political subdivision] that
has become a part of the district under Section 2(a) of this
article;
(2) [(3) one elected member appointed by the regional
planning organization of which a creating municipality is a part;
[(4) one member appointed by each creating
municipality to represent the business community of the
municipality;
[(5) one member appointed by each authority created
under Chapter 451, Transportation Code, that serves a creating
municipality;
[(6)] one member appointed by the commissioners court
of each county in which a creating municipality is located [to
represent transportation providers that provide service to rural
areas in the county];
(3) one additional member appointed by any creating
municipality that had an operating municipal commuter rail system
in existence at the time of formation of the intermunicipal
commuter rail district;
(4) three members appointed by the governor, one of
whom shall be named as the presiding officer of the board; and
(5) if necessary to maintain an odd number of members
on the board, one additional member appointed by the governor
[(7) one member appointed by all other board members
to represent all municipalities in the district that do not
otherwise have representation on the board and who shall be an
elected official of one of those municipalities].
(c) If a [A] vacancy occurs on the board, a successor shall
be appointed [is filled] in the same manner as the original
appointment to serve for the unexpired portion of the[. Each member
serves a] term [of two years].
(d) Members serve staggered terms of six years with the
terms of as near as possible to one-third of the members expiring on
February 1 of each odd-numbered year. [The members of the board
shall elect one member as presiding officer. The presiding officer
may select another member to preside in the absence of the presiding
officer.]
(d-1) One member appointed to the initial board of a
district by the commissioners court of a county shall be designated
by the court to serve a term of two years and one member appointed to
the initial board shall be designated to serve a term of four years.
If one or more members are subsequently appointed to the board, the
members other than the subsequent appointees shall determine the
length of the appointees' terms, to comply with Subsection (d).
(i) All appointments to the board shall be made without
regard to disability, sex, religion, age, or national origin.
(j) The following individuals are ineligible to serve as a
member:
(1) an elected official;
(2) a person who is not a resident of a county within
the geographic area of the district;
(3) a department employee;
(4) an employee of any governmental entity located
wholly or partly within the geographic boundaries of the district;
and
(5) a person owning an interest in real property that
will be acquired for a district project, if it is known at the time
of the person's proposed appointment that the property will be
acquired for the district project.
(k) Each member has equal status and may vote.
(l) The vote of a majority attending a board meeting is
necessary for any action taken by the board. If a vacancy exists on
a board, the majority of members serving on the board is a quorum.
SECTION 2. Article 6550c-1, Revised Statutes, is amended by
adding Sections 3A and 3B to read as follows:
Sec. 3A. PROHIBITED CONDUCT FOR MEMBERS AND EMPLOYEES. (a)
A member of the board or an employee of a district may not:
(1) accept or solicit any gift, favor, or service that
might reasonably tend to influence the member or employee in the
discharge of official duties or that the member or employee knows or
should know is being offered with the intent to influence the
member's or employee's official conduct;
(2) accept other employment or engage in a business or
professional activity that the member or employee might reasonably
expect would require or induce the member or employee to disclose
confidential information acquired by reason of the official
position;
(3) accept other employment or compensation that could
reasonably be expected to impair the member's or employee's
independence of judgment in the performance of the member's or
employee's official duties;
(4) make personal investments that could reasonably be
expected to create a substantial conflict between the member's or
employee's private interest and the interest of the district;
(5) intentionally or knowingly solicit, accept, or
agree to accept any benefit for having exercised the member's or
employee's official powers or performed the member's or employee's
official duties in favor of another; or
(6) have a personal interest in an agreement executed
by the district.
(b) A person is not eligible to serve as a member of the
board or as chief administrative officer of a district if the person
or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization, other than a
governmental entity, that is regulated by or receives funds from
the department;
(2) directly or indirectly owns or controls more than
a 10 percent interest in a business or other organization that is
regulated by or receives funds from the department;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department; or
(4) is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the department.
(c) A person is not eligible to serve as a member of the
board or as chief administrative officer of a district if the person
is an officer, employee, or paid consultant of a Texas trade
association in the field of road construction or maintenance,
public transportation, or aviation, or if the person's spouse is an
officer, manager, or paid consultant of a Texas trade association
in the field of road construction or maintenance, public
transportation, or aviation.
(d) In this section, "Texas trade association" means a
nonprofit, cooperative, and voluntarily joined association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(e) A person is eligible to serve as a member of the board or
as chief administrative officer of a district if the person has
received funds from the department for acquisition of highway
rights-of-way unless the acquisition was for a project of the
district.
Sec. 3B. SURETY BONDS. (a) Before beginning a term, each
member shall execute a surety bond in the amount of $25,000, and the
secretary and treasurer shall execute a surety bond in the amount of
$50,000.
(b) Each surety bond must be:
(1) conditioned on the faithful performance of the
duties of office;
(2) executed by a surety company authorized to
transact business in this state; and
(3) filed with the secretary of state's office.
(c) The district shall pay the expense of the bonds.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) This Act does not affect the term of a member of the
board of directors serving on the effective date of this Act.
Members appointed to fill vacancies occurring on or after the
effective date of this Act must be appointed in accordance with
Section 3, Article 6550c-1, Revised Statutes, as amended by this
Act.
SECTION 4. This Act does not prohibit a person who is a
member of an intermunicipal commuter rail district board before the
effective date of this Act from being appointed as a member of the
board under the new composition of the board of an intermunicipal
commuter rail district if the person has the qualifications
required for the position under Article 6550c-1, Revised Statutes,
as amended by this Act.