78R16871 JRD-D
Suspending limitations on conference committee
jurisdiction, S.B. 287 (Ellis/Chisum)
By: Chisum H.R. No. 1478
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 78th Legislature, Regular Session, 2003, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on Senate Bill No. 287, relating to
changing the composition of certain state agency governing bodies
with an even number of members to comply with the changes made to
Section 30a, Article XVI, Texas Constitution, to consider and take
action on the following matters:
(1) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add new text to Section 651.008(a), Government
Code, as added by the bill, so that Subsection (a) reads as follows:
(a) This section applies to the governing body of a state
board or commission or other state agency only if:
(1) by statute the governing body is composed of an
even number of voting members, the appointed members of whom serve
staggered six-year terms; and
(2) there is no provision of the Texas Constitution
under which the governing body is allowed to be composed in that
manner and serve staggered six-year terms.
Explanation: The added text is necessary to clarify in
Subsection (a)(2) that the length of the members' terms, as well as
the composition of the governing body, must comply with applicable
constitutional provisions.
(2) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add a new Section 651.0085, Government
Code, to the bill to read as follows:
Sec. 651.0085. CERTAIN UNCONSTITUTIONALLY COMPOSED
DISTRICTS AND AUTHORITIES WITH SIX-YEAR TERMS. (a) This section
applies only to the governing body of a district or authority
created under Section 52(b), Article III, Texas Constitution, or
Section 59, Article XVI, Texas Constitution, and only if:
(1) by law the governing body is composed of an even
number of voting members; and
(2) the elected or appointed members of the governing
body serve staggered six-year terms and the only provision of the
Texas Constitution under which the members of the governing body
are allowed to serve staggered six-year terms is Section 30a,
Article XVI.
(b) Section 651.008 does not apply to a district or
authority to which this section applies.
(c) Notwithstanding the terms of the enabling statute of the
district or authority that prescribes the number of members of the
governing body:
(1) if some or all of the members of the governing body
are appointed, the governor shall appoint an additional public or
at-large member, as applicable, to the governing body for an
initial term expiring on the date on which the terms of members of
the governing body whose terms are scheduled to expire between four
and six years after the date of the governor's appointment under
this subdivision expire; and
(2) if all of the members of the governing body are
elected, an additional public or at-large elected position, as
applicable, is created on the governing body and the governor shall
appoint the initial member to fill that position for an initial term
expiring on the first date on which members' terms expire following
the next election for members of the governing body.
(d) As soon as possible after it is determined that this
section applies to the governing body, the administrative head of
the district or authority shall inform of that fact:
(1) each appointing authority that by statute appoints
one or more members to the governing body;
(2) the governor and the presiding officer of each
house of the legislature;
(3) each standing committee of each house of the
legislature that under the rules of either house has jurisdiction
over legislative matters pertaining to the district or authority;
(4) the secretary of state, if the governing body is
subject to Subsection (c)(2), for purposes of allowing the
secretary of state to advise the district or authority on matters
relating to preclearance under the federal Voting Rights Act (42
U.S.C. Section 1973c et seq.); and
(5) the Legislative Reference Library for purposes of
including current information in the Texas Appointment System
database.
(e) If the governor appoints a member to the governing body
of the district or authority under Subsection (c)(1) and the
legislature does not, by law, make other arrangements for electing
or appointing a person to fill the position, the governor shall
continue to appoint a member to fill the position as vacancies in
the position occur and as a member's term in the position expires.
If the governor appoints a member to the governing body of the
district or authority under Subsection (c)(2) and the legislature
does not, by law, make other arrangements for electing or
appointing a person to fill the position, the position shall be
filled by election as vacancies in the position occur and as a
member's term in the position expires, except to the extent that the
enabling statute for the district or authority provides a different
method for filling vacancies on the governing body.
(f) After the initial term of a position created under this
section expires, the term of the position is six years.
Explanation: The added text is necessary to allow districts
and authorities created under Section 52(b), Article III, Texas
Constitution, or Section 59, Article XVI, Texas Constitution, such
as river authorities, that have a governing body composed of an even
number of members who serve staggered six-year terms and that
depend on Section 30a, Article XVI, Texas Constitution, for the
constitutional authority to have the members of the governing body
serve six-year terms, to come into compliance with the changes made
to Section 30a, Article XVI.
(3) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add text to the introductory language to
the SECTION of the bill adding Sections 651.008, 651.0085, and
651.009 to the Government Code so that the introductory language
reads as follows:
SECTION 50.01. Chapter 651, Government Code, is amended by
adding Sections 651.008, 651.0085, and 651.009 to read as follows:
Explanation: The added text is necessarily connected with
adding Section 651.0085, Government Code, to the bill.