Suspending limitations on conference committee
jurisdiction, S.B. No. 287
By: Ellis S.R. No. 982
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rule 12.03(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) Senate Rules 12.03(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) Senate Rules 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2003, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate