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79R3243 JRJ-D

By:  Riddle                                                       H.B. No. 847



A BILL TO BE ENTITLED

AN ACT

relating to the board of directors of a regional mobility 
authority.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 370.251, Transportation Code, is amended 
by amending Subsections (a), (b), (d), (e), and (f) and adding 
Subsections (a-1) and (b-1) to read as follows:
	(a)  The governing body of an authority is a board of 
directors consisting of:
		(1)  subject to Subsection (a-1), [representatives of 
each county in which a transportation project of the authority is 
located or is proposed to be located.  The commissioners court of 
each county that initially forms the authority shall appoint at 
least] two directors elected from each county that initially forms 
the authority; and
		(2)  one director elected from each [to the board.  
Additional directors may be appointed to the board at the time of 
initial formation by agreement of the counties creating the 
authority to ensure fair representation of political subdivisions 
in the counties of the authority that will be affected by a 
transportation project of the authority, provided that the number 
of directors must be an odd number.  The commissioners court of a] 
county that is subsequently added to the authority [shall appoint 
one director to the board.  The governor shall appoint one director 
to the board who shall serve as the presiding officer of the board 
and shall appoint an additional director to the board if an 
appointment is necessary to maintain an odd number of directors on 
the board].
	(a-1)  Before the election of initial directors, the 
commissioners courts of the creating counties by agreement may 
determine that additional representation is needed for certain 
creating counties to ensure:
		(1)  fair representation of a political subdivision 
that will be affected by an authority transportation project; and
		(2)  an odd number of directors on the board.                          
	(b)  Unless the commissioners courts of the counties of the 
authority unanimously agree otherwise, [the commissioners court 
of] each county of an authority that contains an operating 
transportation project of the authority shall elect [appoint] one 
additional director.
	(b-1)  Before the election of a director under Subsection 
(a)(2) or (b), the board by agreement shall determine the number of 
directors to be elected from each county as necessary to ensure an 
odd number of directors on the board.
	(d)  One director elected [appointed] to the initial board of 
an authority by [the commissioners court of] a county shall be 
designated by the commissioners court of the county to serve a term 
of two years and one director designated to serve a term of four 
years.  If one or more directors are subsequently elected
[appointed] to the board, the board [directors other than the 
subsequent appointees] shall determine the length of the 
subsequently elected directors' [appointees'] terms, to comply with 
Subsection (c).
	(e)  If a vacancy occurs on the board, the board shall order a 
special election to fill the vacancy [the appointing authority 
shall promptly appoint a successor to serve] for the remainder of 
the unexpired [portion of the] term.
	(f)  The board shall elect from among the directors one 
director as presiding officer.  The presiding officer may select 
another director to preside in the absence of the presiding 
officer. [All appointments to the board shall be made without 
regard to race, color, disability, sex, religion, age, or national 
origin.]
	SECTION 2.  (a)  This Act does not affect the term of a 
director serving on a regional mobility authority board on the 
effective date of this Act.  Directors elected to fill vacancies 
occurring on or after the effective date of this Act must be elected 
in accordance with Section 370.251, Transportation Code, as amended 
by this Act.
	(b)  This Act does not prohibit a person who is a director 
serving on a regional mobility authority board before the effective 
date of this Act from being elected as a director under the new 
composition of the board of a regional mobility authority if the 
person has the qualifications required for the position under 
Section 370.251, Transportation Code, as amended by this Act.
	SECTION 3.  This Act takes effect September 1, 2005.