79R10826 ESH-D


By:  Rose                                                         H.B. No. 1036

Substitute the following for H.B. No. 1036:                                   

By:  Hamric                                                   C.S.H.B. No. 1036



A BILL TO BE ENTITLED

AN ACT

relating to conflicts of interest of policy board members of 
metropolitan planning organizations; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 472, Transportation Code, 
is amended to read as follows:

SUBCHAPTER D.  METROPOLITAN PLANNING ORGANIZATIONS
	Sec. 472.031.  DEFINITIONS.  In this subchapter:                        
		(1)  "Metropolitan planning organization" means a 
metropolitan planning organization designated or redesignated 
under 23 U.S.C. Section 134.
		(2)  "Policy board" means the policy board of a 
metropolitan planning organization.
	Sec. 472.032.  VOTING PROXIES BY POLICY BOARD MEMBERS.  (a)  
A policy board [of a metropolitan planning organization designated 
or redesignated under 23 U.S.C. Section 134] may provide in its 
bylaws for appointment of voting proxies by its members.
	(b)  A proxy appointed under Subsection (a):                                   
		(1)  acts on behalf of and under the supervision of the 
policy board member who appointed the proxy;
		(2)  must be appointed in writing; and                                        
		(3)  is authorized to vote for the policy board member 
who appointed the proxy to the extent the member has given the proxy 
the member's voting power.
	Sec. 472.033.  APPLICABILITY OF CONFLICTS OF INTEREST LAW TO 
POLICY BOARD MEMBERS.  (a)  A policy board member is considered to 
be a local public official for purposes of Chapter 171, Local 
Government Code.
	(b)  If a policy board member must abstain from participation 
in a vote or decision under Section 171.004, Local Government Code, 
the member's proxy appointed under Section 472.032 may not 
participate in the vote or decision.
	(c)  The appointment of a proxy by a policy board member does 
not excuse the member from filing an affidavit required under 
Section 171.004, Local Government Code.
	SECTION 2.  Section 472.033, Transportation Code, as added 
by this Act, applies only to an action taken by a member of the 
policy board of a metropolitan planning organization, acting in 
person or by proxy, on or after September 1, 2005.  An action taken 
by a member of the policy board of a metropolitan planning 
organization, acting in person or by proxy, before September 1, 
2005, is subject to the law in effect on the date the action was 
taken, and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.