79R5075 ESH-D

By:  Rose                                                         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 policy board member is considered to be a 
local public official for purposes of Chapter 171, 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 on or after 
September 1, 2005.  An action taken by a member of the policy board 
of a metropolitan planning organization 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.