80R5766 JRJ-D

By: Talton H.B. No. 1813

A BILL TO BE ENTITLED

AN ACT

relating to requiring that members of the governing board of certain metropolitan rapid transit authorities be elected officials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 451.502, Transportation Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1) to read as follows:

(a) The five board members under Section 451.501(a)(1) are appointed by the governing body of the principal municipality, except in an authority having a principal municipality with a population of more than 1.2 million, the five board members are elected by a majority of the qualified voters voting in a municipal election held for that purpose [appointed by the mayor of the principal municipality and are subject to confirmation by the governing body of the principal municipality].

(c) In an authority in which the principal municipality has a population of less than 1.2 million and having two additional members, the additional members are appointed as follows:

(1) one member appointed by a panel composed of:

(A) the mayors of the municipalities in the authority, excluding the mayor of the principal municipality; and

(B) the county judges of the counties having unincorporated area in the authority, excluding the county judge of the principal county; and

(2) one member appointed by the commissioners court of the principal county.

(c-1) In an authority in which the principal municipality has a population of more than 1.2 million and having two additional members, the additional members shall be elected in a countywide election on the date of the general election for state and county officers.

SECTION 2. Section 451.504, Transportation Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) In an authority in which the principal municipality has a population of less than 1.2 million, a [A] vacancy on a board is filled by the person or entity that appointed the member who was in the position that is vacant. If confirmation of the previous position was required, confirmation of the vacancy appointment is required in the same manner.

(a-1) In an authority in which the principal municipality has a population of more than 1.2 million, a vacancy on the board shall be filled by appointment by the remaining board members until the next board election.

SECTION 3. Sections 451.506(a) and (b), Transportation Code, are amended to read as follows:

(a) A member of the board may be reappointed or reelected except as provided by this section.

(b) An individual may not serve more than eight years on the same board and may not be appointed or elected to a term for which service to the completion of the term would exceed this limitation. This subsection applies only to a board of an authority:

(1) in which the principal municipality has a population of more than 1.2 million or less than 300,000; or

(2) created before 1980 and in which the principal municipality has a population of less than 1.2 million.

SECTION 4. Sections 451.509(c) and (d), Transportation Code, are amended to read as follows:

(c) In an authority in which the principal municipality has a population of more than 750,000 and less than 1.2 million, a member of the board may be removed for any ground described by Section 451.510 by the person or entity that appointed the member. If the person who appointed the member is the mayor of the principal municipality, the removal is by recommendation of the mayor and confirmation by the municipality's governing body. If the member to be removed was appointed by the mayor of the principal municipality, the statement required by Section 451.511(a) shall be given by the mayor, and confirmation of removal by the governing body of the municipality is necessary.

(d) In an authority in which the principal municipality has a population of less than 750,000 [or more than 1.2 million], a general manager who has knowledge that a potential ground for removal applicable to a member of the authority's board exists shall notify the presiding officer of the board of the ground, and the presiding officer shall notify the person that appointed the member against whom the potential ground applies of the ground.

SECTION 5. Section 451.510, Transportation Code, is amended to read as follows:

Sec. 451.510. GROUNDS FOR REMOVAL FROM BOARD. The grounds for removal of a member of a board are:

(1) inefficiency in office;

(2) nonfeasance or malfeasance in office;

(3) not having at the time of election or appointment or not maintaining during service on the board the qualifications for office described by Section 451.507;

(4) a violation of Chapter 171, Local Government Code, or Section 451.112;

(5) the inability, because of illness or disability, to discharge the member's duties of office during a substantial part of the term for which the member is appointed; and

(6) absence, without having been excused by a majority vote of the board, from more than one-half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year.

SECTION 6. Section 451.513, Transportation Code, is amended by amending Subsections (b), (d), and (e) and adding Subsection (b-1) to read as follows:

(b) In an authority in which the principal municipality has a population of less than 1.2 million, the [The] entity that confirmed a board member, or if there is no confirmation, the entity that appointed a board member, shall take action under this section to remove the member or to reconfirm the member's appointment:

(1) on receipt of notice from the secretary of state that a valid recall petition was presented to the entity; or

(2) if the secretary of state fails to notify the entity as required by Subsection (d).

(b-1) In an authority in which the principal municipality has a population of more than 1.2 million, the authority shall order a recall election to remove the member or to reelect the member:

(1) on receipt of notice from the secretary of state that a valid recall petition was presented to the authority; or

(2) if the secretary of state fails to notify the authority as required by Subsection (d).

(d) After receiving a petition under this section the entity or authority shall send it to the secretary of state. The secretary of state shall, not later than the 10th day after the date the petition is received, determine whether the petition is valid and notify the entity of the determination.

(e) Not later than the 30th day after the date a member is removed under this section, the vacancy shall be filled as otherwise provided by this chapter, except that the individual removed by recall may not be reappointed or reelected to fill the vacancy. Beginning on the day after the date of the removal, the individual removed may not be appointed or reelected to any other position on the board for a period equal to the normal term of office for a board member.

SECTION 7. Section 451.516, Transportation Code, is amended to read as follows:

Sec. 451.516. INCREASE OF MEMBERSHIP: CONTINUITY. If the membership of a board is increased under Section 451.501, the board as constituted immediately before the increase may continue as the board of the authority until the additional members are appointed, or elected, and seated.

SECTION 8. (a) The change in law made by this Act regarding the composition of the governing body of a metropolitan rapid transit authority does not affect the entitlement of a member serving on the governing body of an authority immediately before the effective date of this Act to continue to serve and function as a member of the governing body for the remainder of the member's term.

(b) The change in law described by this section applies only to the appointment or election of a member to the governing body of a metropolitan rapid transit authority for a term that begins on or after the effective date of this Act.

SECTION 9. This Act takes effect September 1, 2007.