BILL ANALYSIS

H.B. 2259

By: Moody

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, the office of a member of a governing body of certain municipalities may be considered vacant if the member is absent from three regular consecutive meetings of the governing body, unless certain conditions regarding the absence apply. However, concerned parties have pointed to a possible loophole in the law that may still hinder the work of a governing body at its meetings.  The concerns are based on instances in which, for various reasons, particular members in certain municipalities attend a meeting but then leave before any business can be transacted. H.B. 2259 seeks to address this concern by revising the circumstances under which a vacancy on the governing board occurs in certain municipalities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2259 amends the Local Government Code to specify that a member of a governing body of a Type A general-law municipality is considered absent for purposes of considering the member's office vacant if the member is not present at the adjournment of a meeting at which a quorum is established, unless the member is first allowed to withdraw by the unanimous vote of the members present.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.