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A BILL TO BE ENTITLED
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AN ACT
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relating to the governing body of certain metropolitan rapid |
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transit authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 451.501, Transportation Code, is amended |
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by amending Subsections (a) and (f) and adding Subsection (e-1) to |
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read as follows: |
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(a) Except as provided by Subsection (b), a board is |
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composed of: |
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(1) five members; and [plus] |
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(2) the number of additional members determined under |
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Subsection (c), (d), [or] (e), or (e-1). |
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(e-1) Notwithstanding Subsection (c), (d), or (e), if the |
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population of the principal county is greater than four million, |
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the board has six additional members. |
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(f) In this section and Sections [Section] 451.502 and |
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451.504, "principal county" means the county in which not less than |
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51 percent of the territory of the principal municipality is |
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located. |
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SECTION 2. Section 451.504, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (d), (e), (f), |
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and (g) to read as follows: |
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(a) Except as provided by Subsections (d) and (e), a [A] |
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vacancy on a board is filled by the person or entity that appointed |
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the member who was in the position that is vacant. If confirmation |
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of the previous position was required, confirmation of the vacancy |
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appointment is required in the same manner. |
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(d) If the appropriate appointing entity under Section |
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451.502 does not make an appointment to fill a vacancy on or before |
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the 45th day after the date the vacancy was created, a substitute |
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appointing entity shall appoint a person to the position as |
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follows: |
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(1) for a board position under Section 451.502(a), the |
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board member is appointed by the commissioners court of the |
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principal county; |
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(2) for a board position under Section 451.502(e)(1), |
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the board member is appointed by the mayor of the principal |
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municipality and subject to confirmation by the governing body of |
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the principal municipality; and |
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(3) for a board position under Section 451.502(e)(2), |
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the board member is appointed by a panel composed of: |
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(A) the mayors of municipalities in the |
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authority, excluding the mayor of the principal municipality; and |
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(B) the county judges of the counties having |
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unincorporated area in the authority, excluding the county judge of |
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the principal county. |
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(e) If a substitute appointing entity does not make an |
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appointment required under Subsection (d) on or before the 90th day |
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after the date on which the vacancy was created, the governor shall |
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appoint a person to the position, with the advice and consent of the |
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senate. |
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(f) A substitute appointing entity and the governor may not |
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appoint a person to a position under Subsection (d) or (e), as |
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appropriate, in which the person was serving immediately before the |
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vacancy. |
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(g) Subsections (d), (e), and (f) apply only to an authority |
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described by Section 451.501(e-1). |
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SECTION 3. Section 451.505, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Board members of an authority described by Section |
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451.501(e-1) serve staggered two-year terms as follows: |
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(1) of the five board members appointed under Section |
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451.502(a), three members serve terms expiring October 1 of each |
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odd-numbered year and two members serve terms expiring October 1 of |
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each even-numbered year; |
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(2) of the two board members appointed under Section |
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451.502(e)(1), one member serves a term expiring October 1 of each |
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odd-numbered year and one member serves a term expiring October 1 of |
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each even-numbered year; |
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(3) of the three board members appointed under Section |
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451.502(e)(2), two members serve terms expiring October 1 of each |
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odd-numbered year and one member serves a term expiring October 1 of |
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each even-numbered year; and |
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(4) the board member appointed as presiding officer |
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under Section 451.502(e)(3) serves a term expiring October 1 of |
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each odd-numbered year. |
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SECTION 4. Section 451.506, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (e) to |
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read as follows: |
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(a) A member of the board may be reappointed except as |
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provided by Section 451.504(f) and this section. |
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(b) An individual may not serve more than eight years on the |
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same board and may not be appointed to a term for which service to |
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the completion of the term would exceed this limitation. This |
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subsection applies only to a board of an authority: |
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(1) in which the principal municipality has a |
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population of more than 1.9 million or less than 320,000; [or] |
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(2) created before 1980 and in which the principal |
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municipality has a population of less than 1.9 million; or |
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(3) described by Section 451.501(e-1). |
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(e) Holdover service by a board member of an authority |
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described by Section 451.501(e-1) may not exceed 45 days. |
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SECTION 5. (a) In this section, "board" means the governing |
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body of a rapid transit authority created under Chapter 451, |
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Transportation Code, or under former Chapter 141 (S.B. 642), Acts |
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of the 63rd Legislature, Regular Session, 1973 (Article 1118x, |
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Vernon's Texas Civil Statutes). |
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(b) On the effective date of this Act, a member of a board |
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described by Section 451.501(e-1), as added by this Act, other than |
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a holdover pending a reappointment of a successor, is reappointed |
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to the board for a new term as provided by this section unless |
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service to the completion of the term would cause the member to |
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violate the term limitation under Section 451.506(b), |
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Transportation Code, as amended by this Act. If so, the appropriate |
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appointing entity under Section 451.502, Transportation Code, |
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shall appoint a different person to the board. |
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(c) For reappointments and appointments to the board under |
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Subsection (b) of this section, the appropriate appointing entity |
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shall designate or appoint board members to serve terms expiring |
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October 1, 2015, or October 1, 2016, in accordance with Section |
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451.505, Transportation Code, as amended by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |