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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the governing body of certain |
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metropolitan rapid 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), (c), (d), and (f) and adding |
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Subsection (e-1) to 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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(c) Notwithstanding Subsection (e-1), if [If] less than 50 |
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percent of the population of the principal county, excluding the |
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population of the principal municipality, reside in the authority, |
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the board has two additional members. |
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(d) Notwithstanding Subsection (e-1), if [If] 50 percent or |
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more but less than 75 percent of the population of the principal |
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county, excluding the population of the principal municipality, |
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reside in the authority, the board has four additional members. |
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(e-1) If the population of the principal county is greater |
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than four million, 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), (d-1), and |
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(d-2) to read as follows: |
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(a) Except as provided by Subsections (d) and (d-1), 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 fails to make an appointment to fill a vacancy in certain |
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board positions on or before 45 days after the date the vacancy was |
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created, appointment to the position shall be made by a substitute |
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appointing entity as 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 appointed under Section |
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451.502(e)(2), the board member is appointed by a panel composed of |
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the mayors of the municipalities in the authority, excluding the |
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mayor of the principal municipality, and the county judges of the |
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counties having unincorporated area in the authority, excluding the |
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county judge of the principal county. |
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(d-1) If a substitute appointing entity fails to make an |
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appointment required under Subsection (d) on or before 90 days |
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after the date on which the vacancy was created, appointment to the |
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position shall be made by the governor, with the advice and consent |
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of the senate. |
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(d-2) Subsections (d) and (d-1) apply only to an authority |
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described by Section 451.501(e) or (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) or (e-1) serve staggered two-year terms. In such an |
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authority: |
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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 Subsection (b) and adding Subsection (e) to read as |
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follows: |
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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) or (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) or (e-1) may not exceed 45 days. If |
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a qualified successor is not appointed during the 45-day holdover |
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period, the position is vacated and subject to appointment under |
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Section 451.504(d). A holdover board member who is not reappointed |
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during the 45-day holdover period is ineligible for appointment to |
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the position. |
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SECTION 5. (a) This section applies only to the governing |
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body of a metropolitan rapid transit authority described by Section |
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451.501(e), Transportation Code, or Section 451.501(e-1), |
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Transportation Code, as added by this Act. |
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(b) Notwithstanding any contrary provision of Subchapter K, |
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Chapter 451, Transportation Code: |
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(1) a member of a governing body who is serving on the |
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effective date of this Act, other than a member serving as a |
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holdover pending appointment of a successor, is, except as provided |
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by Subdivision (2) of this subsection, reappointed to the member's |
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position as follows: |
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(A) except as provided by Paragraph (B) of this |
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subdivision, a member whose term ends in an even-numbered year is |
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reappointed to a term expiring October 1, 2016, and a member whose |
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term ends in an odd-numbered year is reappointed to a term expiring |
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October 1, 2017; and |
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(B) a member serving as presiding officer of the |
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body is reappointed to a term expiring October 1, 2017; and |
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(2) a member of a governing body, including a |
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presiding officer, who has served eight years or more on the body |
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before the effective date of this Act is ineligible to serve on the |
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body on or after that date, and any such member's position is |
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vacated. |
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SECTION 6. The change in law made by this Act applies to a |
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member of a metropolitan rapid transit authority appointed before, |
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on, or after the effective date of this Act. |
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SECTION 7. 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. |