HBA-MPA C.S.S.B. 1606 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1606
By: Whitmire
Urban Affairs
5/17/1999
Committee Report (Substituted)




BACKGROUND AND PURPOSE 

Currently, the directors of a sports and community venue district are
appointed by the mayors or county judges, or both.  C.S.S.B. 1606
establishes conditions regarding municipal governing body confirmation of
appointments to a sports and community venue district board. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 335.031(c), Local Government Code, to authorize
the appointing person, rather than mayor or county judge, to remove a
director at any time without cause. 

SECTION 2.  Amends Section 335.034, Local Government Code, to make a
conforming change. 

SECTION 3.  Amends Subchapter C, Chapter 335, Local Government Code, by
adding Section 335.035, as follows: 

Sec. 335.035.  ADDITIONAL REQUIREMENTS FOR BOARD OF  DISTRICT CREATED IN
POPULOUS COUNTY. (a) Provides that this section applies only to the board
of a sports and community venue district located  in whole or in part in a
county with a population of 2.4 million or more.  

(b) Requires the mayor of each municipality and the county commissioners
court of each county that created the district to appoint an equal number
of directors in accordance with the orders creating the district and
Section 335.031 (Composition and Appointment of Board).  Provides that an
appointment of a director by a mayor must be confirmed by a majority vote
of the governing body of the municipality. 

(c) Requires the mayors of the municipalities and the commissioners courts
by concurrent orders to appoint a presiding officer of the board on or
before the 30th day after the date on which either the two year term
expires or a vacancy occurs in the presiding officer's position. Provides
that the appointment of the presiding officer by the mayor must be
confirmed by a majority vote of the governing body of each municipality.
Provides that the presiding officer serves for a two-year term.  

(d) Requires the board of directors to appoint from the directors a
presiding officer by majority vote, if a presiding officer cannot be agreed
upon between the mayors and the commissioners courts, at the first board
meeting after the prescribed 30-day period. Provides that the confirmation
requirement of Subsection (c) does not apply to an appointment of a
presiding officer under this subsection.  

(e) Requires a presiding officer appointed under Subsection (d) to resign
as a director before serving as a presiding officer.  Provides that the
vacancy created by the resignation  is filled by the authority that
appointed the director.   Provides that an appointed director serves for
the remainder of the vacated term. 

(f) Provides that Section 335.031(b) does not apply to a district located
in a county with a population of 2.4 million or more.  

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1606 differs from the original bill in the caption "relating to
the board of directors for sports and community venue districts in certain
populous counties" rather than "relating to the appointment of the
presiding officer and directors of the board of certain venue districts." 

C.S.S.B. 1606 differs from the original bill by adding a new SECTION 1
(Section 335.031(c), Local Government Code), to authorize the appointing
person, rather than mayor or county judge, to remove a director at any time
without cause. 

The substitute redesignates SECTIONS 1-4 of the original bill as SECTIONS
2-5. 

C.S.S.B. 1606 differs from the original bill in SECTION 3 (proposed Section
335.035, Local Government Code), as follows: 

The substitute changes the title from "Additional Requirements for Board of
District Created by Populous Municipality and County," in the original
bill, to "Additional Requirements for Board of District Created in Populous
County." 

The substitute, in proposed Subsection (a), provides that this section
applies to a county with a population of 2.4 million or more, rather than
2.8 million or more, in the original bill. 

The substitute, in proposed Subsection (b), removes a provision in the
original bill setting forth the composition of the board of a sports and
community venue district (board), and makes a nonsubstantive change.  The
substitute adds language clarifying that the board can be made up of more
than one municipality or county in proposed Subsections (b), (c), (d), and
(e).  The substitute modifies proposed Subsection (c) to specify that a new
presiding officer must be appointed within 30 days the two-year term of
office expires or a vacancy occurs. 

The substitute, in proposed Subsection (e), removes a provision requiring
the mayor or commissioners court to make the appointment for a vacant
director's position, resulting from a director's resignation to become
presiding officer, under this section and Section 335.031.  Instead, the
substitute provides that the vacancy be filled by the authority that
appointed the director. 

The substitute adds a new Subsection (f), as follows:

(f) Provides that Section 335.031(b) does not apply to a district located
in a county with a population of 2.4 million or more.