HBA-NMO C.S.H.B. 236 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 236
By: Krusee
Urban Affairs
3/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Legislation enacted by the 75th Texas Legislature changed the board
composition of certain metropolitan transit authorities.  As a result, a
situation has arisen in Austin's Capital Metropolitan Transit Authority
(CapMetro) whereby the Municipal Utility District of Wells Branch could
cast a vote for the Williamson County representative on the CapMetro board
even though no part of Wells Branch that lies in Williamson County also
lies within the CapMetro service district.  Wells Branch currently has
representation on the board through the Travis County board member.
C.S.H.B.  236 amends language to remedy this situation.  This bill also
provides that the provisions relating to the composition of the board still
apply if the principal city of a metropolitan transit authority changes its
electoral process.    

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 451.5021, Transportation Code, by amending
Subsection (b) and adding Subsection (g), as follows: 

(b) Provides that one member of the seven-member governing body of a rapid
transit authority (board) is appointed by a panel that, in addition to the
mayors and county judges in the service area, includes the presiding
officer of each municipal utility district (MUD) that has a majority of its
territory located outside the principal county and that is located wholly
or partly in the authority, rather than the presiding officer of each MUD
any portion of which is located outside the principal county. 

(g)  Provides that this section continues to apply only to a board in which
each member of the governing body of the principal municipality is elected
at large,  notwithstanding a change in the method of electing the members
of the governing body of the principal municipality. 

SECTION 2.  Emergency clause.
                       Effective date:  upon passage.


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  While the original stipulated that a qualifying municipal
utility district (MUD) has territory located wholly outside the principal
county, the substitute stipulates that a qualifying MUD has a majority of
its territory located outside the principal county.