Sec. 5007.205.  APPOINTMENT OF CHAIR; TERM.  (a)  The City of Houston mayor and city council and the Harris County Commissioners Court shall jointly appoint the chair of the port commission in January of odd-numbered years.  The term of the chair expires on February 1 of each odd-numbered year.
(b)  If the mayor, city council, and commissioners court do not make an appointment within the period specified by this section, the governor shall appoint the chair of the port commission with the advice and consent of the senate.  The governor may appoint the chair only if the original appointing entities fail to make an appointment within the period described by this section, and any subsequent appointment must be made by the appointing entities.
(c)  The person appointed as the chair of the port commission must comply with the qualifications described by Section 61.160, Water Code.
(d)  On the second Monday of January in each odd-numbered year, the City of Houston mayor and city council, the Harris County commissioners, and the Harris County judge shall hold a joint meeting to appoint the chair of the port commission at the headquarters of the authority.
(e)  In the meeting held under Subsection (d):
(1)  each city council member and the mayor shall have one vote; and
(2)  each county commissioner and the county judge shall have the mixed-fraction number of votes equal to the sum of the number of city council members plus the mayor divided by the sum of the number of county commissioners plus the county judge.
(f)  The presence of individuals with a majority of the total potential votes is required to establish a quorum at the meeting.  A separate quorum from each group, representing the city and the county, is not required.  The chair must be appointed by at least a majority of the total potential votes, in any combination.
(g)  In the event of a tie, the city council, mayor, county commissioners, and county judge have three calendar days to deliberate, convene a meeting, and revote.  The period may be extended to allow for compliance with Chapter 551, Government Code, as it applies to the notice requirement for an open meeting.  If a second vote results in a tie:
(1)  the office of the chair of the port commission is considered an open position and the person serving as the chair is not eligible for reappointment to fill the position; and
(2)  the governor shall appoint the chair as provided by Subsection (b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.