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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1915 By: Fugate
AS INTRODUCED
An Act relating to the Oklahoma Tourism and
Recreation Commission; amending 74 O.S. 20 21,
Sections 2203, 2204 and 2206, which relate to t he
Oklahoma Tourism and Recreation Commission; removing
the Commission as an advisory body; transferring
duties to the Commission; modifying powers and duties
of Commission; authorizing Commission to appoint
Executive Director; providing for determination of
compensation by the Commission; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 2203, is
amended to read as follows:
Section 2203. A. The Oklahoma Tourism and Recreation
Commission shall be an advisory body to the Executive Director of
the Oklahoma Tourism and Recreation Department and shall consist of
eight (8) members who shall serve a term of six (6) years.
Effective January 14, 2019, all duties and powers of the Commission
shall be transferred to the Executive Director. Any provision in
statute that provides to the Commission authority that is not
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advisory in nature sha ll be deemed to grant the duty or power to the
Executive Director. No more than one Commission member shall be
from any one county. The Lieutenant Governor shall serv e as an ex
officio voting member of the Commission.
B. One member shall be appointed fr om each congressional
district, who shall be a resident and a qualified elector in the
district from which appointed, and the remaining members shall be
appointed from the state at large. If congressional districts are
redrawn each member appointed shall complete the current term of
office at which time a new app ointment shall be made in compliance
with the redrawn congressional district.
C. Commission members shall be appointed by the Governor, with
the advice and consent of the Senate , and shall serve at the
pleasure of the Governor . Commission members shall only be removed
from the Board by the Governor with cause. Whenever a vacancy on
the Commission occurs by dea th, resignation, or otherwise, the
Governor shall fill the same by appointment, with the advice and
consent of the Senate, and the appointee shall hold office during
the unexpired term. Each member shall hold office until a successor
has been appointed an d qualified. Five members of the Commission
shall constitute a quorum, and the vote of the majority of members
present shall be necessary for any action to be taken by the
Commission. No vacancy in the membership of the Commission shall
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impair the rights of a quorum to exercise and perform all the rights
and duties of the Commission.
D. With the exception of the ex officio, no member of the
Commission shall seek election to a federal, state, or county office
while serving on the Commission.
E. Each member of the Commission, before serving on the
Commission, shall take and subscribe to the constitutional and
statutory oaths of office and file said oaths with the Secretary of
State. Members of the Commission shall be reimbursed for travel
expenses to Commission meetings as provided in the State Travel
Reimbursement Act.
F. The Commission shall be organized by the Governor , who shall
appoint from the Commission the chair, the vice-chair, and the
secretary. The Commission is authorized and directed to adop t rules
pursuant to the provisions of the Administrativ e Procedures Act to
execute the powers and duties of the Commission and Department.
G. The Commission may meet monthly and shall meet at least
quarterly. The Commission may meet at such other times a s it deems
necessary for effectively performing its du ties and
responsibilities. Special meetings may be called by the Chair or by
any three members of the Commission. The meetings of the Commission
shall be subject to the Oklahoma Open Meeting Act.
H. The Commission is hereby declared to be a governmenta l
agency and instrumentality of the State of Oklahoma with authority
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to exercise, in addition to those powers it currently has, the
rights, privileges, and functions hereinafter specified.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 2204, is
amended to read as follows:
Section 2204. There are hereby granted to and imposed in the
Oklahoma Tourism and Recreation Department Commission, and in any
commission or body which may hereaf ter succeed to the powers,
rights, and duties of the Commission, the following additional
powers, rights and duties:
1. Sue and be sued;
2. Adopt, use, and alter an official se al;
3. Make bylaws for the management and regulation of its
affairs;
4. Appoint, prescribe the duties, and fix the compensation for
officers, agents, and employees;
5. Make contracts and execute instruments as in the judgm ent of
the Department Commission are necessary or convenient to the
exercise of the powers conferred upon it by law; and
6. Promulgate rules and policies necessary and convenient to
the exercise of the powers conferred upon it by law.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 2206, is
amended to read as follows:
Section 2206. The chief executive officer of the Oklahoma
Tourism and Recreation Department Commission shall be the Executive
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Director, who shall be appointed by the Governor, with the advice
and consent of the Senate, Commission and who shall serve at the
pleasure of the Governor and may be removed or replaced without
cause said Commission. The Executive Director shall be chosen with
regard to knowledge, training, expe rience, and ability to administer
the functions of the Department Commission. Compensation for the
The Commission shall establish the salary of the Executive Director
shall be determined pursuant to Section 3601.2 of this title .
SECTION 4. This act shall become effective November 1, 2023.
59-1-5501 JL 01/12/23