| 1 | 1 | | 81R1388 MTB-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 12 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the membership of the Texas Transportation Commission. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 201.051(a), (b), and (d), |
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| 10 | 10 | | Transportation Code, are amended to read as follows: |
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| 11 | 11 | | (a) The Texas Transportation Commission consists of 15 |
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| 12 | 12 | | [five] members, with 14 members elected from geographic districts |
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| 13 | 13 | | and one member elected at large [appointed by the governor with the |
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| 14 | 14 | | advice and consent of the senate]. |
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| 15 | 15 | | (b) The legislature shall, at its first regular session |
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| 16 | 16 | | after the publication of each United States decennial census, |
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| 17 | 17 | | reapportion the geographic districts described in Subsection (a). |
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| 18 | 18 | | The districts shall be substantially equal in population, according |
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| 19 | 19 | | to the most recent United States decennial census. The legislature |
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| 20 | 20 | | shall consider county lines, senatorial and representative |
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| 21 | 21 | | districts, and commissioners precincts in the reapportionment |
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| 22 | 22 | | process [members shall be appointed to reflect the diverse |
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| 23 | 23 | | geographic regions and population groups of this state. One member |
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| 24 | 24 | | must reside in a rural area]. |
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| 25 | 25 | | (d) A [Except as provided by Subsection (e), a] person may |
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| 26 | 26 | | not serve [is not eligible for appointment] as a member of the |
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| 27 | 27 | | commission if the person or the person's spouse: |
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| 28 | 28 | | (1) is employed by or participates in the management |
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| 29 | 29 | | of a business entity or other organization that is regulated by or |
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| 30 | 30 | | receives funds from the department; |
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| 31 | 31 | | (2) directly or indirectly owns or controls more than |
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| 32 | 32 | | 10 percent interest in a business entity or other organization that |
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| 33 | 33 | | is regulated by or receives funds from the department; |
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| 34 | 34 | | (3) uses or receives a substantial amount of tangible |
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| 35 | 35 | | goods, services, or funds from the department, other than |
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| 36 | 36 | | compensation or reimbursement authorized by law for commission |
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| 37 | 37 | | membership, attendance, or expenses; or |
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| 38 | 38 | | (4) is registered, certified, or licensed by the |
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| 39 | 39 | | department. |
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| 40 | 40 | | SECTION 2. Section 201.052, Transportation Code, is amended |
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| 41 | 41 | | to read as follows: |
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| 42 | 42 | | Sec. 201.052. TERMS. Members of the commission elected |
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| 43 | 43 | | from geographic districts serve two-year [staggered six-year] |
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| 44 | 44 | | terms, and the member elected at large serves a four-year term. The |
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| 45 | 45 | | [, with the] terms of the [either one or two] members expire January |
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| 46 | 46 | | [expiring February] 1 of an [each] odd-numbered year. |
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| 47 | 47 | | SECTION 3. Section 201.053(a), Transportation Code, is |
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| 48 | 48 | | amended to read as follows: |
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| 49 | 49 | | (a) The member of the commission elected at large is |
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| 50 | 50 | | [governor periodically shall designate one commissioner as] the |
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| 51 | 51 | | chair of the commission, who shall serve as presiding officer of the |
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| 52 | 52 | | commission. |
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| 53 | 53 | | SECTION 4. Section 52.092(c), Election Code, is amended to |
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| 54 | 54 | | read as follows: |
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| 55 | 55 | | (c) Statewide offices of the state government shall be |
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| 56 | 56 | | listed in the following order: |
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| 57 | 57 | | (1) governor; |
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| 58 | 58 | | (2) lieutenant governor; |
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| 59 | 59 | | (3) attorney general; |
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| 60 | 60 | | (4) comptroller of public accounts; |
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| 61 | 61 | | (5) commissioner of the General Land Office; |
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| 62 | 62 | | (6) commissioner of agriculture; |
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| 63 | 63 | | (7) transportation commission, chair; |
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| 64 | 64 | | (8) transportation commissioner; |
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| 65 | 65 | | (9) railroad commissioner; |
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| 66 | 66 | | (10) [(8)] chief justice, supreme court; |
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| 67 | 67 | | (11) [(9)] justice, supreme court; |
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| 68 | 68 | | (12) [(10)] presiding judge, court of criminal |
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| 69 | 69 | | appeals; |
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| 70 | 70 | | (13) [(11)] judge, court of criminal appeals. |
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| 71 | 71 | | SECTION 5. Sections 201.051(c) and (i), Transportation |
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| 72 | 72 | | Code, are repealed. |
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| 73 | 73 | | SECTION 6. (a) The legislature shall first apportion the |
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| 74 | 74 | | geographic districts described in Section 201.051(a), |
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| 75 | 75 | | Transportation Code, as amended by this Act, at the 82nd |
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| 76 | 76 | | Legislature, Regular Session, 2011. |
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| 77 | 77 | | (b) The first members of the Texas Transportation |
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| 78 | 78 | | Commission elected under the changes in law made by this Act shall |
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| 79 | 79 | | be elected at the general election held in November 2012 to serve |
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| 80 | 80 | | for a term that begins January 1, 2013. |
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| 81 | 81 | | (c) Until the members of the Texas Transportation |
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| 82 | 82 | | Commission elected under this Act take office, the governor will |
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| 83 | 83 | | continue to appoint members to the Texas Transportation Commission |
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| 84 | 84 | | and those members shall, unless otherwise removed as provided by |
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| 85 | 85 | | law, continue in office under the prior law that governed the |
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| 86 | 86 | | composition of the Texas Transportation Commission, and that prior |
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| 87 | 87 | | law is continued in effect for that purpose. |
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| 88 | 88 | | SECTION 7. This Act takes effect September 1, 2009. |
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