81R1388 MTB-D
By: Leibowitz H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to the membership of the Texas Transportation Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 201.051(a), (b), and (d),
Transportation Code, are amended to read as follows:
(a) The Texas Transportation Commission consists of 15
[five] members, with 14 members elected from geographic districts
and one member elected at large [appointed by the governor with the
advice and consent of the senate].
(b) The legislature shall, at its first regular session
after the publication of each United States decennial census,
reapportion the geographic districts described in Subsection (a).
The districts shall be substantially equal in population, according
to the most recent United States decennial census. The legislature
shall consider county lines, senatorial and representative
districts, and commissioners precincts in the reapportionment
process [members shall be appointed to reflect the diverse
geographic regions and population groups of this state. One member
must reside in a rural area].
(d) A [Except as provided by Subsection (e), a] person may
not serve [is not eligible for appointment] as a member of the
commission if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization that is regulated by or
receives funds from the department;
(2) directly or indirectly owns or controls more than
10 percent interest in a business entity or other organization that
is regulated by or receives funds from the department;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses; or
(4) is registered, certified, or licensed by the
department.
SECTION 2. Section 201.052, Transportation Code, is amended
to read as follows:
Sec. 201.052. TERMS. Members of the commission elected
from geographic districts serve two-year [staggered six-year]
terms, and the member elected at large serves a four-year term. The
[, with the] terms of the [either one or two] members expire January
[expiring February] 1 of an [each] odd-numbered year.
SECTION 3. Section 201.053(a), Transportation Code, is
amended to read as follows:
(a) The member of the commission elected at large is
[governor periodically shall designate one commissioner as] the
chair of the commission, who shall serve as presiding officer of the
commission.
SECTION 4. Section 52.092(c), Election Code, is amended to
read as follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) transportation commission, chair;
(8) transportation commissioner;
(9) railroad commissioner;
(10) [(8)] chief justice, supreme court;
(11) [(9)] justice, supreme court;
(12) [(10)] presiding judge, court of criminal
appeals;
(13) [(11)] judge, court of criminal appeals.
SECTION 5. Sections 201.051(c) and (i), Transportation
Code, are repealed.
SECTION 6. (a) The legislature shall first apportion the
geographic districts described in Section 201.051(a),
Transportation Code, as amended by this Act, at the 82nd
Legislature, Regular Session, 2011.
(b) The first members of the Texas Transportation
Commission elected under the changes in law made by this Act shall
be elected at the general election held in November 2012 to serve
for a term that begins January 1, 2013.
(c) Until the members of the Texas Transportation
Commission elected under this Act take office, the governor will
continue to appoint members to the Texas Transportation Commission
and those members shall, unless otherwise removed as provided by
law, continue in office under the prior law that governed the
composition of the Texas Transportation Commission, and that prior
law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.