Texas 2009 - 81st Regular

Texas House Bill HB1231 Compare Versions

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Old	New	Differences
1	1	81R23518 MTB-D
2	2	By: Farabee, Swinford, Smithee, Strama, H.B. No. 1231
3	3	Crownover, et al.
4	4	Substitute the following for H.B. No. 1231:
5	5	By: Farabee C.S.H.B. No. 1231
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to providing that the Railroad Commission of Texas is
11	11	governed by a single railroad commissioner.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 6444, Revised Statutes, is amended to
14	14	read as follows:
15	15	Art. 6444. TERMS DEFINED; REFERENCES IN LAW. (a) The
16	16	term "Commission" as used in this title means the Railroad
17	17	Commission of Texas, and the term "commissioner" ["Commissioners"]
18	18	means the railroad commissioner [members of the Railroad Commission
19	19	of Texas].
20	20	(b) In this title, a reference to the commissioners or to
21	21	the members of the Commission is considered to be a reference to the
22	22	railroad commissioner. In any state statute, a reference to the
23	23	railroad commissioners or to the members of the Railroad Commission
24	24	of Texas is considered to be a reference to the railroad
25	25	commissioner.
26	26	SECTION 2. Article 6447, Revised Statutes, is amended to
27	27	read as follows:
28	28	Art. 6447. THE COMMISSIONER [COMMISSION]. (a)
29	29	Election.--The Railroad Commission of Texas is governed by the
30	30	railroad commissioner, who shall be [composed of three members, one
31	31	of whom shall be] elected [biennially] at a [each] general election
32	32	for a term of four [six] years.
33	33	(b) Qualifications.--The commissioner [members] shall be a
34	34	resident citizen [citizens] of this State, and a qualified voter
35	35	[voters] under the Constitution and laws, and not less than
36	36	twenty-five years of age. The commissioner is [members are]
37	37	subject to the provisions of Chapter 572, Government Code, that
38	38	apply to elected officers, including the requirements governing
39	39	personal financial statements, standards of conduct, and conflicts
40	40	of interest.
41	41	(c) Oath, etc.--Before entering upon the duties of [his]
42	42	office, the [each] commissioner shall take and subscribe to the
43	43	official oath and shall in addition thereto swear that the
44	44	commissioner [he] will to the best of the commissioner's [his]
45	45	ability faithfully and justly execute and enforce the provisions of
46	46	this title and all laws of this State under the jurisdiction of the
47	47	Commission [concerning railroads], which oath shall be filed with
48	48	the Secretary of State.
49	49	(d) Seal [Organization].--The commissioner [commissioners
50	50	shall elect one of their number chairman. They may make all rules
51	51	necessary for their government and proceedings. They] shall be
52	52	known [collectively] as the "railroad commissioner" ["Railroad
53	53	Commission of Texas,"] and shall have a seal, a star of five points
54	54	with the words "Railroad Commission of Texas" engraved thereon.
55	55	The commissioner [They] shall be furnished necessary furniture,
56	56	stationery, supplies and all necessary expenses, to be paid for on
57	57	the order of the Governor.
58	58	(e) Expenses.--The commissioner [Commissioners] shall
59	59	receive from the State [their] necessary traveling expenses while
60	60	traveling on the business of the Commission, which shall include
61	61	the cost only of transportation while traveling on business for the
62	62	Commission, upon an itemized statement thereof, sworn to by the
63	63	commissioner [party who incurred the expense, and approved by the
64	64	Commission]. Employees of the Commission are entitled to
65	65	reimbursement for expenses incurred in traveling on the business of
66	66	the Commission as provided by the General Appropriations Act.
67	67	[Sessions.--The Commission may hold its sessions at any place
68	68	in this State when deemed necessary.]
69	69	SECTION 3. Section 81.001(2), Natural Resources Code, is
70	70	amended to read as follows:
71	71	(2) "Commissioner" means [any member of] the railroad
72	72	commissioner [Railroad Commission of Texas].
73	73	SECTION 4. Subchapter A, Chapter 81, Natural Resources
74	74	Code, is amended by adding Section 81.002 to read as follows:
75	75	Sec. 81.002. REFERENCES IN LAW. A reference in law to the
76	76	chair or presiding officer of the Railroad Commission of Texas or to
77	77	a member of the Railroad Commission of Texas means the
78	78	commissioner.
79	79	SECTION 5. This Act takes effect January 1, 2013, but only
80	80	if the constitutional amendment proposed by the 81st Legislature,
81	81	Regular Session, 2009, providing that the Railroad Commission of
82	82	Texas will be governed by a single elected railroad commissioner
83	83	instead of by an elected three-member commission is approved by the
84	84	voters. If that amendment is not approved by the voters, this Act
85	85	has no effect.