Texas 2009 - 81st Regular

Texas House Bill HB2701 Compare Versions

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1	1	By: Dunnam H.B. No. 2701
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the abolition of the Texas Transportation Commission,
7	7	the creation of the commissioner of transportation as an elected
8	8	statutory state officer and the commissioner's power and duties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 201.003, Transportation Code, is amended
11	11	to read as follows:
12	12	Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A
13	13	reference in law to the State Highway Department, Texas Highway
14	14	Department, or State Department of Highways and Public
15	15	Transportation means the Texas Department of Transportation.
16	16	(b) A reference in law to the State Highway Commission, [or]
17	17	State Highway and Public Transportation Commission, or Texas
18	18	Transportation Commission means the commissioner of transportation
19	19	[Texas Transportation Commission].
20	20	(c) A reference in law to the State Highway Engineer, [or]
21	21	State Engineer-Director for Highways and Public Transportation, or
22	22	[means] the director of the Texas Department of Transportation
23	23	means the commissioner of transportation.
24	24	(d) [A reference in law to the commissioner of
25	25	transportation means the chair of the commission.
26	26	Department of Transportation to take an action shall be construed
27	27	to authorize the commissioner of transportation to take that action
28	28	[to a member of the commission means a commissioner].
29	29	SECTION 2. Subchapter B, Chapter 201, Transportation Code,
30	30	is amended to read as follows:
31	31	SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION]
32	32	Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The
33	33	commissioner is elected for a term of four years [Texas
34	34	Transportation Commission consists of five members appointed by the
35	35	governor with the advice and consent of the senate].
36	36	(b) A person is not eligible for election as commissioner
37	37	if, at any time during the five-year period immediately preceding
38	38	the person's election, a [The members shall be appointed to reflect
39	39	the diverse geographic regions and population groups of this state.
40	40	One member must reside in a rural area.
41	41	[(c) Each member of the commission must represent the
42	42	general public.
43	43	[(d) Except as provided by Subsection (e), a person is not
44	44	eligible for appointment as a member of the commission if the]
45	45	person or the person's spouse:
46	46	(1) was [is] employed by or participated
47	47	[participates] in the management of a business entity or other
48	48	organization that is regulated by or receives funds from the
49	49	department;
50	50	organization that is regulated by or receives funds from the
51	51	department;
52	52	(2) directly or indirectly owned or controlled [owns
53	53	or controls] more than 10 percent interest in a business entity or
54	54	other organization that is regulated by or receives funds from the
55	55	department;
56	56	(3) used or received [uses or receives] a substantial
57	57	amount of tangible goods, services, or funds from the department,
58	58	other than compensation or reimbursement authorized by law for
59	59	[commission membership, attendance, or] expenses; or
60	60	(4) was [is] registered, certified, or licensed by the
61	61	department;[.]
62	62	(5) was an [(f) An] officer, employee, or paid
63	63	consultant of a Texas trade association in the field of road
64	64	construction or maintenance, aviation, or outdoor advertising or a
65	65	Texas trade association of automobile dealers; or [may not be a
66	66	member of the commission.
67	67	(g) The spouse of an officer, manager, or paid
68	68	consultant of a Texas trade association in the field of road
69	69	construction or maintenance, aviation, or outdoor advertising or a
70	70	Texas association of automobile dealers may not be a member of the
71	71	commission.]
72	72	(6) was [(h) A person] required to register as a
73	73	lobbyist under Chapter 305, Government Code, because of the
74	74	person's activities for compensation on behalf of a profession
75	75	related to the operation of the department [may not serve as a
76	76	member of the commission].
77	77	(c) A vacancy in the office of commissioner of
78	78	transportation is filled by election by the legislature. The
79	79	legislature fills a vacancy by the vote of each house sitting
80	80	separately. A person is elected as commissioner of transportation
81	81	by the legislature if the person receives a majority of the votes
82	82	cast in each house for the person's election. [(i) Appointments to
83	83	the commission shall be made without regard to race, color,
84	84	disability, sex, religion, age, or national origin of the
85	85	appointees and shall reflect the diversity of the population of the
86	86	state as a whole.
87	87	(d) [(j)] In this section, "Texas trade association" means
88	88	a nonprofit, cooperative, and voluntarily joined association of
89	89	business or professional competitors in this state designed to
90	90	assist its members and its industry or profession in dealing with
91	91	mutual business or professional problems and in promoting their
92	92	common interest.
93	93	(e) The commissioner is a successor to the Texas
94	94	Transportation Commission for all purposes, including for the
95	95	purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III,
96	96	Texas Constitution.
97	97	Sec. 201.052. CERTAIN DUTIES. [TERMS. Members of the
98	98	commission serve staggered six-year terms, with the terms of either
99	99	one or two members expiring February 1 of each odd-numbered year.
100	100	[Sec. 201.053. CHAIR OF THE COMMISSION. (a) The governor
101	101	periodically shall designate one commissioner as the chair of the
102	102	commission, who shall serve as presiding officer of the commission.
103	103	[(b)] The commissioner [chair] shall:
104	104	(1) [preside over [commission] meetings, make rulings
105	105	on motions and points of order, and determine the order of business;
106	106	(2)] represent the department in dealing with the
107	107	governor;
108	108	(2) [(3)] report to the governor on the state of
109	109	affairs of the department at least quarterly;
110	110	(3) [(4)] [report to the commission the governor's
111	111	suggestions for department operations;
112	112	(5)] report to the governor on efforts, including
113	113	legislative requirements, to maximize the efficiency of department
114	114	operations through the use of private enterprise;
115	115	(4) [(6)] periodically review the department's
116	116	organizational structure and submit recommendations for structural
117	117	changes to the governor[, the commission], the standing, special,
118	118	and joint committees of each house of the legislature with
119	119	jurisdiction over the department, and the Legislative Budget Board;
120	120	(5) [(7)] designate one or more employees of the
121	121	department as a civil rights division of the department and receive
122	122	regular reports from the division on the department's efforts to
123	123	comply with civil rights legislation and administrative rules;
124	124	(6) [(8) create subcommittees, appoint commissioners
125	125	to subcommittees, and receive the reports of subcommittees to the
126	126	commission as a whole;
127	127	[(9)] appoint a deputy commissioner to act in the
128	128	commissioner's [chair's] absence; and
129	129	(7) [(10)] serve as the department's [departmental]
130	130	liaison with the governor and the Office of State-Federal Relations
131	131	to maximize federal funding for transportation.
132	132	[Sec. 201.054. COMMISSION MEETINGS. The commission shall
133	133	hold regular meetings at least once a month and special meetings at
134	134	the call of the chair. Commissioners shall attend the meetings of
135	135	the commission. The chair shall oversee the preparation of an
136	136	agenda for each meeting and ensure that a copy is provided to each
137	137	commissioner at least seven days before the meeting.]
138	138	Sec. 201.055 [201.0545]. RECOMMENDATIONS TO LEGISLATURE.
139	139	(a) The commissioner [commission] shall consider ways in which the
140	140	department's operations may be improved and may periodically report
141	141	to the legislature concerning potential statutory changes that
142	142	would improve the operation of the department.
143	143	(b) The commissioner [On behalf of the commission, the
144	144	chair] shall report to the governor, the lieutenant governor, the
145	145	speaker of the house of representatives, and the presiding officers
146	146	of the standing, special, and joint committees of each house of the
147	147	legislature with jurisdiction over the department [relevant
148	148	legislative committees] on legislative recommendations adopted by
149	149	the commissioner [commission] and relating to the operation of the
150	150	department.
151	151	Sec. 201.056 [201.056]. COMPENSATION. The commissioner [A
152	152	member of the commission] is entitled to compensation as provided
153	153	by the General Appropriations Act. If compensation for the
154	154	commissioner [members] is not provided by that Act, the
155	155	commissioner [each member] is entitled to compensation equal to
156	156	one-half of the compensation paid to the governor [reimbursement
157	157	for actual and necessary expenses incurred in performing functions
158	158	as a member of the commission].
159	159	Sec. 201.057 [201.057]. GROUNDS FOR REMOVAL. [(a)] It is a
160	160	ground for removal [from the commission] if the [a] commissioner:
161	161	(1) does not have at the time of election
162	162	[appointment] or maintain during service as commissioner [on the
163	163	commission] the qualifications required by Section 201.051;
164	164	(2) violates a prohibition provided by Section
165	165	201.051; or
166	166	(3) cannot discharge the commissioner's duties for a
167	167	substantial part of the term for which the commissioner is elected
168	168	or appointed because of illness or disability[; or
169	169	[(4) is absent from more than half of the regularly
170	170	scheduled commission meetings that the commissioner is eligible to
171	171	attend during a calendar year, unless the absence is excused by
172	172	majority vote of the commission.
173	173	(b) The validity of an action of the commission is not
174	174	affected by the fact that it is taken when a ground for removal of a
175	175	commissioner exists.
176	176	(c) If the director knows that a potential ground for
177	177	removal exists, the director shall notify the chair of the
178	178	commission of the ground, and the chair shall notify the governor
179	179	and the attorney general that a potential ground for removal
180	180	exists. If the potential ground for removal relates to the chair,
181	181	the director shall notify another commissioner, who shall notify
182	182	the governor and the attorney general that a potential ground for
183	183	removal exists.]
184	184	Sec. 201.058. INFORMATION ON QUALIFICATIONS AND CONDUCT.
185	185	The department shall provide to the members of the commission, as
186	186	often as necessary, information concerning the members'
187	187	qualifications for office under Subchapter B and their
188	188	responsibilities under applicable laws relating to standards of
189	189	conduct for state officers.
190	190	Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
191	191	RELATING TO DEPARTMENT. (a) To be eligible to take office as a
192	192	member of the commission, a person appointed to the commission must
193	193	complete at least one course of a training program that complies
194	194	with this section.
195	195	(b) The training program must provide information to the
196	196	person regarding:
197	197	(1) this subchapter;
198	198	(2) the programs operated by the department;
199	199	(3) the role and functions of the department;
200	200	(4) the rules of the department with an emphasis on the
201	201	rules that relate to disciplinary and investigatory authority;
202	202	(5) the current budget for the department;
203	203	(6) the results of the most recent formal audit of the
204	204	department;
205	205	(7) the requirements of the:
206	206	(A) open meetings law, Chapter 551, Government
207	207	Code;
208	208	(B) open records law, Chapter 552, Government
209	209	Code; and
210	210	(C) administrative procedure law, Chapter 2001,
211	211	Government Code;
212	212	(8) the requirements of the conflict of interest laws
213	213	and other laws relating to public officials; and
214	214	(9) any applicable ethics policies adopted by the
215	215	commission or the Texas Ethics Commission.
216	216	(c) A person appointed to the commission is entitled to
217	217	reimbursement for travel expenses incurred in attending the
218	218	training program, as provided by the General Appropriations Act and
219	219	as if the person were a member of the commission.]
220	220	SECTION 3. Sections 201.201 and 201.202, Transportation
221	221	Code, are amended to read as follows:
222	222	Sec. 201.201. GOVERNANCE OF DEPARTMENT. The [commission
223	223	governs the Texas Department of Transportation] department is under
224	224	the direction of the commissioner, who is responsible for
225	225	exercising the powers and performing the duties assigned to the
226	226	department by this code or other law.
227	227	Sec. 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The
228	228	commissioner [commission] shall organize the department into
229	229	divisions to accomplish the department's functions and the duties
230	230	assigned to it, including divisions for:
231	231	(1) aviation;
232	232	(2) highways and roads;
233	233	(3) public transportation; [and]
234	234	(4) motor vehicle titles and registration; and
235	235	(5) rail transportation.
236	236	(b) The person designated by the commissioner [director] to
237	237	supervise the division responsible for highways and roads must be a
238	238	registered professional engineer experienced and skilled in
239	239	highway construction and maintenance.
240	240	[(c) In appointing a person to supervise a function
241	241	previously performed by the former State Department of Highways and
242	242	Public Transportation, Texas Department of Aviation, or Texas
243	243	Turnpike Authority, preference shall be given to a person employed
244	244	in a similar position in that former agency.]
245	245	SECTION 4. Subchapter E, Chapter 201, Transportation Code,
246	246	is amended to read as follows:
247	247	[SUBCHAPTER E. DIRECTOR]
248	248	Sec. 201.053 [201.301]. [EXECUTIVE DIRECTOR. (a) The
249	249	commission shall elect an executive director for the department.
250	250	The director must be a registered professional engineer in this
251	251	state and experienced and skilled in transportation planning,
252	252	development, construction, and maintenance.
253	253	[(b) The director serves at the will of the commission.
254	254	[(d) The director shall:
255	255	[(1) serve the commission in an advisory capacity,
256	256	without vote; and
257	257	[(2) submit to the commission, quarterly, annually,
258	258	and biennially, detailed reports of the progress of public road
259	259	construction, detailed reports of public and mass transportation
260	260	development, and detailed statements of expenditures.
261	261	[(e) The director is entitled to actual expenses for and
262	262	related to travel away from Austin in performance of the director's
263	263	duties under the direction of the commission.
264	264	[Sec. 201.302.] STATE ROAD MAP. The commissioner
265	265	[director] shall make, regularly revise, and keep in a form
266	266	convenient for examination in the office of the department a
267	267	complete road map of the state that shows road construction in the
268	268	counties.
269	269	Sec. 201.054 [201.303]. USE OF UNIVERSITY LABORATORIES FOR
270	270	ANALYZING MATERIALS. The commissioner [director] may use
271	271	laboratories maintained at Texas A&M University and The University
272	272	of Texas to test and analyze road and bridge material. Persons in
273	273	charge of the laboratories shall cooperate with and assist the
274	274	commissioner [director] with those tests and analyses.
275	275	SECTION 5. Section 504.401(d), Transportation Code, is
276	276	amended to read as follows:
277	277	(d) In this section, "state official" means:
278	278	(1) a member of the legislature;
279	279	(2) the governor;
280	280	(3) the lieutenant governor;
281	281	(4) a justice of the supreme court;
282	282	(5) a judge of the court of criminal appeals;
283	283	(6) the attorney general;
284	284	(7) the commissioner of the General Land Office;
285	285	(8) the comptroller;
286	286	(9) a member of the Railroad Commission of Texas;
287	287	(10) the commissioner of agriculture;
288	288	(11) the commissioner of transportation;
289	289	(12) the secretary of state; or
290	290	(13) [(12)] a member of the State Board of Education.
291	291	SECTION 6. Section 52.092(c), Election Code, is amended to
292	292	read as follows:
293	293	(c) Statewide offices of the state government shall be
294	294	listed in the following order:
295	295	(1) governor;
296	296	(2) lieutenant governor;
297	297	(3) attorney general;
298	298	(4) comptroller of public accounts;
299	299	(5) commissioner of the General Land Office;
300	300	(6) commissioner of agriculture;
301	301	(7) commissioner of transportation;
302	302	(8) railroad commissioner;
303	303	(9) [(8)] chief justice, supreme court;
304	304	(10) [(9)] justice, supreme court;
305	305	(11) [(10)] presiding judge, court of criminal
306	306	appeals;
307	307	(12) [(11)] judge, court of criminal appeals.
308	308	SECTION 7. Section 223.105, Transportation Code, is
309	309	repealed.
310	310	SECTION 8. (a) On the effective date of this Act:
311	311	(1) The Texas Transportation Commission and the office
312	312	of executive director of the Texas Department of Transportation are
313	313	abolished.
314	314	(2) The members of the Texas Transportation Commission
315	315	and the executive director of the Texas Department of
316	316	Transportation do not continue in office.
317	317	(3) The members of the Texas Transportation Commission
318	318	and the executive director of the Texas Department of
319	319	Transportation serving on the effective date of this Act are not
320	320	entitled to any further compensation or reimbursement of actual and
321	321	necessary expenses incurred in the performance of their duties that
322	322	are incurred after the effective date of this Act.
323	323	(b) The first commissioner of transportation elected under
324	324	the changes in law made by this Act shall be elected at the general
325	325	election held in November 2010 to serve for a term that begins
326	326	January 1, 2011.
327	327	(c) Until the first commissioner of transportation elected
328	328	under this Act takes office, the governor may not make an
329	329	appointment to fill a vacancy in the office of commission of
330	330	transportation. The legislature shall elect the initial
331	331	commissioner of transportation by the vote of each house sitting
332	332	separately. A person is elected as commissioner of transportation
333	333	by the legislature if the person receives a majority of the votes
334	334	cast in each house for the person's election. A person's election
335	335	is not void if the person is elected before the effective date of
336	336	this Act.
337	337	(d) If, on January 1, 2011, there is a vacancy in the new
338	338	office of commissioner of transportation created under this Act
339	339	because the first commissioner of transportation-elect has died or
340	340	refuses or is permanently unable to serve, the legislature shall
341	341	elect a commissioner in the manner provided under Subsection (c).
342	342	(e) The commissioner of transportation succeeds to all
343	343	powers, duties, rights, and obligations of the Texas Transportation
344	344	Commission, and the abolition of the Texas Transportation
345	345	Commission does not affect the validity of any right, duty,
346	346	decision, rule, or action of any kind taken by or under the
347	347	authority of the commission.
348	348	SECTION 9. This Act takes effect immediately if it receives
349	349	a vote of two-thirds of all the members elected to each house, as
350	350	provided by Section 39, Article III, Texas Constitution. If this
351	351	Act does not receive the vote necessary for immediate effect, this
352	352	Act takes effect September 1, 2009.