By: Dunnam H.B. No. 2701
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Texas Transportation Commission,
the creation of the commissioner of transportation as an elected
statutory state officer and the commissioner's power and duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.003, Transportation Code, is amended
to read as follows:
Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A
reference in law to the State Highway Department, Texas Highway
Department, or State Department of Highways and Public
Transportation means the Texas Department of Transportation.
(b) A reference in law to the State Highway Commission, [or]
State Highway and Public Transportation Commission, or Texas
Transportation Commission means the commissioner of transportation
[Texas Transportation Commission].
(c) A reference in law to the State Highway Engineer, [or]
State Engineer-Director for Highways and Public Transportation, or
[means] the director of the Texas Department of Transportation
means the commissioner of transportation.
(d) [A reference in law to the commissioner of
transportation means the chair of the commission.
Department of Transportation to take an action shall be construed
to authorize the commissioner of transportation to take that action
[to a member of the commission means a commissioner].
SECTION 2. Subchapter B, Chapter 201, Transportation Code,
is amended to read as follows:
SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION]
Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The
commissioner is elected for a term of four years [Texas
Transportation Commission consists of five members appointed by the
governor with the advice and consent of the senate].
(b) A person is not eligible for election as commissioner
if, at any time during the five-year period immediately preceding
the person's election, a [The members shall be appointed to reflect
the diverse geographic regions and population groups of this state.
One member must reside in a rural area.
[(c) Each member of the commission must represent the
general public.
[(d) Except as provided by Subsection (e), a person is not
eligible for appointment as a member of the commission if the]
person or the person's spouse:
(1) was [is] employed by or participated
[participates] in the management of a business entity or other
organization that is regulated by or receives funds from the
department;
organization that is regulated by or receives funds from the
department;
(2) directly or indirectly owned or controlled [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) used or received [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) was [is] registered, certified, or licensed by the
department;[.]
(5) was an [(f) An] officer, employee, or paid
consultant of a Texas trade association in the field of road
construction or maintenance, aviation, or outdoor advertising or a
Texas trade association of automobile dealers; or [may not be a
member of the commission.
(g) The spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of road
construction or maintenance, aviation, or outdoor advertising or a
Texas association of automobile dealers may not be a member of the
commission.]
(6) was [(h) A person] required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the department [may not serve as a
member of the commission].
(c) A vacancy in the office of commissioner of
transportation is filled by election by the legislature. The
legislature fills a vacancy by the vote of each house sitting
separately. A person is elected as commissioner of transportation
by the legislature if the person receives a majority of the votes
cast in each house for the person's election. [(i) Appointments to
the commission shall be made without regard to race, color,
disability, sex, religion, age, or national origin of the
appointees and shall reflect the diversity of the population of the
state as a whole.
(d) [(j)] In this section, "Texas trade association" means
a nonprofit, cooperative, and voluntarily joined association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(e) The commissioner is a successor to the Texas
Transportation Commission for all purposes, including for the
purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III,
Texas Constitution.
Sec. 201.052. CERTAIN DUTIES. [TERMS. Members of the
commission serve staggered six-year terms, with the terms of either
one or two members expiring February 1 of each odd-numbered year.
[Sec. 201.053. CHAIR OF THE COMMISSION. (a) The governor
periodically shall designate one commissioner as the chair of the
commission, who shall serve as presiding officer of the commission.
[(b)] The commissioner [chair] shall:
(1) [preside over [commission] meetings, make rulings
on motions and points of order, and determine the order of business;
(2)] represent the department in dealing with the
governor;
(2) [(3)] report to the governor on the state of
affairs of the department at least quarterly;
(3) [(4)] [report to the commission the governor's
suggestions for department operations;
(5)] report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(4) [(6)] periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor[, the commission], the standing, special,
and joint committees of each house of the legislature with
jurisdiction over the department, and the Legislative Budget Board;
(5) [(7)] designate one or more employees of the
department as a civil rights division of the department and receive
regular reports from the division on the department's efforts to
comply with civil rights legislation and administrative rules;
(6) [(8) create subcommittees, appoint commissioners
to subcommittees, and receive the reports of subcommittees to the
commission as a whole;
[(9)] appoint a deputy commissioner to act in the
commissioner's [chair's] absence; and
(7) [(10)] serve as the department's [departmental]
liaison with the governor and the Office of State-Federal Relations
to maximize federal funding for transportation.
[Sec. 201.054. COMMISSION MEETINGS. The commission shall
hold regular meetings at least once a month and special meetings at
the call of the chair. Commissioners shall attend the meetings of
the commission. The chair shall oversee the preparation of an
agenda for each meeting and ensure that a copy is provided to each
commissioner at least seven days before the meeting.]
Sec. 201.055 [201.0545]. RECOMMENDATIONS TO LEGISLATURE.
(a) The commissioner [commission] shall consider ways in which the
department's operations may be improved and may periodically report
to the legislature concerning potential statutory changes that
would improve the operation of the department.
(b) The commissioner [On behalf of the commission, the
chair] shall report to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding officers
of the standing, special, and joint committees of each house of the
legislature with jurisdiction over the department [relevant
legislative committees] on legislative recommendations adopted by
the commissioner [commission] and relating to the operation of the
department.
Sec. 201.056 [201.056]. COMPENSATION. The commissioner [A
member of the commission] is entitled to compensation as provided
by the General Appropriations Act. If compensation for the
commissioner [members] is not provided by that Act, the
commissioner [each member] is entitled to compensation equal to
one-half of the compensation paid to the governor [reimbursement
for actual and necessary expenses incurred in performing functions
as a member of the commission].
Sec. 201.057 [201.057]. GROUNDS FOR REMOVAL. [(a)] It is a
ground for removal [from the commission] if the [a] commissioner:
(1) does not have at the time of election
[appointment] or maintain during service as commissioner [on the
commission] the qualifications required by Section 201.051;
(2) violates a prohibition provided by Section
201.051; or
(3) cannot discharge the commissioner's duties for a
substantial part of the term for which the commissioner is elected
or appointed because of illness or disability[; or
[(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner is eligible to
attend during a calendar year, unless the absence is excused by
majority vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commissioner exists.
(c) If the director knows that a potential ground for
removal exists, the director shall notify the chair of the
commission of the ground, and the chair shall notify the governor
and the attorney general that a potential ground for removal
exists. If the potential ground for removal relates to the chair,
the director shall notify another commissioner, who shall notify
the governor and the attorney general that a potential ground for
removal exists.]
Sec. 201.058. INFORMATION ON QUALIFICATIONS AND CONDUCT.
The department shall provide to the members of the commission, as
often as necessary, information concerning the members'
qualifications for office under Subchapter B and their
responsibilities under applicable laws relating to standards of
conduct for state officers.
Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
RELATING TO DEPARTMENT. (a) To be eligible to take office as a
member of the commission, a person appointed to the commission must
complete at least one course of a training program that complies
with this section.
(b) The training program must provide information to the
person regarding:
(1) this subchapter;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the commission.]
SECTION 3. Sections 201.201 and 201.202, Transportation
Code, are amended to read as follows:
Sec. 201.201. GOVERNANCE OF DEPARTMENT. The [commission
governs the Texas Department of Transportation] department is under
the direction of the commissioner, who is responsible for
exercising the powers and performing the duties assigned to the
department by this code or other law.
Sec. 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The
commissioner [commission] shall organize the department into
divisions to accomplish the department's functions and the duties
assigned to it, including divisions for:
(1) aviation;
(2) highways and roads;
(3) public transportation; [and]
(4) motor vehicle titles and registration; and
(5) rail transportation.
(b) The person designated by the commissioner [director] to
supervise the division responsible for highways and roads must be a
registered professional engineer experienced and skilled in
highway construction and maintenance.
[(c) In appointing a person to supervise a function
previously performed by the former State Department of Highways and
Public Transportation, Texas Department of Aviation, or Texas
Turnpike Authority, preference shall be given to a person employed
in a similar position in that former agency.]
SECTION 4. Subchapter E, Chapter 201, Transportation Code,
is amended to read as follows:
[SUBCHAPTER E. DIRECTOR]
Sec. 201.053 [201.301]. [EXECUTIVE DIRECTOR. (a) The
commission shall elect an executive director for the department.
The director must be a registered professional engineer in this
state and experienced and skilled in transportation planning,
development, construction, and maintenance.
[(b) The director serves at the will of the commission.
[(d) The director shall:
[(1) serve the commission in an advisory capacity,
without vote; and
[(2) submit to the commission, quarterly, annually,
and biennially, detailed reports of the progress of public road
construction, detailed reports of public and mass transportation
development, and detailed statements of expenditures.
[(e) The director is entitled to actual expenses for and
related to travel away from Austin in performance of the director's
duties under the direction of the commission.
[Sec. 201.302.] STATE ROAD MAP. The commissioner
[director] shall make, regularly revise, and keep in a form
convenient for examination in the office of the department a
complete road map of the state that shows road construction in the
counties.
Sec. 201.054 [201.303]. USE OF UNIVERSITY LABORATORIES FOR
ANALYZING MATERIALS. The commissioner [director] may use
laboratories maintained at Texas A&M University and The University
of Texas to test and analyze road and bridge material. Persons in
charge of the laboratories shall cooperate with and assist the
commissioner [director] with those tests and analyses.
SECTION 5. Section 504.401(d), Transportation Code, is
amended to read as follows:
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) a justice of the supreme court;
(5) a judge of the court of criminal appeals;
(6) the attorney general;
(7) the commissioner of the General Land Office;
(8) the comptroller;
(9) a member of the Railroad Commission of Texas;
(10) the commissioner of agriculture;
(11) the commissioner of transportation;
(12) the secretary of state; or
(13) [(12)] a member of the State Board of Education.
SECTION 6. 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) commissioner of transportation;
(8) railroad commissioner;
(9) [(8)] chief justice, supreme court;
(10) [(9)] justice, supreme court;
(11) [(10)] presiding judge, court of criminal
appeals;
(12) [(11)] judge, court of criminal appeals.
SECTION 7. Section 223.105, Transportation Code, is
repealed.
SECTION 8. (a) On the effective date of this Act:
(1) The Texas Transportation Commission and the office
of executive director of the Texas Department of Transportation are
abolished.
(2) The members of the Texas Transportation Commission
and the executive director of the Texas Department of
Transportation do not continue in office.
(3) The members of the Texas Transportation Commission
and the executive director of the Texas Department of
Transportation serving on the effective date of this Act are not
entitled to any further compensation or reimbursement of actual and
necessary expenses incurred in the performance of their duties that
are incurred after the effective date of this Act.
(b) The first commissioner of transportation elected under
the changes in law made by this Act shall be elected at the general
election held in November 2010 to serve for a term that begins
January 1, 2011.
(c) Until the first commissioner of transportation elected
under this Act takes office, the governor may not make an
appointment to fill a vacancy in the office of commission of
transportation. The legislature shall elect the initial
commissioner of transportation by the vote of each house sitting
separately. A person is elected as commissioner of transportation
by the legislature if the person receives a majority of the votes
cast in each house for the person's election. A person's election
is not void if the person is elected before the effective date of
this Act.
(d) If, on January 1, 2011, there is a vacancy in the new
office of commissioner of transportation created under this Act
because the first commissioner of transportation-elect has died or
refuses or is permanently unable to serve, the legislature shall
elect a commissioner in the manner provided under Subsection (c).
(e) The commissioner of transportation succeeds to all
powers, duties, rights, and obligations of the Texas Transportation
Commission, and the abolition of the Texas Transportation
Commission does not affect the validity of any right, duty,
decision, rule, or action of any kind taken by or under the
authority of the commission.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.