Texas 2009 - 81st Regular

Texas House Bill HB641 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1000 SLB-D
2	2	By: Zerwas H.B. No. 641
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the abolition of the Texas Transportation Commission
8	8	and the creation of a commissioner of transportation as an elected
9	9	statutory state officer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 201.001(a), Transportation Code, is
12	12	amended to read as follows:
13	13	(a) In this title:
14	14	(1) "Commissioner" means the commissioner of
15	15	transportation ["Commission" means the Texas Transportation
16	16	Commission].
17	17	(2) "Department" means the Texas Department of
18	18	Transportation.
19	19	(3) "Director" means the executive director of the
20	20	Texas Department of Transportation.
21	21	SECTION 2. Section 201.003, Transportation Code, is amended
22	22	by amending Subsections (b), (d), and (e) and adding Subsection (f)
23	23	to read as follows:
24	24	(b) A reference in law to the State Highway Commission, the
25	25	[or] State Highway and Public Transportation Commission, or [means]
26	26	the Texas Transportation Commission means the commissioner of
27	27	transportation.
28	28	(d) A reference in law to the chair of the Texas
29	29	Transportation Commission means the commissioner of transportation
30	30	[means the chair of the commission].
31	31	(e) A reference in law to a member of the Texas
32	32	Transportation Commission [commission] means the commissioner of
33	33	transportation [a commissioner].
34	34	(f) A reference in this title to the commission means the
35	35	commissioner of transportation.
36	36	SECTION 3. Section 201.051, Transportation Code, is amended
37	37	to read as follows:
38	38	Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The
39	39	commissioner is elected for a term of four years [Texas
40	40	Transportation Commission consists of five members appointed by the
41	41	governor with the advice and consent of the senate].
42	42	(b) To be eligible for election as commissioner or
43	43	appointment to fill a vacancy in the office of commissioner, a [The
44	44	members shall be appointed to reflect the diverse geographic
45	45	regions and population groups of this state. One member must reside
46	46	in a rural area.
47	47	[(c) Each member of the commission must represent the
48	48	general public.
49	49	[(d) Except as provided by Subsection (e), a person is not
50	50	eligible for appointment as a member of the commission if the]
51	51	person or the person's spouse must not:
52	52	(1) be [is] employed by or participate [participates]
53	53	in the management of a business entity or other organization that is
54	54	regulated by or receives funds from the department;
55	55	(2) directly or indirectly own or control [owns or
56	56	controls] more than 10 percent interest in a business entity or
57	57	other organization that is regulated by or receives funds from the
58	58	department;
59	59	(3) use or receive [uses or receives] a substantial
60	60	amount of tangible goods, services, or funds from the department,
61	61	other than compensation or reimbursement authorized by law for
62	62	[commission membership, attendance, or] expenses; or
63	63	(4) be [is] registered, certified, or licensed by the
64	64	department.
65	65	(c) [(f)] An officer, employee, or paid consultant of a
66	66	Texas trade association in the field of road construction or
67	67	maintenance, aviation, or outdoor advertising or a Texas trade
68	68	association of automobile dealers is not eligible for election or
69	69	appointment as commissioner [may not be a member of the
70	70	commission].
71	71	(d) [(g)] The spouse of an officer, manager, or paid
72	72	consultant of a Texas trade association in the field of road
73	73	construction or maintenance, aviation, or outdoor advertising or a
74	74	Texas association of automobile dealers is not eligible for
75	75	election or appointment as commissioner [may not be a member of the
76	76	commission].
77	77	(e) [(h)] A person required to register as a lobbyist under
78	78	Chapter 305, Government Code, because of the person's activities
79	79	for compensation on behalf of a profession related to the operation
80	80	of the department is not eligible for election or appointment as
81	81	commissioner [may not serve as a member of the commission].
82	82	[(i) Appointments to the commission shall be made without
83	83	regard to race, color, disability, sex, religion, age, or national
84	84	origin of the appointees and shall reflect the diversity of the
85	85	population of the state as a whole.]
86	86	(f) [(j)] In this section, "Texas trade association" means
87	87	a nonprofit, cooperative, and voluntarily joined association of
88	88	business or professional competitors in this state designed to
89	89	assist its members and its industry or profession in dealing with
90	90	mutual business or professional problems and in promoting their
91	91	common interest.
92	92	(g) The commissioner is a successor to the Texas
93	93	Transportation Commission for all purposes, including for the
94	94	purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III,
95	95	Texas Constitution.
96	96	SECTION 4. Section 201.053, Transportation Code, is amended
97	97	to read as follows:
98	98	Sec. 201.053. DUTIES OF THE COMMISSIONER [CHAIR OF THE
99	99	COMMISSION]. [(a) The governor periodically shall designate one
100	100	commissioner as the chair of the commission, who shall serve as
101	101	presiding officer of the commission.
102	102	[(b)] The commissioner [chair] shall:
103	103	(1) [preside over commission meetings, make rulings on
104	104	motions and points of order, and determine the order of business;
105	105	[(2)] represent the department in dealing with the
106	106	governor;
107	107	(2) [(3)] report to the governor on the state of
108	108	affairs of the department at least quarterly;
109	109	(3) [(4) report to the commission the governor's
110	110	suggestions for department operations;
111	111	[(5)] report to the governor on efforts, including
112	112	legislative requirements, to maximize the efficiency of department
113	113	operations through the use of private enterprise;
114	114	(4) [(6)] periodically review the department's
115	115	organizational structure and submit recommendations for structural
116	116	changes to the governor[, the commission,] and the Legislative
117	117	Budget Board;
118	118	(5) [(7)] designate one or more employees of the
119	119	department as a civil rights division of the department and receive
120	120	regular reports from the division on the department's efforts to
121	121	comply with civil rights legislation and administrative rules;
122	122	[(8) create subcommittees, appoint commissioners to
123	123	subcommittees, and receive the reports of subcommittees to the
124	124	commission as a whole;
125	125	[(9) appoint a commissioner to act in the chair's
126	126	absence;] and
127	127	(6) [(10)] serve as the departmental liaison with the
128	128	governor and the Office of State-Federal Relations to maximize
129	129	federal funding for transportation.
130	130	SECTION 5. Section 504.401(d), Transportation Code, is
131	131	amended to read as follows:
132	132	(d) In this section, "state official" means:
133	133	(1) a member of the legislature;
134	134	(2) the governor;
135	135	(3) the lieutenant governor;
136	136	(4) a justice of the supreme court;
137	137	(5) a judge of the court of criminal appeals;
138	138	(6) the attorney general;
139	139	(7) the commissioner of the General Land Office;
140	140	(8) the comptroller;
141	141	(9) a member of the Railroad Commission of Texas;
142	142	(10) the commissioner of agriculture;
143	143	(11) the commissioner of transportation;
144	144	(12) the secretary of state; or
145	145	(13) [(12)] a member of the State Board of Education.
146	146	SECTION 6. Section 52.092(c), Election Code, is amended to
147	147	read as follows:
148	148	(c) Statewide offices of the state government shall be
149	149	listed in the following order:
150	150	(1) governor;
151	151	(2) lieutenant governor;
152	152	(3) attorney general;
153	153	(4) comptroller of public accounts;
154	154	(5) commissioner of the General Land Office;
155	155	(6) commissioner of agriculture;
156	156	(7) commissioner of transportation;
157	157	(8) railroad commissioner;
158	158	(9) [(8)] chief justice, supreme court;
159	159	(10) [(9)] justice, supreme court;
160	160	(11) [(10)] presiding judge, court of criminal
161	161	appeals;
162	162	(12) [(11)] judge, court of criminal appeals.
163	163	SECTION 7. Sections 201.052, 201.054, 201.0545, 201.056,
164	164	201.057, 201.058, and 201.059, Transportation Code, are repealed.
165	165	SECTION 8. (a) The first commissioner of transportation
166	166	elected under the changes in law made by this Act shall be elected
167	167	at the general election held in November 2010 to serve for a term
168	168	that begins January 1, 2011.
169	169	(b) Until the first commissioner of transportation elected
170	170	under this Act takes office, the members of the Texas
171	171	Transportation Commission serving on the effective date of this Act
172	172	shall, unless otherwise removed as provided by law, continue in
173	173	office under the prior law that governed the composition of the
174	174	Texas Transportation Commission, and that prior law is continued in
175	175	effect for that purpose. If on January 1, 2011, there is a vacancy
176	176	in the new office of commissioner of transportation created under
177	177	this Act because the first commissioner of transportation-elect has
178	178	died or refuses or is permanently unable to serve, the members of
179	179	the Texas Transportation Commission serving on the effective date
180	180	of this Act shall, unless otherwise removed as provided by law,
181	181	continue in office under the prior law that governed the
182	182	composition of the Texas Transportation Commission until the
183	183	governor fills the vacancy by appointment in the manner provided by
184	184	law. The prior law that governed the composition of the Texas
185	185	Transportation Commission is continued in effect for that purpose.
186	186	At the time that the first commissioner of transportation that is
187	187	elected, or in extraordinary circumstances appointed, under this
188	188	Act takes office, the Texas Transportation Commission is abolished.
189	189	(c) The commissioner of transportation succeeds to all
190	190	powers, duties, rights, and obligations of the Texas Transportation
191	191	Commission, and the abolition of the Texas Transportation
192	192	Commission does not affect the validity of any right, duty,
193	193	decision, rule, or action of any kind taken by or under the
194	194	authority of the commission.
195	195	(d) Not later than January 1, 2012, the commissioner of
196	196	transportation shall provide to the lieutenant governor, the
197	197	speaker of the house of representatives, and the presiding officers
198	198	of the standing committees of each house of the legislature with
199	199	primary jurisdiction over transportation issues:
200	200	(1) a strategic plan for the department; and
201	201	(2) a detailed plan describing how the department
202	202	intends to meet its goals.
203	203	SECTION 9. This Act takes effect September 1, 2009.