81R4385 MTB-D
By: Farabee H.J.R. No. 62
A JOINT RESOLUTION
proposing a constitutional amendment to provide that the Railroad
Commission of Texas is governed by a single elected railroad
commissioner.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 30, Article XVI, Texas
Constitution, is amended to read as follows:
(b) When a Railroad Commission is created by law it shall be
governed by a single railroad commissioner [composed of three
Commissioners] who shall be elected by the people at a general
election for State officers, and whose term [their terms] of office
shall be four [six] years. [And one Railroad Commissioner shall be
elected every two years.] In case of vacancy in said office the
Governor of the State shall fill said vacancy by appointment until
the next general election.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, providing that the Railroad Commission of
Texas will be governed by a single railroad commissioner instead of
by a three-member commission.
(b) The first railroad commissioner elected under the
amendment 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 railroad commissioner elected under the
amendment takes office, the members of the Railroad Commission of
Texas serving on the date that the adoption of the amendment by the
voters is shown by the official canvass of returns shall, unless
otherwise removed as provided by law, continue in office under the
prior law that governed the composition of the Railroad Commission
of Texas, and that prior law is continued in effect for that
purpose. If on January 1, 2011, there is a vacancy in the new office
of railroad commissioner created under the amendment because the
first railroad commissioner-elect has died or refuses or is
permanently unable to serve, the members of the Railroad Commission
of Texas serving on the date that the adoption of the amendment by
the voters is shown by the official canvass of returns shall, unless
otherwise removed as provided by law, continue in office under the
prior law that governed the composition of the Railroad Commission
of Texas until the governor fills the vacancy by appointment in the
manner provided by law. The prior law that governed the composition
of the Railroad Commission of Texas is continued in effect for that
purpose. At the time that the first railroad commissioner elected,
or in extraordinary circumstances appointed, under the amendment
takes office, the three-member governing body of the Railroad
Commission of Texas is abolished.
(d) The railroad commissioner succeeds to all powers,
duties, rights, and obligations of the three-member governing body
of the Railroad Commission of Texas, and the abolition of the
three-member governing body of the 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 three-member governing body.
(e) This temporary provision expires January 1, 2012.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to provide that the
Railroad Commission of Texas will be governed by a single elected
railroad commissioner instead of by an elected three-member
commission."