Texas 2009 - 81st Regular

Texas House Bill HJR62 Compare Versions

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1	1	81R23519 MTB-D
2	2	By: Farabee, Swinford, Smithee, Strama, H.J.R. No. 62
3	3	et al.
4	4	Substitute the following for H.J.R. No. 62:
5	5	By: Farabee C.S.H.J.R. No. 62
6	6
7	7
8	8	A JOINT RESOLUTION
9	9	proposing a constitutional amendment to provide that the Railroad
10	10	Commission of Texas is governed by a single elected railroad
11	11	commissioner.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsection (b), Section 30, Article XVI, Texas
14	14	Constitution, is amended to read as follows:
15	15	(b) When a Railroad Commission is created by law it shall be
16	16	governed by a single railroad commissioner [composed of three
17	17	Commissioners] who shall be elected by the people at a general
18	18	election for State officers, and whose term [their terms] of office
19	19	shall be four [six] years. [And one Railroad Commissioner shall be
20	20	elected every two years.] In case of vacancy in said office the
21	21	Governor of the State shall fill said vacancy by appointment until
22	22	the next general election.
23	23	SECTION 2. The following temporary provision is added to
24	24	the Texas Constitution:
25	25	TEMPORARY PROVISION. (a) This temporary provision applies
26	26	to the constitutional amendment proposed by the 81st Legislature,
27	27	Regular Session, 2009, providing that the Railroad Commission of
28	28	Texas will be governed by a single railroad commissioner instead of
29	29	by a three-member commission.
30	30	(b) The first railroad commissioner elected under the
31	31	amendment shall be elected at the general election held in November
32	32	2012 to serve for a term that begins January 1, 2013.
33	33	(c) Until the first railroad commissioner elected under the
34	34	amendment takes office, the members of the Railroad Commission of
35	35	Texas serving on the date that the adoption of the amendment by the
36	36	voters is shown by the official canvass of returns shall, unless
37	37	otherwise removed as provided by law, continue in office under the
38	38	prior law that governed the composition of the Railroad Commission
39	39	of Texas, and that prior law is continued in effect for that
40	40	purpose. If on January 1, 2013, there is a vacancy in the new office
41	41	of railroad commissioner created under the amendment because the
42	42	first railroad commissioner-elect has died or refuses or is
43	43	permanently unable to serve, the members of the Railroad Commission
44	44	of Texas serving on the date that the adoption of the amendment by
45	45	the voters is shown by the official canvass of returns shall, unless
46	46	otherwise removed as provided by law, continue in office under the
47	47	prior law that governed the composition of the Railroad Commission
48	48	of Texas until the governor fills the vacancy by appointment in the
49	49	manner provided by law. The prior law that governed the composition
50	50	of the Railroad Commission of Texas is continued in effect for that
51	51	purpose. At the time that the first railroad commissioner elected,
52	52	or in extraordinary circumstances appointed, under the amendment
53	53	takes office, the three-member governing body of the Railroad
54	54	Commission of Texas is abolished.
55	55	(d) The railroad commissioner succeeds to all powers,
56	56	duties, rights, and obligations of the three-member governing body
57	57	of the Railroad Commission of Texas, and the abolition of the
58	58	three-member governing body of the commission does not affect the
59	59	validity of any right, duty, decision, rule, or action of any kind
60	60	taken by or under the authority of the three-member governing body.
61	61	(e) This temporary provision expires January 1, 2014.
62	62	SECTION 3. This proposed constitutional amendment shall be
63	63	submitted to the voters at an election to be held November 3, 2009.
64	64	The ballot shall be printed to permit voting for or against the
65	65	proposition: "The constitutional amendment to provide that the
66	66	Railroad Commission of Texas will be governed by a single elected
67	67	railroad commissioner instead of by an elected three-member
68	68	commission."