82R1304 TRH-D
By: McClendon H.B. No. 116
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Texas Transportation Commission
and the creation of the commissioner of transportation as an
elected statutory state officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.001, Transportation Code, is amended
by adding Subdivision (1-a) to read as follows:
(1-a) "Commissioner" means the commissioner of
transportation.
SECTION 2. 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.
[(e)] A [reference in] law that authorizes the Texas
Transportation Commission to authorize the director of the Texas
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 3. 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) To be eligible for election as commissioner, or
appointment to fill a vacancy in the office of commissioner, 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 may not:
(1) be [is] employed by or participate [participates]
in the management of a business entity or other organization that is
regulated by or receives funds from the department;
(2) directly or indirectly own or control [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) use or receive [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) be [is] registered, certified, or licensed by the
department.
(c) [(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 is not eligible for election or
appointment as commissioner [may not be a member of the
commission].
(d) [(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 is not eligible for
election or appointment as commissioner [may not be a member of the
commission].
(e) [(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 is not eligible for election or appointment as
commissioner [may not serve as a member of the commission].
(f) [(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.
[(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.
(g) 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,] 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 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. 201.053 [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 relevant legislative committees on legislative recommendations
adopted by the commissioner [commission] and relating to the
operation of the department.
Sec. 201.054 [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 reimbursement for actual
and necessary expenses incurred in performing functions as
commissioner [a member of the commission].
Sec. 201.055 [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 or
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. 201.056 [201.058]. INFORMATION ON QUALIFICATIONS AND
CONDUCT. The department shall provide to the commissioner [members
of the commission], as often as necessary, information concerning
the commissioner's [members'] qualifications for office and the
commissioner's [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 4. Sections 201.201 and 201.202, Transportation
Code, are amended to read as follows:
Sec. 201.201. GOVERNANCE OF DEPARTMENT. The commissioner
[commission] governs the Texas Department of Transportation.
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; [and]
(3) public transportation; and
(4) 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.
SECTION 5. Subchapter E, Chapter 201, Transportation Code,
is amended to read as follows:
SUBCHAPTER E. STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR]
Sec. 201.301. [EXECUTIVE DIRECTOR. (a) The commission
shall elect an executive director for the department. The director
must be experienced and skilled in transportation planning and
development and in organizational management.
[(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. 201.302 [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 6. 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 7. 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 8. Section 223.105, Transportation Code, is
repealed.
SECTION 9. (a) 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 2012 to serve for a term
that begins January 1, 2013.
(b) Until the first commissioner of transportation elected
under this Act takes office, 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 shall, unless otherwise removed as provided by law, continue in
office under the prior law that governed the composition of the
Texas Transportation Commission, and that prior law is continued in
effect for that purpose. If, on January 1, 2013, 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 members of
the Texas Transportation Commission and the executive director of
the Texas Department of Transportation serving on the effective
date of this Act shall, unless otherwise removed as provided by law,
continue in office under the prior law that governed the
composition of the Texas Transportation Commission until the
governor fills the vacancy by appointment in the manner provided by
law. The prior law that governed the composition of the Texas
Transportation Commission and the executive director of the Texas
Department of Transportation is continued in effect for that
purpose. At the time the first commissioner of transportation that
is elected, or in extraordinary circumstances appointed, under this
Act takes office, the Texas Transportation Commission is abolished.
(c) 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 10. This Act takes effect September 1, 2011.