By: Barrientos S.B. No. 534
73R5907 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain conflicts of interest for members of the
1-3 Railroad Commission of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 6447, Revised Statutes, is amended to
1-6 read as follows:
1-7 Art. 6447. THE COMMISSION. Election.--The Railroad
1-8 Commission of Texas shall be composed of three members, one of whom
1-9 shall be elected biennially at each general election for a term of
1-10 six years.
1-11 Qualifications.--The members shall be resident citizens of
1-12 this State, and qualified voters under the Constitution and laws,
1-13 and not less than twenty-five years of age. A <No> member may not
1-14 <shall> be directly or indirectly interested in any entity or
1-15 industry regulated by the Commission <railroad>, or in any stock,
1-16 bond, mortgage, security, or earnings of any entity or industry
1-17 regulated by the Commission. If <railroad, and should> a member
1-18 knowingly acquires an interest in an entity or industry regulated
1-19 by the Commission, the member's <voluntarily become so interested
1-20 his> office shall become vacant. If a member acquires, without the
1-21 member's knowledge, an interest in an entity or industry regulated
1-22 by the Commission, or if the member has an interest before or at
1-23 the time the member takes the oath of office, the member<, or
1-24 should he become so interested otherwise than voluntarily, he>
2-1 shall, within a reasonable time as provided by Texas Ethics
2-2 Commission rule, divest the <himself of such> interest or transfer
2-3 the interest to a qualified blind trust, as defined by 5 U.S.C.
2-4 Section 202(f)(3) and its subsequent amendments. A member, on a
2-5 form prescribed by the Texas Ethics Commission, shall disclose the
2-6 member's interest and each interest in an entity or industry
2-7 regulated by the Commission that is held by an individual related
2-8 to the member within the second degree by consanguinity or
2-9 affinity. The disclosure shall be filed with the Texas Ethics
2-10 Commission within the time prescribed by the Texas Ethics
2-11 Commission. If a member fails to divest or transfer an interest as
2-12 required by this article, the member's<, failing to do this, his>
2-13 office shall become vacant.
2-14 Shall hold no other office, etc.--No commissioner shall hold
2-15 any other office of any character, while such commissioner, nor
2-16 engage in any occupation or business inconsistent with his duties
2-17 as such commissioner.
2-18 Oath, etc.--Before entering upon the duties of his office,
2-19 each commissioner shall take and subscribe to the official oath and
2-20 shall in addition thereto, swear that he is not directly or
2-21 indirectly interested in any railroad, nor in the bonds, stock,
2-22 mortgages, securities, contracts, or earnings of any railroad, and
2-23 that he will to the best of his ability faithfully and justly
2-24 execute and enforce the provisions of this title, and all laws of
2-25 this State concerning railroads, which oath shall be filed with the
2-26 Secretary of State.
2-27 Organization.--The commissioners shall elect one of their
3-1 number chairman. They may make all rules necessary for their
3-2 government and proceedings. They shall be known collectively as
3-3 the "Railroad Commission of Texas," and shall have a seal, a star
3-4 of five points with the words "Railroad Commission of Texas"
3-5 engraved thereon. They shall be furnished necessary furniture,
3-6 stationery, supplies and all necessary expenses, to be paid for on
3-7 the order of the Governor.
3-8 Expenses.--The Commissioners shall receive from the State
3-9 their necessary traveling expenses while traveling on the business
3-10 of the Commission, which shall include the cost only of
3-11 transportation while traveling on business for the Commission, upon
3-12 an itemized statement thereof, sworn to by the party who incurred
3-13 the expense, and approved by the Commission. Employees of the
3-14 Commission are entitled to reimbursement for expenses incurred in
3-15 traveling on the business of the Commission as provided by the
3-16 General Appropriations Act.
3-17 Sessions.--The Commission may hold its sessions at any place
3-18 in this State when deemed necessary.
3-19 SECTION 2. Section 1.11(a), Chapter 304, Acts of the 72nd
3-20 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
3-21 Texas Civil Statutes), is amended to read as follows:
3-22 (a) The commission shall:
3-23 (1) administer and enforce Chapters 302 and 305,
3-24 Government Code; Title 15, Election Code; and Chapter 421, Acts of
3-25 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
3-26 Vernon's Texas Civil Statutes); and perform any other powers or
3-27 duties given to the commission under those laws or under another
4-1 law;
4-2 (2) prescribe forms for statements and reports
4-3 required to be filed with the commission and provide for the
4-4 distribution of the forms;
4-5 (3) adopt by rule and publish a manual that
4-6 establishes uniform methods of accounting and reporting for use by
4-7 persons required to file statements and reports with the commission
4-8 and that includes a digest of each advisory opinion issued by the
4-9 commission under Section 1.29 of this article;
4-10 (4) make a report by December 31 of each even-numbered
4-11 year to the governor and legislature that includes each advisory
4-12 opinion issued by the commission under Section 1.29 of this article
4-13 in the preceding two years and that recommends any necessary
4-14 statutory changes;
4-15 (5) provide training by January of each odd-numbered
4-16 year for members and members-elect of the legislature concerning
4-17 compliance with the laws administered and enforced by the
4-18 commission;
4-19 (6) provide a program of ethics training for state
4-20 employees in cooperation with state agencies;
4-21 (7) require each regulatory executive branch agency to
4-22 develop rules limiting the acceptance of gifts or other benefits
4-23 from persons appearing before or regulated by the agency that are
4-24 at least as restrictive as the rules of the commission and provide
4-25 for the submission of the rules to the commission for approval; and
4-26 (8) assign an account number to each person required
4-27 to file a statement or report with the commission under a law
5-1 administered and enforced by the commission.
5-2 SECTION 3. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.