IMF H.B. 1428 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 1428 By: Stiles 4-10-97 Committee Report (Substituted) BACKGROUND On January 10, 1901, Spindletop Oil Field struck oil and changed the course of history in Southeast Texas and around the state. As the first major oil field discovered in Texas, Spindletop broke John D. Rockefeller's Standard Oil forty year monopoly of the petroleum industry. Spindletop initiated the search for oil throughout Texas and the Southwest, and spin-off's of Spindletop became Texaco and Gulf Oil. January 10, 2001, will be the one-hundred year anniversary of the Spindletop discovery and festivity ideas are already in the works. In order to assure a well-organized celebration of not only Spindletop's anniversary but also a century of Texas economic, social, and political history based on oil, a state-wide oversight commission to coordinate events is necessary. Similar commissions have been established for other major Texas historical events, including separate Commissions for the Bicentennials of Sam Houston's and Stephen F. Austin's Birth. This bill would create the Spindletop Centennial Celebration Commission (Spindletop 2001 Commission) composed of members from around the state to coordinate Spindletop's historic anniversary. PURPOSE As proposed, H.B. 1428 would create a state-wide oversight commission to facilitate an organized celebration of the centennial of the discovery of the Spindletop Oil Field. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the Spindletop Centennial Celebration Commission in SECTION 6 (b)(1) of this Act. SECTION BY SECTION ANALYSIS SECTION 1. (a) Establishes the Spindletop Centennial Celebration Commission composed of: (1) 13 public members appointed by the governor, including: (A) 2 members from Lamar University; (B) 1 member from Texas A&M University; (C) 2 members from the Texas Energy Museum; (D) 5 members that are residents of Jefferson County; (E) 3 members from around the state; and (2) 2 ex-officio members of the senate appointed by the lieutenant governor; 2 ex officio members of the house of representatives appointed by the speaker of the house; the executive director of the Texas Railroad Commission to serve as an ex officio member; the executive director of the Texas Natural Resources Conservation Commission to serve as an ex-officio member; and the executive director of the Texas Historical Commission to serve as an ex-officio member. (b) If an ex-officio officer ceases to hold the position qualifying them for the commission, the person will no longer have a position on the commission. The same procedure is required to fill the vacant position by the appropriate appointing officer. (c) If an ex-officio member will be absent, they can designate a representative who is an officer or employee of the same state agency or house of the legislature as the member. (d) Every member is a voting member. A state officer or employee's duties for the commission are additional duties of the office or employment. (e) Requires the public members to be appointed without regard to the race, color, sex, religion, age or national origin of the appointee. (f) Prohibits civil liability against a member of the commission, acting in good faith, for executing the duties of a commission member. (g) Provides that the commission is subject to open meeting laws and the Administrative Procedure and Texas Register Act. SECTION 2. Provides that public members of the commission hold office until the commission ends. SECTION 3. Requires the commission to elect a chair from one of its members at its first meeting. The chair is a voting member for all matters. SECTION 4. Prohibits a public member of the commission from receiving any compensation for serving on the commission. Allows a public member to be reimbursed for travel expenses, subject to any limitations provided by the General Appropriations Act. Allows ex-officio members to be reimbursed according to the laws governing that person's underlying position. SECTION 5. Requires the commission to meet when the chair calls a meeting according to commission rules. Requires that regularly scheduled meetings be at the Texas Energy Museum in Beaumont and provides that special meetings can be held at other locations in Texas. SECTION 6. (a) Requires the commission to coordinate state and local activities involving the centennial celebration of Spindletop Oil Field. (b) Allows the commission to adopt rules for its procedures, encourage the organization of other activities relating to the celebration, gather and disseminate information relating to the celebration, and accept gifts for the commission's use. SECTION 7. (a) Requires the commission to complete its work, satisfy its financial obligations, and file with the secretary of state a final report verified by a certified public accountant between December 31, 2001 and March 31, 2002. Requires the report to show: (1) the total amount of contributions received by the commission during its existence; (2) the total amount of expenditures made by the commission from non- appropriated funds; and (3) the total amount of non-appropriated funds remaining in the commission's possession. (b) Requires the commission to deliver to the state treasure all unexpended, non-appropriated funds it possesses on the same day the commission files its final report with the secretary of state. Requires the treasure to deposit the funds in the state treasury to the credit of the general revenue fund. SECTION 8. Provides that the terms of the initial public members expire February 1, 1999. SECTION 9. Provides that this Act expires and the commission is abolished March 31, 2002. SECTION 10. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute is a Legislative Council draft of the original bill and places H.B. 1428 in Legislative Council format. This resulted in the addition of standard language concerning the creation of the commission in SECTION 1. In SECTION 2 the terms of the public members was changed from until the expiration of the commission in the original, to two years in the substitute. SECTION 4 adds language regarding travel expenses for ex-officio members. Adds new SECTION 8 to specify that the initial terms of public members expire February 1, 1999. Changes the expiration date of the act and the abolition of the commission from March 31, 2001 in the original to March 31 2002 in SECTION 9 (prior SECTION 8).