By Stiles, Price                                      H.B. No. 1428

         75R7456 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation and operation of a commission to

 1-3     coordinate the celebration of the centennial of the discovery of

 1-4     the Spindletop Oil Field.


 1-6           SECTION 1. COMMISSION.  (a)  The Spindletop Centennial

 1-7     Celebration Commission (Spindletop 2001 Commission) is a state

 1-8     agency and is composed of:

 1-9                 (1)  13 public members appointed by the governor as

1-10     follows:

1-11                       (A)  two members who must be officers or

1-12     employees of Lamar University;

1-13                       (B)  one member who must be an officer or

1-14     employee of Texas A&M University;

1-15                       (C)  two members who must be officers or

1-16     employees of the Texas Energy Museum;

1-17                       (D)  five members who must be residents of

1-18     Jefferson County; and

1-19                       (E)  three members who must be residents of the

1-20     state at large; and

1-21                 (2)  the following ex officio members:

1-22                       (A)  two members of the senate appointed by the

1-23     lieutenant governor;

1-24                       (B)  two members of the house of representatives

 2-1     appointed by the speaker of the house;

 2-2                       (C)  the executive director of the Railroad

 2-3     Commission;

 2-4                       (D)  the executive director of the Texas Natural

 2-5     Resource Conservation Commission; and

 2-6                       (E)  the executive director of the Texas

 2-7     Historical Commission.

 2-8           (b)  An ex officio member vacates the person's position on

 2-9     the commission if the person ceases to hold the underlying position

2-10     that qualifies the member for service on the commission.  A vacancy

2-11     in an appointed position is filled by the appointing officer in the

2-12     same manner as the original appointment.

2-13           (c)  An ex officio member may designate a representative to

2-14     serve in the member's absence.  A representative designated under

2-15     this subsection must be an officer or employee of the member's

2-16     state agency or house of the legislature.

2-17           (d)  Each member is a voting member.  The duties performed by

2-18     an ex officio member of the commission constitute additional duties

2-19     of the underlying position that qualifies the member for service on

2-20     the commission.

2-21           (e)  Appointments of public members to the commission shall

2-22     be made without regard to the race, color, disability, sex,

2-23     religion, age, or national origin of the appointee.

2-24           (f)  A member of the commission is not liable in a civil

2-25     action for any act performed in good faith in the execution of

2-26     duties as a commission member.

2-27           (g)  The commission is subject to the open meetings law,

 3-1     Chapter 551, Government Code, and the administrative procedure law,

 3-2     Chapter 2001, Government Code.

 3-3           SECTION 2.  TERMS.  Public members of the commission hold

 3-4     office for terms of two years with the members' terms expiring

 3-5     February 1 of each odd-numbered year, and the members may be

 3-6     reappointed.

 3-7           SECTION 3.  OFFICERS.  At its first meeting, the commission

 3-8     shall elect one of its members to serve as the presiding officer.

 3-9     The presiding officer is entitled to vote on all matters before the

3-10     commission.

3-11           SECTION 4.  COMPENSATION.  (a)  A public member of the

3-12     commission is not entitled to compensation but is entitled to

3-13     reimbursement for the travel expenses incurred by the member while

3-14     conducting the business of the task force, as provided in the

3-15     General Appropriations Act.

3-16           (b)  The entitlement of an ex officio member to compensation

3-17     or reimbursement for travel expenses is governed by the law

3-18     applying to the member's service in that underlying position, and

3-19     any payments to the member shall be made from the appropriate funds

3-20     of the state agency or house of the legislature with which the

3-21     member serves.

3-22           SECTION 5.  MEETINGS.  The commission shall meet at the call

3-23     of the presiding officer and as provided by commission rule.

3-24     Regularly scheduled meetings shall be held at the Texas Energy

3-25     Museum in Beaumont.  Special meetings may be held at other

3-26     locations in the state.

3-27           SECTION 6.  POWERS AND DUTIES.  (a)  The commission shall

 4-1     coordinate state and local activities relating to the celebration

 4-2     of the centennial of the discovery of the Spindletop Oil Field.

 4-3           (b)  The commission may:

 4-4                 (1)  adopt rules as necessary for its own procedures;

 4-5                 (2)  encourage individuals, corporations, private

 4-6     organizations, and local governmental bodies to organize

 4-7     appropriate activities relating to the  celebration of the

 4-8     centennial of the discovery of the Spindletop Oil Field;

 4-9                 (3)  gather and disseminate information to the public

4-10     regarding activities relating to the  celebration of the centennial

4-11     of the discovery of the Spindletop Oil Field; and

4-12                 (4)  accept gifts, grants, or donations from a public

4-13     or private source for the use of the commission in performing its

4-14     functions under this Act.

4-15           SECTION 7.  FINAL REPORT.  (a)  As soon after December 31,

4-16     2001, as the commission determines that it has completed its work

4-17     and has satisfied its financial obligations, but not later than

4-18     March 31, 2002, the commission shall file with the secretary of

4-19     state a final report verified by a certified public accountant that

4-20     shows:

4-21                 (1)  the total amount of contributions received by the

4-22     commission during the commission's existence;

4-23                 (2)  the total amount of expenditures made by the

4-24     commission from nonappropriated funds; and

4-25                 (3)  the total amount of nonappropriated funds

4-26     remaining in the commission's possession.

4-27           (b)  On the date that the commission files its final report

 5-1     with the secretary of state, the commission shall deliver to the

 5-2     comptroller of public accounts all unexpended nonappropriated funds

 5-3     it possesses.  The comptroller shall deposit the funds in the state

 5-4     treasury to the credit of the general revenue fund.

 5-5           SECTION 8.  INITIAL TERMS.  The terms of the initial public

 5-6     members appointed to the commission expire February 1, 1999.

 5-7           SECTION 9. EXPIRATION.  This Act expires and the commission

 5-8     is abolished March 31, 2002.

 5-9           SECTION 10.  EMERGENCY.  The importance of this legislation

5-10     and the crowded condition of the calendars in both houses create an

5-11     emergency and an imperative public necessity that the

5-12     constitutional rule requiring bills to be read on three several

5-13     days in each house be suspended, and this rule is hereby suspended,

5-14     and that this Act take effect and be in force from and after its

5-15     passage, and it is so enacted.