75R7456 MLS-F
By Stiles H.B. No. 1428
Substitute the following for H.B. No. 1428:
By Stiles C.S.H.B. No. 1428
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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.