1-1 By: Stiles, Price (Senate Sponsor - Galloway) H.B. No. 1428 1-2 (In the Senate - Received from the House April 23, 1997; 1-3 April 24, 1997, read first time and referred to Committee on State 1-4 Affairs; May 8, 1997, reported favorably by the following vote: 1-5 Yeas 12, Nays 0; May 8, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation and operation of a commission to 1-9 coordinate the celebration of the centennial of the discovery of 1-10 the Spindletop Oil Field. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. COMMISSION. (a) The Spindletop Centennial 1-13 Celebration Commission (Spindletop 2001 Commission) is a state 1-14 agency and is composed of: 1-15 (1) 13 public members appointed by the governor as 1-16 follows: 1-17 (A) two members who must be officers or 1-18 employees of Lamar University; 1-19 (B) one member who must be an officer or 1-20 employee of Texas A&M University; 1-21 (C) two members who must be officers or 1-22 employees of the Texas Energy Museum; 1-23 (D) five members who must be residents of 1-24 Jefferson County; and 1-25 (E) three members who must be residents of the 1-26 state at large; and 1-27 (2) the following ex officio members: 1-28 (A) two members of the senate appointed by the 1-29 lieutenant governor; 1-30 (B) two members of the house of representatives 1-31 appointed by the speaker of the house; 1-32 (C) the executive director of the Railroad 1-33 Commission; 1-34 (D) the executive director of the Texas Natural 1-35 Resource Conservation Commission; and 1-36 (E) the executive director of the Texas 1-37 Historical Commission. 1-38 (b) An ex officio member vacates the person's position on 1-39 the commission if the person ceases to hold the underlying position 1-40 that qualifies the member for service on the commission. A vacancy 1-41 in an appointed position is filled by the appointing officer in the 1-42 same manner as the original appointment. 1-43 (c) An ex officio member may designate a representative to 1-44 serve in the member's absence. A representative designated under 1-45 this subsection must be an officer or employee of the member's 1-46 state agency or house of the legislature. 1-47 (d) Each member is a voting member. The duties performed by 1-48 an ex officio member of the commission constitute additional duties 1-49 of the underlying position that qualifies the member for service on 1-50 the commission. 1-51 (e) Appointments of public members to the commission shall 1-52 be made without regard to the race, color, disability, sex, 1-53 religion, age, or national origin of the appointee. 1-54 (f) A member of the commission is not liable in a civil 1-55 action for any act performed in good faith in the execution of 1-56 duties as a commission member. 1-57 (g) The commission is subject to the open meetings law, 1-58 Chapter 551, Government Code, and the administrative procedure law, 1-59 Chapter 2001, Government Code. 1-60 SECTION 2. TERMS. Public members of the commission hold 1-61 office for terms of two years with the members' terms expiring 1-62 February 1 of each odd-numbered year, and the members may be 1-63 reappointed. 1-64 SECTION 3. OFFICERS. At its first meeting, the commission 2-1 shall elect one of its members to serve as the presiding officer. 2-2 The presiding officer is entitled to vote on all matters before the 2-3 commission. 2-4 SECTION 4. COMPENSATION. (a) A public member of the 2-5 commission is not entitled to compensation but is entitled to 2-6 reimbursement for the travel expenses incurred by the member while 2-7 conducting the business of the task force, as provided in the 2-8 General Appropriations Act. 2-9 (b) The entitlement of an ex officio member to compensation 2-10 or reimbursement for travel expenses is governed by the law 2-11 applying to the member's service in that underlying position, and 2-12 any payments to the member shall be made from the appropriate funds 2-13 of the state agency or house of the legislature with which the 2-14 member serves. 2-15 SECTION 5. MEETINGS. The commission shall meet at the call 2-16 of the presiding officer and as provided by commission rule. 2-17 Regularly scheduled meetings shall be held at the Texas Energy 2-18 Museum in Beaumont. Special meetings may be held at other 2-19 locations in the state. 2-20 SECTION 6. POWERS AND DUTIES. (a) The commission shall 2-21 coordinate state and local activities relating to the celebration 2-22 of the centennial of the discovery of the Spindletop Oil Field. 2-23 (b) The commission may: 2-24 (1) adopt rules as necessary for its own procedures; 2-25 (2) encourage individuals, corporations, private 2-26 organizations, and local governmental bodies to organize 2-27 appropriate activities relating to the celebration of the 2-28 centennial of the discovery of the Spindletop Oil Field; 2-29 (3) gather and disseminate information to the public 2-30 regarding activities relating to the celebration of the centennial 2-31 of the discovery of the Spindletop Oil Field; and 2-32 (4) accept gifts, grants, or donations from a public 2-33 or private source for the use of the commission in performing its 2-34 functions under this Act. 2-35 SECTION 7. FINAL REPORT. (a) As soon after December 31, 2-36 2001, as the commission determines that it has completed its work 2-37 and has satisfied its financial obligations, but not later than 2-38 March 31, 2002, the commission shall file with the secretary of 2-39 state a final report verified by a certified public accountant that 2-40 shows: 2-41 (1) the total amount of contributions received by the 2-42 commission during the commission's existence; 2-43 (2) the total amount of expenditures made by the 2-44 commission from nonappropriated funds; and 2-45 (3) the total amount of nonappropriated funds 2-46 remaining in the commission's possession. 2-47 (b) On the date that the commission files its final report 2-48 with the secretary of state, the commission shall deliver to the 2-49 comptroller of public accounts all unexpended nonappropriated funds 2-50 it possesses. The comptroller shall deposit the funds in the state 2-51 treasury to the credit of the general revenue fund. 2-52 SECTION 8. INITIAL TERMS. The terms of the initial public 2-53 members appointed to the commission expire February 1, 1999. 2-54 SECTION 9. EXPIRATION. This Act expires and the commission 2-55 is abolished March 31, 2002. 2-56 SECTION 10. EMERGENCY. The importance of this legislation 2-57 and the crowded condition of the calendars in both houses create an 2-58 emergency and an imperative public necessity that the 2-59 constitutional rule requiring bills to be read on three several 2-60 days in each house be suspended, and this rule is hereby suspended, 2-61 and that this Act take effect and be in force from and after its 2-62 passage, and it is so enacted. 2-63 * * * * *