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.


1-12           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.

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