By Gallego H.J.R. No. 63
75R3005 MLS-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment authorizing the legislature to
1-2 provide that a state board, commission, or other agency shall be
1-3 governed by a board composed of an odd number of three or more
1-4 members.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 30a, Article XVI, Texas Constitution, is
1-7 amended to read as follows:
1-8 Sec. 30a. MEMBERS OF BOARDS; TERMS OF OFFICE. The
1-9 Legislature may provide by law that the [members of the] Board of
1-10 Regents of the State University and boards of trustees or managers
1-11 of the educational, eleemosynary, and penal institutions of the
1-12 State, and such boards as have been, or may hereafter be
1-13 established by law, may be composed of an odd number of three or
1-14 more members who serve for a [hold their respective offices for
1-15 the] term of six (6) years, with one-third, or as near as
1-16 one-third as possible, of the members of such boards to be elected
1-17 or appointed every two (2) years in such manner as the Legislature
1-18 may determine; vacancies in such offices to be filled as may be
1-19 provided by law, and the Legislature shall enact suitable laws to
1-20 give effect to this section.
1-21 SECTION 2. The following temporary provision is added to the
1-22 Texas Constitution:
1-23 TEMPORARY PROVISION. (a) This temporary provision applies
1-24 to the amendment to Section 30a, Article XVI, of this constitution,
2-1 proposed by the 75th Legislature, that provides that the governing
2-2 body of a state agency may be composed of an odd number of three or
2-3 more members. This provision expires September 1, 2003.
2-4 (b) The legislature shall provide by law for the change in
2-5 composition of the governing body of a state agency that is
2-6 composed in accordance with Section 30a, Article XVI, of this
2-7 constitution, as added in 1912, but that is not composed in
2-8 accordance with the amendment to that section. Laws enacted by the
2-9 legislature under this subsection shall provide that the change in
2-10 composition into a form allowed under this constitution will take
2-11 place not later than September 1, 2001.
2-12 (c) The governing body of a state agency composed in
2-13 accordance with Section 30a, Article XVI, of this constitution, as
2-14 added in 1912, but that is not composed in accordance with the
2-15 amendment to that section, may continue to act as the governing
2-16 body until a quorum of the members of the governing body who take
2-17 office under a law adopted under Subsection (b) of this section
2-18 have qualified.
2-19 SECTION 3. This proposed constitutional amendment shall be
2-20 submitted to the voters at an election to be held on November 4,
2-21 1997. The ballot shall be printed to permit voting for or against
2-22 the proposition: "The constitutional amendment authorizing the
2-23 legislature to provide that a state board, commission, or other
2-24 agency shall be governed by a board composed of an odd number of
2-25 three or more members."