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."