By Thompson                                     H.J.R. No. 68

      75R1526 MLS-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to provide that the Railroad

 1-2     Commission of Texas is governed by a single elected railroad

 1-3     commissioner.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 30(b), Article XVI, Texas Constitution,

 1-6     is amended to read as follows:

 1-7           (b)  When a Railroad Commission is created by law it shall be

 1-8     governed by a single railroad commissioner [composed of three

 1-9     Commissioners] who shall be elected by the people at a general

1-10     election for State officers, and whose term [their terms] of office

1-11     shall be four [six] years.  [Railroad Commissioners first elected

1-12     after this amendment goes into effect shall hold office as follows:

1-13     One shall serve two years, and one four years, and one six years;

1-14     their terms to be decided by lot immediately after they shall have

1-15     qualified.  And one Railroad Commissioner shall be elected every

1-16     two years thereafter.]  In case of vacancy in said office the

1-17     Governor of the State shall fill said vacancy by appointment until

1-18     the next general election.

1-19           SECTION 2.  The following temporary provision is added to the

1-20     Texas Constitution:

1-21           TEMPORARY PROVISION.  (a)  This temporary provision applies

1-22     to the constitutional amendment proposed by the 75th Legislature,

1-23     Regular Session, 1997, providing that the Railroad Commission of

1-24     Texas will be governed by a single railroad commissioner instead of

 2-1     by a three-member commission.

 2-2           (b)  The first railroad commissioner elected under the

 2-3     amendment shall be elected at the general election held in November

 2-4     1998 to serve for a term that begins January 1, 1999.

 2-5           (c)  Until the first railroad commissioner elected under the

 2-6     amendment takes office, the members of the Railroad Commission of

 2-7     Texas serving on the date that the adoption of the amendment by the

 2-8     voters is shown by the official canvass of returns shall, unless

 2-9     otherwise removed as provided by law, continue in office under the

2-10     prior law that governed the composition of the Railroad Commission

2-11     of Texas, and that prior law is continued in effect for that

2-12     purpose.  If on January 1, 1999, there is a vacancy in the new

2-13     office of railroad commissioner created under the amendment because

2-14     the first railroad commissioner-elect has died or refuses or is

2-15     permanently unable to serve, the members of the Railroad Commission

2-16     of Texas serving on the date that the adoption of the amendment by

2-17     the voters is shown by the official canvass of returns shall,

2-18     unless otherwise removed as provided by law, continue in office

2-19     under the prior law that governed the composition of the Railroad

2-20     Commission of Texas until the governor fills the vacancy by

2-21     appointment in the manner provided by law.  The prior law that

2-22     governed the composition of the Railroad Commission of Texas is

2-23     continued in effect for that purpose.  At the time that the first

2-24     railroad commissioner elected, or in extraordinary circumstances

2-25     appointed, under the amendment takes office, the three-member

2-26     governing body of the Railroad Commission of Texas is abolished.

2-27           (d)  The railroad commissioner succeeds to all powers,

 3-1     duties, rights, and obligations of the three-member governing body

 3-2     of the Railroad Commission of Texas, and the abolition of the

 3-3     three-member governing body of the commission does not affect the

 3-4     validity of any right, duty, decision, rule, or action of any kind

 3-5     taken by or under the authority of the three-member governing body.

 3-6           (e)  This temporary provision expires January 1, 2000.

 3-7           SECTION 3.  This proposed constitutional amendment shall be

 3-8     submitted to the voters at an election to be held November 4, 1997.

 3-9     The ballot shall be printed to permit voting for or against the

3-10     proposition:  "The constitutional amendment to provide that the

3-11     Railroad Commission of Texas will be governed by a single elected

3-12     railroad commissioner instead of by an elected three-member

3-13     commission."