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."