By Merritt                                            H.B. No. 3104
         76R6328 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the ineligibility of a railroad commissioner to become
 1-3     a candidate for another public office.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 6447, Revised Statutes, is amended to
 1-6     read as follows:
 1-7           Art. 6447.  THE COMMISSION.  Election.--The Railroad
 1-8     Commission of Texas shall be composed of three members, one of whom
 1-9     shall be elected biennially at each general election for a term of
1-10     six years.
1-11           Qualifications.--The members shall be resident citizens of
1-12     this State, and qualified voters under the Constitution and laws,
1-13     and not less than twenty-five years of age.  No member shall be
1-14     directly or indirectly interested in any railroad, or in any stock,
1-15     bond, mortgage, security, or earnings of any railroad, and should a
1-16     member voluntarily become so interested his office shall become
1-17     vacant, or should he become so interested otherwise than
1-18     voluntarily, he shall within a reasonable time divest himself of
1-19     such interest, failing to do this, his office shall become vacant.
1-20           Shall hold no other office, etc.--No commissioner shall hold
1-21     any other office of any character, while such commissioner, nor
1-22     engage in any occupation or business inconsistent with his duties
1-23     as such commissioner.  A commissioner is ineligible during the term
1-24     for which the commissioner is elected or appointed to become a
 2-1     candidate in any general, special, or primary election for any
 2-2     other office of profit or trust under the laws of this State or the
 2-3     United States.
 2-4           Oath, etc.--Before entering upon the duties of his office,
 2-5     each commissioner shall take and subscribe to the official oath and
 2-6     shall in addition thereto, swear that he is not directly or
 2-7     indirectly interested in any railroad, nor in the bonds, stock,
 2-8     mortgages, securities, contracts, or earnings of any railroad, and
 2-9     that he will to the best of his ability faithfully and justly
2-10     execute and enforce the provisions of this title, and all laws of
2-11     this State concerning railroads, which oath shall be filed with the
2-12     Secretary of State.
2-13           Organization.--The commissioners shall elect one of their
2-14     number chairman.  They may make all rules necessary for their
2-15     government and proceedings.  They shall be known collectively as
2-16     the "Railroad Commission of Texas," and shall have a seal, a star
2-17     of five points with the words "Railroad Commission of Texas"
2-18     engraved thereon.  They shall be furnished necessary furniture,
2-19     stationery, supplies and all necessary expenses, to be paid for on
2-20     the order of the Governor.
2-21           Expenses.--The Commissioners shall receive from the State
2-22     their necessary traveling expenses while traveling on the business
2-23     of the Commission, which shall include the cost only of
2-24     transportation while traveling on business for the Commission, upon
2-25     an itemized statement thereof, sworn to by the party who incurred
2-26     the expense, and approved by the Commission.  Employees of the
2-27     Commission are entitled to reimbursement for expenses incurred in
 3-1     traveling on the business of the Commission as provided by the
 3-2     General Appropriations Act.
 3-3           Sessions.--The Commission may hold its sessions at any place
 3-4     in this State when deemed necessary.
 3-5           SECTION 2.  This Act takes effect September 1, 1999.
 3-6           SECTION 3.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.