By Gallego H.J.R. No. 29
76R546 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. The Legislature may provide by law that the
1-9 [members of the] Board of Regents of the State University and
1-10 boards of trustees or managers of the educational, eleemosynary,
1-11 and penal institutions of the State, and such boards as have been,
1-12 or may hereafter be established by law, may be composed of an odd
1-13 number of three or more members who serve for a [hold their
1-14 respective offices for the] term of six (6) years, with one-third,
1-15 or as near as one-third as possible, of the members of such boards
1-16 to be elected or appointed every two (2) years in such manner as
1-17 the Legislature may determine; vacancies in such offices to be
1-18 filled as may be provided by law, and the Legislature shall enact
1-19 suitable laws to give effect to this section.
1-20 SECTION 2. The following temporary provision is added to the
1-21 Texas Constitution:
1-22 TEMPORARY PROVISION. (a) This temporary provision applies
1-23 to the amendment to Section 30a, Article XVI, of this constitution,
1-24 proposed by the 76th Legislature, that provides that the governing
2-1 body of a state agency may be composed of an odd number of three or
2-2 more members. This provision expires September 1, 2005.
2-3 (b) The legislature shall provide by law for the change in
2-4 composition of the governing body of a state agency that is
2-5 composed in accordance with Section 30a, Article XVI, of this
2-6 constitution, as added in 1912, but that is not composed in
2-7 accordance with the amendment to that section. Laws enacted by the
2-8 legislature under this subsection shall provide that the change in
2-9 composition into a form allowed under this constitution will take
2-10 place not later than September 1, 2003.
2-11 (c) The governing body of a state agency composed in
2-12 accordance with Section 30a, Article XVI, of this constitution, as
2-13 added in 1912, but that is not composed in accordance with the
2-14 amendment to that section, may continue to act as the governing
2-15 body until a quorum of the members of the governing body who take
2-16 office under a law adopted under Subsection (b) of this section
2-17 have qualified.
2-18 SECTION 3. This proposed constitutional amendment shall be
2-19 submitted to the voters at an election to be held on November 2,
2-20 1999. The ballot shall be printed to permit voting for or against
2-21 the proposition: "The constitutional amendment authorizing the
2-22 legislature to provide that a state board, commission, or other
2-23 agency shall be governed by a board composed of an odd number of
2-24 three or more members."