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78R12051 JRD-D
By: Chisum, Gallego, Solomons, Dunnam H.B. No. 2769
Substitute the following for H.B. No. 2769:
By: Davis of Harris C.S.H.B. No. 2769
A BILL TO BE ENTITLED
AN ACT
relating to changing the composition of certain state agency
governing bodies with an even number of members to comply with the
changes made to Section 30a, Article XVI, Texas Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
SECTION 1.01. Effective September 1, 2003, Section
461.003(b), Health and Safety Code, is amended to read as follows:
(b) The commission is composed of five [six] members
appointed by the governor with the advice and consent of the senate.
SECTION 1.02. Effective September 1, 2003, Section 461.006,
Health and Safety Code, is amended to read as follows:
Sec. 461.006. TERMS. Commission members serve staggered
six-year terms, with the terms of one or two members expiring
February 1 of each odd-numbered year.
SECTION 1.03. (a) Of the two positions on the Texas
Commission on Alcohol and Drug Abuse that have terms scheduled to
expire on February 1, 2005, one of the positions is abolished on
September 1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on February 1, 2005, shall determine
by unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the chairman of the
Texas Commission on Alcohol and Drug Abuse of that determination.
ARTICLE 2. TEXAS ANIMAL HEALTH COMMISSION
SECTION 2.01. Effective September 1, 2003, Section
161.021(a), Agriculture Code, is amended to read as follows:
(a) The commission is composed of 13 [twelve] commissioners
appointed by the governor with the advice and consent of the senate,
with the appropriate number from each of the following categories:
(1) a practitioner of veterinary medicine;
(2) a dairyman;
(3) a cattle raiser;
(4) a hog raiser;
(5) a sheep or goat raiser;
(6) a poultry raiser;
(7) an individual involved in the equine industry;
(8) an individual involved in the feedlot industry;
(9) an individual involved in the livestock marketing
industry;
(10) three [two] members of the general public; and
(11) an individual involved in the exotic livestock or
exotic fowl industry.
SECTION 2.02. Effective September 1, 2003, Section 161.022,
Agriculture Code, is amended to read as follows:
Sec. 161.022. TERM. Commissioners serve for staggered
terms of six years, with the terms of four or five members expiring
every other year.
SECTION 2.03. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas Animal Health Commission for a term expiring September 6,
2007.
ARTICLE 3. TEXAS COMMISSION ON THE ARTS
SECTION 3.01. Effective September 1, 2003, Section
444.003(a), Government Code, is amended to read as follows:
(a) The commission is composed of 17 [18] members appointed
by the governor with the advice and consent of the senate. The
members must represent all fields of the arts and be widely known
for their professional competence and experience in connection with
the arts. At least two members must be residents of a county with a
population of less than 50,000. Appointments to the commission
shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.
SECTION 3.02. (a) Of the six positions on the Texas
Commission on the Arts that have terms expiring on August 31, 2005,
one of the positions is abolished on September 1, 2003.
(b) On or before September 1, 2003, the six members whose
terms are scheduled to expire on August 31, 2005, shall determine by
unanimous agreement or by lot which of the six positions shall be
abolished and shall inform the presiding officer of the Texas
Commission on the Arts of that determination.
ARTICLE 4. ADVISORY BOARD OF ATHLETIC TRAINERS
SECTION 4.01. Effective September 1, 2003, Section
451.051(b), Occupations Code, is amended to read as follows:
(b) The board consists of five [six] members appointed by
the governor with the advice and consent of the senate as follows:
(1) three [four] members who are athletic trainers;
and
(2) two members who represent the public.
SECTION 4.02. Effective September 1, 2003, Section
451.053(a), Occupations Code, is amended to read as follows:
(a) Board members serve staggered six-year terms with the
terms of one or two members expiring on January 31 of each
odd-numbered year.
SECTION 4.03. (a) Of the athletic trainer positions on the
Advisory Board of Athletic Trainers, the position of the athletic
trainer member whose term on the board is next scheduled to expire
is abolished on September 1, 2003.
(b) If, of the athletic trainer positions on the Advisory
Board of Athletic Trainers, two athletic trainer members of the
board have terms next scheduled to expire, one of the positions is
abolished on September 1, 2003. On or before September 1, 2003, the
athletic trainer members whose terms are next scheduled to expire
shall determine by unanimous agreement or by lot which of the two
positions shall be abolished on September 1, 2003, and shall inform
the presiding officer of the Advisory Board of Athletic Trainers of
that determination.
ARTICLE 5. STATE BOARD OF BARBER EXAMINERS
SECTION 5.01. Effective September 1, 2003, Section
1601.051(a), Occupations Code, is amended to read as follows:
(a) The State Board of Barber Examiners consists of seven
[six] members appointed by the governor with the advice and consent
of the senate as follows:
(1) two members, each of whom:
(A) is engaged in the practice of barbering as a
Class A barber and has been for at least five years before being
appointed; and
(B) does not hold a barbershop permit;
(2) one member who:
(A) is a barbershop owner who holds a barbershop
permit; and
(B) is engaged in the practice of barbering and
has been for at least five years before being appointed;
(3) one member who holds a permit to conduct or operate
a barber school; and
(4) three [two] members who represent the public.
SECTION 5.02. Effective September 1, 2003, Section
1601.055(a), Occupations Code, is amended to read as follows:
(a) Members of the board serve staggered six-year terms,
with the terms of two or three members expiring on the same date
every two years.
SECTION 5.03. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
State Board of Barber Examiners for a term expiring January 31,
2009.
ARTICLE 6. COUNCIL ON CARDIOVASCULAR DISEASE AND STROKE
SECTION 6.01. Effective September 1, 2003, Section 93.002,
Health and Safety Code, is amended to read as follows:
Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a)
The Council on Cardiovascular Disease and Stroke is composed of 11
[12] members appointed by the board.
(b) Members of the council serve staggered six-year terms
with the terms of approximately one-third of the members expiring
February 1 of each odd-numbered year.
SECTION 6.02. (a) Of the four positions on the Council on
Cardiovascular Disease and Stroke that have terms scheduled to
expire on February 1, 2005, one of the positions is abolished on
September 1, 2003.
(b) On or before September 1, 2003, the four members whose
terms are scheduled to expire on February 1, 2005, shall determine
by unanimous agreement or by lot which of the positions shall be
abolished on September 1, 2003, and shall inform the commissioner
of health of that determination.
ARTICLE 7. COMMODITY PRODUCERS BOARDS
SECTION 7.01. Effective September 1, 2003, Section
41.011(c), Agriculture Code, is amended to read as follows:
(c) The petition must propose a [either a 6-member,
9-member, 12-member, or 15-member] board with an odd number of 5 to
15 members.
SECTION 7.02. Effective September 1, 2003, Section
41.053(b), Agriculture Code, is amended to read as follows:
(b) Members of the initial board shall draw lots so that
one-third, or as near one-third as possible, of the members shall
hold office for two years, one-third, or as near one-third as
possible, for four years, and one-third, or as near one-third as
possible, for six years. Thereafter, members of the board serve for
terms of six years.
ARTICLE 8. STATE BOARD OF DENTAL EXAMINERS
SECTION 8.01. Effective September 1, 2003, Section
252.001(a), Occupations Code, is amended to read as follows:
(a) The State Board of Dental Examiners consists of 15 [18]
members appointed by the governor with the advice and consent of the
senate as follows:
(1) eight [10] reputable dentist members who reside in
this state and have been actively engaged in the practice of
dentistry for at least the five years preceding appointment;
(2) two reputable dental hygienist members who reside
in this state and have been actively engaged in the practice of
dental hygiene for at least the five years preceding appointment;
and
(3) five [six] members who represent the public.
SECTION 8.02. (a) Of the four dentist positions on the
State Board of Dental Examiners that have terms scheduled to expire
on February 1, 2005, one of the positions is abolished on September
1, 2003. On or before September 1, 2003, the four dentist members
whose terms are scheduled to expire on February 1, 2005, shall
determine by unanimous agreement or by lot which of the four
positions shall be abolished on September 1, 2003, and shall inform
the president of the State Board of Dental Examiners of that
determination.
(b) Of the three dentist positions on the State Board of
Dental Examiners that have terms scheduled to expire on February 1,
2007, one of the positions is abolished on September 1, 2003. On or
before September 1, 2003, the three dentist members whose terms are
scheduled to expire on February 1, 2007, shall determine by
unanimous agreement or by lot which of the three positions shall be
abolished on September 1, 2003, and shall inform the president of
the State Board of Dental Examiners of that determination.
(c) Of the two public member positions on the State Board of
Dental Examiners that have terms scheduled to expire on February 1,
2009, one of the positions is abolished on September 1, 2003. On or
before September 1, 2003, the two public members whose terms are
scheduled to expire on February 1, 2009, shall determine by
unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the president of
the State Board of Dental Examiners of that determination.
ARTICLE 9. TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES
SECTION 9.01. Effective September 1, 2003, Section 112.012,
Human Resources Code, is amended to read as follows:
Sec. 112.012. MEMBERS. The members of the council shall be
appointed by the governor in accordance with applicable federal
developmental disability laws. The governor may appoint as many
members to the council as is determined appropriate for the council
to accomplish its purposes but must appoint, in total membership,
an odd number of members to the council. Appointments to the
council shall be made without regard to:
(1) the race, color, sex, religion, age, or national
origin of the appointees; or
(2) the disability of the appointees, except as
required by applicable federal developmental disability laws.
SECTION 9.02. Effective September 1, 2003, Section
112.013(a), Human Resources Code, is amended to read as follows:
(a) Members of the council appointed by the governor serve
for staggered terms of six years with the term of one-third or
approximately one-third of the members expiring on February 1 of
each odd-numbered year.
SECTION 9.03. If the number of appointed positions on the
Texas Council for Developmental Disabilities on September 1, 2003,
is an even number, the governor, as soon as possible after that
date, shall appoint an additional member to the council in
accordance with federal developmental disability laws for a term
expiring on February 1, 2009.
ARTICLE 10. TEXAS DIABETES COUNCIL
SECTION 10.01. Effective September 1, 2003, Sections
103.002(a) and (b), Health and Safety Code, are amended to read as
follows:
(a) The Texas Diabetes Council is composed of 11 [12]
citizen members appointed from the public and one representative
each from the department, the Texas Education Agency, the Texas
Department of Human Services, the Texas Commission for the Blind,
and the Texas Rehabilitation Commission.
(b) The governor, with the advice and consent of the senate,
shall appoint the following citizen members:
(1) a licensed physician with a specialization in
treating diabetes;
(2) a registered nurse with a specialization in
diabetes education and training;
(3) a registered and licensed dietitian with a
specialization in the diabetes education field;
(4) a person with experience and training in public
health policy;
(5) three [four] consumer members, with special
consideration given to persons active in the Texas affiliates of
the Juvenile Diabetes Foundation or the American Diabetes
Association; and
(6) four members from the general public with
expertise or demonstrated commitment to diabetes issues.
In making appointments under this section, the governor shall
attempt to appoint members of different minority groups including
females, African-Americans, Hispanic-Americans, Native Americans,
and Asian-Americans.
SECTION 10.02. Effective September 1, 2003, Section
103.005(a), Health and Safety Code, is amended to read as follows:
(a) Council members appointed by the governor serve for
staggered six-year terms, with the terms of three or four members
expiring February 1 of each odd-numbered year.
SECTION 10.03. (a) Of the two consumer positions on the
Texas Diabetes Council that have terms scheduled to expire on
February 1, 2005, one of the positions is abolished on September 1,
2003.
(b) On or before September 1, 2003, the two consumer members
whose terms are scheduled to expire on February 1, 2005, shall
determine by unanimous agreement or by lot which of the two
positions shall be abolished on September 1, 2003, and shall inform
the chairman of the Texas Diabetes Council of that determination.
ARTICLE 11. TEXAS DISTINGUISHED SERVICE AWARDS COMMITTEE
SECTION 11.01. Effective September 1, 2003, Sections
3102.003(a) and (b), Government Code, are amended to read as
follows:
(a) The committee consists of five [six] members appointed
by the governor with the advice and consent of the senate.
(b) Committee members serve staggered six-year terms with
the terms of one or two members expiring each odd-numbered year.
SECTION 11.02. (a) Of the two positions on the Texas
Distinguished Service Awards Committee that have terms scheduled to
expire on January 31, 2005, one of the positions is abolished on
September 1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on January 31, 2005, shall determine
by unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the presiding
officer of the Texas Distinguished Service Awards Committee of that
determination.
ARTICLE 12. STATE BOARD FOR EDUCATOR CERTIFICATION
SECTION 12.01. Effective September 1, 2003, Section
21.033(a), Education Code, is amended to read as follows:
(a) The State Board for Educator Certification is composed
of 14 [15] members. The commissioner of education shall appoint an
employee of the agency to represent the commissioner as a nonvoting
member. The commissioner of higher education shall appoint an
employee of the Texas Higher Education Coordinating Board to
represent the commissioner as a nonvoting member. The governor
shall appoint a dean of a college of education in this state as a
nonvoting member. The remaining 11 [12] members are appointed by
the governor with the advice and consent of the senate, as follows:
(1) four members must be teachers employed in public
schools;
(2) two members must be public school administrators;
(3) one member must be a public school counselor; and
(4) four [five] members must be citizens, three of
whom are not and have not, in the five years preceding appointment,
been employed by a public school district or by an educator
preparation program in an institution of higher education and one
[two] of whom is [are] not and has [have] not been employed by a
public school district or by an educator preparation program in an
institution of higher education.
SECTION 12.02. (a) Of the public member positions on the
State Board for Educator Certification, the position of the public
member whose term on the board is scheduled to expire February 1,
2009, is abolished on September 1, 2003.
(b) If, of the public member positions on the State Board
for Educator Certification, two or more public members of the board
have terms scheduled to expire February 1, 2009, one of the
positions is abolished on September 1, 2003. On or before September
1, 2003, the public members whose terms are scheduled to expire
February 1, 2009, shall determine by unanimous agreement or by lot
which of the positions shall be abolished on September 1, 2003, and
shall inform the presiding officer of the State Board for Educator
Certification of that determination.
ARTICLE 13. TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL
COMMISSION
SECTION 13.01. Effective September 1, 2003, Section
448.003, Government Code, is amended to read as follows:
Sec. 448.003. COMPOSITION OF COMMISSION. The commission is
composed of:
(1) five [six] public members appointed by the
governor with the advice and consent of the senate;
(2) two members of the senate appointed by the
lieutenant governor to serve as ex officio, nonvoting members;
(3) two members of the house of representatives
appointed by the speaker of the house to serve as ex officio,
nonvoting members; and
(4) the executive director of the Texas Historical
Commission to serve as an ex officio, nonvoting member.
SECTION 13.02. Effective September 1, 2003, Section
448.007, Government Code, is amended to read as follows:
Sec. 448.007. TERMS. Public members of the commission
serve staggered terms of six years with the terms of approximately
one-third of the members expiring on February 1 of each
odd-numbered year.
SECTION 13.03. (a) Of the two positions on the Texas
Emancipation Juneteenth Cultural and Historical Commission that
have terms scheduled to expire on February 1, 2005, one of the
positions is abolished on September 1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on February 1, 2005, shall determine
by unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the presiding
officer of the Texas Emancipation Juneteenth Cultural and
Historical Commission of that determination.
ARTICLE 14. TEXAS COMMISSION ON FIRE PROTECTION
SECTION 14.01. Effective September 1, 2003, Sections
419.004(a) and (b), Government Code, are amended to read as
follows:
(a) The commission is composed of the following 13 [12]
members:
(1) two members to be selected from a list of five
names submitted by the Texas Fire Chiefs Association who are chief
officers with a minimum rank that is equivalent to the position
immediately below that of the fire chief and who are employed in
fire departments as defined by Section 419.021 that are under the
jurisdiction of the commission, at least one of whom must be the
head of a fire department and one of whom must be employed by a
political subdivision with a population of less than 50,000;
(2) two members to be selected from a list of five
names submitted by the Texas State Association of Fire Fighters who
are fire protection personnel as defined by Section 419.021 with
the rank of battalion chief or below and who are employed in fire
departments or other appropriate local authorities under the
jurisdiction of the commission, one of whom must be employed by a
political subdivision with a population of less than 50,000;
(3) two members to be selected from a list of five
names submitted by the State Firemen's and Fire Marshals'
Association of Texas who are volunteer fire chiefs or volunteer
fire fighters;
(4) one certified fire protection engineer;
(5) one certified arson investigator or certified fire
protection inspector;
(6) one fire protection instructor from an institution
of higher education as defined by Section 61.003, Education Code;
and
(7) four [three] public members.
(b) The members of the commission are appointed by the
governor with the advice and consent of the senate for staggered
terms of six years with four or five members' terms expiring
February 1 of each odd-numbered year.
SECTION 14.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas Commission on Fire Protection for a term expiring on February
1, 2009.
ARTICLE 15. TEXAS GUARANTEED STUDENT LOAN CORPORATION
SECTION 15.01. Effective September 1, 2003, Sections
57.13(a) and (b), Education Code, are amended to read as follows:
(a) The corporation is governed by a board of nine [10]
directors appointed in accordance with this section.
(b) The governor, with the advice and consent of the senate,
shall appoint nine members to the board. Four [Five] members must
have knowledge of or experience in finance, including management of
funds or business operations. One member must be a student who is
enrolled at a postsecondary educational institution for the number
of credit hours required by the institution to be classified as a
full-time student of the institution. Three members must be
members of the faculty or administration of an eligible
postsecondary educational institution, as defined by Section 57.46
of this code.
SECTION 15.02. Effective September 1, 2003, Section 57.14,
Education Code, is amended to read as follows:
Sec. 57.14. DIRECTORS' TERMS OF OFFICE. Members of the
board appointed by the governor [or the commissioner of higher
education] serve for terms of six years, with the terms of two or
three members expiring on January 31 of each odd-numbered year.
SECTION 15.03. (a) Of the positions on the board of the
Texas Guaranteed Student Loan Corporation that must be filled by
members with knowledge or experience in finance, the position of
the member whose term on the board is next scheduled to expire is
abolished on September 1, 2003.
(b) If, of the positions on the board of the Texas
Guaranteed Student Loan Corporation that must be filled by members
with knowledge or experience in finance, two or more members have
terms next scheduled to expire, one of the positions is abolished on
September 1, 2003. On or before September 1, 2003, the affected
members whose terms are next scheduled to expire shall determine by
unanimous agreement or by lot which of the positions shall be
abolished on September 1, 2003, and shall inform the chairman of the
board of the Texas Guaranteed Student Loan Corporation of that
determination.
ARTICLE 16. TEXAS BOARD OF HEALTH
SECTION 16.01. Effective September 1, 2003, Sections
11.005(a) and (c), Health and Safety Code, are amended to read as
follows:
(a) The board is composed of seven [six] members appointed
by the governor with the advice and consent of the senate.
(c) Four members of the board must have a demonstrated
interest in the services provided by the department, and three
[two] members must represent the public.
SECTION 16.02. Effective September 1, 2003, Section 11.007,
Health and Safety Code, is amended to read as follows:
Sec. 11.007. TERMS. Board members serve for staggered
six-year terms, with the terms of two or three members expiring
February 1 of each odd-numbered year.
SECTION 16.03. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas Board of Health for a term expiring on February 1, 2009.
ARTICLE 17. TEXAS HEALTH BENEFITS PURCHASING COOPERATIVE
SECTION 17.01. Effective September 1, 2003, Articles
26.13(b) and (c), Insurance Code, are amended to read as follows:
(b) The Texas cooperative is administered by a five-member
[six-member] board of trustees appointed by the governor with the
advice and consent of the senate. Two [Three] members must
represent employers, two members must represent employees, and one
member must represent the public.
(c) The appointed members of the board of trustees serve
staggered six-year terms, with the terms of one or two members
expiring February 1 of each odd-numbered year.
SECTION 17.02. The position of the employer member whose
term on the board of trustees of the Texas Health Benefits
Purchasing Cooperative is scheduled to expire on February 1, 2005,
is abolished on September 1, 2003.
ARTICLE 18. TEXAS HIGHER EDUCATION COORDINATING BOARD
SECTION 18.01. Effective September 1, 2003, Section 61.022,
Education Code, is amended to read as follows:
Sec. 61.022. MEMBERS OF BOARD; APPOINTMENT; TERMS OF
OFFICE. The board shall consist of nine [18] members appointed by
the governor so as to provide representation from all areas of the
state with the advice and consent of the senate, and as the
constitution provides. Members of the board serve staggered
six-year terms. The terms of one-third of the members expire August
31 of each odd-numbered year. [Of the initial appointments to the
board six shall be for terms which shall expire August 31, 1967, six
for terms which shall expire August 31, 1969, and six for terms
which shall expire on August 31, 1971, or at such time as their
successors are appointed and have qualified. Thereafter, the
governor shall appoint members for terms of six years. Members of
the Texas Commission on Higher Education are eligible for
appointment to the board.] No member may be employed
professionally for remuneration in the field of education during
his term of office.
SECTION 18.02. (a) Of the six positions on the Texas
Higher Education Coordinating Board that have terms scheduled to
expire on August 31, 2003, three of the positions are abolished on
September 1, 2003. On or before September 1, 2003, the governor
shall designate which three of the six positions shall be abolished
and shall appoint three persons to fill the other positions for
terms expiring on August 31, 2009.
(b) Of the six positions on the Texas Higher Education
Coordinating Board that have terms scheduled to expire on August
31, 2005, three of the positions are abolished on September 1, 2003.
On or before September 1, 2003, the members whose terms are
scheduled to expire on August 31, 2005, shall determine by
unanimous agreement or by lot which three of the six positions shall
be abolished and shall inform the chairman of the Texas Higher
Education Coordinating Board of that determination.
(c) Of the six positions on the Texas Higher Education
Coordinating Board that have terms scheduled to expire on August
31, 2007, three of the positions are abolished on September 1, 2003.
On or before September 1, 2003, the members whose terms are
scheduled to expire on August 31, 2007, shall determine by
unanimous agreement or by lot which three of the six positions shall
be abolished and shall inform the chairman of the Texas Higher
Education Coordinating Board of that determination.
ARTICLE 19. TEXAS HISTORICAL COMMISSION
SECTION 19.01. Effective September 1, 2003, Sections
442.002(b) and (c), Government Code, are amended to read as
follows:
(b) The commission is composed of 17 [18] members appointed
by the governor with the advice and consent of the senate. One
member must be a professional archeologist, one must be a
professional historian, and one must be a licensed architect who
has expertise in historic preservation and architectural history.
Fourteen [Fifteen] members must be representatives of the general
public. A person is not eligible for appointment as a public member
of the commission if the person or the person's spouse:
(1) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds other
than grant funds from the commission; or
(2) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
(c) Members serve for staggered six-year terms, with the
terms of approximately one-third of the members expiring February 1
of each odd-numbered year.
SECTION 19.02. (a) Of the six positions on the Texas
Historical Commission that have terms scheduled to expire on
February 1, 2005, one of the positions is abolished on September 1,
2003.
(b) On or before September 1, 2003, the public members whose
terms are scheduled to expire on February 1, 2005, shall determine
by unanimous agreement or by lot which public member's position
shall be abolished on September 1, 2003, and shall inform the
presiding officer of the Texas Historical Commission of that
determination.
ARTICLE 20. COMMISSION ON HUMAN RIGHTS
SECTION 20.01. Effective September 1, 2003, Section
461.051(a), Government Code, is amended to read as follows:
(a) The commission consists of five [six] members. One
member of the commission shall be a representative of industry, one
member shall be a representative of labor, and three [four] members
shall be representatives of the public.
SECTION 20.02. The position of the public member whose term
on the Commission on Human Rights is scheduled to expire on
September 24, 2003, is abolished on September 1, 2003.
ARTICLE 21. TEXAS BOARD OF HUMAN SERVICES
SECTION 21.01. Effective September 1, 2003, Sections
21.003(b), (c), and (e), Human Resources Code, are amended to read
as follows:
(b) The board is composed of five [six] members appointed by
the governor with the advice and consent of the senate and
representing all geographic regions of the state. To qualify for an
appointment to the board, a person must have demonstrated an
interest in and knowledge of human services.
(c) Members of the board serve for staggered terms of six
years with the term of one or two members expiring on January 20 of
each odd-numbered year.
(e) Three [Four] members of the board constitute a quorum
for the transaction of business.
SECTION 21.02. (a) Of the two positions on the Texas Board
of Human Services that have terms scheduled to expire on January 20,
2005, one of the positions is abolished on September 1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on January 20, 2005, shall determine
by unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the presiding
officer of the Texas Board of Human Services of that determination.
ARTICLE 22. DEPARTMENT OF INFORMATION RESOURCES
SECTION 22.01. Effective September 1, 2003, Sections
2054.021(a) and (b), Government Code, are amended to read as
follows:
(a) The department is governed by a board composed of seven
[six] voting members appointed by the governor with the advice and
consent of the senate. One member must be employed by an institution
of higher education as defined by Section 61.003, Education Code.
(b) Voting members of the board serve for staggered six-year
terms with two or three members' terms expiring February 1 of each
odd-numbered year.
SECTION 22.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional member to the board
of the Department of Information Resources for a term expiring February 1, 2009.
ARTICLE 23. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
SECTION 23.01. Effective September 1, 2003, Section
1071.051(a), Occupations Code, is amended to read as follows:
(a) The Texas Board of Professional Land Surveying consists
of nine [10] members as follows:
(1) the commissioner;
(2) two licensed state land surveyor members actively
engaged in the practice of state land surveying for not less than
the five years preceding appointment;
(3) three [four] registered professional land
surveyor members actively engaged in the practice of professional
surveying in this state for not less than the five years preceding
appointment; and
(4) three members who represent the public.
SECTION 23.02. Effective September 1, 2003, Section
1071.054(a), Occupations Code, is amended to read as follows:
(a) Members of the board appointed by the governor serve
staggered six-year terms, with the terms of approximately one-third
of those members expiring on January 31 of each odd-numbered year.
SECTION 23.03. Of the four positions on the Texas Board of
Professional Land Surveying held by registered professional land
surveyor members, one of the positions is abolished on September 1,
2003. On or before September 1, 2003, the four members who hold
those positions shall determine by unanimous agreement or by lot
which of the four positions is abolished on September 1, 2003, and
shall inform the presiding officer of the Texas Board of
Professional Land Surveying of that determination.
ARTICLE 24. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
SECTION 24.01. Effective September 1, 2003, Section
441.001(a), Government Code, is amended to read as follows:
(a) The Texas State Library and Archives Commission is
composed of seven [six] members appointed by the governor with the
advice and consent of the senate. All seven [six] members must be
representatives of the general public. A person is not eligible for
appointment as a member of the commission if the person or the
person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of library or
information science;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the
commission or receiving funds from the commission;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from
the commission; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
SECTION 24.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional member to the Texas
State Library and Archives Commission for a term expiring September
28, 2007.
ARTICLE 25. TEXAS COMMISSION OF LICENSING AND REGULATION
SECTION 25.01. Effective September 1, 2003, Section
51.052(a), Occupations Code, is amended to read as follows:
(a) The commission consists of five [six] members appointed
by the governor with the advice and consent of the senate.
SECTION 25.02. Effective September 1, 2003, Section
51.055(a), Occupations Code, is amended to read as follows:
(a) Members of the commission serve staggered six-year
terms. The terms of one or two members expire on February 1 of each
odd-numbered year.
SECTION 25.03. (a) Of the two positions on the Texas
Commission of Licensing and Regulation that have terms scheduled to
expire on February 1, 2005, one of the positions is abolished on
September 1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on February 1, 2005, shall determine
by unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the presiding
officer of the Texas Commission of Licensing and Regulation of that
determination.
ARTICLE 26. TEXAS STATE BOARD OF MEDICAL EXAMINERS
SECTION 26.01. Effective September 1, 2003, Section
152.002(a), Occupations Code, is amended to read as follows:
(a) The board consists of 19 [18] members appointed by the
governor with the advice and consent of the senate as follows:
(1) twelve members who are learned and eminent
physicians licensed in this state for at least three years before
the appointment, nine of whom must be graduates of a reputable
medical school or college with a degree of doctor of medicine (M.D.)
and three of whom must be graduates of a reputable medical school or
college with a degree of doctor of osteopathic medicine (D.O.); and
(2) seven [six] members who represent the public.
SECTION 26.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas State Board of Medical Examiners for a term expiring April 14,
2009.
ARTICLE 27. TEXAS COUNCIL ON OFFENDERS WITH MENTAL IMPAIRMENTS
SECTION 27.01. Effective September 1, 2003, Sections
614.002(a) and (b), Health and Safety Code, are amended to read as
follows:
(a) The Texas Council on Offenders with Mental Impairments
is composed of 31 [30] members.
(b) The governor shall appoint, with the advice and consent
of the senate:
(1) four at-large members who have expertise in mental
health, mental retardation, or developmental disabilities, one of
whom must be a psychiatrist;
(2) one at-large member who is the judge of a court
with criminal jurisdiction;
(3) one at-large member who is a prosecuting attorney;
(4) one at-large member who is a criminal defense
attorney;
(5) one at-large member from an established pretrial
services agency; [and]
(6) one at-large member who has expertise in the
criminal justice system; and
(7) one at-large member who represents the general
public.
SECTION 27.02. Effective September 1, 2003, Section
614.004, Health and Safety Code, is amended to read as follows:
Sec. 614.004. TERMS. The at-large members of the council
serve for staggered six-year terms with the terms of approximately
one-third of the at-large members expiring on February 1 of each
odd-numbered year.
SECTION 27.03. As soon as possible on or after September 1,
2003, the governor shall appoint a public at-large member to the
Texas Council on Offenders with Mental Impairments for a term
expiring February 1, 2009.
ARTICLE 28. TEXAS MILITARY FACILITIES COMMISSION
SECTION 28.01. Effective September 1, 2003, Section
435.004(a), Government Code, is amended to read as follows:
(a) The commission is composed of:
(1) one senior officer of the Texas National Guard who
is appointed by the governor with the advice and consent of the
senate from a list submitted by the adjutant general and who must be
actively serving in the Texas National Guard at the time of
appointment; and
(2) six [five] members of the general public who are
appointed by the governor with the advice and consent of the senate,
who must not be actively serving in the Texas National Guard while
serving as members of the commission, and two of whom must have
experience in architecture, civil engineering, or construction
management.
SECTION 28.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas Military Facilities Commission for a term expiring April 30, 2009.
ARTICLE 29. OPERATION GAME THIEF COMMITTEE
SECTION 29.01. Effective September 1, 2003, Sections
12.202(a) and (b), Parks and Wildlife Code, are amended to read as
follows:
(a) The director shall appoint an Operation Game Thief
Committee composed of eleven [nine] members to administer the
operation game thief fund and to make reward payments and death
benefit payments from that fund. The director shall appoint
persons who are not employees of the department and who have a
demonstrated interest in game and fish conservation. The director
may consider the recommendations or nominations of any club or
association. The director shall designate one of the members as
chairman of the committee. The director shall [may] appoint a
former committee member to serve as chairman emeritus [if the
director determines the appointment is in the best interest of the
operation game thief program]. The chairman emeritus has the same
rights and duties as any other [a] committee member. The director
or an employee designated by the director for that purpose shall
serve as secretary to the committee. A member of the committee
serves without compensation.
(b) Each member of the committee, including the chairman
emeritus, serves a term of six years. The terms of approximately
one-third of the members, including [excluding] the chairman
emeritus, expire on January 31 of each odd-numbered year. [The term
of the chairman emeritus expires on the date of the sixth
anniversary after the day the chairman emeritus is appointed.] The
director may reappoint members.
SECTION 29.02. Effective September 1, 2003, Section
12.202(d), Parks and Wildlife Code, is repealed.
SECTION 29.03. (a) As soon as possible on or after
September 1, 2003, the executive director of the Parks and Wildlife
Department:
(1) shall appoint an additional member to the
Operation Game Thief Committee for a term expiring January 31,
2007; and
(2) shall appoint a chairman emeritus to the Operation
Game Thief Committee for a term expiring January 31, 2009, if there
is not currently a chairman emeritus serving on the committee.
(b) If there is a chairman emeritus currently serving on the
Operation Game Thief Committee, the term of the currently serving
chairman emeritus expires January 31, 2009.
ARTICLE 30. TEXAS BOARD OF ORTHOTICS AND PROSTHETICS
SECTION 30.01. Effective September 1, 2003, Section
605.052(a), Occupations Code, is amended to read as follows:
(a) The board consists of seven [six] members appointed by
the governor with the advice and consent of the senate as follows:
(1) one licensed orthotist member who has practiced
orthotics for the five years preceding the date of appointment;
(2) one licensed prosthetist member who has practiced
prosthetics for the five years preceding the date of appointment;
(3) one licensed prosthetist orthotist member who has
practiced orthotics and prosthetics for the five years preceding
the date of appointment;
(4) one member who is a representative of the public
who uses an orthosis;
(5) one member who is a representative of the public
who uses a prosthesis; and
(6) two members [one member] who are representatives
[is a representative] of the public who do [does] not use an
orthosis or prosthesis.
SECTION 30.02. Effective September 1, 2003, Section
605.055(a), Occupations Code, is amended to read as follows:
(a) Members of the board serve staggered six-year terms.
The terms of two or three members expire on February 1 of each
odd-numbered year.
SECTION 30.03. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas Board of Orthotics and Prosthetics under Section
605.052(a)(6), Occupations Code, as amended by this Act, for a term
expiring on February 1, 2009.
ARTICLE 31. BOARD OF PARDONS AND PAROLES POLICY BOARD
SECTION 31.01. Effective September 1, 2003, Sections
508.036(a) and (b), Government Code, are amended to read as
follows:
(a) The governor shall designate seven [six] members of the
board to serve as the Board of Pardons and Paroles Policy Board.
The governor shall designate the presiding officer of the board as
one of the seven [six] members of the policy board, and the
presiding officer of the board shall serve as presiding officer of
the policy board. Service on the policy board is an additional duty
of office for members appointed to the policy board.
(b) Members of the board designated as members of the policy
board serve on the policy board for six-year terms that are
concurrent with their six-year terms on the board, with the service
of two or three members expiring February 1 of each odd-numbered
year.
SECTION 31.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional member to the Board
of Pardons and Paroles Policy Board under Section 508.036(a),
Government Code, as amended by this Act, for a term expiring
February 1, 2009.
ARTICLE 32. POLYGRAPH EXAMINERS BOARD
SECTION 32.01. Effective September 1, 2003, Section
1703.051(a), Occupations Code, is amended to read as follows:
(a) The Polygraph Examiners Board consists of seven [six]
members appointed by the governor with the advice and consent of the
senate as follows:
(1) two polygraph examiner members who are qualified
polygraph examiners for a governmental law enforcement agency, one
of whom must be the supervisor of the department's polygraph
section;
(2) two polygraph examiner members who are qualified
polygraph examiners in the commercial field; and
(3) three [two] members who represent the public.
SECTION 32.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Polygraph Examiners Board for a term expiring June 18, 2009.
ARTICLE 33. PRIVATE SECTOR PRISON INDUSTRIES
OVERSIGHT AUTHORITY
SECTION 33.01. Effective September 1, 2003, Section
497.052(a), Government Code, is amended to read as follows:
(a) The authority is composed of eight [nine] members
appointed by the governor:
(1) one of whom is representative of organized labor;
(2) one of whom is representative of employers;
(3) one of whom is representative of groups advocating
the rights of victims of criminal offenses;
(4) one of whom is representative of groups advocating
the rights of inmates;
(5) one of whom is experienced in the field of
vocational rehabilitation; and
(6) three [four] of whom are public members.
SECTION 33.02. Effective September 1, 2003, Section
497.053, Government Code, is amended to read as follows:
Sec. 497.053. TERMS. Appointed members of the authority
serve staggered six-year terms, with two or three members' terms
expiring on February 1 of each odd-numbered year.
SECTION 33.03. (a) Of the two public positions on the
Private Sector Prison Industries Oversight Authority that have
terms scheduled to expire on February 1, 2005, one of the positions
is abolished on September 1, 2003.
(b) On or before September 1, 2003, the two public members
whose terms are scheduled to expire on February 1, 2005, shall
determine by unanimous agreement or by lot which of the two
positions shall be abolished on September 1, 2003, and shall inform
the presiding officer of the Private Sector Prison Industries
Oversight Authority of that determination.
ARTICLE 34. TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 34.01. Effective September 1, 2003, Section
1702.021(a), Occupations Code, is amended to read as follows:
(a) The Texas Commission on Private Security consists of
eight [nine] members appointed by the governor with the advice and
consent of the senate as follows:
(1) four [five] public members, each of whom is a
citizen of the United States;
(2) one member who:
(A) is licensed under this chapter as a private
investigator;
(B) has been engaged as a private investigator
for at least the five years preceding appointment; and
(C) is not employed by a person who employs
another member of the commission;
(3) one member who is licensed under this chapter as an
alarm systems company and who:
(A) has been engaged as an alarm systems company
for at least the five years preceding appointment; and
(B) is not employed by a person who employs
another member of the commission;
(4) one member who:
(A) is licensed under this chapter as the owner
or operator of a guard company;
(B) has been the owner or operator of the guard
company for at least the five years preceding appointment; and
(C) is not employed by a person who employs
another member of the commission; and
(5) one member who:
(A) holds a license, security officer
commission, or registration under this chapter;
(B) has been engaged in activity regulated by the
commission under this chapter for at least the five years preceding
appointment; and
(C) is not employed by a person who employs
another member of the commission.
SECTION 34.02. Effective September 1, 2003, Section
1702.025(a), Occupations Code, is amended to read as follows:
(a) The appointed commission members serve staggered
six-year terms, with the terms of two or three appointed members
expiring on January 31 of each odd-numbered year.
SECTION 34.03. (a) Of the public member positions on the
Texas Commission on Private Security, the position of the public
member whose term on the board is next scheduled to expire is
abolished on September 1, 2003.
(b) If, of the public member positions on the Texas
Commission on Private Security, two or more public members of the
board have terms next scheduled to expire, one of the positions is
abolished on September 1, 2003. On or before September 1, 2003, the
public members whose terms are next scheduled to expire shall
determine by unanimous agreement or by lot which of the positions
shall be abolished on September 1, 2003, and shall inform the
presiding officer of the Texas Commission on Private Security of
that determination.
ARTICLE 35. PRODUCE RECOVERY FUND BOARD
SECTION 35.01. Effective September 1, 2003, Section
103.003(a), Agriculture Code, is amended to read as follows:
(a) The Produce Recovery Fund Board is composed of five
[six] members appointed by the governor with the advice and consent
of the senate. Two members must be producers, one [two] must be a
license holder [holders] licensed under Chapter 101, and two must
be members of the general public.
SECTION 35.02. The position of the license holder member
whose term on the Produce Recovery Fund Board is scheduled to expire
on January 31, 2005, is abolished on September 1, 2003.
ARTICLE 36. BOARD OF PROTECTIVE AND REGULATORY SERVICES
SECTION 36.01. Effective September 1, 2003, Sections
40.021(a) and (b), Human Resources Code, are amended to read as
follows:
(a) The board is composed of five [six] members appointed by
the governor with the advice and consent of the senate. The
governor shall designate one member to be the presiding officer of
the board to serve in that capacity at the pleasure of the governor.
(b) Three [Four] members of the board must have a
demonstrated interest in the services provided by the department,
and two members must represent the public.
SECTION 36.02. Effective September 1, 2003, Section 40.024,
Human Resources Code, is amended to read as follows:
Sec. 40.024. BOARD TERMS. Members of the board serve
six-year terms, with the terms of one or two members expiring
February 1 of each odd-numbered year.
SECTION 36.03. (a) The position of the member of the Board
of Protective and Regulatory Services who has a demonstrated
interest in the services provided by the Department of Protective
and Regulatory Services whose term on the board is scheduled to
expire on February 1, 2005, is abolished on September 1, 2003.
(b) If more than one member of the Board of Protective and
Regulatory Services who has a demonstrated interest in the services
provided by the Department of Protective and Regulatory Services
has a term scheduled to expire on February 1, 2005, one of the
positions is abolished on September 1, 2003. On or before September
1, 2003, the members whose terms are scheduled to expire on February
1, 2005, shall determine by unanimous agreement or by lot which of
the two positions shall be abolished on September 1, 2003, and shall
inform the presiding officer of the Board of Protective and
Regulatory Services of that determination.
ARTICLE 37. TEXAS RACING COMMISSION
SECTION 37.01. Effective September 1, 2003, Section
2.02(a), Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes), is amended to read as follows:
(a) The commission consists of seven [six] members
appointed by the governor with the advice and consent of the senate
and two ex officio members who shall have the right to vote. The ex
officio members are:
(1) the chairman of the Public Safety Commission or a
member of the Public Safety Commission designated by the chairman
of the Public Safety Commission; and
(2) the comptroller of public accounts or the
comptroller's designee.
SECTION 37.02. Effective September 1, 2003, Section
2.03(a), Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes), is amended to read as follows:
(a) Appointed members hold office for staggered terms of six
years with two or three members' terms expiring February 1 of each
odd-numbered year. A member holds office until that member's
successor is appointed and qualifies.
SECTION 37.03. Effective September 1, 2003, Section
2.05(a), Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes), is amended to read as follows:
(a) Five [Four] of the appointed members of the commission
must be representatives of the general public and have general
knowledge of business or agribusiness. One additional appointed
member must have special knowledge or experience related to
greyhound racing and one additional appointed member must have
special knowledge or experience related to horse racing. A person
is not eligible for appointment as a member of the commission if the
person or the person's spouse:
(1) is licensed by the commission, except as a
commissioner;
(2) is employed by the commission or participates in
the management of a business entity or other organization regulated
by the commission or receiving funds from or through the
commission;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from or
through the commission; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from or through the commission, other
than compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
SECTION 37.04. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Texas Racing Commission for a term expiring February 1, 2009.
ARTICLE 38. TEXAS REAL ESTATE BROKER-LAWYER COMMITTEE
SECTION 38.01. Effective September 1, 2003, Section
1101.252(a), Occupations Code, is amended to read as follows:
(a) The Texas Real Estate Broker-Lawyer Committee consists
of 13 [12] members appointed as follows:
(1) six members appointed by the commission; [and]
(2) six members of the State Bar of Texas appointed by
the president of the state bar; and
(3) one public member appointed by the governor.
SECTION 38.02. Effective September 1, 2003, Section
1101.253(a), Occupations Code, is amended to read as follows:
(a) Committee members serve staggered six-year terms, with
the terms of two commission appointees and two State Bar of Texas
appointees expiring every two years and the term of the public
member expiring every six years.
SECTION 38.03. As soon as possible after September 1, 2003,
the governor shall appoint a public member to the Texas Real Estate
Broker-Lawyer Committee under Section 1101.252(a)(3), Occupations
Code, as amended by this Act, for a term expiring on the date that
the terms of lawyers and brokers on the committee whose terms expire
in 2009 expire.
ARTICLE 39. TEXAS REHABILITATION COMMISSION
SECTION 39.01. Effective September 1, 2003, Section
111.013(a), Human Resources Code, is amended to read as follows:
(a) The board of the Texas Rehabilitation Commission is
composed of five [six] members appointed by the governor with the
advice and consent of the senate. Members serve for staggered terms
of six years with the terms of one or two members expiring every two
years.
SECTION 39.02. (a) Of the two positions on the board of the
Texas Rehabilitation Commission that have terms scheduled to expire
on August 31, 2005, one of the positions is abolished on September
1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on August 31, 2005, shall determine by
unanimous agreement or by lot which of the two positions shall be
abolished and shall inform the presiding officer of the board of the
Texas Rehabilitation Commission of that determination.
ARTICLE 40. RISK MANAGEMENT BOARD
SECTION 40.01. Effective September 1, 2003, Sections
412.021(b) and (c), Labor Code, are amended to read as follows:
(b) The board is composed of five [six] members appointed by
the governor.
(c) Members of the board hold office for staggered terms of
six years with one or two members' terms expiring February 1 of each
odd-numbered year. A member appointed to fill a vacancy shall hold
office for the remainder of that term.
SECTION 40.02. (a) Of the two positions on the risk
management board that have terms scheduled to expire on February 1,
2005, one of the positions is abolished on September 1, 2003.
(b) On or before September 1, 2003, the two members whose
terms are scheduled to expire on February 1, 2005, shall determine
by unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the presiding
officer of the risk management board of that determination.
ARTICLE 41. STATEWIDE RURAL HEALTH CARE SYSTEM
SECTION 41.01. Effective September 1, 2003, Sections
845.101(a) and (b), Insurance Code, are amended to read as follows:
(a) The system is governed by a board of directors that
consists of 17 [18] members. Notwithstanding the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes), appointments to the board shall be made as provided by
this section.
(b) The participating hospital providers shall elect, by a
majority vote of the governing bodies of the participating hospital
providers, five [six] members who represent the participating
hospital providers.
SECTION 41.02. Effective September 1, 2003, Section
845.102(a), Insurance Code, is amended to read as follows:
(a) Members of the board serve staggered six-year terms.
The terms of five or six members expire December 1 of each
even-numbered year.
SECTION 41.03. (a) Of the two positions on the board of the
statewide rural health care system elected by the participating
hospital providers that have terms scheduled to expire on December
1, 2004, one of the positions is abolished on September 1, 2003.
(b) On or before September 1, 2003, the two members elected
by the participating hospital providers to the board of the
statewide rural health care system whose terms are scheduled to
expire on December 1, 2004, shall determine by unanimous agreement
or by lot which of the two positions shall be abolished on September
1, 2003, and shall inform the presiding officer of the board of the
statewide rural health care system of that determination.
ARTICLE 42. COUNCIL ON SEX OFFENDER TREATMENT
SECTION 42.01. Effective September 1, 2003, Section 3(a),
Chapter 462, Acts of the 68th Legislature, Regular Session, 1983
(Article 4413(51), Vernon's Texas Civil Statutes), is amended to
read as follows:
(a) The council is composed of seven [six] part-time
members, including three [two] members who are representatives of
the general public and four members each of whom meets the council's
requirements for registration as a sex offender treatment provider.
A person is not eligible for appointment as a public member if the
person meets the council's requirements for registration as a sex
offender treatment provider or if the person or the person's
spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of sex offender
treatment;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the council
or receiving funds from the council;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the council or receiving funds from the
council; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the council, other than compensation
or reimbursement authorized by law for council membership,
attendance, or expenses.
SECTION 42.02. Effective September 1, 2003, Section 4(a),
Chapter 462, Acts of the 68th Legislature, Regular Session, 1983
(Article 4413(51), Vernon's Texas Civil Statutes), is amended to
read as follows:
(a) Members of the council hold office for staggered terms
of six years, with two or three members' terms expiring February 1
of each odd-numbered year.
SECTION 42.03. As soon as possible on or after September 1,
2003, the governor shall appoint an additional public member to the
Council on Sex Offender Treatment for a term expiring on February 1,
2009.
ARTICLE 43. BOARD OF TAX PROFESSIONAL EXAMINERS
SECTION 43.01. Effective September 1, 2003, Section
1151.051, Occupations Code, is amended to read as follows:
Sec. 1151.051. BOARD MEMBERSHIP; ELIGIBILITY. (a) The
Board of Tax Professional Examiners consists of five [six] members,
four of whom must be tax professionals and one of whom must be a
representative of the general public. Members of the board are
appointed by the governor with the advice and consent of the senate.
A vacancy on the board is filled in the same manner for the
unexpired portion of the term.
(b) To be eligible to serve on the board as a tax
professional member, a person must:
(1) be actively engaged in property tax
administration;
(2) have at least five years' experience in appraisal,
assessment, or collection; and
(3) be certified under this chapter as a registered
professional appraiser, registered Texas collector, or registered
Texas assessor.
(c) A person is not eligible for appointment as a public
member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of property tax appraisal,
assessment, or collection;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
SECTION 43.02. Effective September 1, 2003, Section
1151.052, Occupations Code, is amended to read as follows:
Sec. 1151.052. TERMS. Board members serve six-year terms,
with the terms of one or two members expiring on March 1 of each
odd-numbered year.
SECTION 43.03. (a) The two positions on the Board of Tax
Professional Examiners that have terms scheduled to expire on March
1, 2005, are abolished on September 1, 2003.
(b) As soon as possible on or after September 1, 2003, the
governor shall appoint a member representing the general public to
the Board of Tax Professional Examiners for a term expiring on March
1, 2005.
ARTICLE 44. TEXAS-ISRAEL EXCHANGE FUND BOARD
SECTION 44.01. Effective September 1, 2003, Sections
45.006(a) and (d), Agriculture Code, are amended to read as
follows:
(a) The Texas-Israel Exchange Fund Board is created and
composed of:
(1) the commissioner of agriculture;
(2) five [six] members appointed by the commissioner;
(3) one member appointed by the executive officer of
The University of Texas System;
(4) one member appointed by the executive officer of
The Texas A&M University System;
(5) one member appointed by the executive officer of
Texas Tech University; and
(6) as nonvoting, ex officio members, the lieutenant
governor, the speaker of the house of representatives, and the
comptroller or their designees.
(d) Appointed board members serve for staggered six-year
terms. The terms of approximately one-third of the appointed board
members expire on February 1 of each odd-numbered year.
SECTION 44.02. (a) Of the six positions on the Texas-Israel
Exchange Fund Board that are appointed by the commissioner of
agriculture, the position next scheduled to expire is abolished on
September 1, 2003.
(b) If there is more than one position on the Texas-Israel
Exchange Fund Board that is appointed by the commissioner of
agriculture and that is next scheduled to expire, the members who
were appointed by the commissioner of agriculture and whose terms
are next scheduled to expire shall determine by unanimous agreement
or by lot which of the positions shall be abolished on September 1,
2003, and shall inform the commissioner of that determination.
ARTICLE 45. TEXAS VETERANS COMMISSION
SECTION 45.01. Effective September 1, 2003, Sections
434.003(a) and (b), Government Code, are amended to read as
follows:
(a) The commission is composed of five [six] members
appointed by the governor with the advice and consent of the senate.
The governor shall make each appointment without regard to the
race, creed, sex, religion, or national origin of the appointee.
(b) A member must be a citizen and resident of the state. At
least three [four] members must have been honorably discharged or
honorably released from active military service of the United
States. At least one member must be a person classified as a
disabled veteran by the United States Veterans Administration or
the branch of the United States armed forces in which the person
served. This person's disability must be service-connected and
compensable.
SECTION 45.02. (a) Of the two positions on the Texas
Veterans Commission that have terms scheduled to expire on December
31, 2003, one of the positions is abolished on September 1, 2003.
If one of the positions is filled by a disabled veteran as described
by Section 434.003(b), Government Code, and the other position is
not, the position that is not filled by the disabled veteran is
abolished on September 1, 2003. Otherwise, the position is
abolished in accordance with Subsection (b) of this section.
(b) If it cannot be determined under Subsection (a) which
position on the Texas Veterans Commission will be abolished, then
on or before September 1, 2003, the two members whose terms are
scheduled to expire on December 31, 2003, shall determine by
unanimous agreement or by lot which of the two positions shall be
abolished on September 1, 2003, and shall inform the chairman of the
Texas Veterans Commission of that determination.
ARTICLE 46. TEXAS WORKERS' COMPENSATION COMMISSION
SECTION 46.01. Effective September 1, 2003, Section
402.002(a), Labor Code, is amended to read as follows:
(a) Members of the commission hold office for two-year
[staggered six-year] terms, with the terms [of one member
representing employers and one member representing wage earners]
expiring on February 1 of each odd-numbered year.
SECTION 46.02. The current terms of the members of the Texas
Workers' Compensation Commission expire February 1, 2005.
ARTICLE 47. COUNCIL ON WORKFORCE AND ECONOMIC COMPETITIVENESS
SECTION 47.01. Effective September 1, 2003, Section
2308.052(b), Government Code, is amended to read as follows:
(b) The council is composed of:
(1) three voting members who represent education, one
of whom represents local public education, one of whom represents
public postsecondary education, and one of whom represents
vocational education;
(2) five voting members who represent organized labor
appointed from recommendations made by recognized labor
organizations;
(3) five voting members who represent business and
industry, including business members serving on local workforce
development boards or private industry councils;
(4) one [two] voting member [members] who represents
[represent] community-based organizations; and
(5) the following ex officio voting members:
(A) the chair of the State Board of Education;
(B) the chair of the Texas Higher Education
Coordinating Board;
(C) the presiding officer of the Texas Board of
Human Services;
(D) the presiding officer of the policy advisory
board of the Texas Department of Economic Development; and
(E) the chair of the Texas Workforce Commission.
SECTION 47.02. Effective September 1, 2003, Section
2308.054(a), Government Code, is amended to read as follows:
(a) A member of the council who does not serve as an ex
officio member serves a six-year term. Approximately one-third
[One-third] of these members' terms expire in each odd-numbered
year.
SECTION 47.03. (a) Of the positions on the Council on
Workforce and Economic Competitiveness that must be filled by a
member who represents community-based organizations, the position
of the member whose term on the council is next scheduled to expire
is abolished on September 1, 2003.
(b) If, of the positions on the Council on Workforce and
Economic Competitiveness that must be filled by a member who
represents community-based organizations, two members have terms
that are next scheduled to expire, one of the positions is abolished
on September 1, 2003. On or before September 1, 2003, both of the
members shall determine by unanimous agreement or by lot which of
the positions shall be abolished on September 1, 2003, and shall
inform the presiding officer of the Council on Workforce and
Economic Competitiveness of that determination.
ARTICLE 48. TEXAS YOUTH COMMISSION
SECTION 48.01. Effective September 1, 2003, Sections
61.012(a) and (c), Human Resources Code, are amended to read as
follows:
(a) The governing board of the Texas Youth Commission
consists of seven [six] members appointed by the governor with the
consent of the senate. Appointments to the board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(c) The board members hold office for staggered terms of six
years, with the terms of two or three members expiring every two
years.
SECTION 48.02. As soon as possible on or after September 1,
2003, the governor shall appoint an additional member to the Texas
Youth Commission for a term expiring August 31, 2009.
ARTICLE 49. CONFORMING AMENDMENT; CONSTRUCTION; EFFECTIVE DATE
SECTION 49.01. Chapter 651, Government Code, is amended by
adding Section 651.008 to read as follows:
Sec. 651.008. UNCONSTITUTIONALLY COMPOSED GOVERNING BODY
WITH SIX-YEAR TERMS. (a) This section applies to the governing
body of a state board or commission or other state agency only if:
(1) by statute the governing body is composed of an
even number of voting members, the appointed members of whom serve
staggered six-year terms; and
(2) there is no provision of the Texas Constitution
under which the governing body is allowed to be composed in that
manner.
(b) Notwithstanding the terms of the statute that
prescribes the composition and terms of the governing body, the
appointed members of the governing body serve two-year terms.
(c) The terms of the members of the governing body who have
served less than two years since the date their current terms began
expire on the second anniversary of the date their current terms
began. The members of the governing body who have served two or
more years since the date their current terms began are considered
to be performing the duties of their office in a holdover capacity
until their successors are qualified in accordance with Section 17,
Article XVI, Texas Constitution.
(d) As soon as possible after it is determined that this
section applies to the governing body, the administrative head of
the state board or commission or other state agency shall inform of
that fact:
(1) each state officer or other entity that by statute
appoints one or more members to the governing body;
(2) the governor and the presiding officer of each
house of the legislature;
(3) each standing committee of each house of the
legislature that under the rules of either house has jurisdiction
over legislative matters pertaining to the board, commission, or
other agency; and
(4) the Legislative Reference Library for purposes of
including current information in the Texas Appointment System
database.
(e) As soon as possible after an appointing officer or
entity is informed under Subsection (d), the appointing authority
shall make any necessary appointments or reappointments to the
governing body to fill the positions of members described by
Subsection (c) who are serving in a holdover capacity. If a member
whose position is being filled has served two or more years but less
than four years of a term, the appointment made under this
subsection is for a term expiring on the fourth anniversary of the
date the term began. If a member whose position is being filled has
served four or more years but less than six years of a term, the
appointment made under this subsection is for a term expiring on the
sixth anniversary of the date the term began.
SECTION 49.02. If this Act requires that a position is to be
abolished on September 1, 2003, and in connection with describing
the position to be abolished incorrectly describes the number of
positions that are required to be filled by a member with an
identified qualification for office with terms that expire on the
date identified by this Act, then:
(1) if there is only one position on the governing body
required to be filled by a member with the identified qualification
for office with a term scheduled to expire on the identified date,
that member's term is abolished; or
(2) if there is more than one position on the governing
body required to be filled by a member with the identified
qualification for office with a term scheduled to expire on the
identified date, all members with the identified qualification for
office with a term scheduled to expire on the identified date shall
meet to determine by unanimous agreement or by lot which member's
position is abolished.
SECTION 49.03. If a conflict exists between this Act and
another Act passed by the 78th Legislature, Regular Session, 2003,
that becomes law, the other law controls unless this Act changes the
composition of a governing body in a manner allowed by the Texas
Constitution and under the other law, the composition and terms of
the governing body do not comply with the Texas Constitution.
SECTION 49.04. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2003.