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78R1471 JRD-D
By: Chisum 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. STATE BOARD OF BARBER EXAMINERS
SECTION 4.01. 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 4.02. 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 4.03. 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 5. STATE BOARD OF DENTAL EXAMINERS
SECTION 5.01. 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 5.02. (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 6. TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES
SECTION 6.01. 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 6.02. 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 6.03. 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 7. TEXAS DIABETES COUNCIL
SECTION 7.01. 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 7.02. 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 7.03. (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 8. TEXAS DISTINGUISHED SERVICE AWARDS COMMITTEE
SECTION 8.01. 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 8.02. (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 9. TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL
COMMISSION
SECTION 9.01. 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 9.02. 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 9.03. (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 10. TEXAS COMMISSION ON FIRE PROTECTION
SECTION 10.01. 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 10.02. 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 11. TEXAS BOARD OF HEALTH
SECTION 11.01. 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 11.02. 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 11.03. 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 12. TEXAS HEALTH BENEFITS PURCHASING COOPERATIVE
SECTION 12.01. 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 12.02. 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 13. TEXAS HIGHER EDUCATION COORDINATING BOARD
SECTION 13.01. 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 15 [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 13.02. (a) Of the six positions on the Texas
Higher Education Coordinating Board that have terms scheduled to
expire on August 31, 2003, one of the positions is abolished on
September 1, 2003. On or before September 1, 2003, the governor
shall designate which of the six positions shall be abolished and
shall appoint five 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, 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 August 31, 2005, shall determine by
unanimous agreement or by lot which 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, 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 August 31, 2007, shall determine by
unanimous agreement or by lot which of the six positions shall be
abolished and shall inform the chairman of the Texas Higher
Education Coordinating Board of that determination.
ARTICLE 14. TEXAS HISTORICAL COMMISSION
SECTION 14.01. 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 14.02. (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 15. COMMISSION ON HUMAN RIGHTS
SECTION 15.01. 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 15.02. 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 16. TEXAS BOARD OF HUMAN SERVICES
SECTION 16.01. 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 16.02. (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 17. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
SECTION 17.01. 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 17.02. 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 17.03. 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 18. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
SECTION 18.01. 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 five [six] members appointed by the governor with the
advice and consent of the senate. All five [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 18.02. (a) Of the two positions on the Texas State
Library and Archives Commission that have terms scheduled to expire
on September 28, 2003, 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 September 28, 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 presiding officer of the Texas State Library and Archives
Commission of that determination.
ARTICLE 19. TEXAS COMMISSION OF LICENSING AND REGULATION
SECTION 19.01. 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 19.02. 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 19.03. (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 20. TEXAS STATE BOARD OF MEDICAL EXAMINERS
SECTION 20.01. Effective September 1, 2003, Section
152.002(a), Occupations Code, is amended to read as follows:
(a) The board consists of 17 [18] members appointed by the
governor with the advice and consent of the senate as follows:
(1) eleven [twelve] members who are learned and
eminent physicians licensed in this state for at least three years
before the appointment, eight [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) six members who represent the public.
SECTION 20.02. (a) One of the positions held by a
physician member who must be a graduate of a reputable medical
school or college with a degree of doctor of medicine and whose term
on the Texas State Board of Medical Examiners is scheduled to expire
on April 14, 2005, is abolished September 1, 2003.
(b) On or before September 1, 2003, the physician members
described by Subsection (a) of this section whose terms are
scheduled to expire on April 14, 2005, shall determine by unanimous
agreement or by lot which of the positions shall be abolished on
September 1, 2003, and shall inform the president of the Texas State Board of Medical Examiners of that determination.
ARTICLE 21. OPERATION GAME THIEF COMMITTEE
SECTION 21.01. Effective September 1, 2003, Sections
12.202(a), (b), and (d), Parks and Wildlife Code, are amended to
read as follows:
(a) The director shall appoint an Operation Game Thief
Committee composed of 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 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 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 one-third of
the members[, 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.
(d) If the vote of the full membership of the committee[,
including a chairman emeritus,] results in a tie vote, the chairman
of the committee may vote a second time to break the tie.
SECTION 21.02. The position of the chairman emeritus on the
Operation Game Thief Committee is abolished on September 1, 2003.
ARTICLE 22. TEXAS BOARD OF ORTHOTICS AND PROSTHETICS
SECTION 22.01. 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 22.02. 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 22.03. 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 23. POLYGRAPH EXAMINERS BOARD
SECTION 23.01. Effective September 1, 2003, Section
1703.051(a), Occupations Code, is amended to read as follows:
(a) The Polygraph Examiners Board consists of five [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) one [two] polygraph examiner member [members] who
is a [are] qualified polygraph examiner [examiners] in the
commercial field; and
(3) two members who represent the public.
SECTION 23.02. The position of the commercial polygraph
examiner member whose term on the Polygraph Examiners Board is
scheduled to expire on June 18, 2007, is abolished on September 1,
2003.
ARTICLE 24. PRODUCE RECOVERY FUND BOARD
SECTION 24.01. 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 24.02. 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 25. BOARD OF PROTECTIVE AND REGULATORY SERVICES
SECTION 25.01. 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 25.02. 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 25.03. (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 26. TEXAS REHABILITATION COMMISSION
SECTION 26.01. 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 26.02. (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 27. RISK MANAGEMENT BOARD
SECTION 27.01. 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 27.02. (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 28. STATEWIDE RURAL HEALTH CARE SYSTEM
SECTION 28.01. 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 28.02. 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 28.03. (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 29. COUNCIL ON SEX OFFENDER TREATMENT
SECTION 29.01. 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 29.02. 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 29.03. 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 30. BOARD OF TAX PROFESSIONAL EXAMINERS
SECTION 30.01. 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 30.02. 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 30.03. (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 31. TEXAS VETERANS COMMISSION
SECTION 31.01. 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 31.02. (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 32. TEXAS WORKERS' COMPENSATION COMMISSION
SECTION 32.01. Effective September 1, 2003, Sections
402.001(a) and (c), Labor Code, are amended to read as follows:
(a) The Texas Workers' Compensation Commission is composed
of seven [six] members appointed by the governor with the advice and
consent of the senate.
(c) Three members of the commission must be employers of
labor and three members of the commission must be wage earners. One
member of the commission must be a representative of the general
public. A person is not eligible for appointment as a member of
the commission if the person provides services subject to
regulation by the commission or charges fees that are subject to
regulation by the commission.
SECTION 32.02. Effective September 1, 2003, Section
402.002(a), Labor Code, is amended to read as follows:
(a) Members of the commission hold office for staggered
six-year terms. The[, with the] terms of one member representing
employers and one member representing wage earners expire
[expiring] on February 1 of each odd-numbered year. The term of the
member representing the general public expires on February 1 of
every third odd-numbered year.
SECTION 32.03. As soon as possible on or after September 1,
2003, the governor shall appoint a public member to the Texas
Workers' Compensation Commission for a term expiring February 1,
2009.
ARTICLE 33. TEXAS YOUTH COMMISSION
SECTION 33.01. 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 five [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 one or two members expiring every two
years.
SECTION 33.02. Effective September 1, 2003, Section 61.014,
Human Resources Code, is amended to read as follows:
Sec. 61.014. QUORUM. Three [Four] members constitute a
quorum for the exercise of functions of the commission not
delegated to the executive director or other employees.
SECTION 33.03. (a) Of the two positions on the governing
board of the Texas Youth 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 on September 1, 2003, and shall inform the chairman of the
governing board of the Texas Youth Commission of that
determination.
ARTICLE 34. CONFORMING AMENDMENT; CONSTRUCTION; EFFECTIVE DATE
SECTION 34.01. 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 34.02. 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 and 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; and
(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 34.03. 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 the other law changes the composition of the
governing body in a manner that is not allowed by the Texas
Constitution.
SECTION 34.04. 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.