78R6742 MTB-D

By:  West                                                       H.J.R. No. 73 


A JOINT RESOLUTION
proposing a constitutional amendment to provide that the Railroad Commission of Texas is governed by a five-member commission, two of whom are appointed by the governor. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 30(b), Article XVI, Texas Constitution, is amended to read as follows: (b) When a Railroad Commission is created by law it shall be composed of five [three] Commissioners. Three of the Commissioners [who] shall be elected by the people at a general election for State officers and two of the Commissioners shall be appointed by the Governor. Their[, and their] terms of office shall be for six years. And one or two Railroad Commissioners [Commissioner] shall be elected or appointed every two years. In case of vacancy in an elected position [said office] the Governor of the State shall fill said vacancy by appointment until the next general election. SECTION 2. The following temporary provision is added to the Texas Constitution: TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, providing that the Railroad Commission of Texas will be governed by a five-member commission consisting of three elected commissioners and two appointed commissioners instead of an elected three-member commission. (b) The first two railroad commissioners appointed under the amendment shall be appointed by the governor to serve terms that expire January 1, 2007, and January 1, 2009, respectively. (c) This temporary provision expires January 1, 2009. SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2003. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to provide that the Railroad Commission of Texas will be governed by a five-member commission consisting of three elected commissioners and two commissioners appointed by the governor instead of an elected three-member commission."