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S.B. No. 409
AN ACT
relating to the membership and duties of the Texas Transportation
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.003, Transportation Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) A reference in law to the commissioner of transportation
means the chair of the commission.
(e) A reference in law to a member of the commission means a
commissioner.
SECTION 2. Subsections (a) and (b), Section 201.051,
Transportation Code, are amended to read as follows:
(a) The Texas Transportation Commission consists of five
[three] members appointed by the governor with the advice and
consent of the senate.
(b) The members shall be appointed to reflect the diverse
geographic regions and population groups of this state. One member
must reside in a rural area.
SECTION 3. Section 201.052, Transportation Code, is amended
to read as follows:
Sec. 201.052. TERMS. Members of the commission serve
staggered six-year terms, with the terms of either one or two
members [one member's term] expiring February 1 of each
odd-numbered year.
SECTION 4. Section 201.053, Transportation Code, is amended
to read as follows:
Sec. 201.053. CHAIR OF THE COMMISSION [COMMISSIONER OF
TRANSPORTATION]. (a) The governor periodically shall designate
one commissioner [member of the commission] as the chair of the
commission [commissioner of transportation], who shall serve as
presiding officer of the commission.
(b) The chair [commissioner] shall:
(1) preside over commission meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) [(2)] report to the governor on the state of
affairs of the department at least quarterly;
(4) [(3)] report to the commission the governor's
suggestions for department operations;
(5) [(4)] report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) [(5)] periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the commission, and the Legislative Budget
Board;
(7) [(6)] designate one or more employees of the
department as a civil rights division of the department and receive
regular reports from the division on the department's efforts to
comply with civil rights legislation and administrative rules;
(8) create subcommittees, appoint commissioners to
subcommittees, and receive the reports of subcommittees to the
commission as a whole;
(9) appoint a commissioner to act in the chair's
absence; and
(10) [(7)] serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation [highway, public
transportation, and aviation purposes].
SECTION 5. Section 201.054, Transportation Code, is amended
to read as follows:
Sec. 201.054. COMMISSION MEETINGS. The commission shall
hold regular meetings at least once a month and special meetings at
the call of the chair [commissioner of transportation or as
provided by commission rule]. Commissioners [Commission members]
shall attend the meetings of the commission. The chair shall
oversee the preparation of an agenda for each meeting and ensure
that a copy is provided to each commissioner at least seven days
before the meeting.
SECTION 6. Subchapter B, Chapter 201, Transportation Code,
is amended by adding Section 201.0545 to read as follows:
Sec. 201.0545. RECOMMENDATIONS TO LEGISLATURE. (a) The
commission shall consider ways in which the department's operations
may be improved and may periodically report to the legislature
concerning potential statutory changes that would improve the
operation of the department.
(b) On behalf of the commission, the chair shall report to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of relevant
legislative committees on legislative recommendations adopted by
the commission and relating to the operation of the department.
SECTION 7. Section 201.057, Transportation Code, is amended
to read as follows:
Sec. 201.057. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission if a commissioner [member]:
(1) does not have at the time of appointment or
maintain during service on the commission the qualifications
required by Section 201.051;
(2) violates a prohibition provided by Section
201.051;
(3) cannot discharge the commissioner's [member's]
duties for a substantial part of the term for which the commissioner
[member] is appointed because of illness or disability; or
(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner [member] is
eligible to attend during a calendar year, unless the absence is
excused by majority vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commissioner [commission member] exists.
(c) If the director knows that a potential ground for
removal exists, the director shall notify the chair of the
commission [commissioner of transportation] of the ground, and the
chair [commissioner] shall notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal relates to the chair [commissioner of
transportation], the director shall notify another commissioner
[member of the commission], who shall notify the governor and the
attorney general that a potential ground for removal exists.
SECTION 8. Subsection (c), Section 202.057, Transportation
Code, is amended to read as follows:
(c) The commission may execute a necessary deed,
conveyance, or agreement, to be signed by the chair of the
commission [commissioner of transportation] as provided by
commission order, for flood control purposes under this section.
SECTION 9. Promptly after this Act takes effect, the
governor shall appoint two additional members to the Texas
Transportation Commission. Of those members, the governor shall
designate one to serve a term expiring February 1, 2007, and one to
serve a term expiring February 1, 2009.
SECTION 10. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 409 passed the Senate on
April 24, 2003, by a viva-voce vote; and that the Senate concurred
in House amendments on May 8, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 409 passed the House, with
amendments, on May 5, 2003, by the following vote: Yeas 82,
Nays 58, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor