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By: Ratliff S.B. No. 1418
(In the Senate - Filed March 17, 2003; March 20, 2003, read
first time and referred to Committee on Government Organization;
April 15, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 15, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1418 By: Ratliff
A BILL TO BE ENTITLED
AN ACT
relating to ex officio appointments of members of the Texas Senate
to boards and commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 2.004, Agriculture Code,
is amended to read as follows:
(b) The board is composed of the following voting members:
(1) the commissioner of the Texas Department of
Agriculture;
(2) the chair of the House Agriculture and Livestock
Committee;
(3) [the chair of the Senate Natural Resources
Committee Subcommittee on Agriculture;
[(4)] three members of the house of representatives to
be appointed by the speaker of the house, preferably with expertise
in agriculture or from predominately rural or agriculturally
oriented districts; and
(4) four [(5) three] members of the senate to be
appointed by the lieutenant governor, preferably with expertise in
agriculture or from predominately rural or agriculturally oriented
districts.
SECTION 2. Section 71.012, Government Code, is amended to
read as follows:
Sec. 71.012. EX OFFICIO MEMBERS. The ex officio members
are:
(1) the chief justice of the supreme court;
(2) the presiding judge of the court of criminal
appeals;
(3) two members [the chair of the Senate Jurisprudence
Committee;
[(4) one member] of the senate, appointed by the
lieutenant governor;
(4) [(5)] the chair of the House Judicial Affairs
Committee;
(5) [(6)] one member of the house of representatives,
appointed by the speaker of the house;
(6) [(7)] two justices of the courts of appeals
designated by the chief justice of the supreme court;
(7) [(8)] two district judges designated by the chief
justice of the supreme court;
(8) [(9)] two judges of county courts, statutory
county, or statutory probate courts designated by the chief justice
of the supreme court;
(9) [(10)] two justices of the peace designated by the
chief justice of the supreme court; and
(10) [(11)] two municipal court judges designated by
the chief justice of the supreme court.
SECTION 3. Section 71.052, Government Code, is amended to
read as follows:
Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members
are:
(1) the following six members of the council:
(A) the chief justice of the supreme court;
(B) the presiding judge of the court of criminal
appeals;
(C) one of the members [member] of the senate
serving on the council who is designated [appointed] by the
lieutenant governor to serve on the Task Force on Indigent Defense;
(D) the member of the house of representatives
appointed by the speaker of the house;
(E) one of the courts of appeals justices serving
on the council who is designated by the governor to serve on the
Task Force on Indigent Defense; and
(F) one of the county court or statutory county
court judges serving on the council who is designated by the
governor to serve on the Task Force on Indigent Defense or, if a
county court or statutory county court judge is not serving on the
council, one of the statutory probate court judges serving on the
council who is designated by the governor to serve on the task
force;
(2) one other member [the chair] of the senate
appointed by the lieutenant governor [Senate Criminal Justice
Committee]; and
(3) the chair of the House Criminal Jurisprudence
Committee.
SECTION 4. Subsection (a), Section 321.002, Government
Code, is amended to read as follows:
(a) The legislative audit committee consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) [the chairman of the senate state affairs
committee;
[(4)] the chairman of the senate finance committee;
(4) one member of the senate appointed by the
lieutenant governor;
(5) the chairman of the house appropriations
committee; and
(6) the chairman of the house ways and means
committee.
SECTION 5. Subsection (a), Section 322.001, Government
Code, is amended to read as follows:
(a) The Legislative Budget Board consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) [the chairman of the senate state affairs
committee;
[(4)] the chairman of the senate finance committee;
(4) [(5)] the chairman of the house appropriations
committee;
(5) [(6)] the chairman of the house ways and means
committee;
(6) three [(7) two other] members of the senate
appointed by the lieutenant governor; and
(7) [(8)] two other members of the house appointed by
the speaker.
SECTION 6. Subsection (b), Section 323.001, Government
Code, is amended to read as follows:
(b) The council consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chairman [chairmen] of the [senate and] house
administration committee [committees];
(4) five [four other] senators from various areas of
the state appointed by the president of the senate; and
(5) nine other members of the house of representatives
from various areas of the state appointed by the speaker.
SECTION 7. Subsection (b), Section 324.004, Government
Code, is amended to read as follows:
(b) The board consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) [the chairman of the senate finance committee;
[(4)] the chairman of the house appropriations
committee;
(4) two members [(5) one other member] of the senate
appointed by the lieutenant governor; and
(5) [(6)] one other member of the house appointed by
the speaker.
SECTION 8. Section 436.003, Government Code, is amended to
read as follows:
Sec. 436.003. COMPOSITION. The commission is composed of:
(1) nine public members, appointed by the governor;
and
(2) the following ex officio members:
(A) the chair of the committee of the Texas House
of Representatives that has primary jurisdiction of matters
concerning state, federal, and international relations; and
(B) one member [the chair of the committee] of
the Texas Senate appointed by the lieutenant governor [that has
primary jurisdiction of matters concerning veteran affairs and
military installations].
SECTION 9. Subsection (a), Section 436.004, Government
Code, is amended to read as follows:
(a) The nine public members of the commission serve
staggered terms of three years with the terms of one-third of the
members expiring February 1 of each year. The house [A legislative]
member vacates the person's position on the commission if the
person ceases to be the chair of the applicable legislative
committee. The senate member serves at the pleasure of the
lieutenant governor.
SECTION 10. Subsection (f), Section 386.058, Health and
Safety Code, is amended to read as follows:
(f) Ex officio members of the advisory board are:
(1) one member [the presiding officer] of the senate
appointed by the lieutenant governor [standing committee having
primary jurisdiction over matters related to natural resources];
(2) the presiding officer of the house standing
committee having primary jurisdiction over matters related to
environmental regulation;
(3) a representative of the commission, designated by
the executive director;
(4) a representative of the General Land Office,
designated by the Commissioner of the General Land Office;
(5) a representative of the comptroller's office,
designated by the comptroller;
(6) a representative of the Railroad Commission of
Texas, designated by the presiding officer of the agency; and
(7) a representative of the United States
Environmental Protection Agency's Region 6 office, designated by
the United States Environmental Protection Agency Region 6
administrator.
SECTION 11. Subsection (b), Section 91.1135, Natural
Resources Code, is amended to read as follows:
(b) The committee is composed of 10 members as follows:
(1) one member [the presiding officer] of the senate
appointed by the lieutenant governor [committee with primary
jurisdiction over matters affecting natural resources];
(2) the presiding officer of the house committee with
primary jurisdiction over matters affecting energy resources;
(3) one public member appointed by the governor;
(4) one member appointed by the lieutenant governor
from the academic field of geology or economics;
(5) one member appointed by the speaker of the house of
representatives from the academic field of geology or economics;
and
(6) the executive officer, or a person designated by
the executive officer, of each of the following organizations:
(A) the Texas Oil and Gas Association;
(B) the Texas Independent Producers and Royalty
Owners Association;
(C) the Panhandle Producers and Royalty Owners
Association;
(D) the Permian Basin Petroleum Association; and
(E) the Alliance of Energy Producers.
SECTION 12. Section 39.907, Utilities Code, is amended by
amending Subsection (b) and adding Subsection (h) to read as
follows:
(b) The committee is composed of six members as follows:
(1) [the chair of the Senate Committee on Economic
Development and] the chair of the House Committee on State
Affairs[, who shall serve as joint chairs of the committee];
(2) three [two] members of the senate appointed by the
lieutenant governor; and
(3) two members of the house of representatives
appointed by the speaker of the house of representatives.
(h) The chair of the House Committee on State Affairs and
one of the members of the senate serving on the committee,
designated by the lieutenant governor, shall serve as joint chairs
of the committee.
SECTION 13. 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.
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