79R6024 MTB-D

By:  Farabee                                                    H.J.R. No. 88 



A JOINT RESOLUTION

proposing a constitutional amendment to provide that the Railroad 
Commission of Texas is governed by a single elected railroad 
commissioner.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Subsection (b), Section 30, Article XVI, Texas 
Constitution, is amended to read as follows:
	(b)  When a Railroad Commission is created by law it shall be 
governed by a single railroad commissioner [composed of three 
Commissioners] who shall be elected by the people at a general 
election for State officers, and whose term [their terms] of office 
shall be four [six] years.  [And one Railroad Commissioner shall be 
elected every two years.]  In case of vacancy in 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 79th Legislature, 
Regular Session, 2005, providing that the Railroad Commission of 
Texas will be governed by a single railroad commissioner instead of 
by a three-member commission.
	(b)  The first railroad commissioner elected under the 
amendment shall be elected at the general election held in November 
2006 to serve for a term that begins January 1, 2007.
	(c)  Until the first railroad commissioner elected under the 
amendment takes office, the members of the Railroad Commission of 
Texas serving on the date that the adoption of the amendment by the 
voters is shown by the official canvass of returns shall, unless 
otherwise removed as provided by law, continue in office under the 
prior law that governed the composition of the Railroad Commission 
of Texas, and that prior law is continued in effect for that 
purpose.  If on January 1, 2007, there is a vacancy in the new office 
of railroad commissioner created under the amendment because the 
first railroad commissioner-elect has died or refuses or is 
permanently unable to serve, the members of the Railroad Commission 
of Texas serving on the date that the adoption of the amendment by 
the voters is shown by the official canvass of returns shall, unless 
otherwise removed as provided by law, continue in office under the 
prior law that governed the composition of the Railroad Commission 
of Texas until the governor fills the vacancy by appointment in the 
manner provided by law.  The prior law that governed the composition 
of the Railroad Commission of Texas is continued in effect for that 
purpose.  At the time that the first railroad commissioner elected, 
or in extraordinary circumstances appointed, under the amendment 
takes office, the three-member governing body of the Railroad 
Commission of Texas is abolished.
	(d)  The railroad commissioner succeeds to all powers, 
duties, rights, and obligations of the three-member governing body 
of the Railroad Commission of Texas, and the abolition of the 
three-member governing body of the commission does not affect the 
validity of any right, duty, decision, rule, or action of any kind 
taken by or under the authority of the three-member governing body.
	(e)  This temporary provision expires January 1, 2008.                  
	SECTION 3.   This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
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 single elected 
railroad commissioner instead of by an elected three-member 
commission."