81R1000 SLB-D

By: Zerwas H.B. No. 641

A BILL TO BE ENTITLED

AN ACT

relating to the abolition of the Texas Transportation Commission and the creation of a commissioner of transportation as an elected statutory state officer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 201.001(a), Transportation Code, is amended to read as follows:

(a) In this title:

(1) "Commissioner" means the commissioner of transportation ["Commission" means the Texas Transportation Commission].

(2) "Department" means the Texas Department of Transportation.

(3) "Director" means the executive director of the Texas Department of Transportation.

SECTION 2. Section 201.003, Transportation Code, is amended by amending Subsections (b), (d), and (e) and adding Subsection (f) to read as follows:

(b) A reference in law to the State Highway Commission, the [or] State Highway and Public Transportation Commission, or [means] the Texas Transportation Commission means the commissioner of transportation.

(d) A reference in law to the chair of the Texas Transportation Commission means the commissioner of transportation [means the chair of the commission].

(e) A reference in law to a member of the Texas Transportation Commission [commission] means the commissioner of transportation [a commissioner].

(f) A reference in this title to the commission means the commissioner of transportation.

SECTION 3. Section 201.051, Transportation Code, is amended to read as follows:

Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The commissioner is elected for a term of four years [Texas Transportation Commission consists of five members appointed by the governor with the advice and consent of the senate].

(b) To be eligible for election as commissioner or appointment to fill a vacancy in the office of commissioner, a [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.

[(c) Each member of the commission must represent the general public.

[(d) Except as provided by Subsection (e), a person is not eligible for appointment as a member of the commission if the] person or the person's spouse must not:

(1) be [is] employed by or participate [participates] in the management of a business entity or other organization that is regulated by or receives funds from the department;

(2) directly or indirectly own or control [owns or controls] more than 10 percent interest in a business entity or other organization that is regulated by or receives funds from the department;

(3) use or receive [uses or receives] a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for [commission membership, attendance, or] expenses; or

(4) be [is] registered, certified, or licensed by the department.

(c) [(f)] An officer, employee, or paid consultant of a Texas trade association in the field of road construction or maintenance, aviation, or outdoor advertising or a Texas trade association of automobile dealers is not eligible for election or appointment as commissioner [may not be a member of the commission].

(d) [(g)] The spouse of an officer, manager, or paid consultant of a Texas trade association in the field of road construction or maintenance, aviation, or outdoor advertising or a Texas association of automobile dealers is not eligible for election or appointment as commissioner [may not be a member of the commission].

(e) [(h)] A person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department is not eligible for election or appointment as commissioner [may not serve as a member of the commission].

[(i) Appointments to the commission shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.]

(f) [(j)] In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(g) The commissioner is a successor to the Texas Transportation Commission for all purposes, including for the purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III, Texas Constitution.

SECTION 4. Section 201.053, Transportation Code, is amended to read as follows:

Sec. 201.053. DUTIES OF THE COMMISSIONER [CHAIR OF THE COMMISSION]. [(a) The governor periodically shall designate one commissioner as the chair of the commission, who shall serve as presiding officer of the commission.

[(b)] The commissioner [chair] 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;

(2) [(3)] report to the governor on the state of affairs of the department at least quarterly;

(3) [(4) report to the commission the governor's suggestions for department operations;

[(5)] report to the governor on efforts, including legislative requirements, to maximize the efficiency of department operations through the use of private enterprise;

(4) [(6)] periodically review the department's organizational structure and submit recommendations for structural changes to the governor[, the commission,] and the Legislative Budget Board;

(5) [(7)] 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

(6) [(10)] serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.

SECTION 5. Section 504.401(d), Transportation Code, is amended to read as follows:

(d) In this section, "state official" means:

(1) a member of the legislature;

(2) the governor;

(3) the lieutenant governor;

(4) a justice of the supreme court;

(5) a judge of the court of criminal appeals;

(6) the attorney general;

(7) the commissioner of the General Land Office;

(8) the comptroller;

(9) a member of the Railroad Commission of Texas;

(10) the commissioner of agriculture;

(11) the commissioner of transportation;

(12) the secretary of state; or

(13) [(12)] a member of the State Board of Education.

SECTION 6. Section 52.092(c), Election Code, is amended to read as follows:

(c) Statewide offices of the state government shall be listed in the following order:

(1) governor;

(2) lieutenant governor;

(3) attorney general;

(4) comptroller of public accounts;

(5) commissioner of the General Land Office;

(6) commissioner of agriculture;

(7) commissioner of transportation;

(8) railroad commissioner;

(9) [(8)] chief justice, supreme court;

(10) [(9)] justice, supreme court;

(11) [(10)] presiding judge, court of criminal appeals;

(12) [(11)] judge, court of criminal appeals.

SECTION 7. Sections 201.052, 201.054, 201.0545, 201.056, 201.057, 201.058, and 201.059, Transportation Code, are repealed.

SECTION 8. (a) The first commissioner of transportation elected under the changes in law made by this Act shall be elected at the general election held in November 2010 to serve for a term that begins January 1, 2011.

(b) Until the first commissioner of transportation elected under this Act takes office, the members of the Texas Transportation Commission serving on the effective date of this Act shall, unless otherwise removed as provided by law, continue in office under the prior law that governed the composition of the Texas Transportation Commission, and that prior law is continued in effect for that purpose. If on January 1, 2011, there is a vacancy in the new office of commissioner of transportation created under this Act because the first commissioner of transportation-elect has died or refuses or is permanently unable to serve, the members of the Texas Transportation Commission serving on the effective date of this Act shall, unless otherwise removed as provided by law, continue in office under the prior law that governed the composition of the Texas Transportation Commission until the governor fills the vacancy by appointment in the manner provided by law. The prior law that governed the composition of the Texas Transportation Commission is continued in effect for that purpose. At the time that the first commissioner of transportation that is elected, or in extraordinary circumstances appointed, under this Act takes office, the Texas Transportation Commission is abolished.

(c) The commissioner of transportation succeeds to all powers, duties, rights, and obligations of the Texas Transportation Commission, and the abolition of the Texas Transportation 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 commission.

(d) Not later than January 1, 2012, the commissioner of transportation shall provide to the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees of each house of the legislature with primary jurisdiction over transportation issues:

(1) a strategic plan for the department; and

(2) a detailed plan describing how the department intends to meet its goals.

SECTION 9. This Act takes effect September 1, 2009.