81R23518 MTB-D

By: Farabee, Swinford, Smithee, Strama, H.B. No. 1231

Crownover, et al.

Substitute the following for H.B. No. 1231:

By: Farabee C.S.H.B. No. 1231

A BILL TO BE ENTITLED

AN ACT

relating to providing that the Railroad Commission of Texas is governed by a single railroad commissioner.

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

SECTION 1. Article 6444, Revised Statutes, is amended to read as follows:

Art. 6444. TERMS DEFINED; REFERENCES IN LAW. (a) The term "Commission" as used in this title means the Railroad Commission of Texas, and the term "commissioner" ["Commissioners"] means the railroad commissioner [members of the Railroad Commission of Texas].

(b) In this title, a reference to the commissioners or to the members of the Commission is considered to be a reference to the railroad commissioner. In any state statute, a reference to the railroad commissioners or to the members of the Railroad Commission of Texas is considered to be a reference to the railroad commissioner.

SECTION 2. Article 6447, Revised Statutes, is amended to read as follows:

Art. 6447. THE COMMISSIONER [COMMISSION]. (a) Election.--The Railroad Commission of Texas is governed by the railroad commissioner, who shall be [composed of three members, one of whom shall be] elected [biennially] at a [each] general election for a term of four [six] years.

(b) Qualifications.--The commissioner [members] shall be a resident citizen [citizens] of this State, and a qualified voter [voters] under the Constitution and laws, and not less than twenty-five years of age. The commissioner is [members are] subject to the provisions of Chapter 572, Government Code, that apply to elected officers, including the requirements governing personal financial statements, standards of conduct, and conflicts of interest.

(c) Oath, etc.--Before entering upon the duties of [his] office, the [each] commissioner shall take and subscribe to the official oath and shall in addition thereto swear that the commissioner [he] will to the best of the commissioner's [his] ability faithfully and justly execute and enforce the provisions of this title and all laws of this State under the jurisdiction of the Commission [concerning railroads], which oath shall be filed with the Secretary of State.

(d) Seal [Organization].--The commissioner [commissioners shall elect one of their number chairman. They may make all rules necessary for their government and proceedings. They] shall be known [collectively] as the "railroad commissioner" ["Railroad Commission of Texas,"] and shall have a seal, a star of five points with the words "Railroad Commission of Texas" engraved thereon. The commissioner [They] shall be furnished necessary furniture, stationery, supplies and all necessary expenses, to be paid for on the order of the Governor.

(e) Expenses.--The commissioner [Commissioners] shall receive from the State [their] necessary traveling expenses while traveling on the business of the Commission, which shall include the cost only of transportation while traveling on business for the Commission, upon an itemized statement thereof, sworn to by the commissioner [party who incurred the expense, and approved by the Commission]. Employees of the Commission are entitled to reimbursement for expenses incurred in traveling on the business of the Commission as provided by the General Appropriations Act.

[Sessions.--The Commission may hold its sessions at any place in this State when deemed necessary.]

SECTION 3. Section 81.001(2), Natural Resources Code, is amended to read as follows:

(2) "Commissioner" means [any member of] the railroad commissioner [Railroad Commission of Texas].

SECTION 4. Subchapter A, Chapter 81, Natural Resources Code, is amended by adding Section 81.002 to read as follows:

Sec. 81.002. REFERENCES IN LAW. A reference in law to the chair or presiding officer of the Railroad Commission of Texas or to a member of the Railroad Commission of Texas means the commissioner.

SECTION 5. This Act takes effect January 1, 2013, but only if the constitutional amendment proposed by the 81st Legislature, Regular Session, 2009, providing that the Railroad Commission of Texas will be governed by a single elected railroad commissioner instead of by an elected three-member commission is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.