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A JOINT RESOLUTION
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proposing a constitutional amendment to provide that the Railroad |
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Commission of Texas is governed by a single elected railroad |
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commissioner. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 30, Article XVI, Texas |
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Constitution, is amended to read as follows: |
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(b) When a Railroad Commission is created by law it shall be |
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governed by a single railroad commissioner [composed of three
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Commissioners] who shall be elected by the people at a general |
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election for State officers, and whose term [their terms] of office |
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shall be four [six] years. [And one Railroad Commissioner shall be
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elected every two years.] In case of vacancy in said office the |
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Governor of the State shall fill said vacancy by appointment until |
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the next general election. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, providing that the Railroad Commission of |
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Texas will be governed by a single railroad commissioner instead of |
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by a three-member commission. |
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(b) The first railroad commissioner elected under the |
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amendment shall be elected at the general election held in November |
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2012 to serve for a term that begins January 1, 2013. |
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(c) Until the first railroad commissioner elected under the |
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amendment takes office, the members of the Railroad Commission of |
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Texas serving on the date that the adoption of the amendment by the |
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voters is shown by the official canvass of returns shall, unless |
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otherwise removed as provided by law, continue in office under the |
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prior law that governed the composition of the Railroad Commission |
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of Texas, and that prior law is continued in effect for that |
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purpose. If on January 1, 2013, there is a vacancy in the new office |
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of railroad commissioner created under the amendment because the |
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first railroad commissioner-elect has died or refuses or is |
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permanently unable to serve, the members of the Railroad Commission |
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of Texas serving on the date that the adoption of the amendment by |
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the voters is shown by the official canvass of returns shall, unless |
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otherwise removed as provided by law, continue in office under the |
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prior law that governed the composition of the Railroad Commission |
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of Texas until the governor fills the vacancy by appointment in the |
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manner provided by law. The prior law that governed the composition |
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of the Railroad Commission of Texas is continued in effect for that |
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purpose. At the time that the first railroad commissioner elected, |
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or in extraordinary circumstances appointed, under the amendment |
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takes office, the three-member governing body of the Railroad |
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Commission of Texas is abolished. |
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(d) The railroad commissioner succeeds to all powers, |
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duties, rights, and obligations of the three-member governing body |
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of the Railroad Commission of Texas, and the abolition of the |
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three-member governing body of the commission does not affect the |
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validity of any right, duty, decision, rule, or action of any kind |
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taken by or under the authority of the three-member governing body. |
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(e) This temporary provision expires January 1, 2014. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to provide that the |
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Railroad Commission of Texas will be governed by a single elected |
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railroad commissioner instead of by an elected three-member |
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commission." |