|
|
|
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 81st Legislature, |
|
Regular Session, 2009, 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 |
|
2010 to serve for a term that begins January 1, 2011. |
|
(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, 2011, 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, 2012. |
|
SECTION 3. This proposed constitutional amendment shall be |
|
submitted to the voters at an election to be held November 3, 2009. |
|
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." |