By: Merritt H.J.R. No. 115

A JOINT RESOLUTION

proposing a constitutional amendment to provide that a railroad commissioner is ineligible to become a candidate for another public office during the term for which the railroad commissioner is elected or appointed.

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

SECTION 1. Section 30(b), Article XVI, Texas Constitution, is amended to read as follows:

(b) When a Railroad Commission is created by law it shall be composed of three Commissioners who shall be elected by the people at a general election for State officers, and their terms of office shall be six years. Railroad Commissioners first elected after this amendment goes into effect shall hold office as follows: One shall serve two years, and one four years, and one six years; their terms to be decided by lot immediately after they shall have qualified. And one Railroad Commissioner shall be elected every two years thereafter. In case of vacancy in said office the Governor of the State shall fill said vacancy by appointment until the next general election. A Commissioner is ineligible during the term for which the Commissioner is elected or appointed to become a candidate in any general, special, or primary election for any other office of profit or trust under the laws of this State or the United States. A person must resign from the Commission before becoming a candidate for any other office of profit or trust under the laws of this State or the United States.

SECTION 2. 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 a railroad commissioner is ineligible to become a candidate for another public office during the term for which the railroad commissioner is elected or appointed."