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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Texas Transportation Commission |
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and the selection of members of that commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 201.051(a) and (d), Transportation |
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Code, are amended to read as follows: |
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(a) The Texas Transportation Commission consists of three |
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[five] members elected statewide [appointed by the governor with
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the advice and consent of the senate]. |
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(d) A [Except as provided by Subsection (e), a] person may |
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not serve [is not eligible for appointment] as a member of the |
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commission if the person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization that is regulated by or |
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receives funds from the department; |
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(2) directly or indirectly owns or controls more than |
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10 percent interest in a business entity or other organization that |
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is regulated by or receives funds from the department; |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or funds from the department, other than |
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compensation or reimbursement authorized by law for commission |
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membership, attendance, or expenses; or |
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(4) is registered, certified, or licensed by the |
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department. |
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SECTION 2. Section 201.052, Transportation Code, is amended |
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to read as follows: |
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Sec. 201.052. TERMS. Members of the commission serve |
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staggered six-year terms, with the term [terms] of [either] one |
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member [or two members] expiring February 1 of each odd-numbered |
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year. |
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SECTION 3. Section 201.053(a), Transportation Code, is |
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amended to read as follows: |
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(a) The members of the commission shall elect from among |
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their membership [governor periodically shall designate one
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commissioner as] the chair of the commission, who shall serve as |
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presiding officer of the commission. |
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SECTION 4. Section 201.057(a), Transportation Code, is |
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amended to read as follows: |
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(a) It is a ground for removal from the commission if a |
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commissioner: |
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(1) does not have at the time of election or |
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appointment or maintain during service on the commission the |
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qualifications required by Section 201.051; |
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(2) violates a prohibition provided by Section |
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201.051; |
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(3) cannot discharge the commissioner's duties for a |
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substantial part of the term for which the commissioner is elected |
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or appointed because of illness or disability; or |
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(4) is absent from more than half of the regularly |
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scheduled commission meetings that the commissioner is eligible to |
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attend during a calendar year, unless the absence is excused by |
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majority vote of the commission. |
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SECTION 5. Sections 201.059(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) To be eligible to take office as a member of the |
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commission, a person elected or appointed to the commission must |
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complete at least one course of a training program that complies |
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with this section. |
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(c) A person elected or appointed to the commission is |
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entitled to reimbursement for travel expenses incurred in attending |
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the training program, as provided by the General Appropriations Act |
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and as if the person were a member of the commission. |
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SECTION 6. Section 52.092(c), Election Code, is amended to |
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read as follows: |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) commissioner of transportation; |
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(8) railroad commissioner; |
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(9) [(8)] chief justice, supreme court; |
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(10) [(9)] justice, supreme court; |
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(11) [(10)] presiding judge, court of criminal |
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appeals; |
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(12) [(11)] judge, court of criminal appeals. |
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SECTION 7. Sections 201.051(b), (c), and (i), |
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Transportation Code, are repealed. |
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SECTION 8. (a) The first members of the Texas |
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Transportation Commission elected under the changes in law made by |
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this Act shall be elected at the general election held in November |
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2012 to serve for a term that begins February 1, 2013. The members |
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elected at that election shall draw lots to determine which |
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member's term expires February 1, 2015, which member's term expires |
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February 1, 2017, and which member's term expires February 1, 2019. |
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(b) Until the members of the Texas Transportation |
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Commission elected under this Act take office, the governor will |
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continue to appoint members to the Texas Transportation Commission |
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and those members shall, unless otherwise removed as provided by |
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law, continue in office under the prior law that governed the |
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composition of the Texas Transportation Commission, and that prior |
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law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2011. |