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Amend HB 300 (House Committee printing), 81st Legislative
Session, on third reading by amending and adding appropriately
numbered Section(s) of the bill, and renumbering the sections of
the bill appropriately to read as follows:
Chapter 201, Title 6, Subtitle A, Transportation Code, is
amended by adding and amending appropriately lettered and numbered
Subchapter and Section references, relating to the abolition of the
Texas Transportation Commission and the creation of the
commissioner of transportation as an elected statutory state
officer, to read as follows:
On page 1, after line 8 and before line 9, Section 201.003,
Transportation Code, is amended to read as follows:
Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A
reference in law to the State Highway Department, Texas Highway
Department, or State Department of Highways and Public
Transportation means the Texas Department of Transportation.
(b) A reference in law to the State Highway Commission, [or]
State Highway and Public Transportation Commission, or Texas
Transportation Commission means the elected commissioners of
transportation [Texas Transportation Commission].
(c) A reference in law to the State Highway Engineer, [or]
State Engineer-Director for Highways and Public Transportation, or
[means] the director of the Texas Department of Transportation
means the chair of the commission of transportation.
(d) [A reference in law to the commissioner of
transportation means the chair of the commission.
[(e)] A [reference in] law that authorizes the Texas
Transportation Commission to authorize the director of the Texas
Department of Transportation to take an action shall be construed
to authorize the chair of the commission of transportation to take
that action [to a member of the commission means a commissioner].
On page 2, after line 9, Subchapter B, Chapter 201,
Transportation Code, is amended by adding subparagraphs (1) - (5)
to subparagraph (a) of Sec. 201.051, by inserting and renumbering
subparagraphs (f) - (j) as subparagraphs (a)(1) - (a)(4) and adding
a new subparagraph (a)(5), renumbering former subparagraph (b) as
new subparagraph (c), and repealing former subparagraphs (c) and
(i) of Section 201.051, to read as follows:
SUBCHAPTER B. TEXAS TRANSPORTATION COMMISSION
Sec. 201.051. COMMISSION. (a) The Texas Transportation
Commission shall consist of five fifteen (15) members, appointed
by the governor with the advice and consent of the senate, fourteen
(14) of whom shall be elected from geographic districts and one (1)
of whom shall be elected at large and serve as chair of the
commission.
(1) [(f)] An officer, employee, or paid consultant of
a Texas trade association in the field of road construction or
maintenance, aviation, or outdoor advertising or a Texas trade
association of automobile dealers is not eligible for election or
appointment as commissioner [may not be a member of the
commission].
(2) [(g)] The spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of road
construction or maintenance, aviation, or outdoor advertising or a
Texas association of automobile dealers is not eligible for
election or appointment as commissioner [may not be a member of the
commission].
(3) [(h)] A person required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the department is not eligible for election or
appointment as commissioner [may not serve as a member of the
commission].
(4) [(j)] In this section, "Texas trade association"
means a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(5) The elected commissioners reconstituted as the
Texas Transportation Commission shall be the successors to the
appointed Texas Transportation Commission for all purposes,
including for the purposes of Sections 49-k, 49-l, 49-m, 49-n, and
49-o, Article III, Texas Constitution.
(b) [The members shall be appointed to reflect the diverse
geographic regions and population groups of this state. One member
must reside in a rural area. The legislature shall, at its first
regular session after the publication of each United States
decennial census, reapportion the geographic districts described
in Subsection (a). The districts shall be substantially equal in
population, according to the most recent United States decennial
census. The legislature shall consider county lines, senatorial and
representative districts, and commissioners' precincts in the
reapportionment process.
[(c) Each member of the commission must represent the
general public.
(c) [ Except as provided by Subsection (e), a person is not
eligible for appointment as a member of the commission if the] To be
eligible for election as commissioner, or appointment to fill a
vacancy in the office of commissioner, a person or the person's
spouse may not:
(1) be [is] employed by or participate [participates]
in the management of a business entity or other organization that is
regulated by or receives funds from the department;
(2) directly or indirectly own or control [owns or
controls] more than 10 percent interest in a business entity or
other organization that is regulated by or receives funds from the
department;
(3) use or receive [uses or receives] a substantial
amount of tangible goods, services, or funds from the department,
other than compensation or reimbursement authorized by law for
[commission membership, attendance, or] expenses; or
(4) be [is] registered, certified, or licensed by the
department.
[(i) Appointments to the commission shall be made without
regard to race, color, disability, sex, religion, age, or national
origin of the appointees and shall reflect the diversity of the
population of the state as a whole.]
On page 2 after line 19, and before page 4, line 3, Sections
201.053, 201.054, 201.0545, 201.056, 201.057, 201.058, and 201.059
of the Transportation Code are amended and renumbered appropriately
as follows:
Sec. 201.053. CHAIR OF THE COMMISSION. (a) The member of
the commission elected at large is [The governor periodically shall
designate one commissioner as the chair of the commission, who
shall serve as presiding officer of the commission.
(b) The chair shall:
(1) preside over commission meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) [report to the commission the governor's
suggestions for department operations;
[(5)] report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(5) [(6)] periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the commission, and the Legislative Budget
Board;
(6) [(7)] designate one or more employees of the
department as a civil rights division of the department and receive
regular reports from the division on the department's efforts to
comply with civil rights legislation and administrative rules;
(7) [(8) ] create subcommittees, appoint
commissioners to subcommittees, and receive the reports of
subcommittees to the commission as a whole;
(8) [(9)] may appoint a deputy commissioner to act in
the chair's absence; and
(9) [(10)] serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
Sec. 201.053 [201.0545]. RECOMMENDATIONS TO LEGISLATURE.
(a) The commission shall consider ways in which the department's
operations may be improved and may periodically report to the
legislature concerning potential statutory changes that would
improve the operation of the department.
(b) On behalf of the commission, the chair shall report to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of relevant
legislative committees on legislative recommendations adopted by
the commission and relating to the operation of the department.
Sec. 201.054 [201.056]. COMPENSATION. The commissioners
[A member of the commission] are entitled to compensation as
provided by the General Appropriations Act. If compensation for
the commissioners [members] is not provided by that Act, the
commissioners [each member] is entitled to reimbursement for actual
and necessary expenses incurred in performing functions as a
commissioner [a member of the commission].
Sec. 201.055 [201.057]. GROUNDS FOR REMOVAL. [(a)] It is
a ground for removal [from the commission] if a commissioner:
(1) does not have at the time of election or
appointment or maintain during service as commissioner [on the
commission] the qualifications required by this chapter;
(2) violates a prohibition provided by this chapter;
or
(3) cannot discharge the commissioner's duties for a
substantial part of the term for which the commissioner is elected
or appointed because of illness or disability[; or
[(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner is eligible to
attend during a calendar year, unless the absence is excused by
majority vote of the commission].
[(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commissioner exists.
[(c) If the director knows that a potential ground for
removal exists, the director shall notify the chair of the
commission of the ground, and the chair shall notify the governor
and the attorney general that a potential ground for removal
exists. If the potential ground for removal relates to the chair,
the director shall notify another commissioner, who shall notify
the governor and the attorney general that a potential ground for
removal exists.]
Sec. 201.056 [201.058]. INFORMATION ON QUALIFICATIONS AND
CONDUCT. The department shall provide to the commissioners
[members of the commission], as often as necessary, information
concerning the commissioners' [members'] qualifications for office
and the commissioners' [under Subchapter B and their]
responsibilities under applicable laws relating to standards of
conduct for state officers.
[Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
RELATING TO DEPARTMENT. (a) To be eligible to take office as a
member of the commission, a person appointed to the commission must
complete at least one course of a training program that complies
with this section.
[(b) The training program must provide information to the
person regarding:
[(1) this subchapter;
[(2) the programs operated by the department;
[(3) the role and functions of the department;
[(4) the rules of the department with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the department;
[(6) the results of the most recent formal audit of the
department;
[(7) the requirements of the:
[(A) open meetings law, Chapter 551, Government
Code;
[(B) open records law, Chapter 552, Government
Code; and
[(C) administrative procedure law, Chapter 2001,
Government Code;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
[(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
[(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the commission.]
At page 6, after line 12, Sections 201.201 and 201.202,
Transportation Code, are amended to read as follows:
Sec. 201.201. GOVERNANCE OF DEPARTMENT. The commission
governs the Texas Department of Transportation.
Sec. 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The
commission shall organize the department into divisions to
accomplish the department's functions and the duties assigned to
it, including divisions for:
(1) aviation;
(2) highways and roads;
(3) public transportation; and
(4) rail transportation [motor vehicle titles and
registration].
(b) The person designated by the chair of the commission
[director] to supervise the division responsible for highways and
roads must be a registered professional engineer experienced and
skilled in highway construction and maintenance.
[(c) In appointing a person to supervise a function
previously performed by the former State Department of Highways and
Public Transportation, Texas Department of Aviation, or Texas
Turnpike Authority, preference shall be given to a person employed
in a similar position in that former agency.]
At page 9, after line 10, Subchapter E, Chapter 201,
Transportation Code, Sections 201.301, 201.302, and 201.303 are
amended and renumbered appropriately to read as follows:
SUBCHAPTER E. STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR]
Sec. 201.301. [EXECUTIVE DIRECTOR. (a) The commission
shall elect an executive director for the department. The director
must be a registered professional engineer in this state and
experienced and skilled in transportation planning, development,
construction, and maintenance.
[(b) The director serves at the will of the commission.
[(d) The director shall:
[(1) serve the commission in an advisory capacity,
without vote; and
[(2) submit to the commission, quarterly, annually,
and biennially, detailed reports of the progress of public road
construction, detailed reports of public and mass transportation
development, and detailed statements of expenditures.
[(e) The director is entitled to actual expenses for and
related to travel away from Austin in performance of the director's
duties under the direction of the commission.
[Sec. 201.302.] STATE ROAD MAP. The chair of the commission
[director] shall make, regularly revise, and keep in a form
convenient for examination in the office of the department a
complete road map of the state that shows road construction in the
counties.
Sec. 201.302 [201.303]. USE OF UNIVERSITY LABORATORIES
FOR ANALYZING MATERIALS. The chair of the commission [director]
may use laboratories maintained at Texas A&M University and The
University of Texas to test and analyze road and bridge material.
Persons in charge of the laboratories shall cooperate with and
assist the chair of the commission [director] with those tests and
analyses.
On page 76 after line 14, Section 223.105, Transportation
Code, is repealed.
On page 77 after line 7, Section 504.401(d), Transportation
Code, is amended and subparagraph (11) is added, and subparagraphs
(12) and (13) renumbered appropriately to read as follows:
(d) In this section, "state official" means:
(1) a member of the legislature;
(2) the governor;
(3) the lieutenant governor;
(4) a justice of the supreme court;
(5) a judge of the court of criminal appeals;
(6) the attorney general;
(7) the commissioner of the General Land Office;
(8) the comptroller;
(9) a member of the Railroad Commission of Texas;
(10) the commissioner of agriculture;
(11) the commissioners of transportation;
(12) the secretary of state; or
(13) [(12)] a member of the State Board of Education.
On page 82, after line 21, Section 52.092(c), a new Section is
added and the Election Code is amended by adding subparagraph (7)
and renumbering subparagraphs (8)-(12) appropriately, to read as
follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) commissioners of transportation;
(8) railroad commissioner;
(9) [(8)] chief justice, supreme court;
(10) [(9)] justice, supreme court;
(11) [(10)] presiding judge, court of criminal
appeals;
(12) [(11)] judge, court of criminal appeals.
An appropriately numbered Section is added to the bill, and
other subsequent Sections of the Bill renumbered appropriately, to
read as follows:
SECTION ____. (a) The first chair of the commission of
transportation elected under the changes in law made by this Act
shall be elected at the general election held in November, 2010 to
serve for a term that begins January 1, 2011.
(b) Until the first commissioner of transportation elected
under this Act takes office, the members of the Texas
Transportation Commission and the executive director of the Texas
Department of Transportation serving on the effective date of this
Act shall, unless otherwise removed as provided by law, continue in
office under the prior law that governed the composition of the
Texas Transportation Commission, 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 commissioner of transportation created under
this Act because the first chair-elect of the commission of
transportation has died or refuses or is permanently unable to
serve, the members of the Texas Transportation Commission and the
executive director of the Texas Department of Transportation
serving on the effective date of this Act shall, unless otherwise
removed as provided by law, continue in office under the prior law
that governed the composition of the Texas Transportation
Commission until the governor fills the vacancy by appointment in
the manner provided by law. The prior law that governed the
composition of the Texas Transportation Commission and the
executive director of the Texas Department of Transportation is
continued in effect for that purpose. At the time that the first
chair-elect of the commission of transportation that is elected, or
in extraordinary circumstances appointed, under this Act takes
office, the chair shall serve as sole commissioner until the
election of the remaining fourteen (14) commissioners of the Texas
Transportation Commission.
(c) The newly elected commissioners of transportation
succeed to all powers, duties, rights, and obligations of the Texas
Transportation Commission, and the reconstituted Texas
Transportation Commission as elected shall not affect the validity
of any right, duty, decision, rule, or action of any kind taken by
or under the authority of the commission.