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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolition of the Texas Transportation Commission, |
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the creation of the commissioner of transportation as an elected |
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statutory state officer and the commissioner's power and duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.003, Transportation Code, is amended |
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to read as follows: |
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Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A |
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reference in law to the State Highway Department, Texas Highway |
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Department, or State Department of Highways and Public |
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Transportation means the Texas Department of Transportation. |
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(b) A reference in law to the State Highway Commission, [or] |
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State Highway and Public Transportation Commission, or Texas |
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Transportation Commission means the commissioner of transportation |
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[Texas Transportation Commission]. |
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(c) A reference in law to the State Highway Engineer, [or] |
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State Engineer-Director for Highways and Public Transportation, or |
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[means] the director of the Texas Department of Transportation |
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means the commissioner of transportation. |
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(d) [A reference in law to the commissioner of
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transportation means the chair of the commission.
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Department of Transportation to take an action shall be construed |
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to authorize the commissioner of transportation to take that action |
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[to a member of the commission means a commissioner]. |
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SECTION 2. Subchapter B, Chapter 201, Transportation Code, |
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is amended to read as follows: |
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SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION] |
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Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The |
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commissioner is elected for a term of four years [Texas
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Transportation Commission consists of five members appointed by the
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governor with the advice and consent of the senate]. |
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(b) A person is not eligible for election as commissioner |
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if, at any time during the five-year period immediately preceding |
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the person's election, a [The members shall be appointed to reflect
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the diverse geographic regions and population groups of this state.
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One member must reside in a rural area.
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[(c)
Each member of the commission must represent the
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general public.
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[(d)
Except as provided by Subsection (e), a person is not
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eligible for appointment as a member of the commission if the] |
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person or the person's spouse: |
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(1) was [is] employed by or participated |
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[participates] in the management of a business entity or other |
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organization that is regulated by or receives funds from the |
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department; |
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organization that is regulated by or receives funds from the |
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department; |
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(2) directly or indirectly owned or controlled [owns
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or controls] more than 10 percent interest in a business entity or |
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other organization that is regulated by or receives funds from the |
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department; |
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(3) used or received [uses or receives] a substantial |
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amount of tangible goods, services, or funds from the department, |
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other than compensation or reimbursement authorized by law for |
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[commission membership, attendance, or] expenses; or |
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(4) was [is] registered, certified, or licensed by the |
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department;[.] |
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(5) was an [(f) An] officer, employee, or paid |
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consultant of a Texas trade association in the field of road |
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construction or maintenance, aviation, or outdoor advertising or a |
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Texas trade association of automobile dealers; or [may not be a
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member of the commission.
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(g)
The spouse of an officer, manager, or paid
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consultant of a Texas trade association in the field of road
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construction or maintenance, aviation, or outdoor advertising or a
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Texas association of automobile dealers may not be a member of the
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commission.] |
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(6) was [(h) A person] required to register as a |
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lobbyist under Chapter 305, Government Code, because of the |
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person's activities for compensation on behalf of a profession |
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related to the operation of the department [may not serve as a
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member of the commission]. |
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(c) A vacancy in the office of commissioner of |
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transportation is filled by election by the legislature. The |
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legislature fills a vacancy by the vote of each house sitting |
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separately. A person is elected as commissioner of transportation |
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by the legislature if the person receives a majority of the votes |
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cast in each house for the person's election. [(i)
Appointments to
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the commission shall be made without regard to race, color,
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disability, sex, religion, age, or national origin of the
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appointees and shall reflect the diversity of the population of the
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state as a whole.
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(d) [(j)] In this section, "Texas trade association" means |
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a nonprofit, cooperative, and voluntarily joined association of |
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business or professional competitors in this state designed to |
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assist its members and its industry or profession in dealing with |
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mutual business or professional problems and in promoting their |
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common interest. |
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(e) The commissioner is a successor to the Texas |
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Transportation Commission for all purposes, including for the |
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purposes of Sections 49-k, 49-l, 49-m, 49-n, and 49-o, Article III, |
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Texas Constitution. |
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Sec. 201.052. CERTAIN DUTIES. [TERMS. Members of the
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commission serve staggered six-year terms, with the terms of either
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one or two members expiring February 1 of each odd-numbered year.
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[Sec.
201.053.
CHAIR OF THE COMMISSION.
(a)
The governor
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periodically shall designate one commissioner as the chair of the
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commission, who shall serve as presiding officer of the commission.
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[(b)] The commissioner [chair] shall: |
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(1) [preside over [commission] meetings, make rulings
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on motions and points of order, and determine the order of business;
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(2)] represent the department in dealing with the |
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governor; |
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(2) [(3)] report to the governor on the state of |
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affairs of the department at least quarterly; |
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(3) [(4)] [report to the commission the governor's
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suggestions for department operations;
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(5)] report to the governor on efforts, including |
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legislative requirements, to maximize the efficiency of department |
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operations through the use of private enterprise; |
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(4) [(6)] periodically review the department's |
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organizational structure and submit recommendations for structural |
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changes to the governor[, the commission], the standing, special, |
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and joint committees of each house of the legislature with |
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jurisdiction over the department, and the Legislative Budget Board; |
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(5) [(7)] designate one or more employees of the |
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department as a civil rights division of the department and receive |
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regular reports from the division on the department's efforts to |
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comply with civil rights legislation and administrative rules; |
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(6) [(8)
create subcommittees, appoint commissioners
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to subcommittees, and receive the reports of subcommittees to the
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commission as a whole;
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[(9)] appoint a deputy commissioner to act in the |
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commissioner's [chair's] absence; and |
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(7) [(10)] serve as the department's [departmental] |
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liaison with the governor and the Office of State-Federal Relations |
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to maximize federal funding for transportation. |
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[Sec.
201.054.
COMMISSION MEETINGS.
The commission shall
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hold regular meetings at least once a month and special meetings at
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the call of the chair.
Commissioners shall attend the meetings of
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the commission. The chair shall oversee the preparation of an
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agenda for each meeting and ensure that a copy is provided to each
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commissioner at least seven days before the meeting.] |
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Sec. 201.055 [201.0545]. RECOMMENDATIONS TO LEGISLATURE. |
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(a) The commissioner [commission] shall consider ways in which the |
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department's operations may be improved and may periodically report |
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to the legislature concerning potential statutory changes that |
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would improve the operation of the department. |
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(b) The commissioner [On behalf of the commission, the
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chair] shall report to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the presiding officers |
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of the standing, special, and joint committees of each house of the |
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legislature with jurisdiction over the department [relevant
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legislative committees] on legislative recommendations adopted by |
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the commissioner [commission] and relating to the operation of the |
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department. |
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Sec. 201.056 [201.056]. COMPENSATION. The commissioner [A
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member of the commission] is entitled to compensation as provided |
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by the General Appropriations Act. If compensation for the |
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commissioner [members] is not provided by that Act, the |
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commissioner [each member] is entitled to compensation equal to |
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one-half of the compensation paid to the governor [reimbursement
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for actual and necessary expenses incurred in performing functions
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as a member of the commission]. |
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Sec. 201.057 [201.057]. GROUNDS FOR REMOVAL. [(a)] It is a |
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ground for removal [from the commission] if the [a] commissioner: |
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(1) does not have at the time of election |
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[appointment] or maintain during service as commissioner [on the
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commission] the qualifications required by Section 201.051; |
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(2) violates a prohibition provided by Section |
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201.051; or |
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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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(b)
The validity of an action of the commission is not
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affected by the fact that it is taken when a ground for removal of a
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commissioner exists.
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(c)
If the director knows that a potential ground for
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removal exists, the director shall notify the chair of the
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commission of the ground, and the chair shall notify the governor
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and the attorney general that a potential ground for removal
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exists. If the potential ground for removal relates to the chair,
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the director shall notify another commissioner, who shall notify
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the governor and the attorney general that a potential ground for
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removal exists.] |
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Sec.
201.058.
INFORMATION ON QUALIFICATIONS AND CONDUCT.
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The department shall provide to the members of the commission, as
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often as necessary, information concerning the members'
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qualifications for office under Subchapter B and their
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responsibilities under applicable laws relating to standards of
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conduct for state officers.
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Sec.
201.059.
TRAINING ON DEPARTMENT AND CERTAIN LAWS
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RELATING TO DEPARTMENT. (a)
To be eligible to take office as a
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member of the commission, a person 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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(b)
The training program must provide information to the
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person regarding:
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(1) this subchapter;
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(2) the programs operated by the department;
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(3) the role and functions of the department;
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(4)
the rules of the department with an emphasis on the
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rules that relate to disciplinary and investigatory authority;
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(5) the current budget for the department;
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(6)
the results of the most recent formal audit of the
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department;
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(7) the requirements of the:
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(A)
open meetings law, Chapter 551, Government
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Code;
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(B)
open records law, Chapter 552, Government
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Code; and
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(C)
administrative procedure law, Chapter 2001,
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Government Code;
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(8)
the requirements of the conflict of interest laws
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and other laws relating to public officials; and
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(9)
any applicable ethics policies adopted by the
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commission or the Texas Ethics Commission.
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(c)
A person appointed to the commission is entitled to
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reimbursement for travel expenses incurred in attending the
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training program, as provided by the General Appropriations Act and
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as if the person were a member of the commission.] |
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SECTION 3. Sections 201.201 and 201.202, Transportation |
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Code, are amended to read as follows: |
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Sec. 201.201. GOVERNANCE OF DEPARTMENT. The [commission
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governs the Texas Department of Transportation] department is under |
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the direction of the commissioner, who is responsible for |
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exercising the powers and performing the duties assigned to the |
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department by this code or other law. |
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Sec. 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The |
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commissioner [commission] shall organize the department into |
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divisions to accomplish the department's functions and the duties |
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assigned to it, including divisions for: |
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(1) aviation; |
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(2) highways and roads; |
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(3) public transportation; [and] |
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(4) motor vehicle titles and registration; and |
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(5) rail transportation. |
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(b) The person designated by the commissioner [director] to |
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supervise the division responsible for highways and roads must be a |
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registered professional engineer experienced and skilled in |
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highway construction and maintenance. |
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[(c)
In appointing a person to supervise a function
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previously performed by the former State Department of Highways and
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Public Transportation, Texas Department of Aviation, or Texas
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Turnpike Authority, preference shall be given to a person employed
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in a similar position in that former agency.] |
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SECTION 4. Subchapter E, Chapter 201, Transportation Code, |
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is amended to read as follows: |
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[SUBCHAPTER E. DIRECTOR] |
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Sec. 201.053 [201.301]. [EXECUTIVE DIRECTOR.
(a)
The
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commission shall elect an executive director for the department.
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The director must be a registered professional engineer in this
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state and experienced and skilled in transportation planning,
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development, construction, and maintenance.
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[(b) The director serves at the will of the commission.
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[(d) The director shall:
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[(1)
serve the commission in an advisory capacity,
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without vote; and
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[(2)
submit to the commission, quarterly, annually,
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and biennially, detailed reports of the progress of public road
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construction, detailed reports of public and mass transportation
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development, and detailed statements of expenditures.
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[(e)
The director is entitled to actual expenses for and
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related to travel away from Austin in performance of the director's
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duties under the direction of the commission.
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[Sec. 201.302.] STATE ROAD MAP. The commissioner |
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[director] shall make, regularly revise, and keep in a form |
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convenient for examination in the office of the department a |
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complete road map of the state that shows road construction in the |
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counties. |
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Sec. 201.054 [201.303]. USE OF UNIVERSITY LABORATORIES FOR |
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ANALYZING MATERIALS. The commissioner [director] may use |
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laboratories maintained at Texas A&M University and The University |
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of Texas to test and analyze road and bridge material. Persons in |
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charge of the laboratories shall cooperate with and assist the |
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commissioner [director] with those tests and analyses. |
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SECTION 5. Section 504.401(d), Transportation Code, is |
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amended to read as follows: |
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(d) In this section, "state official" means: |
|
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(1) a member of the legislature; |
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(2) the governor; |
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(3) the lieutenant governor; |
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(4) a justice of the supreme court; |
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(5) a judge of the court of criminal appeals; |
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(6) the attorney general; |
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(7) the commissioner of the General Land Office; |
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(8) the comptroller; |
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(9) a member of the Railroad Commission of Texas; |
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(10) the commissioner of agriculture; |
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(11) the commissioner of transportation; |
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(12) the secretary of state; or |
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(13) [(12)] a member of the State Board of Education. |
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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. Section 223.105, Transportation Code, is |
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repealed. |
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SECTION 8. (a) On the effective date of this Act: |
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(1) The Texas Transportation Commission and the office |
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of executive director of the Texas Department of Transportation are |
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abolished. |
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(2) The members of the Texas Transportation Commission |
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and the executive director of the Texas Department of |
|
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Transportation do not continue in office. |
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(3) The members of the Texas Transportation Commission |
|
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and the executive director of the Texas Department of |
|
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Transportation serving on the effective date of this Act are not |
|
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entitled to any further compensation or reimbursement of actual and |
|
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necessary expenses incurred in the performance of their duties that |
|
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are incurred after the effective date of this Act. |
|
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(b) The first commissioner of transportation elected under |
|
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the changes in law made by this Act shall be elected at the general |
|
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election held in November 2010 to serve for a term that begins |
|
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January 1, 2011. |
|
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(c) Until the first commissioner of transportation elected |
|
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under this Act takes office, the governor may not make an |
|
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appointment to fill a vacancy in the office of commission of |
|
|
transportation. The legislature shall elect the initial |
|
|
commissioner of transportation by the vote of each house sitting |
|
|
separately. A person is elected as commissioner of transportation |
|
|
by the legislature if the person receives a majority of the votes |
|
|
cast in each house for the person's election. A person's election |
|
|
is not void if the person is elected before the effective date of |
|
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this Act. |
|
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(d) If, on January 1, 2011, there is a vacancy in the new |
|
|
office of commissioner of transportation created under this Act |
|
|
because the first commissioner of transportation-elect has died or |
|
|
refuses or is permanently unable to serve, the legislature shall |
|
|
elect a commissioner in the manner provided under Subsection (c). |
|
|
(e) The commissioner of transportation succeeds to all |
|
|
powers, duties, rights, and obligations of the Texas Transportation |
|
|
Commission, and the abolition of the Texas Transportation |
|
|
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 commission. |
|
|
SECTION 9. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |