HBA-ALS  H.J.R. 85 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 85
By: Merritt
State Affairs
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, the three commissioners of the Texas Railroad Commission
(commissioner) are elected to six-year terms. However, since 1940 there has
been a high turnover rate for commissioners and only six have completed the
full six-year term.  H.J.R. 85 proposes a constitutional amendment to
provide that a commissioner who becomes a candidate in any general,
special, or primary election for any other state office during the term for
which the commissioner is elected or appointed is considered to have
automatically resigned the position of commissioner. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30(b), Article XVI, Texas Constitution, to set
forth that any commissioner of the Railroad Commission (commissioner) who
becomes a candidate in any general, special, or primary election for any
other state office of profit or trust under the laws of this state or the
United States during the term for which the commissioner is elected or
appointed is considered to have resigned the office of commissioner.
Requires the vacancy created by the automatic resignation to be filled as
provided by this section. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.