HBA-ALS C.S.H.J.R. 85 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.J.R. 85 By: Merritt State Affairs 4/15/1999 Committee Report (Substituted) 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. C.S.H.J.R. 85 proposes a constitutional amendment to provide that a commissioner is ineligible to become a candidate in an election for another public office of profit or trust during the commissioner's term of office. 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 provide that a member of the Railroad Commission (commissioner) is ineligible to become a candidate in any general, special, or primary election for another office of profit or trust under the laws of this state or the United States. 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 (Section 30(b), Article XVI, Texas Constitution) by deleting proposed language which provided for the automatic resignation of a Texas railroad commissioner (commissioner) who announces candidacy or becomes a candidate in an election during the commissioner's term of office, and which required the governor to fill the vacancy by appointment until the next general election. The substitute adds language making the commissioner ineligible for candidacy in an election for another public office during the commissioner's term of office.