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.