This will not come as news to anyone who has kept up with transportation issues in the stimulus package: Dunnam loveth not TxDOT. On Friday he filed H.B. 2701, which would abolish the Transportation Commission and replace it with an elected commissioner. The legislation provides that in the event the office of commissioner becomes vacant, the determination of a replacement would be made by … no, not the governor. The Legislature! A vacancy in the office of commissioner of transportation is filled by election by the legislature. The legislature fills a vacancy 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.