BILL ANALYSIS H.B. 1115 By: Wilson March 29, 1995 Committee Report (Unamended) BACKGROUND The appointive process is a complicated one, and often due to change in administrations or various difficulties with the appointments process, appointments at all levels of government go unfilled while the term the member was appointed to serve has expired. Often an appointee is allowed, or asked to continue to serve on an interim basis until another appointment can be made. This can have the effect of causing the appointee to serve longer than intended by both the appointee and the terms of the appointment. It is the public that is forced to suffer the consequences because the nature of some of these appointive boards are quite often to oversee some aspect of a public function. This measure would allow the public interest to be served and place the governing board of a city or the commissioners court of a county, in the position to ensure that public business is not delayed, by making an appointment if forty-five days has elapsed since the term of an appointee has expired. PURPOSE H.B. 1115 would allow the commissioners court of a county, or the governing body of a principal city to make an appointment that the appointing entity has failed to make. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 6B, Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973 (Art. 1118x, V.T.C.S.) by adding Subsection (k). (k) for a city of more than 1.2 million population, provides that if 45 days have passed since a term of an appointive member has expired, and the person is serving as a holdover because the appointing entity has failed to make an appointment would allow either (1) the commissioners court of a county or (2) the governing body of a principal city to make the appointment if either of these entities is required to make the appointment or if the appointment is required to be a joint one. SECTION 2. Emergency Clause. SUMMARY OF COMMITTEE ACTION H.B. 1115 was considered by the committee in a public hearing on March 27, 1995. The following people testified in favor of the bill: Rep. Wilson. The bill was reported favorably, without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.