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.