IMF H.J.R. 63 75(R)BILL ANALYSIS


STATE AFFAIRS
H.J.R. 63
By: Gallego
5-9-97
Committee Report (Unamended)



BACKGROUND 

Article 16, Sec. 30a of the Texas Constitution allows members of the Board
of Regents of a State University and boards of trustees or managers of
certain institutions of the State to hold office for the term of six
years.  One-third of the members of such boards are to be elected or
appointed every two years. 

No mention is made of the specific number of members required or allowed
on each board. However, because of  the requirement that 1/3 of the board
members be elected or appointed every 2 years,  the legal interpretation
of this section has required that the number of  boards members be
divisible by 3.   Thus, when the legislature chooses to increase the size
of a board, it must go to from 3 to 6, 9, 12 and so on.      
PURPOSE

As proposed, H.J.R. 63 would allow for an odd number of members, no less
than three, to serve on boards and commissions and disallowing
even-numbered boards.  Article 16, Sec. 30a would provide for the election
of "approximately" one-third of the members to be elected or appointed
every two years.   

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 30a, Article XVI of the Texas Constitution to
require that any state board, commission, or other state agency may be
composed of an odd number of three or more members. 

SECTION 2(a).  Adds a temporary provision to the Texas Constitution that
applies to the above SECTION. 

SECTION 2(b).  Requires the legislature to provide the changes required by
this resolution by law by September 1, 2001. 

SECTION 2(c).  Allows a governing body of a state agency to continue to
act as a governing body until the legislature adopts a new law and the new
members assume their membership. 

SECTION 3.  Requires that the constitutional amendment be submitted to the
voters on a November 4, 1997 ballot and provides the language of the
ballot.