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.