HBA-PDH H.B. 392 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 392
By: Ehrhardt
Urban Affairs
2/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the governor has sole authority over the appointment and salary
of the executive director of the Texas Department of Housing and Community
Affairs (TDHCA).  This may inhibit the ability of the board of directors of
the TDHCA (board) to function effectively because it has no means of
affecting the performance of the executive director or the executive
director's staff, upon which the board relies for a variety of information,
under the current arrangement.  H.B. 392 grants the board, rather than the
governor, all powers relating to appointment and salary of an executive or
acting director of TDHCA. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2306.036, Government Code, as follows:

Sec. 2306.036.  New Title: DIRECTOR:  SELECTION; TERM.  Requires the Texas
Department of Housing and Community Affairs Board (board) to select an
executive director (director) of the Texas Department of Housing and
Community Affairs to serve at the pleasure of the board, rather than
requiring the governor to appoint a director with advice and consent of the
senate to serve during the governor's term. 

SECTION 2.  Amends Section 2306.037, Government Code, to require the board,
rather than the governor, to set the director's salary. 

SECTION 3.  Amends Section 2306.038, Government Code, to require the board,
rather than the governor, to establish a procedure for designating an
acting director. 

SECTION 4.  Amends Section 2306.052(b), Government Code, to authorize the
board, as well as the governor, to assign tasks to the director. 

SECTION 5.  Requires the board to select a director as soon as possible
after the effective date of this Act.  Authorizes the existing director to
serve until the new director assumes the duties as director. 

SECTION 6.Emergency clause.
  Effective date: upon passage.