HBA-DMD H.B. 2740 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2740 By: Junell State Affairs 4/13/1999 Introduced BACKGROUND AND PURPOSE The Department of Information Resources (department) provides coordination in information resources management within state government. Currently, the department is an agency under the direction of the executive branch of state government. H.B. 2740 transfers the department from an agency in the executive branch to an agency of the legislative branch. This bill modifies the composition of the board of the department to conform to the move to the legislative branch. This bill also repeals certain sections relating to the department as it existed in the executive branch. It sets forth that the transfer of the department into the legislative branch of state government does not affect the continuing validity of a rule adopted or an action taken. 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 2054.004, Government Code, as follows: Sec. 2054.004. DEPARTMENT. Specifies that the Department of Information Resources (department) is an agency of the legislative branch of state government. SECTION 2. Amends Section 2054.021, Government Code, as follows: Sec. 2054.021. New Title: COMPOSITION OF BOARD. (a) Modifies the composition of the board of the department (board). (b) Sets forth that the lieutenant governor is the chairman of the board and the speaker is the vice chairman. Deletes Subsections (c)-(h), relating to the composition of the board, equal opportunity, eligibility for membership, board member training, and entitlement to reimbursement for travel expenses. SECTION 3. Amends Section 2054.027, Government Code, as follows: Sec. 2054.027. New Title: MEETINGS; QUORUM. (a) Provides that a majority of the members of the board from each house constitutes a quorum to transact business. (b) Requires the board to meet at the call of the chairman or on written petition of a majority of the members of the board from each house. (c) Requires the board to meet in Austin, except that if a majority of the members of the board from each house agree, the board is authorized to meet in any location determined by the board. Deletes text requiring the board to meet at least once in each quarter of the state fiscal year and the authority of the board to meet at other times at the call of the presiding officer or as provided by department rule. Deletes text provided that when a quorum is present, an affirmative vote of a majority of the members of the board present is necessary for an action of the board to be effective. SECTION 4. Amends Section 2054.029, Government Code, to delete text requiring the executive director or the executive director's designee to provide to members of the board and to the department's employees information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees. Deletes text requiring the board to develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department. Makes a conforming change. SECTION 5. Repealer: Section 2054.005 (Sunset Provision), Government Code. Repealer: Section 2054.022 (Conflict of Interest), Government Code. Repealer: Section 2054.023 (Compensation; Expenses), Government Code. Repealer: Section 2054.024 (Vacancy), Government Code. Repealer: Section 2054.025 (Removal of Board Member), Government Code. Repealer: Section 2054.028 (Presiding Officer), Government Code. Repealer: Section 2054.030 (Merit Pay), Government Code. Repealer: Section 2054.031 (Career Ladder), Government Code. Repealer: Section 2054.032 (Equal Employment Opportunity), Government Code. Repealer: Section 2054.034 (Department Finances), Government Code. Repealer: Section 2054.035 (Participation and Accessibility), Government Code. Repealer: Section 2054.036 (Complaints), Government Code. SECTION 6. (a) Abolishes the governing board of the department as it existed under Section 2054.021, Government Code, immediately before the effective date of this Act. Establishes the new governing board of the department at the time that governing board is abolished. Provides that until all appointments to the governing board under Section 2054.021 as amended by this Act have been made, a quorum of the board is a majority of the members of the board who have been appointed to the board and the members who serve ex officio. (b) Sets forth that the transfer of the department into the legislative branch of state government and the establishment of the department's new governing board under this Act does not affect the continuing validity of a rule adopted or an action taken by the previous governing board unless the rule or action is modified by action of the new governing board. Provides that the new governing board is the successor of the previous governing board for all purposes under law. Provides that appropriations to the department are unaffected by the change in law made by this Act. The status of department employees is unaffected by the change in law made by this Act, except that the employees are now employees of a legislative agency. SECTION 7.Effective date: September 1, 1999. SECTION 8.Emergency clause.