SRC-ARR S.B. 79 76(R)BILL ANALYSIS


Senate Research CenterS.B. 79
By: Carona
Intergovernmental Relations
8/9/1999
Enrolled


DIGEST 

Currently, Texas law requires the governor to appoint the director of the
Texas Department of Housing and Community Affairs (TDHCA) with the advice
and consent of the Senate, to serve at the governor's pleasure during the
governor's term of office. S.B. 79 requires the governing board of TDHCA to
select the executive director, without consent of the governor. 

PURPOSE

As enrolled, S.B.79 sets forth requirements for the selection and
supervision of the executive director of the Texas Department of Housing
and Community Affairs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

Sec. 2306.036. New heading: EMPLOYMENT OF DIRECTOR.  Requires the governing
board of the Texas Department of Housing and Community Affairs (TDHCA) to
select, with the approval of the governor, a director to serve at the
pleasure of the board, rather than the governor appoints the director to
serve with the advice and consent of the senate during the governor's term
of office. Authorizes the governor to remove the director and require the
board to employ a new director in accordance with Subsection (a), after the
election of a governor who did not approve the director's employment under
Subsection (a). Requires the governor to act under this subsection before
the 90th day after the date the governor takes office.  

SECTION 2. Amends Section 2306.037, Government Code, to make a conforming
change. 

SECTION 3. Amends Section 2306.038, Government Code, to provide that a
director designated under this section serves at the pleasure of the board
but is subject to removal by a newly elected governor in accordance with
Section 2306.036(b). Make conforming changes. 

SECTION 4. Amends Section 2306.052(b), Government Code, to require the
director to perform other functions that may be assigned by the board or
the governor.  

SECTION 5. Requires the governing board of  TDHCA  to select an executive
director after the effective date of this Act. Requires the person serving
as executive director immediately before the effective date of this Act to
continue to serve at the pleasure of the governor until the date the person
selected by the board assumes the duties of executive director.  

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