HBA-SEB C.S.S.B. 79 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 79 By: Carona Urban Affairs 4/19/1999 Committee Report (Substituted) 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. C.S.S.B. 79 requires the board, rather than the governor, to employ 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: EMPLOYMENT OF DIRECTOR. (a) Requires the governing board of the Texas Department of Housing and Community Affairs Board (board, TDHCA), rather than the governor, to employ an executive director of TDHCA (director) to serve at the pleasure of the board, rather than with the advice and consent of the senate to serve during the governor's term. Requires the employment of the director to be with the approval of the governor. (b) Authorizes a governor who did not approve the director's employment to remove the director and require the board to employ a new director. Provides that the governor must act under this subsection before the 90th day after the governor takes office. 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 and to immediately designate an acting director or new permanent director, with the approval of the governor, if the position becomes vacant because of absence or disability. Establishes that an acting director or new permanent director serves at the pleasure of the board but is subject to removal by a newly elected governor. SECTION 4. Amends Section 2306.052(b), Government Code, to require the director to perform functions that may be assigned by the board, as well as by the governor. SECTION 5. Requires the board to employ 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute makes a conforming change in the caption. The substitute differs in SECTION 1 by modifying proposed Section 2306.036, Government Code, as follows: Sec. 2306.036. New title: EMPLOYMENT OF DIRECTOR. The substitute requires the board to employ, rather than select, a director with the approval, rather than consent, of the governor. The substitute also adds Subsection (b) to authorize a governor, within the first 90 days after taking office, to remove the director and require the board to employ a new director if the governor did not approve the director's employment. The substitute changes the proposed title from "Director: Selection; Term." The substitute modifies SECTION 3 by amending Section 2306.038, Government Code, to require the board to immediately designate an acting director or new permanent director with the approval, rather than the consent, of the governor, if the position becomes vacant because of absence or disability. The substitute also establishes that an acting director or new permanent director serves at the pleasure of the board but is subject to removal by a newly elected governor. The substitute modifies SECTION 5 to require the board to employ, rather than select, a director as soon as possible after the effective date of this Act.