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.