By Ehrhardt                                            H.B. No. 392
         76R1672 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the selection and supervision of the executive director
 1-3     of the Texas Department of Housing and Community Affairs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2306.036, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 2306.036.  DIRECTOR:  SELECTION [APPOINTMENT]; TERM.
 1-8     The board [governor] shall select a [appoint the] director to serve
 1-9     [with the advice and consent of the senate.  The director serves]
1-10     at the pleasure of the board [governor during the governor's terms
1-11     of office].
1-12           SECTION 2.  Section 2306.037, Government Code, is amended to
1-13     read as follows:
1-14           Sec. 2306.037.  DIRECTOR'S COMPENSATION.  The board
1-15     [governor] shall set the salary of the director.
1-16           SECTION 3.  Section 2306.038, Government Code, is amended to
1-17     read as follows:
1-18           Sec. 2306.038.  ACTING DIRECTOR.  The board [governor] shall
1-19     establish a procedure for designating an acting director and shall
1-20     immediately designate an acting director or a new permanent
1-21     director if the position becomes vacant because of absence or
1-22     disability.
1-23           SECTION 4.  Section 2306.052(b), Government Code, is amended
1-24     to read as follows:
 2-1           (b)  The director shall:
 2-2                 (1)  administer and organize the work of the department
 2-3     consistent with this chapter and with sound organizational
 2-4     management that promotes efficient and effective operation;
 2-5                 (2)  appoint and remove personnel employed by the
 2-6     department;
 2-7                 (3)  submit, through and with the approval of the
 2-8     governor, requests for appropriations and other money to operate
 2-9     the department;
2-10                 (4)  administer all money entrusted to the department;
2-11                 (5)  administer all money and investments of the
2-12     department subject to:
2-13                       (A)  department indentures and contracts;
2-14                       (B)  Sections 2306.118 through 2306.120; and
2-15                       (C)  an action of the board under Section
2-16     2306.351; and
2-17                 (6)  perform other functions that may be assigned by
2-18     the board or the governor.
2-19           SECTION 5.  As soon as possible after the effective date of
2-20     this Act, the governing board of the Texas Department of Housing
2-21     and Community Affairs shall select a person to serve as executive
2-22     director of that department, as authorized by Section 2306.036,
2-23     Government Code, as amended by this Act.  The person serving as
2-24     executive director or acting executive director immediately before
2-25     the effective date of this Act may continue to serve at the
2-26     pleasure of the governor until the date on which the person
2-27     selected by the board assumes the duties of executive director.
 3-1           SECTION 6.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended,
 3-6     and that this Act take effect and be in force from and after its
 3-7     passage, and it is so enacted.