By Junell                                             H.B. No. 2740
         76R4349 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to transferring the Department of Information Resources to
 1-3     the legislative branch of state government.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2054.004, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 2054.004.  DEPARTMENT.  The Department of Information
 1-8     Resources is an agency of the legislative branch of state
 1-9     government.
1-10           SECTION 2.  Section 2054.021, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 2054.021.  COMPOSITION OF BOARD[; TERMS; TRAINING].  (a)
1-13     The department is governed by a board composed of:
1-14                 (1)  the lieutenant governor;
1-15                 (2)  the speaker of the house of representatives;
1-16                 (3)  the chairman of the senate state affairs
1-17     committee;
1-18                 (4)  the chairman of the senate finance committee;
1-19                 (5)  the chairman of the house appropriations
1-20     committee;
1-21                 (6)  the chairman of the house ways and means
1-22     committee;
1-23                 (7)  two other members of the senate appointed by the
1-24     lieutenant governor; and
 2-1                 (8)  two other members of the house appointed by the
 2-2     speaker.
 2-3           (b)  The lieutenant governor is the chairman of the board and
 2-4     the speaker is the vice chairman.  [six voting members appointed by
 2-5     the governor with the advice and consent of the senate.  One member
 2-6     must be employed by an institution of higher education as defined
 2-7     by Section 61.003, Education Code.]
 2-8           [(b)  Voting members of the board serve for staggered
 2-9     six-year terms with two members' terms expiring February 1 of each
2-10     odd-numbered year.]
2-11           [(c)  Two groups each composed of three ex officio members
2-12     serve on the board on a rotating basis.  The ex officio members
2-13     serve as nonvoting members of the board.  Only one group serves at
2-14     a time.  The first group is composed of the executive director of
2-15     the Texas Workers' Compensation Commission, the commissioner of
2-16     health and human services, and the executive director of the Texas
2-17     Department of Transportation.  Members of the first group serve for
2-18     two-year terms that begin February 1 of every other odd-numbered
2-19     year and that expire on February 1 of the next odd-numbered year.
2-20     The second group is composed of the commissioner of education, the
2-21     executive director of the Texas Department of Criminal Justice, and
2-22     the executive director of the Parks and Wildlife Department.
2-23     Members of the second group serve for two-year terms that begin
2-24     February 1 of the odd-numbered years in which the terms of members
2-25     of the first group expire and that expire on February 1 of the next
2-26     odd-numbered year.]
2-27           [(d)  An ex officio member may designate the information
 3-1     resources manager of the member's agency to serve in the member's
 3-2     place.]
 3-3           [(e)  Appointments to the board shall be made without regard
 3-4     to the race, color, disability, sex, religion, age, or national
 3-5     origin of the appointees.]
 3-6           [(f)  To be eligible to take office or serve as a voting or
 3-7     nonvoting member of the board, a person appointed to or scheduled
 3-8     to serve as an ex officio member of the board must complete at
 3-9     least one course of a training program that complies with this
3-10     section.  A voting or nonvoting board member must complete a
3-11     training program that complies with Subsection (g) not later than
3-12     the 180th day after the date on which the person takes office or
3-13     begins serving as a member of the board.]
3-14           [(g)  The training program must provide information to the
3-15     person regarding:]
3-16                 [(1)  the enabling legislation that created the
3-17     department and its policymaking body to which the person is
3-18     appointed to serve;]
3-19                 [(2)  the programs operated by the department;]
3-20                 [(3)  the role and functions of the department;]
3-21                 [(4)  the rules of the department, with an emphasis on
3-22     the rules that relate to disciplinary and investigatory authority;]
3-23                 [(5)  the current budget for the department;]
3-24                 [(6)  the results of the most recent formal audit of
3-25     the department;]
3-26                 [(7)  the requirements of the:]
3-27                       [(A)  open meetings law, Chapter 551;]
 4-1                       [(B)  open records law, Chapter 552; and]
 4-2                       [(C)  administrative procedure law, Chapter 2001;]
 4-3                 [(8)  the requirements of the conflict of interest laws
 4-4     and other laws relating to public officials; and]
 4-5                 [(9)  any applicable ethics policies adopted by the
 4-6     department or the Texas Ethics Commission.]
 4-7           [(h)  A person appointed to the board is entitled to
 4-8     reimbursement for travel expenses incurred in attending the
 4-9     training program, as provided by the General Appropriations Act and
4-10     as if the person were a member of the board.]
4-11           SECTION 3.  Section 2054.027, Government Code, is amended to
4-12     read as follows:
4-13           Sec. 2054.027.  MEETINGS; QUORUM.  (a)  A majority of the
4-14     members of the board from each house constitutes a quorum to
4-15     transact business.
4-16           (b)  The board shall meet at the call of the chairman or on
4-17     written petition of a majority of the members of the board from
4-18     each house.
4-19           (c)  The board shall meet in Austin, except that if a
4-20     majority of the members of the board from each house agree, the
4-21     board may meet in any location determined by the board. [ACTION OF
4-22     BOARD.  (a)  The board shall meet at least once in each quarter of
4-23     the state fiscal year and may meet at other times at the call of
4-24     the presiding officer or as provided by department rule.]
4-25           [(b)  When a quorum is present, an affirmative vote of a
4-26     majority of the members of the board present is necessary for an
4-27     action of the board to be effective.]
 5-1           SECTION 4.  Section 2054.029, Government Code, is amended to
 5-2     read as follows:
 5-3           Sec. 2054.029. EXECUTIVE DIRECTOR;  STAFF. [(a)] The board
 5-4     shall employ an executive director and other employees necessary to
 5-5     implement its duties.
 5-6           [(b)  The executive director or the executive director's
 5-7     designee shall provide to members of the board and to the
 5-8     department's employees, as often as necessary, information
 5-9     regarding their qualifications for office or employment under this
5-10     chapter and their responsibilities under applicable laws relating
5-11     to standards of conduct for state officers or employees.]
5-12           [(c)  The board shall develop and implement policies that
5-13     clearly separate the policymaking responsibilities of the board and
5-14     the management responsibilities of the executive director and the
5-15     staff of the department.]
5-16           SECTION 5.  Sections 2054.005, 2054.022, 2054.023, 2054.024,
5-17     2054.025, 2054.028, 2054.030, 2054.031, 2054.032, 2054.034,
5-18     2054.035, and 2054.036, Government Code, are repealed.
5-19           SECTION 6.  (a)  The governing board of the Department of
5-20     Information Resources as it existed under Section 2054.021,
5-21     Government Code, immediately before the effective date of this Act,
5-22     is abolished. At the time that governing board is abolished, the
5-23     governing board of the Department of Information Resources under
5-24     Section 2054.021, Government Code, as amended by this Act, is
5-25     established. Until all appointments to the governing board under
5-26     Section 2054.021 as amended by this Act have been made, a quorum of
5-27     the board is a majority of the members of the board who have been
 6-1     appointed to the board and the members who serve ex officio.
 6-2           (b)  The transfer of the Department of Information Resources
 6-3     into the legislative branch of state government and the
 6-4     establishment of the department's new governing board under this
 6-5     Act does not affect the continuing validity of a rule adopted or an
 6-6     action taken by the previous governing board unless the rule or
 6-7     action is modified by action of the new governing board.  The new
 6-8     governing board is the successor of the previous governing board
 6-9     for all purposes under law.  Appropriations to the department are
6-10     unaffected by the change in law made by this Act. The status of
6-11     department employees is unaffected by the change in law made by
6-12     this Act, except that the employees are now employees of a
6-13     legislative agency.
6-14           SECTION 7.  This Act takes effect September 1, 1999.
6-15           SECTION 8.  The importance of this legislation and the
6-16     crowded condition of the calendars in both houses create an
6-17     emergency and an imperative public necessity that the
6-18     constitutional rule requiring bills to be read on three several
6-19     days in each house be suspended, and this rule is hereby suspended.