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.