By:  Carona                                             S.B. No. 79
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the selection and supervision of the executive director
 1-2     of the Texas Department of Housing and Community Affairs.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2306.036, Government Code, is amended to
 1-5     read as follows:
 1-6           Sec. 2306.036.  DIRECTOR:  SELECTION [APPOINTMENT]; TERM.
 1-7     The board [governor] shall select, with the consent of the
 1-8     governor, a [appoint the] director to serve [with the advice and
 1-9     consent of the senate.  The director serves] at the pleasure of the
1-10     board [governor during the governor's terms of office].
1-11           SECTION 2.  Section 2306.037, Government Code, is amended to
1-12     read as follows:
1-13           Sec. 2306.037.  DIRECTOR'S COMPENSATION.  The board
1-14     [governor] shall set the salary of the director.
1-15           SECTION 3.  Section 2306.038, Government Code, is amended to
1-16     read as follows:
1-17           Sec. 2306.038.  ACTING DIRECTOR.  The board [governor] shall
1-18     establish a procedure for designating an acting director and shall
1-19     immediately designate, with the consent of the governor, an acting
1-20     director or a new permanent director if the position becomes vacant
1-21     because of absence or disability.
1-22           SECTION 4.  Subsection (b), Section 2306.052, Government
1-23     Code, is amended to read as follows:
1-24           (b)  The director shall:
 2-1                 (1)  administer and organize the work of the department
 2-2     consistent with this chapter and with sound organizational
 2-3     management that promotes efficient and effective operation;
 2-4                 (2)  appoint and remove personnel employed by the
 2-5     department;
 2-6                 (3)  submit, through and with the approval of the
 2-7     governor, requests for appropriations and other money to operate
 2-8     the department;
 2-9                 (4)  administer all money entrusted to the department;
2-10                 (5)  administer all money and investments of the
2-11     department subject to:
2-12                       (A)  department indentures and contracts;
2-13                       (B)  Sections 2306.118 through 2306.120; and
2-14                       (C)  an action of the board under Section
2-15     2306.351; and
2-16                 (6)  perform other functions that may be assigned by
2-17     the board or the governor.
2-18           SECTION 5.  As soon as possible after the effective date of
2-19     this Act, the governing board of the Texas Department of Housing
2-20     and Community Affairs shall select a person to serve as executive
2-21     director of that department, as authorized by Section 2306.036,
2-22     Government Code, as amended by this Act.  The person serving as
2-23     executive director or acting executive director immediately before
2-24     the effective date of this Act may continue to serve at the
2-25     pleasure of the governor until the date on which the person
2-26     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.