AN ACT
1-1 relating to the employment and supervision of the executive
1-2 director 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. EMPLOYMENT OF DIRECTOR[: APPOINTMENT; TERM].
1-7 (a) With the approval of the governor, the board [The governor]
1-8 shall employ 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 (b) After the election of a governor who did not approve the
1-12 director's employment under Subsection (a), that governor may
1-13 remove the director and require the board to employ a new director
1-14 in accordance with Subsection (a). The governor must act under
1-15 this subsection before the 90th day after the date the governor
1-16 takes office.
1-17 SECTION 2. Section 2306.037, Government Code, is amended to
1-18 read as follows:
1-19 Sec. 2306.037. DIRECTOR'S COMPENSATION. The board
1-20 [governor] shall set the salary of the director.
1-21 SECTION 3. Section 2306.038, Government Code, is amended to
1-22 read as follows:
1-23 Sec. 2306.038. ACTING DIRECTOR. The board [governor] shall
1-24 establish a procedure for designating an acting director and shall,
2-1 with the approval of the governor, immediately designate an acting
2-2 director or a new permanent director if the position becomes vacant
2-3 because of absence or disability. A director designated under this
2-4 section serves at the pleasure of the board but is subject to
2-5 removal by a newly elected governor in accordance with Section
2-6 2306.036(b).
2-7 SECTION 4. Subsection (b), Section 2306.052, Government
2-8 Code, is amended to read as follows:
2-9 (b) The director shall:
2-10 (1) administer and organize the work of the department
2-11 consistent with this chapter and with sound organizational
2-12 management that promotes efficient and effective operation;
2-13 (2) appoint and remove personnel employed by the
2-14 department;
2-15 (3) submit, through and with the approval of the
2-16 governor, requests for appropriations and other money to operate
2-17 the department;
2-18 (4) administer all money entrusted to the department;
2-19 (5) administer all money and investments of the
2-20 department subject to:
2-21 (A) department indentures and contracts;
2-22 (B) Sections 2306.118 through 2306.120; and
2-23 (C) an action of the board under Section
2-24 2306.351; and
2-25 (6) perform other functions that may be assigned by
2-26 the board or the governor.
3-1 SECTION 5. As soon as possible after the effective date of
3-2 this Act, the governing board of the Texas Department of Housing
3-3 and Community Affairs shall employ a person to serve as executive
3-4 director of that department, as authorized by Section 2306.036,
3-5 Government Code, as amended by this Act. The person serving as
3-6 executive director or acting executive director immediately before
3-7 the effective date of this Act may continue to serve at the
3-8 pleasure of the governor until the date on which the person
3-9 employed by the board assumes the duties of executive director.
3-10 SECTION 6. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 79 passed the Senate on
March 11, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 25, 1999, by the following vote:
Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 79 passed the House, with
amendment, on May 22, 1999, by the following vote: Yeas 144,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor