76R11439 KEL-D
By Carona S.B. No. 79
Substitute the following for S.B. No. 79:
By Ehrhardt C.S.S.B. No. 79
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the employment and supervision of the executive
1-3 director 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. EMPLOYMENT OF DIRECTOR[: APPOINTMENT; TERM].
1-8 (a) With the approval of the governor, the board [The governor]
1-9 shall employ a [appoint the] director to serve [with the advice and
1-10 consent of the senate. The director serves] at the pleasure of the
1-11 board [governor during the governor's terms of office].
1-12 (b) After the election of a governor who did not approve the
1-13 director's employment under Subsection (a), that governor may
1-14 remove the director and require the board to employ a new director
1-15 in accordance with Subsection (a). The governor must act under
1-16 this subsection before the 90th day after the date the governor
1-17 takes office.
1-18 SECTION 2. Section 2306.037, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 2306.037. DIRECTOR'S COMPENSATION. The board
1-21 [governor] shall set the salary of the director.
1-22 SECTION 3. Section 2306.038, Government Code, is amended to
1-23 read as follows:
1-24 Sec. 2306.038. ACTING DIRECTOR. The board [governor] shall
2-1 establish a procedure for designating an acting director and shall,
2-2 with the approval of the governor, immediately designate an acting
2-3 director or a new permanent director if the position becomes vacant
2-4 because of absence or disability. A director designated under this
2-5 section serves at the pleasure of the board but is subject to
2-6 removal by a newly elected governor in accordance with Section
2-7 2306.036(b).
2-8 SECTION 4. Section 2306.052(b), Government Code, is amended
2-9 to read as follows:
2-10 (b) The director shall:
2-11 (1) administer and organize the work of the department
2-12 consistent with this chapter and with sound organizational
2-13 management that promotes efficient and effective operation;
2-14 (2) appoint and remove personnel employed by the
2-15 department;
2-16 (3) submit, through and with the approval of the
2-17 governor, requests for appropriations and other money to operate
2-18 the department;
2-19 (4) administer all money entrusted to the department;
2-20 (5) administer all money and investments of the
2-21 department subject to:
2-22 (A) department indentures and contracts;
2-23 (B) Sections 2306.118 through 2306.120; and
2-24 (C) an action of the board under Section
2-25 2306.351; and
2-26 (6) perform other functions that may be assigned by
2-27 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.