1-1     By:  Carona                                             S.B. No. 79
 1-2           (In the Senate - Filed December 4, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; March 4, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     March 4, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 79                     By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the selection and supervision of the executive director
1-11     of the Texas Department of Housing and Community Affairs.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 2306.036, Government Code, is amended to
1-14     read as follows:
1-15           Sec. 2306.036.  DIRECTOR:  SELECTION [APPOINTMENT]; TERM.
1-16     The board [governor] shall select, with the consent of the
1-17     governor, a [appoint the] director to serve [with the advice and
1-18     consent of the senate.  The director serves] at the pleasure of the
1-19     board [governor during the governor's terms of office].
1-20           SECTION 2.  Section 2306.037, Government Code, is amended to
1-21     read as follows:
1-22           Sec. 2306.037.  DIRECTOR'S COMPENSATION.  The board
1-23     [governor] shall set the salary of the director.
1-24           SECTION 3.  Section 2306.038, Government Code, is amended to
1-25     read as follows:
1-26           Sec. 2306.038.  ACTING DIRECTOR.  The board [governor] shall
1-27     establish a procedure for designating an acting director and shall
1-28     immediately designate, with the consent of the governor, an acting
1-29     director or a new permanent director if the position becomes vacant
1-30     because of absence or disability.
1-31           SECTION 4.  Subsection (b), Section 2306.052, Government
1-32     Code, is amended to read as follows:
1-33           (b)  The director shall:
1-34                 (1)  administer and organize the work of the department
1-35     consistent with this chapter and with sound organizational
1-36     management that promotes efficient and effective operation;
1-37                 (2)  appoint and remove personnel employed by the
1-38     department;
1-39                 (3)  submit, through and with the approval of the
1-40     governor, requests for appropriations and other money to operate
1-41     the department;
1-42                 (4)  administer all money entrusted to the department;
1-43                 (5)  administer all money and investments of the
1-44     department subject to:
1-45                       (A)  department indentures and contracts;
1-46                       (B)  Sections 2306.118 through 2306.120; and
1-47                       (C)  an action of the board under Section
1-48     2306.351; and
1-49                 (6)  perform other functions that may be assigned by
1-50     the board or the governor.
1-51           SECTION 5.  As soon as possible after the effective date of
1-52     this Act, the governing board of the Texas Department of Housing
1-53     and Community Affairs shall select a person to serve as executive
1-54     director of that department, as authorized by Section 2306.036,
1-55     Government Code, as amended by this Act.  The person serving as
1-56     executive director or acting executive director immediately before
1-57     the effective date of this Act may continue to serve at the
1-58     pleasure of the governor until the date on which the person
1-59     selected by the board assumes the duties of executive director.
1-60           SECTION 6.  The importance of this legislation and the
1-61     crowded condition of the calendars in both houses create an
1-62     emergency and an imperative public necessity that the
1-63     constitutional rule requiring bills to be read on three several
1-64     days in each house be suspended, and this rule is hereby suspended,
 2-1     and that this Act take effect and be in force from and after its
 2-2     passage, and it is so enacted.
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