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.
2-3 * * * * *