By McClendon                                            H.B. No. 32
         77R925 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the composition of the governing board of the Texas
 1-3     Department of Economic Development.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 481.004(a) and (b), Government Code, are
 1-6     amended to read as follows:
 1-7           (a)  The governing board is composed of five [nine] public
 1-8     members appointed by the governor with the advice and consent of
 1-9     the senate, which members shall be appointed to give geographical
1-10     representation on the governing board to all regions of the state.
1-11           (b)  Members of the governing board serve for staggered
1-12     six-year terms with the terms of either one or two [three] members
1-13     expiring February 1 of each odd-numbered year in accordance with
1-14     Section 30a, Article XVI, Texas Constitution.
1-15           SECTION 2.  (a)  This section governs the transition from a
1-16     nine-member governing board of the Texas Department of Economic
1-17     Development to a governing board composed of five members in
1-18     accordance with the changes in law made by this Act.
1-19           (b)  The changes in law made by this Act to Section 481.004,
1-20     Government Code, apply only to a member who is appointed to serve
1-21     on the governing board on or after the effective date of this Act.
1-22     Except as provided by this section, a member of the governing board
1-23     who is serving on the board immediately before the effective date
1-24     of this Act is governed for the remainder of the member's current
 2-1     term by Section 481.004, Government Code, as that section existed
 2-2     immediately before the effective date of this Act, and the prior
 2-3     law is continued in effect for this purpose.
 2-4           (c)  The three governing board positions with terms that
 2-5     expire February 1, 2003, are abolished on that date.
 2-6           (d)  On February 1, 2003, one of the three governing board
 2-7     positions with terms scheduled to expire on February 1, 2005, shall
 2-8     be abolished.  On or before February 1, 2003, the members whose
 2-9     terms are scheduled to expire on February 1, 2005, shall determine
2-10     by unanimous agreement or by lot which of the three positions shall
2-11     be abolished on February 1, 2003, and shall inform the presiding
2-12     officer of the governing board of that determination.
2-13           (e)  In appointing members of the governing board to terms
2-14     scheduled to begin February 1, 2005, the governor shall appoint two
2-15     members to the board for terms expiring February 1, 2011. In
2-16     appointing members of the governing board to terms scheduled to
2-17     begin February 1, 2007, the governor shall appoint one member to
2-18     the board for a term expiring February 1, 2009, and two members to
2-19     the board for terms expiring February 1, 2013.
2-20           (f)  To the extent that the abolition of governing board
2-21     positions under this section causes the composition of the board to
2-22     violate Section 481.003(e), Government Code, or to violate the
2-23     geographical representation requirement of Section 481.003(a),
2-24     Government Code, those provisions of law are suspended from
2-25     February 1, 2003, until February 1, 2007.
2-26           SECTION 3.  This Act takes effect September 1, 2001.