SRC-TJG, JLB H.B. 3042 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3042
78R10314 KEG-DBy: Cook, Robby (Ellis, Rodney)
Government Organization
5/19/2003
Engrossed


DIGEST AND PURPOSE 
 
Currently, there are several statutory provisions relating to the
administration of the Texas Building and Procurement Commission (TBPC)
that are either unnecessary or need clarification to help TBPC operate
more efficiently.  H.B. 3042 makes statutory revisions to assist TBPC to
operate in a more cost-efficient manner. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2152.051, Government Code, as follows:
 
Sec. 2152.051.  COMPOSITION OF COMMISSION. (a)  Provides that the Texas
Building and Procurement Commission (TBPC) consists of five members
appointed by the governor. 
 
(b)  Provides that Subsection (a) governs the composition of TBPC after
January 31, 2007.  Provides that on or before that date, this subsection
governs the composition of TBPC.  Provides that TBPC consists of seven
members, of whom three members are appointed by the governor, two
additional members are appointed by the governor from a list of nominees
submitted by the speaker of the house of representatives, and two members
are appointed by the lieutenant governor.  Provides that the members
serving on TBPC immediately before the effective date of the Act of the
78th Legislature, Regular Session, 2003, that amended this section and
added this subsection are entitled to continue to serve on TBPC for the
terms for which they were appointed if they are otherwise qualified for
their positions.  Provides that notwithstanding Section 2152.057, for the
period in which TBPC consists of seven members under this subsection, two
or three members' terms expire on January 31 of each odd-numbered year.
Requires the governor, if, on or before January 31, 2007, the term of any
position on TBPC expires or a vacancy is created in any position on TBPC,
to appoint a person to fill the position.  Provides that however, the two
positions on TBPC that are filled by appointment by the governor from a
list submitted by the speaker are abolished on the expiration of the
positions' terms on January 31, 2007.  Provides that this subsection
expires September 1, 2009.  Deletes Subsection (b) regarding authorizing
the governor to reject certain nominees. 

SECTION 2.  Amends Section 2152.052(b), Government Code, to require the
governor, rather than the governor and lieutenant governor, in making
appointments under this section, to attempt to appoint women and members
of different minority groups, including African Americans, Hispanic
Americans, Native Americans, and Asian Americans. 
 
SECTION 3.  Amends Section 2152.057, Government Code, as follows:
 
Sec. 2152.057.  TERMS.  Provides that TBPC members serve staggered
six-year terms  with one or two, rather than two or three, members' terms
expiring January 31 of each odd-numbered year. 
 
SECTION 4.  Amends Section 2152.058(b), Government Code, to require TBPC
to meet at 
least quarterly, rather than once each month.

SECTION 5.  Amends Subchapter B, Chapter 2152, Government Code, by adding
Section 2152.065, as follows: 
 
Sec. 2152.065.  REPRESENTATION ON BOARD OR COMMITTEE.  Requires the
executive director or the executive director's designee, if TBPC must be
represented on a board or committee, to serve as TBPC's representative on
the board or committee unless the presiding officer of TBPC elects to
personally serve as TBPC's representative or appoints a specific person to
serve as TBPC's representative on the board or committee. 
 
SECTION 6.  Amends Section 2152.104(a), Government Code, to require TBPC
to have an appropriate number of, rather than three, associate deputy
directors. 
 
SECTION 7.  Amends Section 2172.001(a), Government Code, to authorize,
rather than require, TBPC operate a central supply store at which only
state agencies, the legislature, and legislative agencies may obtain small
supply items.  Requires TBPC, if TBPC operates a central supply store, to
devise an appropriate method of billing a using entity for the supplies. 
 
SECTION 8.  Amends Section 2172.002(a), Government Code, to authorize,
rather than require, TBPC to maintain a facility for repairing office
machines and to offer repair services to certain entities located in
Austin. 

SECTION 9.  Repealer:  Section 2172.001(b) (requiring TBPC to operate a
central supply store), Government Code. 
 
SECTION 10.  Effective date:  upon passage or September 1, 2003.