C.S.H.B. 3042 78(R)    BILL ANALYSIS


C.S.H.B. 3042
By: Cook, Robby
Government Reform
Committee Report (Substituted)

      
BACKGROUND AND PURPOSE 
There are currently several statutory provisions relating to the
administration of the Texas Building and Procurement Commission
(Commission) that are either unnecessary or need clarification to help the
Commission operate more efficiently. 

The bill makes statutory revisions to help the Commission operate in a
more cost-efficient manner.  

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS
SECTION 1.  Amends Section 2152.051 of the Government Code to provide that
the Texas Building and Procurement Commission (Commission) consists, after
January 31, 2007, of five members appointed by the Governor.  Until that
date, the Commission will consist of seven members, three of which are
appointed by the Governor, two of which are appointed by the Governor,
chosen from a list of nominees submitted by the Speaker, and two of which
are appointed by the Lieutenant Governor. 

SECTION 2.  Amends Section 2152.052(b) of the Government Code to include
that the Governor must attempt to appoint certain different minority
groups. 

SECTION 3.  Amends Section 2152.057 of the Government Code to provide that
the members will serve staggered six-year terms with one or two members'
terms expiring January 31 of each oddnumbered year. 

SECTION 4.  Amends Section 2152.058(b) of the Government Code to allow the
governing body of the Commission to meet at least quarterly, rather than
monthly, in an effort to save time and money when there is not sufficient
need for a commission meeting. 

SECTION 5.  Amends Chapter 2152 of the Government Code by adding section
2152.065, which will provide that the executive director or the executive
director's designee may serve as the Commission's representative on
various boards and committees where representation by the Commission is
required, unless the presiding officer of the Commission elects to
personally serve or appoints a specific person.  This revision gives
statutory authorization to current practice at the Commission to appoint
the most appropriate individual to serve on various bodies instead of
requiring the chairman or executive director to travel to multitudes of
meetings and be solely responsible for the management decisions of the
agency. 

SECTION 6.  Amends Section 2152.104(a) of the Government Code to allow the
Commission to create the number of deputy director positions that is most
appropriate and congruent with the management style of the agency, rather
than mandating that the Commission employ three associate deputy
directors. 

SECTION 7.  Amends Section 2172.001(a) of the Government Code to give the
Commission the option of operating a central supply store rather than
making it mandatory to allow flexibility in the event that it proves to be
more cost-effective to contract with a private source for centralized
supply purchasing. 
 
SECTION 8.  Amends Section 2172.002(a) of the Government Code to give the
Commission the option of maintaining a facility to repair office machines
to allow flexibility in the event that it proves to be more cost-effective
to outsource for office machine repair.  

SECTION 9.  Repeals Section 2172.001(b) of the Government Code.  

SECTION 10.  Effective Date.


EFFECTIVE DATE
On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  

  
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds SECTION 1, SECTION 2, and SECTION 3 to the original
and renumbers the remaining sections accordingly.  The substitute deletes
Subsection 2152.104(d) from the original. 

The substitute provides that the Texas Building and Procurement Commission
(Commission) be governed, after January 31, 2007,  by five members
appointed by the Governor.  Until that date, the Commission will consist
of seven members, three of which are appointed by the Governor, two of
which are appointed by the Governor, chosen from a list of nominees
submitted by the Speaker, and two of which are appointed by the Lieutenant
Governor.