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78R10314 KEG-D


By:  Cook of Colorado                                             H.B. No. 3042

Substitute the following for H.B. No. 3042:                                   

By:  Allen                                                    C.S.H.B. No. 3042


A BILL TO BE ENTITLED
AN ACT
relating to the administration of the Texas Building and Procurement Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2152.051, Government Code, is amended to read as follows: Sec. 2152.051. COMPOSITION OF COMMISSION. (a) The commission consists of five members appointed by the governor. (b) Subsection (a) governs the composition of the commission after January 31, 2007. On or before that date, this subsection governs the composition of the commission. The commission consists of seven members, of whom[: [(1)] three members are appointed by the governor,[; [(2)] two additional members are appointed by the governor from a list of nominees submitted by the speaker of the house of representatives,[;] and [(3)] two members are appointed by the lieutenant governor. The members serving on the commission 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 the commission for the terms for which they were appointed if they are otherwise qualified for their positions. Notwithstanding Section 2152.057, for the period in which the commission consists of seven members under this subsection, two or three members' terms expire on January 31 of each odd-numbered year. If, on or before January 31, 2007, the term of any position on the commission expires or a vacancy is created in any position on the commission, the governor shall appoint a person to fill the position. However, the two positions on the commission 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. This subsection expires September 1, 2009. [(b) In making an appointment under Subsection (a)(2), the governor may reject one or more of the nominees on a list submitted by the speaker of the house of representatives and request a new list of different nominees.] SECTION 2. Section 2152.052(b), Government Code, is amended to read as follows: (b) In making appointments under this section, the governor [and lieutenant governor] shall attempt to appoint women and members of different minority groups, including African Americans, Hispanic Americans, Native Americans, and Asian Americans. SECTION 3. Section 2152.057, Government Code, is amended to read as follows: Sec. 2152.057. TERMS. Commission members serve staggered six-year terms with one or two [or three] members' terms expiring January 31 of each odd-numbered year. SECTION 4. Section 2152.058(b), Government Code, is amended to read as follows: (b) The commission shall meet at least quarterly [once each month]. The commission may meet at other times at the call of the presiding officer or as provided by the commission's rules. SECTION 5. Subchapter B, Chapter 2152, Government Code, is amended by adding Section 2152.065 to read as follows: Sec. 2152.065. REPRESENTATION ON BOARD OR COMMITTEE. If the commission must be represented on a board or committee, the executive director or the executive director's designee shall serve as the commission's representative on the board or committee unless the presiding officer of the commission elects to personally serve as the commission's representative or appoints a specific person to serve as the commission's representative on the board or committee. SECTION 6. Section 2152.104(a), Government Code, is amended to read as follows: (a) The commission shall have an appropriate number of [three] associate deputy directors. SECTION 7. Section 2172.001(a), Government Code, is amended to read as follows: [(a)] The commission may [shall] operate a central supply store at which only state agencies, the legislature, and legislative agencies may obtain small supply items. If the commission operates a central supply store, the commission shall devise an appropriate method of billing a using entity for the supplies. SECTION 8. Section 2172.002(a), Government Code, is amended to read as follows: (a) The commission may [shall] maintain a facility for repairing office machines and may [shall] offer repair services to the following entities located in Austin: (1) state agencies; (2) the legislature; and (3) legislative agencies. SECTION 9. Section 2172.001(b), Government Code, is repealed. SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.