HBA-PDH H.B. 392 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 392 By: Ehrhardt Urban Affairs 2/23/1999 Introduced BACKGROUND AND PURPOSE Currently, the governor has sole authority over the appointment and salary of the executive director of the Texas Department of Housing and Community Affairs (TDHCA). This may inhibit the ability of the board of directors of the TDHCA (board) to function effectively because it has no means of affecting the performance of the executive director or the executive director's staff, upon which the board relies for a variety of information, under the current arrangement. H.B. 392 grants the board, rather than the governor, all powers relating to appointment and salary of an executive or acting director of TDHCA. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2306.036, Government Code, as follows: Sec. 2306.036. New Title: DIRECTOR: SELECTION; TERM. Requires the Texas Department of Housing and Community Affairs Board (board) to select an executive director (director) of the Texas Department of Housing and Community Affairs to serve at the pleasure of the board, rather than requiring the governor to appoint a director with advice and consent of the senate to serve during the governor's term. SECTION 2. Amends Section 2306.037, Government Code, to require the board, rather than the governor, to set the director's salary. SECTION 3. Amends Section 2306.038, Government Code, to require the board, rather than the governor, to establish a procedure for designating an acting director. SECTION 4. Amends Section 2306.052(b), Government Code, to authorize the board, as well as the governor, to assign tasks to the director. SECTION 5. Requires the board to select a director as soon as possible after the effective date of this Act. Authorizes the existing director to serve until the new director assumes the duties as director. SECTION 6.Emergency clause. Effective date: upon passage.