HBA-TYH H.B. 486 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 486
By: Hill
Urban Affairs
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the director of the Texas Department of Housing and Community
Affairs (TDHCA) is appointed by the governor, with the advice and consent
of the senate, to serve the governor during the governor's term of office.
This practice may limit the accountability of the director to the governing
board of TDHCA.  H.B. 486 authorizes the TDHCA governing board to select
the executive director with the consent of the governor. 

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
governing board of the Texas Department of Housing and Community Affairs
(board), rather than the governor,  to select a director to serve at the
pleasure of the board.  Excludes the requirement for the director to be
appointed with the advice and consent of the senate.  Deletes "appointment"
from existing title.  Makes a conforming change. 

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 designate a new or acting director if the
position becomes vacant. 

SECTION 4.   Amends Section 2306.052(b), Government Code, to provide that
the director shall perform functions assigned by either the board or the
governor. 

SECTION 5.  Requires the board to select a person to serve as executive
director of Texas Department of Housing and Community Affairs as soon as
possible after the effective date of this Act.  Authorizes the person
serving as executive director or acting executive director immediately
before the effective date of this Act to continue to serve at the pleasure
of the governor until the date on which the person selected by the board
assumes the duties of executive director. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.