HBA-DMD H.B. 2740 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2740
By: Junell
State Affairs
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

The Department of Information Resources (department) provides coordination
in information resources management within state government. Currently, the
department is an agency under the direction of the executive branch of
state government. H.B. 2740 transfers the department from an agency in the
executive branch to an agency of the legislative branch. This bill modifies
the composition of the board of the department to conform to the move to
the legislative branch. This bill also repeals certain sections relating to
the department as it existed in the executive branch. It sets forth that
the transfer of the department into the legislative branch of state
government does not affect the continuing validity of a rule adopted or an
action taken. 

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 2054.004, Government Code, as follows:

Sec. 2054.004. DEPARTMENT. Specifies that the Department of Information
Resources (department) is an agency of the legislative branch of state
government.  

SECTION 2.  Amends Section 2054.021, Government Code, as follows:

Sec. 2054.021. New Title: COMPOSITION OF BOARD. (a) Modifies the
composition of the board of the department (board). 

(b) Sets forth that the lieutenant governor is the chairman of the board
and the speaker is the vice chairman.  Deletes Subsections (c)-(h),
relating to the composition of the board, equal opportunity, eligibility
for membership, board member training, and entitlement to reimbursement for
travel expenses. 

SECTION 3.  Amends Section 2054.027, Government Code, as follows:

Sec. 2054.027. New Title: MEETINGS; QUORUM. (a) Provides that a majority of
the members of the board from each house constitutes a quorum to transact
business. 

(b) Requires the board to meet at the call of the chairman or on written
petition of a majority of the members of the board from each house. 

(c) Requires the board to meet in Austin, except that if a majority of the
members of the board from each house agree, the board is authorized to meet
in any location determined by the board. Deletes text requiring the board
to meet at least once in each quarter of the state fiscal year and the
authority of the board to meet at other times at the call of the presiding
officer or as provided by department rule. Deletes text provided that when
a quorum is present, an affirmative vote of a majority of the members of
the board present is necessary for an action of the board to be effective. 
 
SECTION 4.  Amends Section 2054.029, Government Code, to delete text
requiring the executive director or the executive director's designee to
provide to members of the board and to the department's employees
information regarding their qualifications for office or employment under
this chapter and their responsibilities under applicable laws relating to
standards of conduct for state officers or employees. Deletes text
requiring the board to develop and implement policies that clearly separate
the policymaking responsibilities of the board and the management
responsibilities of the executive director and the staff of the department.
Makes a conforming change. 

SECTION 5.  Repealer: Section 2054.005 (Sunset Provision), Government Code.

Repealer: Section 2054.022 (Conflict of Interest), Government Code.

Repealer: Section 2054.023 (Compensation; Expenses), Government Code. 

Repealer: Section 2054.024 (Vacancy), Government Code.

Repealer: Section 2054.025 (Removal of Board Member), Government Code.

Repealer: Section 2054.028 (Presiding Officer), Government Code.

Repealer: Section 2054.030 (Merit Pay), Government Code. 

Repealer: Section 2054.031 (Career Ladder), Government Code.

Repealer: Section 2054.032 (Equal Employment Opportunity), Government Code.

Repealer: Section 2054.034 (Department Finances), Government Code.

Repealer: Section 2054.035 (Participation and Accessibility), Government
Code. 

Repealer: Section 2054.036 (Complaints), Government Code. 

SECTION 6. (a) Abolishes the governing board of the department as it
existed under Section 2054.021, Government Code, immediately before the
effective date of this Act. Establishes the new governing board of the
department at the time that governing board is abolished. Provides that
until all appointments to the governing board under Section 2054.021 as
amended by this Act have been made, a quorum of the board is a majority of
the members of the board who have been appointed to the board and the
members who serve ex officio.  

(b) Sets forth that the transfer of the department into the legislative
branch of state government and the establishment of the department's new
governing board under this Act does not affect the continuing validity of a
rule adopted or an action taken by the previous governing board unless the
rule or action is modified by action of the new governing board. Provides
that the new governing board is the successor of the previous governing
board for all purposes under law. Provides that appropriations to the
department are unaffected by the change in law made by this Act. The status
of department employees is unaffected by the change in law made by this
Act, except that the employees are now employees of a legislative agency.  

SECTION 7.Effective date: September 1, 1999.  

SECTION 8.Emergency clause.