HBA-SEP H.B. 1893 77(R)    -BILL ANALYSIS


Office of House Bill AnalysisH.B. 1893
By: Bosse
State Affairs
3/7/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the governor who appoints a state officer to remove
the officer with the consent of two-thirds of senate members present and,
if the legislature is not in session, to call a special session of the
senate for the purpose of removing the officer.  The fact that a special
session must be called to remove a board member during the interim presents
a problem which was illustrated during the previous interim when a member
of a state agency board was indicted by the federal government.  For a time
following the indictment of the board member, the member refused to stop
attending board meetings.  Although an agreement was eventually reached for
the member to stop attending the meetings, the member could have insisted
even after a conviction on attending while that conviction was under
appeal.  This might have caused the agency in question to lose federal
funds.  House Bill 1893 provides that the conviction of a
governor-appointed state officer for any felony operates as an immediate
removal or disqualification from any state board on which that officer
serves. 

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. 

ANALYSIS

House Bill 1893 amends the Government Code to provide that the conviction
of a governor-appointed state officer for any felony operates as an
immediate removal or disqualification from any state board on which that
officer serves.  The bill requires the court rendering judgment in the case
to include in the judgment an order removing the officer.  If the removed
officer appeals the judgment, the appeal supersedes the order of removal
unless the court finds that it is in the public's best interest to suspend
the removed officer pending the appeal. 

EFFECTIVE DATE

September 1, 2001.