HBA-DMD, PDH H.J.R. 29 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 29
By: Gallego
 State Affairs
10/19/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Article XVI (General Provisions), Section
30a (Members of Boards; Terms of Office), Texas Constitution, allowed
members of the Board of Regents of the State University and boards of
trustees or managers of certain institutions of the State (boards) to hold
office for terms of six years.  The constitution did not specify the number
of members required or allowed on the boards.  However, the constitution
did require that one-third of the board members be elected or appointed
every two years.  Section 30a has been interpreted as requiring the number
of the board members to be divisible by three to ensure that one-third of
the members are elected or appointed every two years.  This created a
problem when the legislature wanted to increase the number of board members
because it had to do so in increments of three. 
  
H.J.R. 29 simplifies Section 30a by allowing an odd number of three or more
members to serve on the boards and by providing that approximately
one-third of the boards' members must be elected every two years.   

As proposed, H.J.R 29 requires the submission to the voters of a
constitutional amendment authorizing the legislature to provide that
specific state boards, commissions, or other agencies are to be governed by
a board composed of an odd number of three or more members. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30a, Article XVI, Texas Constitution, to
authorize specific state boards, commissions, or other agencies to be
governed by a board composed of an odd number of three or more members.
Authorizes the legislature to provide by law that a board required by this
constitution be composed of members of any number divisible by three who
serve for a term of six years, with one-third of the members elected or
appointed every two years. Authorizes the legislature to provide by law
that a board required by this constitution be composed of members of any
number divisible by three who serve for a term of six years, with one-third
of the members elected or appointed every two years. Makes nonsubstantive
changes. 

SECTION 2.  Adds a temporary provision to the Texas Constitution, as
follows: 

TEMPORARY PROVISION. (a)  Provides that a governing body of a state agency
may be composed of an odd number of three or more members.  Establishes an
expiration date of September 1, 2005.   

(b)  Requires the legislature to provide by law for the change in
composition of the governing body of a state agency that is composed in
accordance with Section 30a, Article XVI, Texas Constitution, as added in
1912, but that is not composed in accordance with the amendment to that
section.  Requires the laws enacted by the legislature under this
subsection to provide that the change in composition into a form allowed
under this constitution will take place not later than September 1, 2003. 
 
(c)  Authorizes a governing body of a state agency that is composed in
accordance with Section 30a, Article XVI, Texas Constitution, as added in
1912, but that is not composed in accordance with the amendment to that
section to continue to act as the governing body until a quorum of the
members of the governing body who take office under a law adopted under
Subsection (b) of this section have qualified. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999.  Sets forth
the required language for the ballot.