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


Office of House Bill AnalysisH.J.R. 29
By: Gallego
 State Affairs
2/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Article XVI (General Provisions), Section 30a (Members of
Boards; Terms of Office), Texas Constitution, allows 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 does not specify the number of members required or
allowed on the boards. However, the constitution does 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 creates a problem when the
legislature wants to increase the number of board members, because it must
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 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 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.
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.