Texas 2009 - 81st Regular

Texas House Bill HB2974 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10250 KLA-F
2	2	By: Coleman H.B. No. 2974
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to personnel, employment, and other human resources
8	8	functions of the Health and Human Services Commission and health
9	9	and human services agencies.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 531.0055, Government Code, is amended by
12	12	amending Subsections (e) and (f) and adding Subsections (f-1) and
13	13	(f-2) to read as follows:
14	14	(e) Notwithstanding any other law, the executive
15	15	commissioner shall adopt rules and policies for the operation of
16	16	and provision of health and human services by the health and human
17	17	services agencies. In addition, the executive commissioner, as
18	18	necessary to perform the functions described by Subsections (b),
19	19	(c), and (d) in implementation of applicable policies established
20	20	for an agency by the executive commissioner, shall:
21	21	(1) subject to Subsection (f-1), manage and direct the
22	22	operations of each health and human services agency;
23	23	(2) supervise and direct the activities of each agency
24	24	director; and
25	25	(3) be responsible for the administrative supervision
26	26	of the internal audit program for all health and human services
27	27	agencies, including:
28	28	(A) selecting the director of internal audit;
29	29	(B) ensuring that the director of internal audit
30	30	reports directly to the executive commissioner; and
31	31	(C) ensuring the independence of the internal
32	32	audit function.
33	33	(f) Except as provided by Subsection (f-1), the [The]
34	34	operational authority and responsibility of the executive
35	35	commissioner for purposes of Subsection (e) at each health and
36	36	human services agency includes authority over and responsibility
37	37	for the:
38	38	(1) management of the daily operations of the agency,
39	39	including the organization and management of the agency and agency
40	40	operating procedures;
41	41	(2) allocation of resources within the agency,
42	42	including use of federal funds received by the agency;
43	43	(3) [personnel and employment policies;
44	44	[(4)] contracting, purchasing, and related policies,
45	45	subject to this chapter and other laws relating to contracting and
46	46	purchasing by a state agency;
47	47	(4) [(5)] information resources systems used by the
48	48	agency;
49	49	(5) [(6)] location of agency facilities; and
50	50	(6) [(7)] coordination of agency activities with
51	51	activities of other state agencies, including other health and
52	52	human services agencies.
53	53	(f-1) The executive commissioner has authority over and
54	54	responsibility for personnel and employment policies and human
55	55	resources functions at the commission, but does not have authority
56	56	over or responsibility for those policies and functions with
57	57	respect to the health and human services agencies, notwithstanding
58	58	any other law. The commissioners of each of those agencies shall
59	59	make recommendations to the executive commissioner regarding any
60	60	personnel or employment policies with respect to which rulemaking
61	61	is necessary, and the executive commissioner shall adopt rules to
62	62	implement those recommendations.
63	63	(f-2) The executive commissioner may not contract with a
64	64	private entity to perform any human resources functions for the
65	65	commission or the health and human services agencies.
66	66	SECTION 2. Section 1001.052, Health and Safety Code, is
67	67	amended by amending Subsection (b) and adding Subsection (e) to
68	68	read as follows:
69	69	(b) The [executive] commissioner shall prepare and the
70	70	executive commissioner by rule shall adopt personnel standards as
71	71	provided by Section 531.0055(f-1), Government Code.
72	72	(e) The commissioner shall establish a human resources
73	73	division within the department. The division is responsible for
74	74	personnel, recruiting, hiring, and other human resources
75	75	functions. The division shall assist the commissioner in
76	76	developing policies and procedures related to recruitment, hiring,
77	77	and other human resources functions that are in compliance with
78	78	state and federal law.
79	79	SECTION 3. Section 40.032, Human Resources Code, is amended
80	80	by adding Subsections (h) and (i) to read as follows:
81	81	(h) The commissioner shall prepare and the executive
82	82	commissioner by rule shall adopt personnel standards as provided by
83	83	Section 531.0055(f-1), Government Code.
84	84	(i) The commissioner shall establish a human resources
85	85	division within the department. The division is responsible for
86	86	personnel, recruiting, hiring, and other human resources
87	87	functions. The division shall assist the commissioner in
88	88	developing policies and procedures related to recruitment, hiring,
89	89	and other human resources functions that are in compliance with
90	90	state and federal law.
91	91	SECTION 4. Section 117.052, Human Resources Code, is
92	92	amended by amending Subsection (b) and adding Subsection (e) to
93	93	read as follows:
94	94	(b) The [executive] commissioner shall prepare and the
95	95	executive commissioner by rule shall adopt personnel standards as
96	96	provided by Section 531.0055(f-1), Government Code.
97	97	(e) The commissioner shall establish a human resources
98	98	division within the department. The division is responsible for
99	99	personnel, recruiting, hiring, and other human resources
100	100	functions. The division shall assist the commissioner in
101	101	developing policies and procedures related to recruitment, hiring,
102	102	and other human resources functions that are in compliance with
103	103	state and federal law.
104	104	SECTION 5. Section 161.052, Human Resources Code, is
105	105	amended by amending Subsection (b) and adding Subsection (e) to
106	106	read as follows:
107	107	(b) The [executive] commissioner shall prepare and the
108	108	executive commissioner by rule shall adopt personnel standards as
109	109	provided by Section 531.0055(f-1), Government Code.
110	110	(e) The commissioner shall establish a human resources
111	111	division within the department. The division is responsible for
112	112	personnel, recruiting, hiring, and other human resources
113	113	functions. The division shall assist the commissioner in
114	114	developing policies and procedures related to recruitment, hiring,
115	115	and other human resources functions that are in compliance with
116	116	state and federal law.
117	117	SECTION 6. On and after the effective date of this Act, the
118	118	executive commissioner of the Health and Human Services Commission
119	119	may not enter into or renew a contract with a private entity for the
120	120	performance of personnel, employment, or other human resources
121	121	functions for the commission or a health and human services agency,
122	122	as defined by Section 531.001, Government Code.
123	123	SECTION 7. A reference in law to the executive commissioner
124	124	of the Health and Human Services Commission or to the commission
125	125	with respect to a power, duty, function, or program related to
126	126	personnel, recruiting, hiring, or other human resources functions
127	127	related to a health and human services agency, as defined by Section
128	128	531.001, Government Code, means the agency to which the reference
129	129	is related or the chief executive officer of that agency, as
130	130	applicable.
131	131	SECTION 8. On the effective date of this Act:
132	132	(1) all powers, duties, functions, programs, and
133	133	activities related to personnel, recruiting, hiring, or other human
134	134	resources functions at a health and human services agency, as
135	135	defined by Section 531.001, Government Code, transfer from the
136	136	Health and Human Services Commission to that agency;
137	137	(2) all property and records in the custody of the
138	138	commission that relate to a transferred power, duty, function,
139	139	program, or activity and all funds appropriated by the legislature
140	140	for the power, duty, function, program, or activity, are
141	141	transferred to that health and human services agency; and
142	142	(3) a rule or form adopted by the executive
143	143	commissioner of the Health and Human Services Commission that
144	144	relates to the transferred power, duty, function, program, or
145	145	activity is a rule or form applicable to that agency and remains in
146	146	effect until modified by the executive commissioner as provided by
147	147	Section 531.0055(f-1), Government Code, as added by this Act.
148	148	SECTION 9. This Act takes effect September 1, 2009.