81R10250 KLA-F
By: Coleman H.B. No. 2974
A BILL TO BE ENTITLED
AN ACT
relating to personnel, employment, and other human resources
functions of the Health and Human Services Commission and health
and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0055, Government Code, is amended by
amending Subsections (e) and (f) and adding Subsections (f-1) and
(f-2) to read as follows:
(e) Notwithstanding any other law, the executive
commissioner shall adopt rules and policies for the operation of
and provision of health and human services by the health and human
services agencies. In addition, the executive commissioner, as
necessary to perform the functions described by Subsections (b),
(c), and (d) in implementation of applicable policies established
for an agency by the executive commissioner, shall:
(1) subject to Subsection (f-1), manage and direct the
operations of each health and human services agency;
(2) supervise and direct the activities of each agency
director; and
(3) be responsible for the administrative supervision
of the internal audit program for all health and human services
agencies, including:
(A) selecting the director of internal audit;
(B) ensuring that the director of internal audit
reports directly to the executive commissioner; and
(C) ensuring the independence of the internal
audit function.
(f) Except as provided by Subsection (f-1), the [The]
operational authority and responsibility of the executive
commissioner for purposes of Subsection (e) at each health and
human services agency includes authority over and responsibility
for the:
(1) management of the daily operations of the agency,
including the organization and management of the agency and agency
operating procedures;
(2) allocation of resources within the agency,
including use of federal funds received by the agency;
(3) [personnel and employment policies;
[(4)] contracting, purchasing, and related policies,
subject to this chapter and other laws relating to contracting and
purchasing by a state agency;
(4) [(5)] information resources systems used by the
agency;
(5) [(6)] location of agency facilities; and
(6) [(7)] coordination of agency activities with
activities of other state agencies, including other health and
human services agencies.
(f-1) The executive commissioner has authority over and
responsibility for personnel and employment policies and human
resources functions at the commission, but does not have authority
over or responsibility for those policies and functions with
respect to the health and human services agencies, notwithstanding
any other law. The commissioners of each of those agencies shall
make recommendations to the executive commissioner regarding any
personnel or employment policies with respect to which rulemaking
is necessary, and the executive commissioner shall adopt rules to
implement those recommendations.
(f-2) The executive commissioner may not contract with a
private entity to perform any human resources functions for the
commission or the health and human services agencies.
SECTION 2. Section 1001.052, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) The [executive] commissioner shall prepare and the
executive commissioner by rule shall adopt personnel standards as
provided by Section 531.0055(f-1), Government Code.
(e) The commissioner shall establish a human resources
division within the department. The division is responsible for
personnel, recruiting, hiring, and other human resources
functions. The division shall assist the commissioner in
developing policies and procedures related to recruitment, hiring,
and other human resources functions that are in compliance with
state and federal law.
SECTION 3. Section 40.032, Human Resources Code, is amended
by adding Subsections (h) and (i) to read as follows:
(h) The commissioner shall prepare and the executive
commissioner by rule shall adopt personnel standards as provided by
Section 531.0055(f-1), Government Code.
(i) The commissioner shall establish a human resources
division within the department. The division is responsible for
personnel, recruiting, hiring, and other human resources
functions. The division shall assist the commissioner in
developing policies and procedures related to recruitment, hiring,
and other human resources functions that are in compliance with
state and federal law.
SECTION 4. Section 117.052, Human Resources Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) The [executive] commissioner shall prepare and the
executive commissioner by rule shall adopt personnel standards as
provided by Section 531.0055(f-1), Government Code.
(e) The commissioner shall establish a human resources
division within the department. The division is responsible for
personnel, recruiting, hiring, and other human resources
functions. The division shall assist the commissioner in
developing policies and procedures related to recruitment, hiring,
and other human resources functions that are in compliance with
state and federal law.
SECTION 5. Section 161.052, Human Resources Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) The [executive] commissioner shall prepare and the
executive commissioner by rule shall adopt personnel standards as
provided by Section 531.0055(f-1), Government Code.
(e) The commissioner shall establish a human resources
division within the department. The division is responsible for
personnel, recruiting, hiring, and other human resources
functions. The division shall assist the commissioner in
developing policies and procedures related to recruitment, hiring,
and other human resources functions that are in compliance with
state and federal law.
SECTION 6. On and after the effective date of this Act, the
executive commissioner of the Health and Human Services Commission
may not enter into or renew a contract with a private entity for the
performance of personnel, employment, or other human resources
functions for the commission or a health and human services agency,
as defined by Section 531.001, Government Code.
SECTION 7. A reference in law to the executive commissioner
of the Health and Human Services Commission or to the commission
with respect to a power, duty, function, or program related to
personnel, recruiting, hiring, or other human resources functions
related to a health and human services agency, as defined by Section
531.001, Government Code, means the agency to which the reference
is related or the chief executive officer of that agency, as
applicable.
SECTION 8. On the effective date of this Act:
(1) all powers, duties, functions, programs, and
activities related to personnel, recruiting, hiring, or other human
resources functions at a health and human services agency, as
defined by Section 531.001, Government Code, transfer from the
Health and Human Services Commission to that agency;
(2) all property and records in the custody of the
commission that relate to a transferred power, duty, function,
program, or activity and all funds appropriated by the legislature
for the power, duty, function, program, or activity, are
transferred to that health and human services agency; and
(3) a rule or form adopted by the executive
commissioner of the Health and Human Services Commission that
relates to the transferred power, duty, function, program, or
activity is a rule or form applicable to that agency and remains in
effect until modified by the executive commissioner as provided by
Section 531.0055(f-1), Government Code, as added by this Act.
SECTION 9. This Act takes effect September 1, 2009.