85R6680 JG-D
By: Birdwell, Nelson, Schwertner S.B. No. 670
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the commissioners of the health and
human services agencies by the governor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0055(a), Government Code, is amended
to read as follows:
(a) In this section [and in Section 531.0056], "agency
director" means the commissioner of a health and human services
agency.
SECTION 2. Section 1001.051, Health and Safety Code, is
amended by amending Subsections (a), (a-3), and (a-4) and adding
Subsections (a-5) and (a-6) to read as follows:
(a) The governor [executive commissioner] shall appoint a
commissioner of the department with the advice and consent of the
senate [approval of the governor]. The commissioner is to be
selected according to education, training, experience, and
demonstrated ability.
(a-3) The governor [executive commissioner] may, based on
the qualifications and experience in administering public health
systems, appoint [employ] a person other than a physician as the
commissioner.
(a-4) If the governor appoints [executive commissioner
employs] a person as commissioner who is not a physician, then the
executive commissioner shall designate a person licensed to
practice medicine in this state as chief medical executive.
(a-5) The commissioner shall be appointed without regard to
race, color, disability, sex, religion, age, or national origin.
(a-6) The commissioner serves a two-year term expiring
February 1 of each odd-numbered year.
SECTION 3. Section 40.027, Human Resources Code, is amended
by amending Subsection (a) and adding Subsections (a-1) and (a-2)
to read as follows:
(a) The governor [executive commissioner] shall appoint a
commissioner with the advice and consent of the senate [in
accordance with Section 531.0056, Government Code]. The
commissioner is to be selected according to education, training,
experience, and demonstrated ability.
(a-1) The commissioner shall be appointed without regard to
race, color, disability, sex, religion, age, or national origin.
(a-2) The commissioner serves a two-year term expiring
February 1 of each odd-numbered year.
SECTION 4. The following are repealed:
(1) Section 531.0056, Government Code;
(2) Sections 1001.051(a-1) and (b), Health and Safety
Code; and
(3) Section 40.027(b), Human Resources Code.
SECTION 5. (a) As soon as possible after the effective date
of this Act, the governor shall appoint the commissioner of state
health services and the commissioner of the Department of Family
and Protective Services as required by Section 1001.051, Health and
Safety Code, as amended by this Act, and Section 40.027, Human
Resources Code, as amended by this Act, respectively. A person
serving as the commissioner of state health services or the
commissioner of the Department of Family and Protective Services on
the effective date of this Act continues to serve in that capacity
until the governor makes the appointments required by this section.
(b) Notwithstanding Section 1001.051(a-6), Health and
Safety Code, as added by this Act, and Section 40.027(a-2), Human
Resources Code, as added by this Act, the terms of the initial
persons appointed by the governor as the commissioner of state
health services and the commissioner of the Department of Family
and Protective Services in accordance with Subsection (a) of this
section expire February 1, 2019.
SECTION 6. This Act takes effect September 1, 2017.