6 | 4 | | AN ACT |
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7 | 5 | | relating to the appointment of the commissioners of the health and |
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8 | 6 | | human services agencies by the governor. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Section 531.0055(a), Government Code, is amended |
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11 | 9 | | to read as follows: |
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12 | 10 | | (a) In this section [and in Section 531.0056], "agency |
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13 | 11 | | director" means the commissioner of a health and human services |
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14 | 12 | | agency. |
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15 | 13 | | SECTION 2. Section 1001.051, Health and Safety Code, is |
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16 | 14 | | amended by amending Subsections (a), (a-3), (a-4), and (b) and |
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17 | 15 | | adding Subsection (a-5) to read as follows: |
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18 | 16 | | (a) The governor [executive commissioner] shall appoint a |
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19 | 17 | | commissioner of the department with the advice and consent of the |
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20 | 18 | | senate [approval of the governor]. The commissioner is to be |
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21 | 19 | | selected according to education, training, experience, and |
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22 | 20 | | demonstrated ability. |
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23 | 21 | | (a-3) The governor [executive commissioner] may, based on |
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24 | 22 | | the qualifications and experience in administering public health |
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25 | 23 | | systems, appoint [employ] a person other than a physician as the |
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26 | 24 | | commissioner. |
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27 | 25 | | (a-4) If the governor appoints [executive commissioner |
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28 | 26 | | employs] a person as commissioner who is not a physician, then the |
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29 | 27 | | executive commissioner shall designate a person licensed to |
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30 | 28 | | practice medicine in this state as chief medical executive. |
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31 | 29 | | (a-5) The commissioner shall be appointed without regard to |
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32 | 30 | | race, color, disability, sex, religion, age, or national origin. |
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33 | 31 | | (b) The commissioner serves at the pleasure of the governor |
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34 | 32 | | [executive commissioner]. |
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35 | 33 | | SECTION 3. Section 40.027, Human Resources Code, is amended |
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36 | 34 | | by amending Subsections (a) and (b) and adding Subsection (a-1) to |
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37 | 35 | | read as follows: |
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38 | 36 | | (a) The governor [executive commissioner] shall appoint a |
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39 | 37 | | commissioner with the advice and consent of the senate [in |
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40 | 38 | | accordance with Section 531.0056, Government Code]. The |
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41 | 39 | | commissioner is to be selected according to education, training, |
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42 | 40 | | experience, and demonstrated ability. |
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43 | 41 | | (a-1) The commissioner shall be appointed without regard to |
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44 | 42 | | race, color, disability, sex, religion, age, or national origin. |
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45 | 43 | | (b) The commissioner serves at the pleasure of the governor |
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46 | 44 | | [executive commissioner]. |
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47 | 45 | | SECTION 4. The following are repealed: |
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48 | 46 | | (1) Section 531.0056, Government Code; and |
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49 | 47 | | (2) Section 1001.051(a-1), Health and Safety Code. |
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50 | 48 | | SECTION 5. As soon as possible after the effective date of |
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51 | 49 | | this Act, the governor shall appoint the commissioner of state |
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52 | 50 | | health services and the commissioner of the Department of Family |
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53 | 51 | | and Protective Services as required by Section 1001.051, Health and |
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54 | 52 | | Safety Code, as amended by this Act, and Section 40.027, Human |
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55 | 53 | | Resources Code, as amended by this Act, respectively. A person |
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56 | 54 | | serving as the commissioner of state health services or the |
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57 | 55 | | commissioner of the Department of Family and Protective Services on |
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58 | 56 | | the effective date of this Act continues to serve in that capacity |
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59 | 57 | | until the governor makes the appointments required by this section. |
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60 | 58 | | SECTION 6. This Act takes effect September 1, 2017. |
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