By: Barrientos S.B. No. 1312
A BILL TO BE ENTITLED
AN ACT
1-1 relating to chief administrative officers of state agencies.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle A, Title 4, Government Code, is amended
1-4 by adding Chapter 407 to read as follows:
1-5 CHAPTER 407. CHIEF ADMINISTRATIVE OFFICERS OF STATE AGENCIES
1-6 Sec. 407.001. DEFINITIONS. In this chapter:
1-7 (1) "Chief administrative officer" means the
1-8 individual who is authorized by law to administer a state agency.
1-9 The term does not include an individual who is appointed by the
1-10 governor or who serves for a certain term of office.
1-11 (2) "Governing body" means a board, commission,
1-12 committee, council, or other group of individuals that is
1-13 collectively authorized by law to administer or make rules for a
1-14 state agency.
1-15 (3) "State agency" means a board, commission,
1-16 department, office, agency, or other entity that is in the
1-17 executive branch of state government, that was created by the
1-18 constitution or a law of this state, and that has statewide
1-19 jurisdiction. The term does not include an institution of higher
1-20 education or the State Board of Education.
1-21 Sec. 407.002. CONTINUANCE AS CHIEF ADMINISTRATIVE OFFICER.
1-22 (a) In preparation for the vote required by Subsection (b), the
1-23 governing body of each state agency shall conduct an evaluation of
2-1 the performance of its chief administrative officer. The governing
2-2 body shall invite and examine public comment on the performance of
2-3 the chief administrative officer during the evaluation process.
2-4 (b) The governing body of a state agency, at its first
2-5 regularly scheduled meeting in each even-numbered year, shall vote
2-6 to retain or replace its chief administrative officer. An
2-7 affirmative majority vote of the currently qualified members of the
2-8 governing body is required to retain the chief administrative
2-9 officer. A tie vote requires the retaking of the vote at the next
2-10 regularly scheduled meeting of the governing body. Prior to
2-11 retaking the vote and, in the event the vote is to replace the
2-12 chief administrative officer, until a successor is selected and
2-13 qualifies, the chief administrative officer has all the powers,
2-14 rights, duties, and obligations prescribed for the chief
2-15 administrative officer.
2-16 (c) If the vote does not favor retention of the chief
2-17 administrative officer and the vote is not required to be retaken,
2-18 the governing body shall set a date, not later than the 91st day
2-19 after the taking of the vote, as the final day of service of the
2-20 chief administrative officer. The governing body shall before that
2-21 day select a new chief administrative officer by the method
2-22 prescribed by law for the governing body of the state agency.
2-23 (d) The governing body may reconsider a vote taken under
2-24 Subsection (b) within 90 days of that vote, but the previous vote
2-25 may be overturned only by an affirmative two-thirds vote of the
3-1 then currently qualified members of the governing body.
3-2 (e) Nothing in this chapter shall alter the at-will nature
3-3 of employment of a chief administrative officer. A vote to retain
3-4 a chief administrative officer is not an entitlement to continue as
3-5 chief administrative officer for any period of time.
3-6 SECTION 2. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.