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.