1-1 By: Barrientos S.B. No. 1312
1-2 (In the Senate - Filed March 25, 1993; March 30, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 21, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to chief administrative officers of state agencies.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle A, Title 4, Government Code, is amended
1-26 by adding Chapter 407 to read as follows:
1-27 CHAPTER 407. CHIEF ADMINISTRATIVE OFFICERS OF STATE AGENCIES
1-28 Sec. 407.001. DEFINITIONS. In this chapter:
1-29 (1) "Chief administrative officer" means the
1-30 individual who is authorized by law to administer a state agency.
1-31 The term does not include an individual who is appointed by the
1-32 governor or who serves for a certain term of office.
1-33 (2) "Governing body" means a board, commission,
1-34 committee, council, or other group of individuals that is
1-35 collectively authorized by law to administer or make rules for a
1-36 state agency.
1-37 (3) "State agency" means a board, commission,
1-38 department, office, agency, or other entity that is in the
1-39 executive branch of state government, that was created by the
1-40 constitution or a law of this state, and that has statewide
1-41 jurisdiction. The term does not include an institution of higher
1-42 education or the State Board of Education.
1-43 Sec. 407.002. CONTINUANCE AS CHIEF ADMINISTRATIVE OFFICER.
1-44 (a) In preparation for the vote required by Subsection (b), the
1-45 governing body of each state agency shall conduct an evaluation of
1-46 the performance of its chief administrative officer. The governing
1-47 body shall invite and examine public comment on the performance of
1-48 the chief administrative officer during the evaluation process.
1-49 (b) The governing body of a state agency, at its first
1-50 regularly scheduled meeting in each even-numbered year, shall vote
1-51 to retain or replace its chief administrative officer. An
1-52 affirmative majority vote of the currently qualified members of the
1-53 governing body is required to retain the chief administrative
1-54 officer. A tie vote requires the retaking of the vote at the next
1-55 regularly scheduled meeting of the governing body. Prior to
1-56 retaking the vote and, in the event the vote is to replace the
1-57 chief administrative officer, until a successor is selected and
1-58 qualifies, the chief administrative officer has all the powers,
1-59 rights, duties, and obligations prescribed for the chief
1-60 administrative officer.
1-61 (c) If the vote does not favor retention of the chief
1-62 administrative officer and the vote is not required to be retaken,
1-63 the governing body shall set a date, not later than the 91st day
1-64 after the taking of the vote, as the final day of service of the
1-65 chief administrative officer. The governing body shall before that
1-66 day select a new chief administrative officer by the method
1-67 prescribed by law for the governing body of the state agency.
1-68 (d) The governing body may reconsider a vote taken under
2-1 Subsection (b) within 90 days of that vote, but the previous vote
2-2 may be overturned only by an affirmative two-thirds vote of the
2-3 then currently qualified members of the governing body.
2-4 (e) Nothing in this chapter shall alter the at-will nature
2-5 of employment of a chief administrative officer. A vote to retain
2-6 a chief administrative officer is not an entitlement to continue as
2-7 chief administrative officer for any period of time.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
2-15 * * * * *
2-16 Austin,
2-17 Texas
2-18 April 21, 1993
2-19 Hon. Bob Bullock
2-20 President of the Senate
2-21 Sir:
2-22 We, your Committee on State Affairs to which was referred S.B.
2-23 No. 1312, have had the same under consideration, and I am
2-24 instructed to report it back to the Senate with the recommendation
2-25 that it do pass and be printed.
2-26 Harris of
2-27 Dallas, Chairman
2-28 * * * * *
2-29 WITNESSES
2-30 No witnesses appeared on S.B. No. 1312.