Amend CSHB 2641 as follows:
(1) Strike SECTION 2.02 and substitute the following
language:
SECTION 2.02. Section 21.004 (a) and (b), Human Resources
Code, are amended to read as follows:
(a) The Commissioner of Human Services is the executive and
administrative officer of the department. The commissioner
exercises all rights, powers, and duties imposed or conferred by
law on the department unless the right, power, or duty is
specifically delegated by the commissioner of health and human
services <board> to the department's agents or employees.
(b) The commissioner is appointed by the commissioner of
health and human services <board> with the concurrence of the board
and the approval of the governor. The commissioner <and> serves at
the pleasure of the commissioner of health and human services
board.
(2) Strike SECTION 2.04 and substitute the following
language:
SECTION 2.04. Section 40.027, Human Resources Code, is
amended to read as follows:
Section 40.027. EXECUTIVE DIRECTOR. (a) The commissioner of
health and human services shall appoint <board shall employ> the
executive director with the concurrence of the board and the
approval of the governor. The commissioner of health and human
services may discharge the executive director with the concurrence
of the board. The executive director serves at the pleasure of the
commissioner and board.
(b) The executive director is the executive head of the
department. The executive director shall perform the duties
assigned by the commissioner of health and human services <board>
and state law.
(3) Strike SECTION 2.07 and substitute the following
language:
SECTION 2.07. Sections 73.0052 (b) and (c), Human Resources
Code, are amended to read as follows:
(b) The commissioner of health and human services shall
appoint <board shall employ> an executive director with the
concurrence of the board and the approval of the governor. The
executive director serves at the pleasure of the commissioner. The
<, and the> executive director shall establish necessary
administrative units, and hire other necessary employees.
(c) Utilizing established standards, the commissioner of
health and human services <board> shall evaluate the performance of
the executive director annually.
(4) Strike SECTION 2.09 and substitute the following
language:
SECTION 2.09. Section 81.008 (a) and (b), Human Resources
Code, are amended to read as follows:
(a) The commissioner of health and human services
<commission> shall appoint an executive director with the
concurrence of the commission and the approval of the governor.
The executive director serves at the pleasure of the commissioner.
(b) In selecting an executive director, the commissioner of
health and human services <commission> shall give preference to a
deaf or hard of hearing person.
(5) Strike SECTION 2.10 and substitute the following
language:
SECTION 2.10. Sections 91.012 (a), (b), and (d), Human
Resources Code, are amended to read as follows:
(a) The commissioner of health and human services
<commission> shall <annually> appoint an executive director with
the concurrence of the commission and the approval of the governor.
The executive director serves at the pleasure of the commissioner.
(b) The commissioner of health and human services
<commission> shall select the executive director, according to
established personnel standards, on the basis of education,
training, experience, and demonstrated ability.
(d) The <On commission approval, the> executive director:
(1) shall appoint personnel necessary to efficiently
accomplish commission purposes;
(2) may delegate to an employee a power of the
executive director except the power to adopt rules or appoint
personnel;
(3) shall establish appropriate administrative units
within commission programs;
(4) may accept and use gifts and grants to the
commission to carry out the purposes of this title. If the
commission determines that the conditions of the gift or grant are
consistent with this title; and
(5) may take other actions that the executive director
considers necessary or appropriate to carry out commission
purposes.
(6) Strike SECTION 2.12 and substitute the following
language:
SECTION 2.12. Section 101.004(a), Human Resources Code, is
amended to read as follows:
(a) The commissioner of health and human services <board>
shall appoint an executive director of aging with the concurrence
of the board and the approval of the governor. The executive
director shall discharge all executive and administrative functions
of the department. The executive director must be a person with
executive ability and experience in the area of aging. The
executive director serves at the pleasure of the commissioner
<board>.
(7) Strike SECTION 2.14 and substitute the following
language:
SECTION 2.14. Section 111.017, Human Resources Code, is
amended to read as follows:
Sec. 111.017. COMMISSIONER. This chapter is administered by
the commissioner under operational policies established by the
commissioner of health and human services <board>. The
commissioner is appointed by the commissioner of health and human
services <board> , with the concurrence of the board and the
approval of the governor, on the basis of education, training,
experience, and demonstrated ability. The commissioner serves at
the pleasure of the commissioner of health and human services. The
commissioner serves as <board and is> secretary to the board, as
well as chief administrative officer of the agency.
(8) Strike SECTION 2.17 and substitute the following
language:
SECTION 2.17. Sections 11.012 (a), (b), (c), and (d), Health
and Safety Code, are amended to read as follows:
Sec. 11.012 COMMISSIONER. (a) The commissioner of health
and human services shall appoint <board shall employ> the
commissioner with the concurrence of the board and the approval of
the governor. The commissioner serves at the will of the
commissioner of health and human services <board>.
(b) Except as provided in Subsection (c), the commissioner
must:
(1) have at least five years of experience in the
administration of public health systems; and
(2) be a person licensed to practice medicine in this
state.
(c) The commissioner of health and human services <board>
may, based on the qualifications and experience in administering
public health systems, appoint <and on two thirds vote of the
board, employ> a person other than a physician as the commissioner.
(d) If the commissioner of health and humans services
appoints <board employs> a person as commissioner who is not a
physician, then the board shall designate a person licensed to
practice medicine in this state as chief medical executive.
(9) Strike SECTION 2.19 and substitute the following
language:
SECTION 2.19. Section 461.011 (a), Health and Safety Code,
is amended to read as follows:
(a) The commissioner of health and human services
<commission> shall employ an executive director with the
concurrence of the commission and the approval of the governor.
The executive director serves at the pleasure of the commissioner.
The executive director shall hire other necessary employees.
(10) Strike SECTION 2.21 and substitute the following
language:
SECTION 2.21. Sections 532.011 (a), (c), (d), and (f),
Health and Safety Code, are amended to read as follows:
(a) The commissioner of health and human services <board>
shall appoint a commissioner with the concurrence of the board and
the approval of the governor.
(c) The commissioner holds office at the will of the
commissioner of health and human services <board>.
(d) The <Subject to board rules and basic and general
policies, the> commissioner:
(1) has the administrative and decisional powers
granted under this subtitle; and
(2) shall administer the department and this subtitle
and ensure <assure> the effective administration of the department
and its programs and services.
(f) The <With the board's approval, the> commissioner shall:
(1) establish an organizational structure within the
department that will promote the effective administration of this
subtitle; and
(2) establish the rules and functions of the
department's staff.
(11) In SECTION 2.23 amend subsection (b) by striking "the
respective appointing authority with the concurrence of the
commissioner of health and human services" and substituting "the
commissioner of health and human services with the concurrence of
the agency governing board."
Add subsection (c) to read as follows:
(c) With the concurrence of the agency governing board and
the approval of the governor, the commissioner of health and human
services is authorized to appoint the agency director of an agency
added to those agencies defined as health and human service
agencies in Government Code Sec. 531.001 by any other act of the
76th legislature. The agency director serves at the pleasure of
the commissioner of health and human services.