HBA-TYH C.S.H.J.R. 74 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 74
By: Gray
State Affairs
5/10/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under proposed H.B. 2641, the commissioner of health and human services
(commissioner) is given increased power over the operations of the health
and human services agencies.  This constitutional amendment is intended as
a companion to H.B. 2641.  C.S.H.J.R. 74 requires the submission to the
voters of a constitutional amendment allowing the commissioner to serve a
term of four years concurrently with the governor, who has the
responsibility of appointing the commissioner. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30, Article XVI, Texas Constitution, by adding
Subsection (e), to provide that if the legislature establishes an office,
known as the office of the commissioner of health and human services
(commissioner) or known by any other title, that is filled by appointment
by the governor and that is the single governing office of the state agency
responsible for coordinating the planning and delivery of health and human
services by the state health and human services agencies, the person
holding that office has a term of four years running concurrently with the
term of the governor.  Provides that the term of that officer expires on
the date on which the governor who appointed that officer ceases to hold
office as governor. 

SECTION 2.  Adds the following temporary provision to the Texas
Constitution: 

TEMPORARY PROVISION.  Provides that this temporary provision applies to the
constitutional amendment proposed by the 76th Legislature, Regular Session,
1999, that provides a four-year term for the commissioner and that provides
that  the term run concurrently with the term of the governor.  Provides
that the term of the commissioner on the effective date of this
constitutional amendment, expires as provided by that constitutional
amendment.  Provides that this temporary provision expires February 1,
2003.  

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in the caption by replacing "the
head of the state agency that has responsibility for coordinating health
and human services" with "the commissioner of health and human services." 

The substitute modifies the original bill in SECTIONS 1, 2, and 3 by
replacing references to "the head of the state agency that has
responsibility for coordinating health and human services," with references
to "the commissioner of health and human services."  

The substitute modifies the original bill in proposed Section 30(e),
Article XVI, Texas Constitution, by providing for the establishment of an
office known as the office of the commissioner of health  and human
services (or known by any other title), rather than the establishment of a
state agency responsible for coordinating the planning and delivery of
health and human services by the state health and human services agencies,
and by providing that the term of the commissioner expires on the date on
which the governor who appointed that officer ceases to hold office as
governor. 

The substitute modifies the original bill in SECTION 2 (proposed Subsection
(b) of the Temporary Provision) by  providing that the term of the
commissioner expires as provided by the constitutional amendment, rather
than expires at the time in 2003 prescribed by law for the expiration of
the governor's term.