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


Office of House Bill AnalysisH.J.R. 74
By: Gray
State Affairs
4/13/1999
Introduced



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.  As proposed, 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 a state
agency with  responsibility for coordinating the planning and delivery of
health and human services  by the state health and human services agencies
and if the legislature provides that the state agency is governed by a
single officer appointed by the governor, that officer has a term of four
years running concurrently with the term of the 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 head of the state agency with
responsibility for coordinating health and human services and that provides
that  the term run concurrently with the term of the governor.  Provides
that the term of the person who holds office as the head of that state
agency on the effective date of this constitutional amendment, expires at
the time in 2003 prescribed by law for the expiration of the governor's
term.  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.