85R6680 JG-D
 
  By: Birdwell, Nelson, Schwertner S.B. No. 670
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of the commissioners of the health and
  human services agencies by the governor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.0055(a), Government Code, is amended
  to read as follows:
         (a)  In this section [and in Section 531.0056], "agency
  director" means the commissioner of a health and human services
  agency.
         SECTION 2.  Section 1001.051, Health and Safety Code, is
  amended by amending Subsections (a), (a-3), and (a-4) and adding
  Subsections (a-5) and (a-6) to read as follows:
         (a)  The governor [executive commissioner] shall appoint a
  commissioner of the department with the advice and consent of the
  senate [approval of the governor]. The commissioner is to be
  selected according to education, training, experience, and
  demonstrated ability.
         (a-3)  The governor [executive commissioner] may, based on
  the qualifications and experience in administering public health
  systems, appoint [employ] a person other than a physician as the
  commissioner.
         (a-4)  If the governor appoints [executive commissioner
  employs] a person as commissioner who is not a physician, then the
  executive commissioner shall designate a person licensed to
  practice medicine in this state as chief medical executive.
         (a-5)  The commissioner shall be appointed without regard to
  race, color, disability, sex, religion, age, or national origin.
         (a-6)  The commissioner serves a two-year term expiring
  February 1 of each odd-numbered year.
         SECTION 3.  Section 40.027, Human Resources Code, is amended
  by amending Subsection (a) and adding Subsections (a-1) and (a-2)
  to read as follows:
         (a)  The governor [executive commissioner] shall appoint a
  commissioner with the advice and consent of the senate [in
  accordance with Section 531.0056, Government Code]. The
  commissioner is to be selected according to education, training,
  experience, and demonstrated ability.
         (a-1)  The commissioner shall be appointed without regard to
  race, color, disability, sex, religion, age, or national origin.
         (a-2)  The commissioner serves a two-year term expiring
  February 1 of each odd-numbered year.
         SECTION 4.  The following are repealed:
               (1)  Section 531.0056, Government Code;
               (2)  Sections 1001.051(a-1) and (b), Health and Safety
  Code; and
               (3)  Section 40.027(b), Human Resources Code.
         SECTION 5.  (a)  As soon as possible after the effective date
  of this Act, the governor shall appoint the commissioner of state
  health services and the commissioner of the Department of Family
  and Protective Services as required by Section 1001.051, Health and
  Safety Code, as amended by this Act, and Section 40.027, Human
  Resources Code, as amended by this Act, respectively.  A person
  serving as the commissioner of state health services or the
  commissioner of the Department of Family and Protective Services on
  the effective date of this Act continues to serve in that capacity
  until the governor makes the appointments required by this section.
         (b)  Notwithstanding Section 1001.051(a-6), Health and
  Safety Code, as added by this Act, and Section 40.027(a-2), Human
  Resources Code, as added by this Act, the terms of the initial
  persons appointed by the governor as the commissioner of state
  health services and the commissioner of the Department of Family
  and Protective Services in accordance with Subsection (a) of this
  section expire February 1, 2019.
         SECTION 6.  This Act takes effect September 1, 2017.