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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of the commissioners of the health and |
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human services agencies by the governor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.0055(a), Government Code, is amended |
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to read as follows: |
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(a) In this section [and in Section 531.0056], "agency |
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director" means the commissioner of a health and human services |
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agency. |
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SECTION 2. Section 1001.051, Health and Safety Code, is |
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amended by amending Subsections (a), (a-3), (a-4), and (b) and |
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adding Subsection (a-5) to read as follows: |
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(a) The governor [executive commissioner] shall appoint a |
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commissioner of the department with the advice and consent of the |
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senate [approval of the governor]. The commissioner is to be |
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selected according to education, training, experience, and |
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demonstrated ability. |
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(a-3) The governor [executive commissioner] may, based on |
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the qualifications and experience in administering public health |
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systems, appoint [employ] a person other than a physician as the |
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commissioner. |
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(a-4) If the governor appoints [executive commissioner
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employs] a person as commissioner who is not a physician, then the |
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executive commissioner shall designate a person licensed to |
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practice medicine in this state as chief medical executive. |
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(a-5) The commissioner shall be appointed without regard to |
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race, color, disability, sex, religion, age, or national origin. |
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(b) The commissioner serves at the pleasure of the governor |
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[executive commissioner]. |
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SECTION 3. Section 40.027, Human Resources Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) The governor [executive commissioner] shall appoint a |
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commissioner with the advice and consent of the senate [in
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accordance with Section 531.0056, Government Code]. The |
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commissioner is to be selected according to education, training, |
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experience, and demonstrated ability. |
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(a-1) The commissioner shall be appointed without regard to |
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race, color, disability, sex, religion, age, or national origin. |
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(b) The commissioner serves at the pleasure of the governor |
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[executive commissioner]. |
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SECTION 4. The following are repealed: |
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(1) Section 531.0056, Government Code; and |
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(2) Section 1001.051(a-1), Health and Safety Code. |
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SECTION 5. As soon as possible after the effective date of |
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this Act, the governor shall appoint the commissioner of state |
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health services and the commissioner of the Department of Family |
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and Protective Services as required by Section 1001.051, Health and |
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Safety Code, as amended by this Act, and Section 40.027, Human |
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Resources Code, as amended by this Act, respectively. A person |
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serving as the commissioner of state health services or the |
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commissioner of the Department of Family and Protective Services on |
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the effective date of this Act continues to serve in that capacity |
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until the governor makes the appointments required by this section. |
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SECTION 6. This Act takes effect September 1, 2017. |