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


Office of House Bill AnalysisH.J.R. 74
By: Gray
State Affairs
77/21/1999
Enrolled



BACKGROUND AND PURPOSE 

During the 76th Legislature, under proposed H.B. 2641, the commissioner of
health and human services (commissioner) was given increased power over the
operations of the health and human services agencies.  This constitutional
amendment was 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 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 serves at the pleasure of the governor notwithstanding
this section or any time limit prescribed by other law. 

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 the commissioner serves at the pleasure of the governor.
Provides that the person who holds office as the commissioner on the
effective date of that constitutional amendment is subject to that
amendment.  Provides that this temporary provision expires February 1,
2001.  

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.