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.