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.