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  The following are repealed:                (1)  Section 531.0056, Government Code;                (2)  Sections 1001.051(a-1) and (b), Health and Safety   Code; and                (3) 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.