By: Gray, Bosse, McCall (Senate SponsorBrown)H.B. No. 2641

(In the SenateReceived from the House April21,1999; April22,1999, read first time and referred to Committee on Human Services; May12,1999, reported adversely, with favorable Committee Substitute by the following vote: Yeas 3, Nays 1; May12,1999, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 2641By: Gallegos

A BILL TO BE ENTITLED

AN ACT

relating to the continuation and functions of the Health and Human Services Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GENERAL POWERS AND DUTIES OF HEALTH AND HUMAN

SERVICES COMMISSION

SECTION1.01.Section 531.004, Government Code, is amended to read as follows:

Sec.531.004.SUNSET PROVISION. The Health and Human Services Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2007 [1999].

SECTION1.02.Section 531.009, Government Code, is amended to read as follows:

Sec.531.009.PERSONNEL. (a)The commissioner shall employ a medical director to provide medical expertise to the commissioner and the commission and may employ other personnel necessary to administer the commission's duties.

(b)The commissioner or the commissioner's designated representative shall develop an intraagency career ladder program, one part of which must require the intraagency posting of all nonentrylevel positions concurrently with any public posting.

(c)The commissioner or the commissioner's designated representative shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for commission employees must be based on the system established under this subsection.

(d)The commissioner shall provide to commission employees as often as is necessary information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state employees.

(e)The commissioner or the commissioner's designated representative shall prepare and maintain a written policy statement that implements [to ensure implementation of] a program of equal employment opportunity to ensure that [under which] all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.

(f)The policy statement described by Subsection (e) must include:

(1)personnel policies, including policies relating to recruitment, evaluation, selection, [appointment,] training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law [a comprehensive analysis of the commission workforce that meets federal and state guidelines;

[(3)procedures by which a determination can be made of significant underuse in the commission workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and

[(4)reasonable methods to appropriately address areas of significant underuse in the commission workforce of all persons for whom federal or state guidelines encourage a more equitable balance].

(g)The policy statement described by Subsection (e) must:

(1)be updated annually;

(2)be reviewed by the state Commission on Human Rights for compliance with Subsection (f)(1); and

(3)be filed with the governor's office.

SECTION1.03.Section 531.011, Government Code, is amended by adding Subsection (g) to read as follows:

(g)In addition to the information file maintained under Subsection (e), the commission shall maintain an information file on a complaint received by the commission relating to any matter or agency under the jurisdiction of the commission.

SECTION1.04. Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.014 to read as follows:

Sec.531.014.CONSOLIDATION OF REPORTS. The commission may consolidate any annual or biennial reports required to be made under this chapter or another law if:

(1)the consolidated report is submitted not later than the earliest deadline for the submission of any component of the consolidated report; and

(2)each person required to receive a component of the consolidated report receives the consolidated report and the consolidated report identifies the component of the report the person was required to receive.

ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES

SECTION 2.01. Subchapter A, Chapter 531, Government Code, is amended by adding Sections 531.0055, 531.0056, and 531.0057 to read as follows:

Sec.531.0055.COMMISSIONER: RESPONSIBILITY RELATING TO CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a)In this section and in Section 531.0056:

(1)"Agency director" means the director, executive director, or commissioner of a health and human services agency.

(2)"Policymaking body" means the board or commission with policymaking authority over a health and human services agency.

(b)The commission shall:

(1)supervise the administration and operation of the Medicaid program, including the administration and operation of the Medicaid managed care system in accordance with Section 531.021;

(2)supervise information systems planning and management for health and human services agencies under Section 531.0273;

(3)monitor and ensure the effective use of all federal funds received by a health and human services agency in accordance with Section 531.028 and the General Appropriations Act; and

(4)implement Texas Integrated Enrollment Services as required by Subchapter F.

(c)After implementation of the commission's duties under Subsection (b), the commission shall implement the powers and duties given to the commission under Sections 531.0246, 531.0247, 2155.144, as added by Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997, and 2167.004.

(d)After implementation of the commission's duties under Subsections (b) and (c), the commission shall implement the powers and duties given to the commission under Section 531.0248. Nothing in the priorities established by this section is intended to limit the authority of the commission to work simultaneously to achieve the multiple tasks assigned to the commission in this section, when such an approach is beneficial in the judgment of the commission. The commission shall plan and implement an efficient and effective system of administrative support services for health and human services agencies. The term "administrative support services" includes, but is not limited to, strategic planning, audit, legal, human resources, and accounting services.

(e)Notwithstanding any other law, the commissioner, as necessary to perform the functions described by Subsections (b), (c), and (d) in implementation of the policies established by each agency's policymaking body, shall:

(1)manage and direct the operations of each health and human services agency; and

(2)supervise and direct the activities of each agency director.

(f)The operational authority of the commissioner for purposes of Subsection (e) at each health and human services agency includes authority over the:

(1)management of the daily operations of the agency, including the organization and management of the agency and agency operating procedures;

(2)allocation of resources within the agency, including use of federal funds received by the agency;

(3)personnel and employment policies;

(4)contracting, purchasing, and related policies, subject to this chapter and other laws relating to contracting and purchasing by a state agency;

(5)information resources systems used by the agency;

(6)location of agency facilities; and

(7)coordination of agency activities with activities of other state agencies, including other health and human services agencies.

(g)Notwithstanding any other law, the operational authority of the commissioner for purposes of Subsection (e) at each health and human services agency includes the authority to adopt or approve, subject to applicable limitations, any rate of payment or similar provision required by law to be adopted or approved by the agency.

(h)For each health and human services agency, the commissioner shall implement a program to evaluate and supervise the daily operations of the agency. The program must include measurable performance objectives for each agency director and adequate reporting requirements to permit the commissioner to perform the duties assigned to the commissioner under this section.

(i)To facilitate the operations of a health and human services agency in accordance with this section, the commissioner may delegate a specific power or duty given under Subsection (f) or (g) to an agency director.

(j)The commissioner may adopt rules to implement the commissioner's authority under this section.

(k)The commissioner and each agency director shall enter into a memorandum of understanding that:

(1)clearly defines the responsibilities of the agency director and the commissioner;

(2)establishes the program of evaluation and supervision of daily operations required by Subsection (h); and

(3)describes each delegation of a power or duty made under Subsection (i).

(l)Notwithstanding any other provision of this section, a policymaking body has the authority provided by law to adopt policies and rules governing the delivery of services to persons who are served by the agency and the rights and duties of persons who are served or regulated by the agency. The commissioner and each policymaking body shall enter into a memorandum of understanding that clearly defines:

(1)the policymaking authority of the policymaking body; and

(2)the operational authority of the commissioner.

Sec.531.0056.EMPLOYMENT OF AGENCY DIRECTOR. (a)This section applies only to an agency director employed by the commissioner.

(b)An agency director employed by the commissioner may be employed only with the concurrence of the agency's policymaking body and the approval of the governor.

(c)Notwithstanding any other provision of law, the commissioner shall obtain the services of an agency director through a personal services contract and may establish terms and conditions of employment in the contract. Contracts entered into under this subsection expire on January 1 of each evennumbered year.

(d)An agency director employed by the commissioner serves at the pleasure of the commissioner but may be discharged only with the concurrence of the agency's policymaking body and only in accordance with the contract.

(e)On expiration of the contract, the commissioner shall employ or reemploy an agency director in accordance with Subsection (b). The commissioner shall employ the agency director on a timely basis in a manner that ensures that the services of the agency director are expediently obtained.

Sec.531.0057.AUTHORITY OVER RULEMAKING AT HEALTH AND HUMAN SERVICES AGENCY. (a)Notwithstanding any other law, a health and human services agency must notify the commissioner before proposing a rule. A rule adopted in violation of this section is void.

(b)The commissioner may waive the requirement of this section as necessary to permit emergency rulemaking in accordance with Section 2001.034.

SECTION2.02.Section 21.004, Human Resources Code, is amended to read as follows:

Sec.21.004.COMMISSIONER. (a)The Commissioner of Human Services is the executive and administrative officer of the department. The commissioner exercises all rights, powers, and duties imposed or conferred by law on the department unless the right, power, or duty is specifically delegated by the commissioner of health and human services [board] to the department's agents or employees.

(b)The commissioner is employed [appointed] by the commissioner of health and human services in accordance with Section 531.0056, Government Code [board with the approval of the governor and serves at the pleasure of the board].

(c)To be eligible for employment [appointment] as commissioner, a person must be at least 35 years old, have had experience as an executive or administrator, and not have served as an elected state officer as defined by Chapter 572, Government Code, during the sixmonth period preceding the date of the employment [appointment].

SECTION2.03.Chapter 22, Human Resources Code, is amended by adding Section 22.0001 to read as follows:

Sec.22.0001.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the board and commissioner as provided by Section 531.0055, Government Code. To the extent a power or duty given to the board or commissioner by this title or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.

SECTION2.04.Section 40.027, Human Resources Code, is amended to read as follows:

Sec.40.027.EXECUTIVE DIRECTOR. (a)The commissioner of health and human services [board] shall employ the executive director in accordance with Section 531.0056, Government Code [with the approval of the governor. The executive director serves at the pleasure of the board].

(b)The executive director is the executive head of the department. The executive director shall perform the duties assigned by the commissioner of health and human services [board] and state law.

SECTION 2.05. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0505 to read as follows:

Sec.40.0505.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the board and executive director as provided by Section 531.0055, Government Code. To the extent a power or duty given to the board or executive director by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.

SECTION2.06.Chapter 73, Human Resources Code, is amended by adding Section 73.0045 to read as follows:

Sec.73.0045.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the board and the executive director of the board as provided by Section 531.0055, Government Code. To the extent a power or duty given to the board or executive director by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.

SECTION2.07.Sections 73.0052(b) and (c), Human Resources Code, are amended to read as follows:

(b)The commissioner of health and human services [board] shall employ an executive director in accordance with Section 531.0056, Government Code. The[, and the] executive director shall establish necessary administrative units[,] and hire other necessary employees.

(c)Utilizing established standards, the commissioner of health and human services [board] shall evaluate the performance of the executive director annually.

SECTION2.08.Chapter 81, Human Resources Code, is amended by adding Section 81.0055 to read as follows:

Sec.81.0055.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the commission and the executive director of the commission as provided by Section 531.0055, Government Code. To the extent a power or duty given to the commission or executive director by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.

SECTION2.09.Sections 81.008(a) and (b), Human Resources Code, are amended to read as follows:

(a)The commissioner of health and human services [commission] shall employ [appoint] an executive director in accordance with Section 531.0056, Government Code [with the approval of the governor].

(b)In selecting an executive director, the commissioner of health and human services [commission] shall give preference to a deaf or hard of hearing person.

SECTION2.10.Sections 91.012(a), (b), and (d), Human Resources Code, are amended to read as follows:

(a)The commissioner of health and human services [commission] shall employ [annually appoint] an executive director in accordance with Section 531.0056, Government Code [with the approval of the governor].

(b)The commissioner of health and human services [commission] shall select the executive director, according to established personnel standards, on the basis of education, training, experience, and demonstrated ability.

(d)The [On commission approval, the] executive director:

(1)shall appoint personnel necessary to efficiently accomplish commission purposes;

(2)may delegate to an employee a power of the executive director except the power to adopt rules or appoint personnel;

(3)shall establish appropriate administrative units within commission programs;

(4)may accept and use gifts and grants to the commission to carry out the purposes of this title, if the commission determines that the conditions of the gift or grant are consistent with this title; and

(5)may take other actions that the executive director considers necessary or appropriate to carry out commission purposes.

SECTION2.11.Subchapter C, Chapter 91, Human Resources Code, is amended by adding Section 91.0205 to read as follows:

Sec.91.0205.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the commission and executive director as provided by Section 531.0055, Government Code. To the extent a power or duty given to the commission or executive director by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.

SECTION2.12.Section 101.004(a), Human Resources Code, is amended to read as follows:

(a)The commissioner of health and human services [board] shall employ [appoint] an executive director of aging in accordance with Section 531.0056, Government Code [with the approval of the governor]. The executive director shall discharge all executive and administrative functions of the department. The executive director must be a person with executive ability and experience in the area of aging. [The executive director serves at the pleasure of the board.]

SECTION2.13.Subchapter B, Chapter 101, Human Resources Code, is amended by adding Section 101.0205 to read as follows:

Sec.101.0205.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the board and executive director as provided by Section 531.0055, Government Code. To the extent a power or duty given to the board or executive director by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.

SECTION2.14.Section 111.017, Human Resources Code, is amended to read as follows:

Sec.111.017.COMMISSIONER. (a)This chapter is administered by the commissioner under operational policies established by the commissioner of health and human services [board]. The commissioner is employed [appointed] by the commissioner of health and human services in accordance with Section 531.0056, Government Code [board, with the approval of the governor], on the basis of education, training, experience, and demonstrated ability.

(b)The commissioner serves as [at the pleasure of the board and is] secretary to the board, as well as chief administrative officer of the agency.

SECTION2.15. Subchapter C, Chapter 111, Human Resources Code, is amended by adding Section 111.0505 to read as follows:

Sec.111.0505.POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. The commissioner of health and human services has the powers and duties relating to the commission and commissioner as provided by Section 531.0055, Government Code. To the extent a power or duty given to the commission or commissioner by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.