Tex. Health & Safety Code Section 1001.051
Commissioner


(a)

The executive commissioner shall appoint a commissioner of the department with the approval of the governor. The commissioner is to be selected according to education, training, experience, and demonstrated ability.

(a-1)

The executive commissioner shall employ the commissioner in accordance with Section 531.0056 (Appointment of Agency Director by Executive Commissioner), Government Code.

(a-1)

The executive commissioner shall employ the commissioner in accordance with Subchapter B, Chapter 524 (Authority over Health and Human Services System), Government Code, and Section 524.0101 (Memorandum of Understanding Between Executive Commissioner and Health and Human Services Agency Commissioner)(b), Government Code.

(a-2)

Except as provided in Subsection (a-3), the commissioner must:

(1)

have at least five years of experience in the administration of public health systems; and

(2)

be a person licensed to practice medicine in this state.

(a-3)

The executive commissioner may, based on the qualifications and experience in administering public health systems, employ a person other than a physician as the commissioner.

(a-4)

If the 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.

(b)

The commissioner serves at the pleasure of the executive commissioner.

(b-1)

The executive commissioner may supplement the salary of the commissioner with the approval of the governor. The salary may not exceed 1.5 times the salary of the governor, from funds appropriated to the department. The use of funds from other sources are not limited by this subsection.

(c)

Subject to the control of the executive commissioner, the commissioner shall:

(1)

act as the department’s chief administrative officer;

(2)

in accordance with the procedures prescribed by Section 531.00551 (Procedures for Adopting Rules and Policies), Government Code, assist the executive commissioner in the development and implementation of policies and guidelines needed for the administration of the department’s functions;

(3)

in accordance with the procedures adopted by the executive commissioner under Section 531.00551 (Procedures for Adopting Rules and Policies), Government Code, assist the executive commissioner in the development of rules relating to the matters within the department’s jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and

(4)

serve as a liaison between the department and commission.

(c)

Subject to the control of the executive commissioner, the commissioner shall:

(1)

act as the department’s chief administrative officer;

(2)

in accordance with the procedures prescribed by Section 524.0152 (Procedures for Adopting Rules and Policies), Government Code, assist the executive commissioner in the development and implementation of policies and guidelines needed for the administration of the department’s functions;

(3)

in accordance with the procedures adopted by the executive commissioner under Section 524.0152 (Procedures for Adopting Rules and Policies), Government Code, assist the executive commissioner in the development of rules relating to the matters within the department’s jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and

(4)

serve as a liaison between the department and commission.

(d)

The commissioner shall administer this chapter under operational policies established by the executive commissioner and in accordance with the memorandum of understanding under Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System)(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

(d)

The commissioner shall administer this chapter under operational policies established by the executive commissioner and in accordance with the memorandum of understanding under Section 524.0101 (Memorandum of Understanding Between Executive Commissioner and Health and Human Services Agency Commissioner)(a), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0006, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1631, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.68, eff. April 1, 2025.

Source: Section 1001.051 — Commissioner, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­1001.­htm#1001.­051 (accessed Apr. 29, 2024).

1001.001
Definitions
1001.002
Agency and Agency Functions
1001.003
Sunset Provision
1001.004
References in Law Meaning Department
1001.005
References in Law Meaning Commissioner or Designee
1001.028
Public Interest Information and Complaints
1001.029
Public Access and Testimony
1001.030
Policymaking and Management Responsibilities
1001.032
Offices
1001.033
Application Requirement for Colonias Projects
1001.034
Investigation of Department
1001.035
Advisory Committees
1001.051
Commissioner
1001.052
Personnel
1001.053
Information About Qualifications and Standards of Conduct
1001.054
Merit Pay
1001.055
Career Ladder
1001.056
Equal Employment Opportunity Policy
1001.071
General Powers and Duties of Department Related to Health Care
1001.072
General Powers and Duties of Department Related to Mental Health
1001.073
General Powers and Duties of Department Related to Substance Abuse
1001.074
Information Regarding Complaints
1001.075
Rules
1001.077
Adult Diabetes Education Program
1001.078
Funding Formula
1001.079
Public Health Threat Policy
1001.080
Health Insurance Coverage Information
1001.081
Health Insurance Exchange Information
1001.084
Contracting and Auditing Authority
1001.085
Management and Direction by Executive Commissioner
1001.086
Treatment Alternatives Training Curriculum for Judges and Attorneys
1001.087
Contracting for and Administration of Certain Functions Relating to Substance Abuse
1001.088
Mental Health and Substance Abuse Hotlines
1001.089
Public Health Data
1001.151
Texas Medical Child Abuse Resources and Education System Grant Program
1001.152
Use of Grant
1001.154
Gifts and Grants
1001.155
Required Report
1001.156
Rules
1001.157
Appropriation Required
1001.201
Definitions
1001.202
Grants for Training of Mental Health First Aid Trainers
1001.203
Grants for Training Certain Individuals in Mental Health First Aid
1001.204
Plans for Mental Health First Aid Training Programs
1001.205
Reports
1001.206
Liability
1001.207
Program Promotion
1001.221
Definitions
1001.222
General Powers and Duties
1001.224
Annual Report
1001.225
Limitation on Grants
1001.241
Maternal Mortality Reporting and Investigation Information
1001.281
Data Collection and Analysis Regarding Opioid Overdose Deaths and Co-occurring Substance Use Disorders
1001.0305
Local Health Entity Policy
1001.0515
Office of Chief State Epidemiologist
1001.0711
School Health Advisory Committee

Accessed:
Apr. 29, 2024

§ 1001.051’s source at texas​.gov