2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.084. Contracting and Auditing Authority; Delegation

Text of section as added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1635
For text of section as redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(34), see other Sec. 1001.084.
Sec. 1001.084.  CONTRACTING AND AUDITING AUTHORITY; DELEGATION.
Text of subsection effective on April 01, 2025
(a)  The executive commissioner, as authorized by Section 524.0002, Government Code, may delegate to the department the executive commissioner's authority under that section for contracting and auditing relating to the department's powers, duties, functions, and activities.
Text of subsection effective until April 01, 2025
(a)  The executive commissioner, as authorized by Section 531.0055, Government Code, may delegate to the department the executive commissioner's authority under that section for contracting and auditing relating to the department's powers, duties, functions, and activities.
(b)  If the executive commissioner does not make a delegation under Subsection (a), a reference in law to the department with respect to the department's contracting or auditing authority means the executive commissioner.  If the executive commissioner makes a delegation under Subsection (a), a reference in law to the department's contracting or auditing authority means that authority the executive commissioner has delegated to the department.
(c)  If the executive commissioner revokes all or part of a delegation made under Subsection (a), a reference in law to the department with respect to a function for which the delegation was revoked means the executive commissioner or another entity to which the executive commissioner delegates that authority.
Text of subsection effective until April 01, 2025
(d)  It is the legislature's intent that the executive commissioner retain the authority over and responsibility for contracting and auditing at each health and human services agency as provided by Section 531.0055, Government Code.  A statute enacted on or after January 1, 2015, that references the contracting or auditing authority of the department does not give the department direct contracting or auditing authority unless the statute expressly provides that the contracting or auditing authority:
(1)  is given directly to the department; and
(2)  is an exception to the exclusive contracting and auditing authority given to the executive commissioner under Section 531.0055, Government Code.
Text of subsection effective on April 01, 2025
(d)  It is the legislature's intent that the executive commissioner retain the authority over and responsibility for contracting and auditing at each health and human services agency as provided by Section 524.0002, Government Code.  A statute enacted on or after January 1, 2015, that references the contracting or auditing authority of the department does not give the department direct contracting or auditing authority unless the statute expressly provides that the contracting or auditing authority:
(1)  is given directly to the department; and
(2)  is an exception to the exclusive contracting and auditing authority given to the executive commissioner under Section 524.0002, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1635, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.70, eff. April 1, 2025.
Text of section as redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(34)
For text of section as added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1635, see other Sec. 1001.084.
For expiration of Subsections (d), (d-1), and (d-2), see Subsection (d-2).