Bill Text: TX HB1982 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to transferring the Texas Department of Rural Affairs to the Office of Rural Affairs within the Department of Agriculture, abolishing the board of the Texas Department of Rural Affairs, and establishing an advisory council.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-05 - Committee report sent to Calendars [HB1982 Detail]

Download: Texas-2011-HB1982-Comm_Sub.html

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82R23999 YDB-F
By: Callegari H.B. No. 1982
Substitute the following for H.B. No. 1982:
By: Frullo C.S.H.B. No. 1982

A BILL TO BE ENTITLED
AN ACT
relating to transferring the Texas Department of Rural Affairs to
the Office of Rural Affairs within the Department of Agriculture,
abolishing the board of the Texas Department of Rural Affairs, and
establishing an advisory council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 487, Government Code, is
amended to read as follows:
CHAPTER 487. OFFICE [TEXAS DEPARTMENT] OF RURAL
AFFAIRS IN DEPARTMENT OF AGRICULTURE
SECTION 2. Section 487.001, Government Code, is amended to
read as follows:
Sec. 487.001. DEFINITIONS. In this chapter:
(1) "Board" means the commissioner [board of the Texas
Department of Rural Affairs].
(2) "Commissioner" means the commissioner of
agriculture.
(3) "Department" means the office [Texas Department of
Rural Affairs].
(4) "Office" means the Office of Rural Affairs
established within the Department of Agriculture under Section
12.038, Agriculture Code.
SECTION 3. Subchapter A, Chapter 487, Government Code, is
amended by adding Section 487.003 to read as follows:
Sec. 487.003. REFERENCE IN LAW. (a) A reference in this
chapter or other law to the Texas Department of Rural Affairs means
the office and a reference in this chapter or other law to the board
of the Texas Department of Rural Affairs means the commissioner.
(b) A reference in law to the executive director of the
Texas Department of Rural Affairs means the director of the Office
of Rural Affairs appointed under Section 12.038, Agriculture Code.
SECTION 4. Section 487.026, Government Code, is amended to
read as follows:
Sec. 487.026. [EXECUTIVE] DIRECTOR. (a) The [board may
hire an executive] director serves [to serve] as the chief
executive officer of the office [department] and performs [to
perform] the administrative duties of the office [department].
(b) [The executive director serves at the will of the board.
[(c)] The [executive] director may hire staff within
guidelines established by the commissioner [board].
SECTION 5. Section 487.051(a), Government Code, is amended
to read as follows:
(a) The office [department] shall:
(1) assist rural communities in the key areas of
economic development, community development, rural health, and
rural housing;
(2) serve as a clearinghouse for information and
resources on all state and federal programs affecting rural
communities;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting rural communities in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
(5) monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
the condition of rural communities;
(6) administer the federal community development
block grant nonentitlement program;
(7) administer programs supporting rural health care
as provided by this chapter;
(8) perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural
communities;
(9) ensure that the office [department] qualifies as
the state's office of rural health for the purpose of receiving
grants from the Office of Rural Health Policy of the United States
Department of Health and Human Services under 42 U.S.C. Section
254r;
(10) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4;
(11) seek state and federal money available for
economic development in rural areas for programs under this
chapter;
(12) in conjunction with other offices and divisions
of the Department of Agriculture, regularly cross-train office
[department] employees with other employees of the Department of
Agriculture regarding the programs administered and services
provided [by each agency] to rural communities; and
(13) work with interested persons to assist volunteer
fire departments and emergency services districts in rural areas.
SECTION 6. Section 487.0541(c), Government Code, is amended
to read as follows:
(c) The work group shall meet at the call of the [executive]
director of the office [department].
SECTION 7. Section 487.055, Government Code, is amended to
read as follows:
Sec. 487.055. ADVISORY COMMITTEES. (a) The commissioner
[board] may appoint advisory committees as necessary to assist the
office [board] in performing its duties. An advisory committee may
be composed of private citizens and representatives from state and
local governmental entities. A state or local governmental entity
shall appoint a representative to an advisory committee at the
request of the commissioner [board].
(b) Chapter 2110 does not apply to an advisory committee
created under this section.
SECTION 8. Section 487.351(d), Government Code, is amended
to read as follows:
(d) An applicant for a grant, loan, or award under a
community development block grant program may appeal a decision of
the [executive] director by filing an appeal with the commissioner
[board]. The commissioner [board] shall hold a hearing on the
appeal and render a decision.
SECTION 9. Chapter 487, Government Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. TEXAS RURAL HEALTH AND ECONOMIC DEVELOPMENT
ADVISORY COUNCIL
Sec. 487.801. DEFINITION. In this subchapter, "advisory
council" means the Texas Rural Health and Economic Development
Advisory Council established under this subchapter.
Sec. 487.802. ESTABLISHMENT AND COMPOSITION OF ADVISORY
COUNCIL; PRESIDING OFFICER. (a) The commissioner shall establish
the Texas Rural Health and Economic Development Advisory Council,
composed of the following members:
(1) one local official in this state with health care
expertise, appointed by the commissioner;
(2) one county official in this state with health care
expertise, appointed by the commissioner;
(3) one senator serving a predominantly rural area,
appointed by the lieutenant governor;
(4) one member of the house of representatives serving
a predominantly rural area, appointed by the speaker of the house of
representatives;
(5) a representative of an institution of higher
education in this state that specializes in public health and
community and economic development, appointed by the commissioner;
and
(6) four public members with health care or economic
development expertise, appointed by the commissioner.
(b) The members of the advisory council serve staggered
three-year terms. A member of the council appointed by the
commissioner serves at the pleasure of the commissioner.
(c) The commissioner shall serve as presiding officer of the
advisory council and as a nonvoting member of the advisory council.
The commissioner is not counted as a member of the advisory council
for purposes of establishing a quorum.
Sec. 487.803. DUTIES OF ADVISORY COUNCIL. The advisory
council shall:
(1) advise the commissioner, director, and office on
rural policy priorities, including priorities for the use and
allocation in this state of federal block grant money;
(2) review this state's existing rural policies and
programs;
(3) meet with the representatives of state agencies
that administer rural programs as necessary to conduct the review
required under Subdivision (2);
(4) make recommendations to the office regarding the
allocation in this state of federal block grant money; and
(5) establish a rural health task force composed of
all or a portion of the members of the advisory council.
Sec. 487.804. RURAL POLICY PLAN. (a) Not later than
December 1 of each even-numbered year, the advisory council shall
develop a rural policy plan that includes:
(1) strategic initiatives for this state regarding
economic development, community development, and rural health,
including priorities for the use and allocation in this state of
federal block grant money; and
(2) recommendations for legislation and program
development or revision.
(b) Not later than January 1 of each even-numbered year, the
commissioner shall submit to the legislature a report of the
findings of the advisory council.
Sec. 487.805. RURAL HEALTH TASK FORCE. The rural health
task force shall:
(1) assist the advisory council in its efforts to
expand and improve access to health care in rural areas of this
state; and
(2) develop a statewide rural health plan for this
state that includes:
(A) strategic initiatives for this state
regarding rural health; and
(B) recommendations for legislation and program
development or revision.
Sec. 487.806. REIMBURSEMENT OF EXPENSES. A member of the
advisory council may not receive compensation for service on the
advisory council or rural health task force. Subject to
availability of funds, an advisory council member may receive
reimbursement for actual and necessary expenses incurred while
conducting advisory council or task force business, as appropriate.
SECTION 10. Section 535.051(b), Government Code, is amended
to read as follows:
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) the Office of Rural [Community] Affairs within the
Department of Agriculture;
(2) the Texas Commission on Environmental Quality;
(3) the Texas Department of Criminal Justice;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Education Agency;
(6) the Texas Juvenile Probation Commission;
(7) the Texas Veterans Commission;
(8) the Texas Workforce Commission;
(9) the Texas Youth Commission; and
(10) other state agencies as determined by the
governor.
SECTION 11. Section 2306.1092(b), Government Code, is
amended to read as follows:
(b) The council is composed of 16 members consisting of:
(1) the director;
(2) one representative from each of the following
agencies, appointed by the head of that agency:
(A) the Office of Rural [Community] Affairs
within the Department of Agriculture;
(B) the Texas State Affordable Housing
Corporation;
(C) the Health and Human Services Commission;
(D) the Department of Assistive and
Rehabilitative Services;
(E) the Department of Aging and Disability
Services; and
(F) the Department of State Health Services;
(3) one representative from the Department of
Agriculture who is:
(A) knowledgeable about the Texans Feeding
Texans and Retire in Texas programs or similar programs; and
(B) appointed by the head of that agency;
(4) one member who is:
(A) a member of the Health and Human Services
Commission Promoting Independence Advisory Committee; and
(B) appointed by the governor; and
(5) one representative from each of the following
interest groups, appointed by the governor:
(A) financial institutions;
(B) multifamily housing developers;
(C) health services entities;
(D) nonprofit organizations that advocate for
affordable housing and consumer-directed long-term services and
support;
(E) consumers of service-enriched housing;
(F) advocates for minority issues; and
(G) rural communities.
SECTION 12. Sections 487.002, 487.021, 487.022, 487.023,
487.024, 487.025, 487.028, 487.029, 487.051(b), 487.058, and
487.352, Government Code, are repealed.
SECTION 13. (a) The Texas Department of Rural Affairs is
abolished as an independent agency and transferred as a program to
the Office of Rural Affairs in the Department of Agriculture. The
board of the Texas Department of Rural Affairs is abolished.
(b) The validity of an action taken by the Texas Department
of Rural Affairs or its board before either is abolished under
Subsection (a) of this section is not affected by the abolishment.
(c) All rules, policies, procedures, and decisions of the
Texas Department of Rural Affairs are continued in effect as rules,
policies, procedures, and decisions of the Office of Rural Affairs
in the Department of Agriculture until superseded by a rule,
policy, procedure, or decision of the office.
(d) Any pending action or proceeding before the Texas
Department of Rural Affairs becomes an action or proceeding before
the Office of Rural Affairs in the Department of Agriculture.
SECTION 14. (a) On September 1, 2011:
(1) the position of executive director of the Texas
Department of Rural Affairs is abolished, except that the director
of the Office of Rural Affairs in the Department of Agriculture may
hire the executive director for a position in the office;
(2) an employee of the Texas Department of Rural
Affairs becomes an employee of the Office of Rural Affairs in the
Department of Agriculture;
(3) a reference in law to the Texas Department of Rural
Affairs means the Office of Rural Affairs in the Department of
Agriculture;
(4) all money, contracts, leases, rights, and
obligations of the Texas Department of Rural Affairs are
transferred to the Office of Rural Affairs in the Department of
Agriculture;
(5) all property, including records, in the custody of
the Texas Department of Rural Affairs becomes the property of the
Office of Rural Affairs in the Department of Agriculture; and
(6) all funds appropriated by the legislature to the
Texas Department of Rural Affairs are transferred to the Office of
Rural Affairs in the Department of Agriculture.
(b) A function or activity performed by the Texas Department
of Rural Affairs is transferred to the Office of Rural Affairs in
the Department of Agriculture as provided by this Act.
SECTION 15. As soon as practicable after the effective date
of this Act, the commissioner of agriculture, the lieutenant
governor, and the speaker of the house of representatives shall
appoint members to the Texas Rural Health and Economic Development
Advisory Council as required by Subchapter R, Chapter 487,
Government Code, as added by this Act.
SECTION 16. The Texas Department of Rural Affairs and the
Department of Agriculture shall establish a transition plan for the
transfer described in Sections 13 and 14 of this Act.
SECTION 17. This Act takes effect September 1, 2011.