Bill Text: TX HB2463 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the continuation of the functions of the Department of Assistive and Rehabilitative Services and certain other functions.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2015-06-17 - See remarks for effective date [HB2463 Detail]
Download: Texas-2015-HB2463-Enrolled.html
H.B. No. 2463 |
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relating to the continuation of the functions of the Department of | ||
Assistive and Rehabilitative Services and certain other functions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 117.001, Human Resources Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (1-a), | ||
(1-b), (4-a), and (4-b) to read as follows: | ||
(1) "Caseworker" means a department employee who | ||
manages a client's case under a direct services program and | ||
provides direct services to the client under the program. | ||
(1-a) "Center for independent living" has the meaning | ||
assigned by Section 702 of the federal Rehabilitation Act of 1973 | ||
(29 U.S.C. Section 796a). | ||
(1-b) "Commission" means the Health and Human Services | ||
Commission. | ||
(4-a) "Direct services" means services provided to a | ||
client by a department employee, including counseling, | ||
facilitating the purchase of services from a source other than the | ||
department, and purchasing equipment and other items and providing | ||
other services necessary for the client to successfully complete a | ||
department program. | ||
(4-b) "Direct services program" means a program | ||
operated by the department through which direct services are | ||
provided. | ||
SECTION 2. Subchapter D, Chapter 117, Human Resources Code, | ||
is amended by adding Sections 117.079, 117.080, 117.081, and | ||
117.082 to read as follows: | ||
Sec. 117.079. INTEGRATION OF INDEPENDENT LIVING SERVICES | ||
PROGRAMS. (a) Not later than September 1, 2016, the department | ||
shall integrate into a single independent living services program | ||
the following programs that the department operates under Title VII | ||
of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et | ||
seq.): | ||
(1) the Independent Living Program for individuals who | ||
are blind or have visual impairments; and | ||
(2) the Independent Living Services Program for | ||
individuals with significant disabilities. | ||
(b) The executive commissioner shall adopt any rules | ||
necessary to facilitate the integration of the programs identified | ||
in Subsection (a), including rules that direct the department, as | ||
the single designated state entity responsible for administering | ||
the state's independent living services program, to comply with the | ||
requirements of 29 U.S.C. Section 796c for the integrated program. | ||
(c) This section expires September 1, 2017. | ||
Sec. 117.080. PROVISION OF INDEPENDENT LIVING SERVICES. | ||
(a) The department shall ensure that all services provided under | ||
the independent living services program that the department | ||
operates under Title VII of the federal Rehabilitation Act of 1973 | ||
(29 U.S.C. Section 796 et seq.) are directly provided by centers for | ||
independent living, except as provided by Subsection (b), and are | ||
not directly provided by the department. | ||
(b) If an area of the state does not have a center for | ||
independent living, or no center for independent living in that | ||
area is able to provide certain necessary services under the | ||
independent living services program, the department shall seek to | ||
identify a center for independent living that is willing and able to | ||
contract with a nonprofit organization or other person to provide | ||
the independent living services in the area under the program. If | ||
no center for independent living is willing and able to contract | ||
with another organization or other person, the department may | ||
directly contract with an organization or other person who is not a | ||
center for independent living to provide the independent living | ||
services in the area under the program. | ||
(c) The department shall evaluate the independent living | ||
services provided by a center for independent living and shall | ||
provide necessary training or technical assistance to help the | ||
center for independent living expand its capacity to provide a full | ||
range of independent living services. | ||
(d) The department shall monitor the performance of each | ||
center for independent living in providing independent living | ||
services, including how the center for independent living monitors | ||
the performance of the organizations and other persons with whom it | ||
contracts to provide independent living services. | ||
(e) The executive commissioner shall adopt rules to | ||
implement this section that include: | ||
(1) an equitable and transparent methodology for | ||
allocating funds to centers for independent living under the | ||
independent living services program; | ||
(2) requirements applicable to the department in | ||
contracting with centers for independent living to provide | ||
independent living services under the program; | ||
(3) requirements applicable to centers for | ||
independent living in contracting with organizations and other | ||
persons to provide independent living services under the program; | ||
(4) requirements applicable to the department in | ||
contracting with organizations or other persons who are not centers | ||
for independent living to provide independent living services under | ||
the program; | ||
(5) a process for the department to monitor | ||
independent living services contracts; | ||
(6) guidelines on the department's role in providing | ||
technical assistance and training to centers for independent living | ||
as necessary; and | ||
(7) expectations for department employees to refer | ||
persons who contact the department seeking independent living | ||
services to centers for independent living. | ||
(f) Notwithstanding the requirements of this section, the | ||
department shall ensure that services provided under the | ||
independent living services program are provided as required by | ||
this section not later than August 31, 2016. This subsection | ||
expires September 1, 2017. | ||
Sec. 117.081. COMPREHENSIVE REHABILITATION SERVICES | ||
PROGRAM. The department shall operate a comprehensive | ||
rehabilitation services program to provide comprehensive | ||
rehabilitation services to persons with traumatic brain or spinal | ||
cord injuries. The executive commissioner shall adopt rules for | ||
the program that include: | ||
(1) a system of organization for the delivery of the | ||
comprehensive rehabilitation services; | ||
(2) eligibility requirements for the comprehensive | ||
rehabilitation services; | ||
(3) the types of services that may be provided to a | ||
client under the program; and | ||
(4) requirements for client participation in the costs | ||
of the comprehensive rehabilitation services. | ||
Sec. 117.082. CHILDREN'S AUTISM PROGRAM. The department | ||
shall operate a children's autism program to provide services to | ||
children with autism spectrum disorders. The executive | ||
commissioner shall adopt rules for the program that include: | ||
(1) a system of organization for the delivery of the | ||
autism services; | ||
(2) eligibility requirements for the autism services; | ||
(3) the types of services that may be provided to a | ||
client under the program; and | ||
(4) requirements for participation by the client's | ||
family in the costs of the autism services. | ||
SECTION 3. Chapter 117, Human Resources Code, is amended by | ||
adding Subchapter D-1 to read as follows: | ||
SUBCHAPTER D-1. ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN | ||
GENERAL | ||
Sec. 117.091. DIRECT SERVICES PROGRAM CASEWORKER | ||
GUIDELINES. (a) The department shall use program data and best | ||
practices to establish and maintain guidelines that provide | ||
direction for caseworkers' decisions in all of the department's | ||
direct services programs. The guidelines: | ||
(1) must categorize direct services program cases | ||
based on the types of services provided and, for each category, | ||
include provisions addressing: | ||
(A) the recommended length of time a case in that | ||
category should last; and | ||
(B) the recommended total expenditures for a case | ||
in that category; | ||
(2) must include provisions for creating intermediate | ||
goals for a client receiving services through a direct services | ||
program that will allow: | ||
(A) the caseworker to monitor the client's | ||
progress; and | ||
(B) the caseworker's supervisor to evaluate how | ||
the client's case is advancing; | ||
(3) must include criteria for caseworkers to use in | ||
evaluating progress on the intermediate goals described in | ||
Subdivision (2); and | ||
(4) may include other provisions designed to assist | ||
caseworkers and their supervisors to achieve successful outcomes | ||
for clients. | ||
(b) A caseworker may exceed the recommended guidelines | ||
described in Subsection (a)(1) in a direct services program case | ||
but must obtain the approval of the caseworker's supervisor after | ||
documenting the need to exceed the guidelines. | ||
(c) The guidelines established under this section are not | ||
intended to limit the provision of appropriate or necessary | ||
services to a client. | ||
(d) The department shall provide the guidelines established | ||
under this section to caseworkers in a format that allows | ||
caseworkers to easily access the information. | ||
Sec. 117.092. DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM. | ||
(a) The department shall establish and maintain a single, uniform | ||
case review system for all direct services programs. | ||
(b) The case review system must: | ||
(1) include risk assessment tools that account for the | ||
different risks involved in each direct services program; | ||
(2) require that case reviews: | ||
(A) be used to consistently evaluate each direct | ||
services program across all regions, with the goal of evaluating at | ||
least 10 percent of all cases in each program and region annually; | ||
(B) focus on areas of highest risk and prioritize | ||
the review of the following cases: | ||
(i) except as provided by Subparagraph | ||
(ii), cases in which direct services have been provided for more | ||
than two years; | ||
(ii) cases in the Blind Children's | ||
Vocational Discovery and Development Program in which direct | ||
services have been provided for more than five years; and | ||
(iii) cases that are significantly outside | ||
the expenditure guidelines for that type of case; | ||
(C) be used to evaluate a caseworker's | ||
eligibility determinations and decisions to close a case before a | ||
service plan is developed or without the client reaching the | ||
client's goal; and | ||
(D) focus on the quality of a caseworker's | ||
decision-making and compliance with program requirements; and | ||
(3) require a caseworker's supervisor to use the | ||
reviews of a caseworker's cases in conducting the caseworker's | ||
performance evaluation and in providing informal guidance to the | ||
caseworker to improve the caseworker's performance. | ||
Sec. 117.093. DIRECT SERVICES PROGRAM MONITORING. (a) | ||
Department personnel not employed to perform functions directly | ||
under a direct services program must be designated to monitor those | ||
programs from a statewide perspective. The designated personnel | ||
shall collect, monitor, and analyze data relating to direct | ||
services programs and report outcomes and trends to program | ||
managers and, as necessary, the commissioner or other appropriate | ||
executive management. | ||
(b) The monitoring function under Subsection (a) must | ||
include monitoring of: | ||
(1) performance data from all regions and all direct | ||
services programs to identify trends; and | ||
(2) case review data to ensure compliance with the | ||
case review system under Section 117.092. | ||
(c) Personnel designated to perform the monitoring function | ||
required by this section shall work with direct services program | ||
staff to develop objective and detailed outcome measures for the | ||
programs. | ||
(d) The department may conduct internal peer reviews of the | ||
department's field offices at regular intervals to assess the field | ||
offices' compliance with federal regulations and department | ||
policies and to compare each field office's compliance with the | ||
compliance of the other field offices. The department may use | ||
personnel designated to perform the monitoring function required by | ||
this section to facilitate the internal peer reviews. | ||
SECTION 4. (a) Subchapter A, Chapter 117, Human Resources | ||
Code, is amended by adding Sections 117.004 and 117.005 to read as | ||
follows: | ||
Sec. 117.004. INAPPLICABILITY OF CERTAIN LAW. | ||
Notwithstanding Section 117.003, Section 325.017, Government Code, | ||
does not apply to the department. | ||
Sec. 117.005. MEANING OF CERTAIN REFERENCES IN LAW. (a) A | ||
reference in this chapter or in any other law to the department in | ||
relation to a function transferred to the commission under Section | ||
117.012 means the commission or the division of the commission | ||
performing the function after its transfer. | ||
(b) In this chapter or in any other law and notwithstanding | ||
any other law, a reference to any of the following state agencies or | ||
entities or to the chief executive officer or governing body of any | ||
of the following state agencies or entities in relation to a | ||
function transferred to the commission under Section 117.012 from | ||
the department that the department assumed in accordance with | ||
Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular | ||
Session, 2003, means the executive commissioner, the commission, or | ||
the division of the commission performing the function after its | ||
transfer to the commission: | ||
(1) the Texas Rehabilitation Commission; | ||
(2) the Interagency Council on Early Childhood | ||
Intervention; | ||
(3) the Texas Commission for the Blind; and | ||
(4) the Texas Commission for the Deaf and Hard of | ||
Hearing. | ||
(c) A reference in this chapter or in any other law to the | ||
commissioner in relation to a function transferred to the | ||
commission under Section 117.012 means the executive commissioner, | ||
the executive commissioner's designee, or the director of the | ||
division of the commission performing the function after its | ||
transfer. | ||
(d) A reference in this chapter or in any other law to the | ||
council in relation to a function after its transfer to the | ||
commission under Section 117.012 means the executive commissioner | ||
or the executive commissioner's designee, as appropriate, and a | ||
function previously performed by the council is a function of that | ||
appropriate person. | ||
(b) Chapter 117, Human Resources Code, is amended by adding | ||
Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. TRANSFER OF ASSISTIVE AND REHABILITATIVE SERVICES | ||
TO COMMISSION | ||
Sec. 117.011. DEFINITIONS. In this subchapter: | ||
(1) "Administrative support services" has the meaning | ||
assigned by Section 531.0055(d), Government Code. | ||
(2) "Function" includes a power, duty, program, or | ||
activity of a state agency or entity. | ||
Sec. 117.012. TRANSFER OF ASSISTIVE AND REHABILITATIVE | ||
SERVICES TO COMMISSION. (a) Not later than September 1, 2016, and | ||
subject to Subsection (b), all functions of the department and | ||
council, including administrative support services functions, are | ||
transferred to the commission as provided by this subchapter. | ||
(b) If S.B. 208, H.B. 3294, or similar legislation of the | ||
84th Legislature, Regular Session, 2015, is enacted and becomes law | ||
and provides for the transfer of certain department functions to an | ||
entity other than the commission, the functions transfer as | ||
provided by that legislation and are not subject to transfer under | ||
Subsection (a). | ||
Sec. 117.013. EFFECT OF TRANSFERS. (a) All of the | ||
following that relate to a function that is transferred to the | ||
commission under Section 117.012 are transferred to the commission | ||
on the date the related function is transferred to the commission: | ||
(1) all obligations and contracts, including | ||
obligations and contracts related to a grant program; | ||
(2) all property and records in the custody of the | ||
department or council from which the function is transferred; | ||
(3) all funds appropriated by the legislature and | ||
other money; | ||
(4) all complaints, investigations, or contested | ||
cases that are pending before the department or the commissioner, | ||
without change in status; and | ||
(5) all necessary personnel, as determined by the | ||
executive commissioner. | ||
(b) A rule, policy, or form adopted by or on behalf of the | ||
department or council that relates to a function that is | ||
transferred to the commission under Section 117.012 becomes a rule, | ||
policy, or form of the commission on transfer of the related | ||
function and remains in effect: | ||
(1) until altered by the executive commissioner or | ||
commission, as appropriate; or | ||
(2) unless it conflicts with a rule, policy, or form of | ||
the commission. | ||
(c) A license, permit, or certification in effect that was | ||
issued by the department that relates to a function that is | ||
transferred to the commission under Section 117.012 is continued in | ||
effect as a license, permit, or certification of the commission on | ||
transfer of the related function until the license, permit, or | ||
certification expires, is suspended or revoked, or otherwise | ||
becomes invalid. | ||
Sec. 117.014. APPLICABILITY OF FORMER LAW. An action | ||
brought or proceeding commenced before the date of a transfer | ||
prescribed by this subchapter, including a contested case or a | ||
remand of an action or proceeding by a reviewing court, is governed | ||
by the laws and rules applicable to the action or proceeding before | ||
the transfer. | ||
Sec. 117.015. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2019. | ||
(c) Section 117.003, Human Resources Code, is amended to | ||
read as follows: | ||
Sec. 117.003. SUNSET PROVISION. The Department of | ||
Assistive and Rehabilitative Services is subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the department is abolished [ |
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(d) As soon as appropriate under Subchapter A-1, Chapter | ||
117, Human Resources Code, as added by this section, and in a manner | ||
that minimizes disruption of services, the Health and Human | ||
Services Commission shall take appropriate action to be designated | ||
as the state agency responsible under federal law for any state or | ||
federal program that is transferred to the commission in accordance | ||
with that subchapter and for which federal law requires the | ||
designation of a responsible state agency. | ||
(e) Effective September 1, 2016, the following provisions | ||
of the Human Resources Code, including provisions amended by S.B. | ||
No. 219, Acts of the 84th Legislature, Regular Session, 2015, are | ||
repealed: | ||
(1) Section 117.002; | ||
(2) Section 117.021; | ||
(3) Section 117.022; | ||
(4) Section 117.023; | ||
(5) Section 117.024; | ||
(6) Section 117.025; | ||
(7) Section 117.026; | ||
(8) Section 117.027; | ||
(9) Section 117.028; | ||
(10) Section 117.029; | ||
(11) Section 117.030; | ||
(12) Section 117.032; | ||
(13) Section 117.051; | ||
(14) Section 117.052; | ||
(15) Section 117.053; | ||
(16) Section 117.054; | ||
(17) Section 117.055; | ||
(18) Section 117.056; | ||
(19) Section 117.0711; | ||
(20) Section 117.0712; and | ||
(21) Section 117.072. | ||
(f) Notwithstanding Subsection (e) of this section, the | ||
implementation of a provision repealed by that subsection ceases on | ||
the date all functions of the Department of Assistive and | ||
Rehabilitative Services or the Assistive and Rehabilitative | ||
Services Council are transferred to the Health and Human Services | ||
Commission as provided by Subchapter A-1, Chapter 117, Human | ||
Resources Code, as added by this section, or to another entity, to | ||
the extent the department or council is responsible for the | ||
provision's implementation. | ||
(g) This section takes effect only if S.B. 200 or H.B. 2578, | ||
84th Legislature, Regular Session, 2015, does not become law. | ||
SECTION 5. (a) In this section: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Committee" means the Health and Human Services | ||
Transition Legislative Oversight Committee established under this | ||
section. | ||
(3) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(4) "Function" includes a power, duty, program, or | ||
activity of a state agency or entity. | ||
(b) The Health and Human Services Transition Legislative | ||
Oversight Committee is created to facilitate the transfer of | ||
functions to or from the commission as provided by this Act and | ||
other enacted legislation of the 84th Legislature, Regular Session, | ||
2015, that becomes law, requiring such a transfer, with minimal | ||
negative effect on the delivery of services to which those | ||
functions relate. | ||
(c) The committee is composed of 11 voting members, as | ||
follows: | ||
(1) four members of the senate, appointed by the | ||
lieutenant governor; | ||
(2) four members of the house of representatives, | ||
appointed by the speaker of the house of representatives; and | ||
(3) three members of the public, appointed by the | ||
governor. | ||
(d) The executive commissioner serves as an ex officio, | ||
nonvoting member of the committee. | ||
(e) A member of the committee serves at the pleasure of the | ||
appointing official. | ||
(f) The lieutenant governor and the speaker of the house of | ||
representatives shall each designate a presiding co-chair from | ||
among their respective appointments. | ||
(g) A member of the committee may not receive compensation | ||
for serving on the committee but is entitled to reimbursement for | ||
travel expenses incurred by the member while conducting the | ||
business of the committee as provided by the General Appropriations | ||
Act. | ||
(h) The committee shall: | ||
(1) facilitate the transfer of functions to the | ||
commission prescribed by Subchapter A-1, Chapter 117, Human | ||
Resources Code, as added by this Act, and any other transfers | ||
described by Subsection (b) of this section, with minimal negative | ||
effect on the delivery of services to which those functions relate; | ||
(2) with assistance from the commission and the state | ||
agencies and entities from which functions are transferred under | ||
the laws described under Subdivision (1) of this subsection, advise | ||
the executive commissioner concerning: | ||
(A) the functions to be transferred and the funds | ||
and obligations that are related to the functions; | ||
(B) the transfer of the functions and related | ||
records, property, funds, and obligations by the state agencies and | ||
entities; and | ||
(C) any required reorganization of the | ||
commission's administrative structure resulting from the | ||
transfers; and | ||
(3) meet at the call of either chair at times | ||
determined appropriate by either chair. | ||
(i) Chapter 551, Government Code, applies to the committee. | ||
(j) The committee shall submit a report to the governor, | ||
lieutenant governor, speaker of the house of representatives, and | ||
legislature not later than December 1 of each even-numbered year. | ||
The report must include an update on the progress of and issues | ||
related to the purposes and duties of the committee. | ||
(k) The committee is abolished September 1, 2019. | ||
(l) The transfers of functions described by Subsection (b) | ||
of this section must be accomplished in accordance with a | ||
transition plan developed by the executive commissioner that | ||
ensures that the transfers and provision of health and human | ||
services in this state are accomplished in a careful and | ||
deliberative manner. The transition plan must: | ||
(1) include an outline of the proposed organization of | ||
the transferred functions in the commission's organizational | ||
structure; and | ||
(2) include details regarding movement of functions | ||
and a timeline that specifies the dates on which transfers are to be | ||
made. | ||
(m) In developing the transition plan, the executive | ||
commissioner shall, before submitting the plan to the committee, | ||
the governor, and the Legislative Budget Board as required by | ||
Subsection (n) of this section: | ||
(1) hold public hearings in various geographic areas | ||
in this state regarding the plan; and | ||
(2) solicit and consider input from appropriate | ||
stakeholders. | ||
(n) The executive commissioner shall submit the transition | ||
plan to the committee, the governor, and the Legislative Budget | ||
Board not later than March 1, 2016. The committee shall comment on | ||
and make recommendations to the executive commissioner regarding | ||
any concerns or adjustments to the transition plan the committee | ||
determines appropriate. The executive commissioner may not | ||
finalize the transition plan until the executive commissioner has | ||
reviewed and considered the comments and recommendations of the | ||
committee regarding the transition plan. | ||
(o) The executive commissioner shall publish in the Texas | ||
Register: | ||
(1) the transition plan developed under this section; | ||
(2) any adjustments to the transition plan recommended | ||
by the committee; | ||
(3) a statement regarding whether the executive | ||
commissioner adopted or otherwise incorporated the recommended | ||
adjustments; and | ||
(4) if the executive commissioner did not adopt a | ||
recommended adjustment, the justification for not adopting the | ||
adjustment. | ||
(p) Not later than October 1, 2015: | ||
(1) the lieutenant governor, the speaker of the house | ||
of representatives, and the governor shall make the appointments to | ||
the committee as required by Subsection (c) of this section; and | ||
(2) the lieutenant governor and the speaker of the | ||
house of representatives shall each designate a presiding co-chair | ||
of the committee in accordance with Subsection (f) of this section. | ||
(q) This section takes effect only if S.B. 200 or H.B. 2578, | ||
84th Legislature, Regular Session, 2015, does not become law. | ||
SECTION 6. The following provisions of the Human Resources | ||
Code are repealed: | ||
(1) Section 91.022, as amended by S.B. No. 219, Acts | ||
of the 84th Legislature, Regular Session, 2015; and | ||
(2) Section 117.153, as redesignated and amended by | ||
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015. | ||
SECTION 7. The executive commissioner of the Health and | ||
Human Services Commission shall adopt the rules required by Section | ||
117.080(e), Human Resources Code, as added by this Act, as soon as | ||
practicable after the effective date of this Act. | ||
SECTION 8. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 9. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2463 was passed by the House on April | ||
9, 2015, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2463 on May 26, 2015, by the following vote: Yeas 146, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2 | ||
463 was passed by the Senate, with | ||
amendments, on May 22, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |