Bill Text: TX HB2578 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the efficiency of and consolidation of powers and duties within the health and human services system.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2015-05-28 - Senate appoints conferees-reported [HB2578 Detail]
Download: Texas-2015-HB2578-Comm_Sub.html
By: Price, Faircloth (Senate Sponsor - Nelson) | H.B. No. 2578 | |
(In the Senate - Received from the House May 14, 2015; | ||
May 14, 2015, read first time and referred to Committee on Health | ||
and Human Services; May 20, 2015, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 9, | ||
Nays 0; May 20, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2578 | By: Kolkhorst |
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relating to the efficiency of and consolidation of powers and | ||
duties within the health and human services system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM | ||
SECTION 1.01. (a) Chapter 531, Government Code, is amended | ||
by adding Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM | ||
Sec. 531.02001. CONSOLIDATION OF HEALTH AND HUMAN SERVICES | ||
SYSTEM GENERALLY. In accordance with this subchapter, the | ||
functions of the health and human services system described under | ||
Sections 531.0201, 531.02011, and 531.02012 are consolidated | ||
through a phased transfer of those functions under which: | ||
(1) the initial transfers required under Section | ||
531.0201 occur: | ||
(A) on or after the date on which the executive | ||
commissioner submits the transition plan to the required persons | ||
under Section 531.0204(e); and | ||
(B) not later than September 1, 2016; | ||
(2) the final transfers required under Section | ||
531.02011 occur: | ||
(A) on or after September 1, 2016; and | ||
(B) not later than September 1, 2017; and | ||
(3) transfers of administrative support services | ||
functions occur in accordance with Section 531.02012. | ||
Sec. 531.02002. MEANING OF FUNCTION IN RELATION TO | ||
TRANSFERS. For purposes of the transfers mandated by this | ||
subchapter, "function" includes a power, duty, program, or activity | ||
of a state agency or entity. | ||
Sec. 531.0201. PHASE ONE: INITIAL TRANSFERS. (a) On the | ||
dates specified in the transition plan required under Section | ||
531.0204, the following functions are transferred to the commission | ||
as provided by this subchapter: | ||
(1) all functions, including any remaining | ||
administrative support services functions, of each state agency and | ||
entity subject to abolition under Section 531.0202(a); and | ||
(2) except as provided by Section 531.02013, all | ||
client services of the health and human services system, including | ||
client services functions performed by the following: | ||
(A) the state agency and entity subject to | ||
abolition under Section 531.0202(b); | ||
(B) the Department of Family and Protective | ||
Services; and | ||
(C) the Department of State Health Services. | ||
(b) On the dates specified in the transition plan required | ||
under Section 531.0204, all functions in the health and human | ||
services system related to prevention and early intervention | ||
services, including the Nurse-Family Partnership Competitive Grant | ||
Program under Subchapter C, Chapter 265, Family Code, are | ||
transferred to the Department of Family and Protective Services. | ||
Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION. | ||
On the dates specified in the transition plan required under | ||
Section 531.0204, the following functions are transferred to the | ||
commission as provided by this subchapter: | ||
(1) all functions of each state agency and entity | ||
subject to abolition under Section 531.0202(b) that remained with | ||
the agency or entity after the initial transfer of functions under | ||
Section 531.0201 or a transfer of administrative support services | ||
functions under Section 531.02012; | ||
(2) regulatory functions and functions related to | ||
state-operated institutions of the Department of State Health | ||
Services; and | ||
(3) regulatory functions of the Department of Family | ||
and Protective Services. | ||
Sec. 531.02012. TRANSFER AND CONSOLIDATION OF | ||
ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS. (a) In this section, | ||
"administrative support services" has the meaning assigned under | ||
Section 531.00553. | ||
(b) As soon as practicable after the first day of the period | ||
prescribed by Section 531.02001(1) and not later than the last day | ||
of the period prescribed by Section 531.02001(2), in accordance | ||
with and on the dates specified in the transition plan required | ||
under Section 531.0204, the executive commissioner shall, after | ||
consulting with affected state agencies and divisions, transfer and | ||
consolidate within the commission administrative support services | ||
functions of the health and human services system to the extent | ||
consolidation of those support services functions is feasible and | ||
contributes to the effective performance of the system. | ||
Consolidation of an administrative support services function under | ||
this section must be conducted in accordance with the principles | ||
and requirements for organization of administrative support | ||
services under Section 531.00553(c). | ||
(c) Consultation with affected state agencies and divisions | ||
under Subsection (b) must be conducted in a manner that ensures | ||
client services are, at most, only minimally affected, and must | ||
result in a memorandum of understanding or other agreement between | ||
the commission and each affected agency or division that: | ||
(1) details measurable performance goals that the | ||
commission is expected to meet; | ||
(2) identifies a means by which the agency or division | ||
may seek permission from the executive commissioner to find an | ||
alternative way to address the needs of the agency or division, as | ||
appropriate; | ||
(3) identifies steps to ensure that programs under the | ||
health and human services system, whether large or small, receive | ||
administrative support services that are adequate to meet the | ||
program's needs; and | ||
(4) if appropriate, specifies that staff responsible | ||
for providing administrative support services consolidated within | ||
the commission are located in the area where persons requiring | ||
those services are located to ensure the staff understands related | ||
program needs and can respond to those needs in a timely manner. | ||
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. | ||
The following functions are not subject to transfer under Sections | ||
531.0201 and 531.02011: | ||
(1) the functions of the Department of Family and | ||
Protective Services, including the statewide intake of reports and | ||
other information, related to the following: | ||
(A) child protective services, including | ||
services that are required by federal law to be provided by this | ||
state's child welfare agency; | ||
(B) adult protective services, other than | ||
investigations of the alleged abuse, neglect, or exploitation of an | ||
elderly person or person with a disability: | ||
(i) in a facility operated, or in a facility | ||
or by a person licensed, certified, or registered, by a state | ||
agency; or | ||
(ii) by a provider that has contracted to | ||
provide home and community-based services; and | ||
(C) prevention and early intervention services; | ||
and | ||
(2) the public health functions of the Department of | ||
State Health Services, including health care data collection and | ||
maintenance of the Texas Health Care Information Collection | ||
program. | ||
Sec. 531.02014. RELATED TRANSFERS; EFFECT OF | ||
CONSOLIDATION. (a) All of the following that relate to a function | ||
that is transferred under Section 531.0201, 531.02011, or 531.02012 | ||
are transferred to the commission or the Department of Family and | ||
Protective Services, as applicable, on the date the related | ||
function is transferred as specified in the transition plan | ||
required under Section 531.0204: | ||
(1) all obligations and contracts, including | ||
obligations and contracts related to a grant program; | ||
(2) all property and records in the custody of the | ||
state agency or entity from which the function is transferred; | ||
(3) all funds appropriated by the legislature and | ||
other money; and | ||
(4) all complaints, investigations, or contested | ||
cases that are pending before the state agency or entity from which | ||
the function is transferred or a governing person or entity of the | ||
state agency or entity, without change in status. | ||
(b) A rule, policy, or form adopted by or on behalf of a | ||
state agency or entity from which functions are transferred under | ||
Section 531.0201, 531.02011, or 531.02012 that relates to a | ||
function that is transferred under one of those sections becomes a | ||
rule, policy, or form of the receiving state agency upon transfer of | ||
the related function and remains in effect: | ||
(1) until altered by the commission or other receiving | ||
state agency, as applicable; or | ||
(2) unless it conflicts with a rule, policy, or form of | ||
the receiving state agency. | ||
(c) A license, permit, or certification in effect that was | ||
issued by a state agency or entity from which functions are | ||
transferred under Section 531.0201 or 531.02011 that relates to a | ||
function that is transferred under either of those sections is | ||
continued in effect as a license, permit, or certification of the | ||
commission upon transfer of the related function until the license, | ||
permit, or certification expires, is suspended or revoked, or | ||
otherwise becomes invalid. | ||
Sec. 531.0202. ABOLITION OF STATE AGENCIES AND ENTITIES; | ||
EFFECT OF TRANSFERS. (a) Each of the following state agencies and | ||
entities is abolished on a date that is within the period prescribed | ||
by Section 531.02001(1), that is specified in the transition plan | ||
required under Section 531.0204 for the abolition of the agency or | ||
entity, and that occurs after all of the agency's or entity's | ||
functions have been transferred in accordance with Section | ||
531.0201: | ||
(1) the Department of Assistive and Rehabilitative | ||
Services; | ||
(2) the Health and Human Services Council; | ||
(3) the Aging and Disability Services Council; | ||
(4) the Assistive and Rehabilitative Services | ||
Council; | ||
(5) the Family and Protective Services Council; | ||
(6) the State Health Services Council; and | ||
(7) the Texas Council on Autism and Pervasive | ||
Developmental Disorders. | ||
(b) The following state agency and entity are abolished on a | ||
date that is within the period prescribed by Section 531.02001(2), | ||
that is specified in the transition plan required under Section | ||
531.0204 for the abolition of the state agency or entity, and that | ||
occurs after all of the state agency's or entity's functions have | ||
been transferred to the commission in accordance with Sections | ||
531.0201 and 531.02011: | ||
(1) the Department of Aging and Disability Services; | ||
and | ||
(2) the Office for the Prevention of Developmental | ||
Disabilities. | ||
(c) The abolition of a state agency or entity listed in | ||
Subsection (a) or (b) and the transfer of its functions and related | ||
obligations, rights, contracts, records, property, and funds as | ||
provided by this subchapter and the transfer of functions and | ||
related obligations, rights, contracts, records, property, and | ||
funds to or from the Department of Family and Protective Services | ||
and from the Department of State Health Services as provided by this | ||
subchapter do not affect or impair an act done, any obligation, | ||
right, order, permit, certificate, rule, criterion, standard, or | ||
requirement existing, or any penalty accrued under former law, and | ||
that law remains in effect for any action concerning those matters. | ||
Sec. 531.0203. HEALTH AND HUMAN SERVICES TRANSITION | ||
LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, | ||
"committee" means the Health and Human Services Transition | ||
Legislative Oversight Committee established under this section. | ||
(b) The Health and Human Services Transition Legislative | ||
Oversight Committee is created to facilitate the transfer of | ||
functions under Sections 531.0201, 531.02011, and 531.02012 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 under | ||
Sections 531.0201, 531.02011, and 531.02012 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 | ||
Sections 531.0201, 531.02011, and 531.02012, advise the executive | ||
commissioner concerning: | ||
(A) the functions to be transferred under this | ||
subchapter 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 as provided by this subchapter; and | ||
(C) the reorganization of the commission's | ||
administrative structure in accordance with this subchapter, | ||
Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008, | ||
and other provisions enacted by the 84th Legislature that become | ||
law; and | ||
(3) meet: | ||
(A) during the period between the establishment | ||
of the committee and September 1, 2017, at least quarterly at the | ||
call of either chair, in addition to meeting at other times as | ||
determined appropriate by either chair; | ||
(B) during the period between September 2, 2017, | ||
and December 31, 2019, at least semiannually at the call of either | ||
chair, in addition to meeting at other times as determined | ||
appropriate by either chair; and | ||
(C) during the period between January 1, 2020, | ||
and August 31, 2023, at least annually at the call of either chair, | ||
in addition to meeting at other times as determined appropriate by | ||
either chair. | ||
(i) Chapter 551 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: | ||
(1) the transfer of functions under Sections 531.0201, | ||
531.02011, and 531.02012 to the commission and the Department of | ||
Family and Protective Services, including the need for any | ||
additional statutory changes required to complete the transfer of | ||
prevention and early intervention services functions to the | ||
department in accordance with this subchapter; and | ||
(2) the reorganization of the commission's | ||
administrative structure in accordance with this subchapter, | ||
Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008, | ||
and other provisions enacted by the 84th Legislature that become | ||
law. | ||
(k) The committee is abolished September 1, 2023. | ||
Sec. 531.02031. STUDY ON CONTINUING NEED FOR CERTAIN STATE | ||
AGENCIES. (a) Not later than September 1, 2018, the executive | ||
commissioner shall conduct a study and submit a report and | ||
recommendation to the Health and Human Services Transition | ||
Legislative Oversight Committee regarding the need to continue the | ||
Department of Family and Protective Services and the Department of | ||
State Health Services as state agencies separate from the | ||
commission. | ||
(b) Not later than December 1, 2018, the Health and Human | ||
Services Transition Legislative Oversight Committee shall review | ||
the report and recommendation submitted under Subsection (a) and | ||
submit a report and recommendation to the legislature regarding the | ||
need to continue the Department of Family and Protective Services | ||
and the Department of State Health Services as state agencies | ||
separate from the commission. | ||
(c) The Health and Human Services Transition Legislative | ||
Oversight Committee shall include the following in the report | ||
submitted to the legislature under Subsection (b): | ||
(1) an evaluation of the transfer of prevention and | ||
early intervention services functions to the Department of Family | ||
and Protective Services as provided by this subchapter, including | ||
an evaluation of: | ||
(A) any increased coordination and efficiency in | ||
the operation of the programs achieved as a result of the transfer; | ||
(B) the department's coordination with other | ||
state agency programs providing similar prevention and early | ||
intervention services; and | ||
(C) the department's interaction with | ||
stakeholders and other interested parties in performing the | ||
department's functions; and | ||
(2) any recommendations concerning the transfer of | ||
prevention and early intervention services functions of the | ||
department to another state agency. | ||
Sec. 531.0204. TRANSITION PLAN FOR IMPLEMENTATION OF | ||
CONSOLIDATION. (a) The transfers of functions under Sections | ||
531.0201, 531.02011, and 531.02012 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 commission's reorganized | ||
structure, including its divisions, in accordance with this | ||
subchapter, Sections 531.00561, 531.00562, and 531.008, and other | ||
provisions enacted by the 84th Legislature that become law; | ||
(2) include details regarding movement of functions | ||
and a timeline that, subject to the periods prescribed by Section | ||
531.02001, specifies the dates on which: | ||
(A) the transfers under Sections 531.0201, | ||
531.02011, and 531.02012 are to be made; | ||
(B) each state agency or entity subject to | ||
abolition under Section 531.0202 is abolished; and | ||
(C) each division of the commission is created | ||
and the division's director is appointed; | ||
(3) for purposes of Sections 531.0201, 531.02011, and | ||
531.02013, define: | ||
(A) client services functions; | ||
(B) regulatory functions; | ||
(C) public health functions; and | ||
(D) functions related to: | ||
(i) state-operated institutions; | ||
(ii) child protective services; | ||
(iii) adult protective services; and | ||
(iv) prevention and early intervention | ||
services; and | ||
(4) include an evaluation and determination of the | ||
feasibility and potential effectiveness of consolidating | ||
administrative support services into the commission in accordance | ||
with Section 531.02012, including a report of: | ||
(A) the specific support services that will be | ||
consolidated within the commission; | ||
(B) a timeline that details when specific support | ||
services will be consolidated, including a description of the | ||
support services that will transfer by the last day of each period | ||
prescribed by Section 531.02001; and | ||
(C) measures the commission will take to ensure | ||
information resources and contracting support services continue to | ||
operate properly across the health and human services system under | ||
any consolidation of administrative support services. | ||
(b) In defining the transferred functions under Subsection | ||
(a)(3), the executive commissioner shall ensure that: | ||
(1) not later than the last day of the period | ||
prescribed by Section 531.02001(1), all functions of a state agency | ||
or entity subject to abolition under Section 531.0202(a) are | ||
transferred to the commission or the Department of Family and | ||
Protective Services, as applicable; | ||
(2) the transferred prevention and early intervention | ||
services functions to the Department of Family and Protective | ||
Services include: | ||
(A) prevention and early intervention services | ||
as defined under Section 265.001, Family Code; and | ||
(B) programs that: | ||
(i) provide parent education; | ||
(ii) promote healthier parent-child | ||
relationships; or | ||
(iii) prevent family violence; and | ||
(3) not later than the last day of the period | ||
prescribed by Section 531.02001(2), all functions of the state | ||
agency and entity subject to abolition under Section 531.0202(b) | ||
are transferred to the commission. | ||
(c) In developing the transition plan, the executive | ||
commissioner shall, before submitting the plan to the Health and | ||
Human Services Transition Legislative Oversight Committee, the | ||
governor, and the Legislative Budget Board as required by | ||
Subsection (e): | ||
(1) hold public hearings in various geographic areas | ||
in this state regarding the plan; and | ||
(2) solicit and consider input from appropriate | ||
stakeholders. | ||
(d) Within the periods prescribed by Section 531.02001: | ||
(1) the commission shall begin administering the | ||
respective functions assigned to the commission under Sections | ||
531.0201 and 531.02011, as applicable; and | ||
(2) the Department of Family and Protective Services | ||
shall begin administering the functions assigned to the department | ||
under Section 531.0201. | ||
(d-1) The assumption of the administration of the functions | ||
transferred to the commission and the Department of Family and | ||
Protective Services under Sections 531.0201 and 531.02011, as | ||
applicable, must be accomplished in accordance with the transition | ||
plan. | ||
(e) The executive commissioner shall submit the transition | ||
plan to the Health and Human Services Transition Legislative | ||
Oversight Committee, the governor, and the Legislative Budget Board | ||
not later than March 1, 2016. The Health and Human Services | ||
Transition Legislative Oversight 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. | ||
(f) 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 Health and Human Services Transition Legislative Oversight | ||
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. | ||
Sec. 531.02041. REQUIRED REPORTS AFTER TRANSITION PLAN | ||
SUBMISSION. If, at any time after the executive commissioner | ||
submits the transition plan in accordance with Section 531.0204(e), | ||
the executive commissioner proposes to make a substantial | ||
organizational change to the health and human services system that | ||
was not included in the transition plan, the executive commissioner | ||
shall, before implementing the proposed change, submit a report | ||
detailing the proposed change to the Health and Human Services | ||
Transition Legislative Oversight Committee. | ||
Sec. 531.0205. APPLICABILITY OF FORMER LAW. An action | ||
brought or proceeding commenced before the date of a transfer | ||
prescribed by this subchapter in accordance with the transition | ||
plan required under Section 531.0204, 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. 531.0206. LIMITED-SCOPE SUNSET REVIEW. (a) The | ||
Sunset Advisory Commission shall conduct a limited-scope review of | ||
the commission during the state fiscal biennium ending August 31, | ||
2023, in the manner provided by Chapter 325 (Texas Sunset Act). The | ||
review must provide: | ||
(1) an update on the commission's progress with | ||
respect to the consolidation of the health and human services | ||
system mandated by this subchapter, including the commission's | ||
compliance with the transition plan required under Section | ||
531.0204; | ||
(2) an evaluation and recommendations regarding the | ||
need to continue the Department of Family and Protective Services | ||
and the Department of State Health Services as state agencies | ||
separate from the commission; and | ||
(3) any additional information the Sunset Advisory | ||
Commission determines appropriate, including information regarding | ||
any additional organizational changes the Sunset Advisory | ||
Commission recommends. | ||
(b) The commission is not abolished solely because the | ||
commission is not explicitly continued following the review | ||
required by this section. | ||
Sec. 531.0207. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2023. | ||
(b) 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 Health and Human Services Transition Legislative Oversight | ||
Committee as required by Section 531.0203(c), Government Code, as | ||
added by this article; and | ||
(2) the lieutenant governor and the speaker of the | ||
house of representatives shall each designate a presiding co-chair | ||
of the Health and Human Services Transition Legislative Oversight | ||
Committee in accordance with Section 531.0203(f), Government Code, | ||
as added by this article. | ||
(c) As soon as appropriate under the consolidation under | ||
Subchapter A-1, Chapter 531, Government Code, as added by this | ||
article, 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. | ||
(d) Notwithstanding Section 531.0201, 531.02011, or | ||
531.02012, Government Code, as added by this article, a power, | ||
duty, program, function, or activity of the Department of Assistive | ||
and Rehabilitative Services may not be transferred to the Health | ||
and Human Services Commission under that section if: | ||
(1) H.B. No. 3294 or S.B. No. 208, 84th Legislature, | ||
Regular Session, 2015, or similar legislation of the 84th | ||
Legislature, Regular Session, 2015, is enacted, becomes law, and | ||
provides for the transfer of the power, duty, program, function, or | ||
activity to the Texas Workforce Commission subject to receipt of | ||
any necessary federal approval or other authorization for the | ||
transfer to occur; and | ||
(2) the Department of Assistive and Rehabilitative | ||
Services or the Texas Workforce Commission receives the necessary | ||
federal approval or other authorization to enable the transfer to | ||
occur not later than September 1, 2016. | ||
(e) If neither the Department of Assistive and | ||
Rehabilitative Services nor the Texas Workforce Commission | ||
receives the federal approval or other authorization described by | ||
Subsection (d) of this section to enable the transfer of the power, | ||
duty, program, function, or activity to the Texas Workforce | ||
Commission to occur not later than September 1, 2016, as provided by | ||
the legislation described by Subsection (d) of this section, the | ||
power, duty, program, function, or activity of the Department of | ||
Assistive and Rehabilitative Services transfers to the Health and | ||
Human Services Commission in accordance with Section 531.0201, | ||
Government Code, as added by this article, and the transition plan | ||
required under Section 531.0204, Government Code, as added by this | ||
article. | ||
SECTION 1.02. Subchapter A, Chapter 531, Government Code, | ||
is amended by adding Sections 531.0011 and 531.0012 to read as | ||
follows: | ||
Sec. 531.0011. REFERENCES IN LAW MEANING COMMISSION OR | ||
APPROPRIATE DIVISION. (a) In this code or in any other law, a | ||
reference to any of the following state agencies or entities in | ||
relation to a function transferred to the commission under Section | ||
531.0201, 531.02011, or 531.02012, as applicable, means the | ||
commission or the division of the commission performing the | ||
function previously performed by the state agency or entity before | ||
the transfer, as appropriate: | ||
(1) health and human services agency; | ||
(2) the Department of State Health Services; | ||
(3) the Department of Aging and Disability Services; | ||
(4) the Department of Family and Protective Services; | ||
or | ||
(5) the Department of Assistive and Rehabilitative | ||
Services. | ||
(b) In this code or in any other law and notwithstanding any | ||
other law, a reference to any of the following state agencies or | ||
entities in relation to a function transferred to the commission | ||
under Section 531.0201, 531.02011, or 531.02012, as applicable, | ||
from the state agency that assumed the relevant function in | ||
accordance with Chapter 198 (H.B. 2292), Acts of the 78th | ||
Legislature, Regular Session, 2003, means the commission or the | ||
division of the commission performing the function previously | ||
performed by the agency that assumed the function before the | ||
transfer, as appropriate: | ||
(1) the Texas Department on Aging; | ||
(2) the Texas Commission on Alcohol and Drug Abuse; | ||
(3) the Texas Commission for the Blind; | ||
(4) the Texas Commission for the Deaf and Hard of | ||
Hearing; | ||
(5) the Texas Department of Health; | ||
(6) the Texas Department of Human Services; | ||
(7) the Texas Department of Mental Health and Mental | ||
Retardation; | ||
(8) the Texas Rehabilitation Commission; | ||
(9) the Texas Health Care Information Council; or | ||
(10) the Interagency Council on Early Childhood | ||
Intervention. | ||
(c) In this code or in any other law and notwithstanding any | ||
other law, a reference to the Department of Protective and | ||
Regulatory Services in relation to a function transferred under | ||
Section 531.0201, 531.02011, or 531.02012, as applicable, from the | ||
Department of Family and Protective Services means the commission | ||
or the division of the commission performing the function | ||
previously performed by the Department of Family and Protective | ||
Services before the transfer. | ||
(d) This section applies notwithstanding Section | ||
531.001(4). | ||
Sec. 531.0012. REFERENCES IN LAW MEANING EXECUTIVE | ||
COMMISSIONER OR DESIGNEE. (a) In this code or in any other law, a | ||
reference to any of the following persons in relation to a function | ||
transferred to the commission under Section 531.0201, 531.02011, or | ||
531.02012, as applicable, means the executive commissioner, the | ||
executive commissioner's designee, or the director of the division | ||
of the commission performing the function previously performed by | ||
the state agency from which it was transferred and that the person | ||
represented, as appropriate: | ||
(1) the commissioner of aging and disability services; | ||
(2) the commissioner of assistive and rehabilitative | ||
services; | ||
(3) the commissioner of state health services; or | ||
(4) the commissioner of the Department of Family and | ||
Protective Services. | ||
(b) In this code or in any other law and notwithstanding any | ||
other law, a reference to any of the following persons or entities | ||
in relation to a function transferred to the commission under | ||
Section 531.0201, 531.02011, or 531.02012, as applicable, from the | ||
state agency that assumed or continued to perform the function in | ||
accordance with Chapter 198 (H.B. 2292), Acts of the 78th | ||
Legislature, Regular Session, 2003, means the executive | ||
commissioner or the director of the division of the commission | ||
performing the function performed before the enactment of Chapter | ||
198 (H.B. 2292) by the state agency that was abolished or renamed by | ||
Chapter 198 (H.B. 2292) and that the person or entity represented: | ||
(1) an executive director or other chief | ||
administrative officer of a state agency listed in Section | ||
531.0011(b) or of the Department of Protective and Regulatory | ||
Services; or | ||
(2) the governing body of a state agency listed in | ||
Section 531.0011(b) or of the Department of Protective and | ||
Regulatory Services. | ||
(c) A reference to any of the following councils means the | ||
executive commissioner or the executive commissioner's designee, | ||
as appropriate, and a function of any of the following councils is a | ||
function of that appropriate person: | ||
(1) the Health and Human Services Council; | ||
(2) the Aging and Disability Services Council; | ||
(3) the Assistive and Rehabilitative Services | ||
Council; | ||
(4) the Family and Protective Services Council; or | ||
(5) the State Health Services Council. | ||
SECTION 1.03. (a) Subchapter A, Chapter 531, Government | ||
Code, is amended by adding Section 531.0051 to read as follows: | ||
Sec. 531.0051. HEALTH AND HUMAN SERVICES COMMISSION | ||
EXECUTIVE COUNCIL. (a) The Health and Human Services Commission | ||
Executive Council is established to receive public input and advise | ||
the executive commissioner regarding the operation of the | ||
commission. The council shall seek and receive public comment on: | ||
(1) proposed rules; | ||
(2) recommendations of advisory committees; | ||
(3) legislative appropriations requests or other | ||
documents related to the appropriations process; | ||
(4) the operation of health and human services | ||
programs; and | ||
(5) other items the executive commissioner determines | ||
appropriate. | ||
(b) The council does not have authority to make | ||
administrative or policy decisions. | ||
(c) The council is composed of: | ||
(1) the executive commissioner; | ||
(2) the director of each division established by the | ||
executive commissioner under Section 531.008(c); | ||
(3) the commissioner of a health and human services | ||
agency; and | ||
(4) other individuals appointed by the executive | ||
commissioner as the executive commissioner determines necessary. | ||
(c-1) To the extent the executive commissioner appoints | ||
members to the council under Subsection (c)(4), the executive | ||
commissioner shall make every effort to ensure that those | ||
appointments result in a council membership that includes: | ||
(1) a balanced representation of a broad range of | ||
health and human services industry and consumer interests; and | ||
(2) representation from broad geographic regions of | ||
this state. | ||
(d) The executive commissioner serves as the chair of the | ||
council and shall adopt rules for the operation of the council. | ||
(e) Members of the council appointed under Subsection | ||
(c)(4): | ||
(1) are subject to any restrictions applicable to | ||
service on the council provided by law; and | ||
(2) serve at the pleasure of the executive | ||
commissioner. | ||
(f) The council shall meet at the call of the executive | ||
commissioner at least quarterly. The executive commissioner may | ||
call additional meetings as the executive commissioner determines | ||
necessary. | ||
(g) The council shall give public notice of the date, time, | ||
and place of each meeting held by the council. A live video | ||
transmission of each meeting must be publicly available through the | ||
Internet. | ||
(h) A majority of the members of the council constitute a | ||
quorum for the transaction of business. | ||
(i) A council member appointed under Subsection (c)(4) may | ||
not receive compensation for service as a member of the council but | ||
is entitled to reimbursement for travel expenses incurred by the | ||
member while conducting the business of the council as provided by | ||
the General Appropriations Act. | ||
(j) The executive commissioner shall develop and implement | ||
policies that provide the public with a reasonable opportunity to | ||
appear before the council and to speak on any issue under the | ||
jurisdiction of the commission. | ||
(k) A meeting of individual members of the council that | ||
occurs in the ordinary course of commission operation is not a | ||
meeting of the council, and the requirements of Subsection (g) do | ||
not apply. | ||
(l) This section does not limit the authority of the | ||
executive commissioner to establish additional advisory committees | ||
or councils. | ||
(m) Chapters 551 and 2110 do not apply to the council. | ||
(b) As soon as possible after the executive commissioner of | ||
the Health and Human Services Commission appoints division | ||
directors in accordance with Section 531.00561, Government Code, as | ||
added by this article, the Health and Human Services Commission | ||
Executive Council established under Section 531.0051, Government | ||
Code, as added by this article, shall begin operation. | ||
SECTION 1.04. The heading to Section 531.0055, Government | ||
Code, is amended to read as follows: | ||
Sec. 531.0055. EXECUTIVE COMMISSIONER: GENERAL | ||
RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [ |
||
SECTION 1.05. Section 531.0055, Government Code, is amended | ||
by amending Subsection (b), as amended by S.B. No. 219, Acts of the | ||
84th Legislature, Regular Session, 2015, and amending Subsections | ||
(d), (e), (f), (g), (h), (k), and (l) to read as follows: | ||
(b) The commission shall: | ||
(1) supervise the administration and operation of | ||
Medicaid, including the administration and operation of the | ||
Medicaid managed care system in accordance with Section 531.021; | ||
(2) perform information systems planning and | ||
management for the health and human services system [ |
||
under Section 531.0273, with: | ||
(A) the provision of information technology | ||
services for the [ |
||
considered to be a centralized administrative support service | ||
either performed by commission personnel or performed under a | ||
contract with the commission; and | ||
(B) an emphasis on research and implementation on | ||
a demonstration or pilot basis of appropriate and efficient uses of | ||
new and existing technology to improve the operation of the health | ||
and human services system [ |
||
human services; | ||
(3) monitor and ensure the effective use of all | ||
federal funds received for the [ |
||
system [ |
||
Appropriations Act; | ||
(4) implement Texas Integrated Enrollment Services as | ||
required by Subchapter F, except that notwithstanding Subchapter F, | ||
determining eligibility for benefits under the following programs | ||
is the responsibility of and must be centralized by the commission: | ||
(A) the child health plan program; | ||
(B) the financial assistance program under | ||
Chapter 31, Human Resources Code; | ||
(C) Medicaid; | ||
(D) the supplemental nutrition assistance | ||
program under Chapter 33, Human Resources Code; | ||
(E) long-term care services, as defined by | ||
Section 22.0011, Human Resources Code; | ||
(F) community-based support services identified | ||
or provided in accordance with Section 531.02481; and | ||
(G) other health and human services programs, as | ||
appropriate; and | ||
(5) implement programs intended to prevent family | ||
violence and provide services to victims of family violence. | ||
(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 | ||
centralized system of administrative support services for the | ||
health and human services system in accordance with Section | ||
531.00553 [ |
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(e) Notwithstanding any other law, the executive | ||
commissioner shall adopt rules and policies for the operation of | ||
and provision of health and human services by the health and human | ||
services system [ |
||
commissioner, as necessary to perform the functions described by | ||
Subsections (b), (c), and (d) and Section 531.00553 in | ||
implementation of applicable policies established for a health and | ||
human services system [ |
||
the executive commissioner, shall: | ||
(1) manage and direct the operations of each [ |
||
|
||
(2) supervise and direct the activities of each agency | ||
or division director, as applicable; and | ||
(3) be responsible for the administrative supervision | ||
of the internal audit program for the [ |
||
services system agencies, including: | ||
(A) selecting the director of internal audit; | ||
(B) ensuring that the director of internal audit | ||
reports directly to the executive commissioner; and | ||
(C) ensuring the independence of the internal | ||
audit function. | ||
(f) The operational authority and responsibility of the | ||
executive commissioner for purposes of Subsection (e) for [ |
||
health and human services system agency or division, as applicable, | ||
includes authority over and responsibility for the: | ||
(1) management of the daily operations of the agency | ||
or division, including the organization and management of the | ||
agency or division and its [ |
||
(2) allocation of resources within the agency or | ||
division, including use of federal funds received by the agency or | ||
division; | ||
(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 | ||
or division; | ||
(6) location of [ |
||
(7) coordination of agency or division activities with | ||
activities of other components of the health and human services | ||
system and state agencies[ |
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(g) Notwithstanding any other law, the operational | ||
authority and responsibility of the executive commissioner for | ||
purposes of Subsection (e) for [ |
||
system agency or division, as applicable, includes the authority | ||
and responsibility to adopt or approve, subject to applicable | ||
limitations, any rate of payment or similar provision required by | ||
law to be adopted or approved by a health and human services system | ||
[ |
||
(h) For each health and human services system agency and | ||
division, as applicable, the executive commissioner shall | ||
implement a program to evaluate and supervise [ |
||
operations [ |
||
performance objectives for each agency or division director and | ||
adequate reporting requirements to permit the executive | ||
commissioner to perform the duties assigned to the executive | ||
commissioner under this section. | ||
(k) The executive commissioner and each agency director | ||
shall enter into a memorandum of understanding in the manner | ||
prescribed by Section 531.0163 that: | ||
(1) clearly defines the responsibilities of the agency | ||
director and the executive commissioner, including: | ||
(A) the responsibility of the agency director to | ||
report to the governor and to report to and implement policies of | ||
the executive commissioner; and | ||
(B) the extent to which the agency director acts | ||
as a liaison between the agency and the commission; | ||
(2) establishes the program of evaluation and | ||
supervision of daily operations required by Subsection (h); [ |
||
(3) describes each delegation of a power or duty made | ||
to an agency director; and | ||
(4) ensures that the commission and each health and | ||
human services agency has access to databases or other information | ||
maintained or kept by each other agency that is necessary for the | ||
operation of a function performed by the commission or the health | ||
and human services agency, to the extent not prohibited by other law | ||
[ |
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(l) Notwithstanding any other law, the executive | ||
commissioner has the authority to adopt policies and rules | ||
governing the delivery of services to persons who are served by the | ||
[ |
||
duties of persons who are served or regulated by the system [ |
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SECTION 1.06. Subchapter A, Chapter 531, Government Code, | ||
is amended by adding Section 531.00553 to read as follows: | ||
Sec. 531.00553. ADMINISTRATIVE SUPPORT SERVICES. (a) In | ||
this section, the term "administrative support services" includes | ||
strategic planning and evaluation, audit, legal, human resources, | ||
information resources, purchasing, contracting, financial | ||
management, and accounting services. | ||
(b) Subject to Subsection (c), the executive commissioner | ||
shall plan and implement an efficient and effective centralized | ||
system of administrative support services for the health and human | ||
services system. The performance of administrative support | ||
services for the health and human services system is the | ||
responsibility of the commission. | ||
(c) The executive commissioner shall plan and implement the | ||
centralized system of administrative support services in | ||
accordance with the following principles and requirements: | ||
(1) the executive commissioner shall consult with the | ||
commissioner of each agency and with the director of each division | ||
within the health and human services system to ensure the | ||
commission is responsive to and addresses agency or division needs; | ||
(2) consolidation of staff providing the support | ||
services must be done in a manner that ensures each agency or | ||
division within the health and human services system that loses | ||
staff as a result of the centralization of support services has | ||
adequate resources to carry out functions of the agency or | ||
division, as appropriate; and | ||
(3) the commission and each agency or division within | ||
the health and human services system shall, as appropriate, enter | ||
into a memorandum of understanding or other written agreement for | ||
the purpose of ensuring accountability for the provision of | ||
administrative services by clearly detailing: | ||
(A) the responsibilities of each agency or | ||
division and the commission; | ||
(B) the points of contact for each agency or | ||
division and the commission; | ||
(C) the transfer of personnel among each agency | ||
or division and the commission; | ||
(D) the budgetary effect the agreement has on | ||
each agency or division and the commission; and | ||
(E) any other item determined by the executive | ||
commissioner to be critical for maintaining accountability. | ||
(d) The memorandum of understanding or other agreement | ||
required under Subsection (c), if appropriate, may be combined with | ||
the memorandum of understanding required under Section | ||
531.0055(k). | ||
SECTION 1.07. Section 531.0056, Government Code, is amended | ||
by adding Subsection (g) to read as follows: | ||
(g) The requirements of this section apply with respect to a | ||
state agency listed in Section 531.001(4) only until the agency is | ||
abolished under Section 531.0202. | ||
SECTION 1.08. (a) Subchapter A, Chapter 531, Government | ||
Code, is amended by adding Sections 531.00561 and 531.00562 to read | ||
as follows: | ||
Sec. 531.00561. APPOINTMENT AND QUALIFICATIONS OF DIVISION | ||
DIRECTORS. (a) The executive commissioner shall appoint a | ||
director for each division established within the commission under | ||
Section 531.008, except that the director of the office of | ||
inspector general is appointed in accordance with Section | ||
531.102(a-1). | ||
(b) The executive commissioner shall: | ||
(1) develop clear qualifications for the director of | ||
each division appointed under this section that ensure that an | ||
individual appointed director has: | ||
(A) demonstrated experience in fields relevant | ||
to the director position; and | ||
(B) executive-level administrative and | ||
leadership experience; and | ||
(2) ensure the qualifications developed under | ||
Subdivision (1) are publicly available. | ||
Sec. 531.00562. DIVISION DIRECTOR DUTIES. (a) The | ||
executive commissioner shall clearly define the duties and | ||
responsibilities of a division director and develop clear policies | ||
for the delegation of specific decision-making authority, | ||
including budget authority, to division directors. | ||
(b) The delegation of decision-making authority should be | ||
significant enough to ensure the efficient administration of the | ||
commission's programs and services. | ||
(b) The executive commissioner of the Health and Human | ||
Services Commission shall implement Sections 531.00561 and | ||
531.00562, Government Code, as added by this article, on the date | ||
specified in the transition plan required under Section 531.0204, | ||
Government Code, as added by this article. | ||
SECTION 1.09. (a) Section 531.008, Government Code, as | ||
amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
Sec. 531.008. DIVISIONS OF COMMISSION. (a) The [ |
||
|
||
establish divisions within the commission along functional lines as | ||
necessary for effective administration and for the discharge of the | ||
commission's functions. | ||
(b) The [ |
||
commissioner may allocate and reallocate functions among the | ||
commission's divisions. | ||
(c) Notwithstanding Subsections (a) and (b), the [ |
||
executive commissioner shall establish the following divisions and | ||
offices within the commission: | ||
(1) a medical and social services division [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(2) the office of inspector general to perform fraud | ||
and abuse investigation and enforcement functions as provided by | ||
Subchapter C and other law; | ||
(3) a regulatory division [ |
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[ |
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[ |
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(4) an administrative division [ |
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(5) a facilities division for the purpose of | ||
administering state facilities, including state hospitals and | ||
state supported living centers [ |
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(d) Subsection (c) does not prohibit the executive | ||
commissioner from establishing additional divisions under | ||
Subsection (a) as the executive commissioner determines | ||
appropriate. This subsection and Subsection (c) expire September | ||
1, 2023. | ||
(b) The executive commissioner of the Health and Human | ||
Services Commission shall establish divisions within the | ||
commission as required under Section 531.008, Government Code, as | ||
amended by this article, on the date specified in the transition | ||
plan required under Section 531.0204, Government Code, as added by | ||
this article. | ||
SECTION 1.10. (a) Subchapter A, Chapter 531, Government | ||
Code, is amended by adding Section 531.0083 to read as follows: | ||
Sec. 531.0083. OFFICE OF POLICY AND PERFORMANCE. (a) In | ||
this section, "office" means the office of policy and performance | ||
established by this section. | ||
(b) The executive commissioner shall establish the office | ||
of policy and performance as an executive-level office designed to | ||
coordinate policy and performance efforts across the health and | ||
human services system. To coordinate those efforts, the office | ||
shall: | ||
(1) develop a performance management system; | ||
(2) take the lead in supporting and providing | ||
oversight for the implementation of major policy changes and in | ||
managing organizational changes; and | ||
(3) act as a centralized body of experts within the | ||
commission that offers program evaluation and process improvement | ||
expertise. | ||
(c) In developing a performance management system under | ||
Subsection (b)(1), the office shall: | ||
(1) gather, measure, and evaluate performance | ||
measures and accountability systems used by the health and human | ||
services system; | ||
(2) develop new and refined performance measures as | ||
appropriate; and | ||
(3) establish targeted, high-level system metrics | ||
that are capable of measuring and communicating overall performance | ||
and achievement of goals by the health and human services system to | ||
both internal and public audiences through various mechanisms, | ||
including the Internet. | ||
(d) In providing support and oversight for the | ||
implementation of policy or organizational changes within the | ||
health and human services system under Subsection (b)(2), the | ||
office shall: | ||
(1) ensure individuals receiving services from or | ||
participating in programs administered through the health and human | ||
services system do not lose visibility or attention during the | ||
implementation of any new policy or organizational change by: | ||
(A) establishing timelines and milestones for | ||
any transition; | ||
(B) supporting staff of the health and human | ||
services system in any change between service delivery methods; and | ||
(C) providing feedback to executive management | ||
on technical assistance and other support needed to achieve a | ||
successful transition; | ||
(2) address cultural differences among staff of the | ||
health and human services system; and | ||
(3) track and oversee changes in policy or | ||
organization mandated by legislation or administrative rule. | ||
(e) In acting as a centralized body of experts under | ||
Subsection (b)(3), the office shall: | ||
(1) for the health and human services system, provide | ||
program evaluation and process improvement guidance both generally | ||
and for specific projects identified with executive or stakeholder | ||
input or through risk analysis; and | ||
(2) identify and monitor cross-functional efforts | ||
involving different administrative components within the health | ||
and human services system and the establishment of cross-functional | ||
teams when necessary to improve the coordination of services | ||
provided through the system. | ||
(f) The executive commissioner may otherwise develop the | ||
office's structure and duties as the executive commissioner | ||
determines appropriate. | ||
(b) As soon as practicable after the effective date of this | ||
article but not later than October 1, 2015, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
establish the office of policy and performance as an executive | ||
office within the commission as required under Section 531.0083, | ||
Government Code, as added by this article. | ||
(c) The office of policy and performance required under | ||
Section 531.0083, Government Code, as added by this article, shall | ||
assist the Health and Human Services Transition Legislative | ||
Oversight Committee created under Section 531.0203, Government | ||
Code, as added by this article, by performing the functions | ||
required of the office under Section 531.0083(b)(2), Government | ||
Code, as added by this article, with respect to the consolidation | ||
mandated by Subchapter A-1, Chapter 531, Government Code, as added | ||
by this article. | ||
SECTION 1.11. Section 531.017, Government Code, is amended | ||
to read as follows: | ||
Sec. 531.017. PURCHASING UNIT [ |
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commission shall establish a purchasing unit [ |
||
management of administrative activities related to the purchasing | ||
functions within [ |
||
services system [ |
||
(b) The purchasing unit [ |
||
(1) seek to achieve targeted cost reductions, increase | ||
process efficiencies, improve technological support and customer | ||
services, and enhance purchasing support within the [ |
||
health and human services system [ |
||
(2) if cost-effective, contract with private entities | ||
to perform purchasing functions for the [ |
||
and human services system [ |
||
SECTION 1.12. Chapter 265, Family Code, is amended by | ||
designating Sections 265.001 through 265.004 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES | ||
SECTION 1.13. Section 265.002, Family Code, is amended to | ||
read as follows: | ||
Sec. 265.002. PREVENTION AND EARLY INTERVENTION SERVICES | ||
DIVISION. (a) The department shall operate a division to provide | ||
services for children in at-risk situations and for the families of | ||
those children and to achieve the consolidation of prevention and | ||
early intervention services within the jurisdiction of a single | ||
agency in order to avoid fragmentation and duplication of services | ||
and to increase the accountability for the delivery and | ||
administration of these services. The division shall be called the | ||
prevention and early intervention services division and shall have | ||
the following duties: | ||
(1) to plan, develop, and administer a comprehensive | ||
and unified delivery system of prevention and early intervention | ||
services to children and their families in at-risk situations; | ||
(2) to improve the responsiveness of services for | ||
at-risk children and their families by facilitating greater | ||
coordination and flexibility in the use of funds by state and local | ||
service providers; | ||
(3) to provide greater accountability for prevention | ||
and early intervention services in order to demonstrate the impact | ||
or public benefit of a program by adopting outcome measures; and | ||
(4) to assist local communities in the coordination | ||
and development of prevention and early intervention services in | ||
order to maximize federal, state, and local resources. | ||
(b) The department's prevention and early intervention | ||
services division must be organizationally separate from the | ||
department's divisions performing child protective services and | ||
adult protective services functions. | ||
SECTION 1.14. Subchapter A, Chapter 265, Family Code, as | ||
added by this article, is amended by adding Section 265.006 to read | ||
as follows: | ||
Sec. 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO. | ||
The department may not allow the use of the department's name or | ||
identifying logo or insignia on forms or other materials related to | ||
the department's prevention and early intervention services that | ||
are: | ||
(1) provided by the department's contractors; or | ||
(2) distributed by the department's contractors to the | ||
department's clients. | ||
SECTION 1.15. (a) Subchapter Q, Chapter 531, Government | ||
Code, including provisions amended by S.B. No. 219, Acts of the 84th | ||
Legislature, Regular Session, 2015, is transferred to Chapter 265, | ||
Family Code, redesignated as Subchapter C, Chapter 265, Family | ||
Code, and amended to read as follows: | ||
SUBCHAPTER C [ |
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GRANT PROGRAM | ||
Sec. 265.101 [ |
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(1) "Competitive grant program" means the | ||
nurse-family partnership competitive grant program established | ||
under this subchapter. | ||
(2) "Partnership program" means a nurse-family | ||
partnership program. | ||
Sec. 265.102 [ |
||
PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The department | ||
[ |
||
grant program through which the department [ |
||
grants for the implementation of nurse-family partnership | ||
programs, or the expansion of existing programs, and for the | ||
operation of those programs for a period of not less than two years. | ||
(b) The department [ |
||
the program to applicants, including applicants operating existing | ||
programs, in a manner that ensures that the partnership programs | ||
collectively: | ||
(1) operate in multiple communities that are | ||
geographically distributed throughout this state; and | ||
(2) provide program services to approximately 2,000 | ||
families. | ||
Sec. 265.103 [ |
||
A partnership program funded through a grant awarded under this | ||
subchapter must: | ||
(1) strictly adhere to the program model developed by | ||
the Nurse-Family Partnership National Service Office, including | ||
any clinical, programmatic, and data collection requirements of | ||
that model; | ||
(2) require that registered nurses regularly visit the | ||
homes of low-income, first-time mothers participating in the | ||
program to provide services designed to: | ||
(A) improve pregnancy outcomes; | ||
(B) improve child health and development; | ||
(C) improve family economic self-sufficiency and | ||
stability; and | ||
(D) reduce the incidence of child abuse and | ||
neglect; | ||
(3) require that nurses who provide services through | ||
the program: | ||
(A) receive training from the office of the | ||
attorney general at least once each year on procedures by which a | ||
person may voluntarily acknowledge the paternity of a child and on | ||
the availability of child support services from the office; | ||
(B) provide a mother with information about the | ||
rights, responsibilities, and benefits of establishing the | ||
paternity of her child, if appropriate; | ||
(C) provide assistance to a mother and the | ||
alleged father of her child if the mother and alleged father seek to | ||
voluntarily acknowledge paternity of the child, if appropriate; and | ||
(D) provide information to a mother about the | ||
availability of child support services from the office of the | ||
attorney general; and | ||
(4) require that the regular nurse visits described by | ||
Subdivision (2) begin not later than a mother's 28th week of | ||
gestation and end when her child reaches two years of age. | ||
Sec. 265.104 [ |
||
private entity, including a county, municipality, or other | ||
political subdivision of this state, may apply for a grant under | ||
this subchapter. | ||
(b) To apply for a grant, an applicant must submit a written | ||
application to the department [ |
||
the department [ |
||
Partnership National Service Office. | ||
(c) The application prescribed by the department | ||
[ |
||
(1) require the applicant to provide data on the | ||
number of low-income, first-time mothers residing in the community | ||
in which the applicant proposes to operate or expand a partnership | ||
program and provide a description of existing services available to | ||
those mothers; | ||
(2) describe the ongoing monitoring and evaluation | ||
process to which a grant recipient is subject under Section 265.109 | ||
[ |
||
provide information requested by the department [ |
||
Section 265.109(c) [ |
||
(3) require the applicant to provide other relevant | ||
information as determined by the department [ |
||
Sec. 265.105 [ |
||
AWARDING GRANTS. In addition to the factors described by Sections | ||
265.102(b) [ |
||
whether to award a grant to an applicant under this subchapter, the | ||
department [ |
||
(1) the demonstrated need for a partnership program in | ||
the community in which the applicant proposes to operate or expand | ||
the program, which may be determined by considering: | ||
(A) the poverty rate, the crime rate, the number | ||
of births to Medicaid recipients, the rate of poor birth outcomes, | ||
and the incidence of child abuse and neglect during a prescribed | ||
period in the community; and | ||
(B) the need to enhance school readiness in the | ||
community; | ||
(2) the applicant's ability to participate in ongoing | ||
monitoring and performance evaluations under Section 265.109 | ||
[ |
||
information requested by the department [ |
||
265.109(c) [ |
||
(3) the applicant's ability to adhere to the | ||
partnership program standards adopted under Section 265.106 | ||
[ |
||
(4) the applicant's ability to develop broad-based | ||
community support for implementing or expanding a partnership | ||
program, as applicable; and | ||
(5) the applicant's history of developing and | ||
sustaining innovative, high-quality programs that meet the needs of | ||
families and communities. | ||
Sec. 265.106 [ |
||
The executive commissioner, with the assistance of the Nurse-Family | ||
Partnership National Service Office, shall adopt standards for the | ||
partnership programs funded under this subchapter. The standards | ||
must adhere to the Nurse-Family Partnership National Service Office | ||
program model standards and guidelines that were developed in | ||
multiple, randomized clinical trials and have been tested and | ||
replicated in multiple communities. | ||
Sec. 265.107 [ |
||
grant funds awarded under this subchapter may be used only to cover | ||
costs related to implementing or expanding and operating a | ||
partnership program, including costs related to: | ||
(1) administering the program; | ||
(2) training and managing registered nurses who | ||
participate in the program; | ||
(3) paying the salaries and expenses of registered | ||
nurses who participate in the program; | ||
(4) paying for facilities and equipment for the | ||
program; and | ||
(5) paying for services provided by the Nurse-Family | ||
Partnership National Service Office to ensure a grant recipient | ||
adheres to the organization's program model. | ||
Sec. 265.108 [ |
||
money appropriated for the competitive grant program, the | ||
department [ |
||
consultant to assist grant recipients with implementing or | ||
expanding and operating the partnership programs in the applicable | ||
communities. | ||
Sec. 265.109 [ |
||
ANNUAL COMMITTEE REPORTS. (a) The department [ |
||
the assistance of the Nurse-Family Partnership National Service | ||
Office, shall: | ||
(1) adopt performance indicators that are designed to | ||
measure a grant recipient's performance with respect to the | ||
partnership program standards adopted by the executive | ||
commissioner under Section 265.106 [ |
||
(2) use the performance indicators to continuously | ||
monitor and formally evaluate on an annual basis the performance of | ||
each grant recipient; and | ||
(3) prepare and submit an annual report, not later | ||
than December 1 of each year, to the Senate Health and Human | ||
Services Committee, or its successor, and the House Human Services | ||
Committee, or its successor, regarding the performance of each | ||
grant recipient during the preceding state fiscal year with respect | ||
to providing partnership program services. | ||
(b) The report required under Subsection (a)(3) must | ||
include: | ||
(1) the number of low-income, first-time mothers to | ||
whom each grant recipient provided partnership program services | ||
and, of that number, the number of mothers who established the | ||
paternity of an alleged father as a result of services provided | ||
under the program; | ||
(2) the extent to which each grant recipient made | ||
regular visits to mothers during the period described by Section | ||
265.103(4) [ |
||
(3) the extent to which each grant recipient adhered | ||
to the Nurse-Family Partnership National Service Office's program | ||
model, including the extent to which registered nurses: | ||
(A) conducted home visitations comparable in | ||
frequency, duration, and content to those delivered in Nurse-Family | ||
Partnership National Service Office clinical trials; and | ||
(B) assessed the health and well-being of mothers | ||
and children participating in the partnership programs in | ||
accordance with indicators of maternal, child, and family health | ||
defined by the department [ |
||
Nurse-Family Partnership National Service Office. | ||
(c) On request, each grant recipient shall timely collect | ||
and provide data and any other information required by the | ||
department [ |
||
prepare the report required by this section. | ||
Sec. 265.110 [ |
||
(a) The department [ |
||
any available federal funds, including federal Medicaid and | ||
Temporary Assistance for Needy Families (TANF) funds, to assist in | ||
financing the competitive grant program established under this | ||
subchapter. | ||
(b) The department [ |
||
from the state government and may accept gifts, donations, and | ||
grants of money from the federal government, local governments, | ||
private corporations, or other persons to assist in financing the | ||
competitive grant program. | ||
(b) Notwithstanding the transfer of Subchapter Q, Chapter | ||
531, Government Code, to Chapter 265, Family Code, and | ||
redesignation as Subchapter C of that chapter, the Health and Human | ||
Services Commission shall continue to administer the Nurse-Family | ||
Partnership Competitive Grant Program under that subchapter until | ||
the date the program transfers to the Department of Family and | ||
Protective Services in accordance with Section 531.0201, | ||
Government Code, as added by this article, and the transition plan | ||
under Section 531.0204, Government Code, as added by this article. | ||
SECTION 1.16. Effective September 1, 2017, Section | ||
1001.002, Health and Safety Code, is amended to read as follows: | ||
Sec. 1001.002. AGENCY AND AGENCY FUNCTIONS. (a) In this | ||
section, "function" includes a power, duty, program, or activity | ||
and an administrative support services function associated with the | ||
power, duty, program, or activity, unless consolidated under | ||
Section 531.02012, Government Code. | ||
(b) The department is an agency of the state. | ||
(c) In accordance with Subchapter A-1, Chapter 531, | ||
Government Code, and notwithstanding any other law, the department | ||
performs only functions related to public health, including health | ||
care data collection and maintenance of the Texas Health Care | ||
Information Collection program. | ||
SECTION 1.17. Effective September 1, 2017, Subchapter A, | ||
Chapter 1001, Health and Safety Code, is amended by adding Sections | ||
1001.004 and 1001.005 to read as follows: | ||
Sec. 1001.004. REFERENCES IN LAW MEANING DEPARTMENT. In | ||
this code or any other law, a reference to the department in | ||
relation to a function described by Section 1001.002(c) means the | ||
department. A reference in law to the department in relation to any | ||
other function has the meaning assigned by Section 531.0011, | ||
Government Code. | ||
Sec. 1001.005. REFERENCES IN LAW MEANING COMMISSIONER OR | ||
DESIGNEE. In this code or in any other law, a reference to the | ||
commissioner in relation to a function described by Section | ||
1001.002(c) means the commissioner. A reference in law to the | ||
commissioner in relation to any other function has the meaning | ||
assigned by Section 531.0012, Government Code. | ||
SECTION 1.18. Effective September 1, 2017, Section | ||
40.002(b), Human Resources Code, as amended by S.B. No. 219, Acts of | ||
the 84th Legislature, Regular Session, 2015, is amended to read as | ||
follows: | ||
(b) Except as provided by Section 40.0025 [ |
||
|
||
(1) provide protective services for children and | ||
elderly persons and persons with disabilities, including | ||
investigations of alleged abuse, neglect, or exploitation in | ||
facilities of the Department of State Health Services and the | ||
Department of Aging and Disability Services or the successor agency | ||
for either of those agencies; | ||
(2) provide family support and family preservation | ||
services that respect the fundamental right of parents to control | ||
the education and upbringing of their children; | ||
(3) license, register, and enforce regulations | ||
applicable to child-care facilities, child-care administrators, | ||
and child-placing agency administrators; and | ||
(4) implement and manage programs intended to provide | ||
early intervention or prevent at-risk behaviors that lead to child | ||
abuse, delinquency, running away, truancy, and dropping out of | ||
school. | ||
SECTION 1.19. Effective September 1, 2017, Subchapter A, | ||
Chapter 40, Human Resources Code, is amended by adding Sections | ||
40.0025, 40.0026, and 40.0027 to read as follows: | ||
Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section, | ||
"function" includes a power, duty, program, or activity and an | ||
administrative support services function associated with the | ||
power, duty, program, or activity, unless consolidated under | ||
Section 531.02012, Government Code. | ||
(b) In accordance with Subchapter A-1, Chapter 531, | ||
Government Code, and notwithstanding any other law, the department | ||
performs only functions, including the statewide intake of reports | ||
and other information, related to the following services: | ||
(1) child protective services, including services | ||
that are required by federal law to be provided by this state's | ||
child welfare agency; | ||
(2) adult protective services, other than | ||
investigations of the alleged abuse, neglect, or exploitation of an | ||
elderly person or person with a disability: | ||
(A) in a facility operated, or in a facility or by | ||
a person licensed, certified, or registered, by a state agency; or | ||
(B) by a provider that has contracted to provide | ||
home and community-based services; and | ||
(3) prevention and early intervention services | ||
functions, including: | ||
(A) prevention and early intervention services | ||
as defined under Section 265.001, Family Code; and | ||
(B) programs that: | ||
(i) provide parent education; | ||
(ii) promote healthier parent-child | ||
relationships; or | ||
(iii) prevent family violence. | ||
Sec. 40.0026. REFERENCES IN LAW MEANING DEPARTMENT. In | ||
this code or any other law, a reference to the department in | ||
relation to a function described by Section 40.0025(b) means the | ||
department. A reference in law to the department in relation to any | ||
other function has the meaning assigned by Section 531.0011, | ||
Government Code. | ||
Sec. 40.0027. REFERENCES IN LAW MEANING COMMISSIONER OR | ||
DESIGNEE. In this code or in any other law, a reference to the | ||
commissioner in relation to a function described by Section | ||
40.0025(b) means the commissioner. A reference in law to the | ||
commissioner in relation to any other function has the meaning | ||
assigned by Section 531.0012, Government Code. | ||
SECTION 1.20. Sections 40.0515(d) and (e), Human Resources | ||
Code, are amended to read as follows: | ||
(d) A performance review conducted under Subsection (b)(3) | ||
is considered a performance evaluation for purposes of Section | ||
40.032(c) of this code or Section 531.009(c), Government Code, as | ||
applicable. The department shall ensure that disciplinary or other | ||
corrective action is taken against a supervisor or other managerial | ||
employee who is required to conduct a performance evaluation for | ||
adult protective services personnel under Section 40.032(c) of this | ||
code or Section 531.009(c), Government Code, as applicable, or a | ||
performance review under Subsection (b)(3) and who fails to | ||
complete that evaluation or review in a timely manner. | ||
(e) The annual performance evaluation required under | ||
Section 40.032(c) of this code or Section 531.009(c), Government | ||
Code, as applicable, of the performance of a supervisor in the adult | ||
protective services division must: | ||
(1) be performed by an appropriate program | ||
administrator; and | ||
(2) include: | ||
(A) an evaluation of the supervisor with respect | ||
to the job performance standards applicable to the supervisor's | ||
assigned duties; and | ||
(B) an evaluation of the supervisor with respect | ||
to the compliance of employees supervised by the supervisor with | ||
the job performance standards applicable to those employees' | ||
assigned duties. | ||
SECTION 1.21. (a) The heading to Subchapter C, Chapter | ||
112, Human Resources Code, is amended to read as follows: | ||
SUBCHAPTER C. [ |
||
DISABILITIES | ||
(b) Section 112.042, Human Resources Code, is amended by | ||
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to | ||
read as follows: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(1-a) "Developmental disability" means a severe, | ||
chronic disability that: | ||
(A) is attributable to a mental or physical | ||
impairment or to a combination of a mental and physical impairment; | ||
(B) is manifested before a person reaches the age | ||
of 22; | ||
(C) is likely to continue indefinitely; | ||
(D) results in substantial functional | ||
limitations in three or more major life activities, including: | ||
(i) self-care; | ||
(ii) receptive and expressive language; | ||
(iii) learning; | ||
(iv) mobility; | ||
(v) self-direction; | ||
(vi) capacity for independent living; and | ||
(vii) economic sufficiency; and | ||
(E) reflects the person's needs for a combination | ||
and sequence of special interdisciplinary or generic care, | ||
treatment, or other lifelong or extended services that are | ||
individually planned and coordinated. | ||
(1-b) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(c) Subchapter C, Chapter 112, Human Resources Code, is | ||
amended by adding Sections 112.0421 and 112.0431 to read as | ||
follows: | ||
Sec. 112.0421. APPLICABILITY AND EXPIRATION OF CERTAIN | ||
PROVISIONS. (a) Sections 112.041(a), 112.043, 112.045, 112.0451, | ||
112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and | ||
112.0472 apply only until the date the executive commissioner | ||
begins to administer this subchapter and the commission assumes the | ||
duties and functions of the Office for the Prevention of | ||
Developmental Disabilities in accordance with Section 112.0431. | ||
(b) On the date the provisions listed in Subsection (a) | ||
cease to apply, the executive committee under Section 112.045 and | ||
the board of advisors under Section 112.046 are abolished. | ||
(c) This section and Sections 112.041(a), 112.043, 112.045, | ||
112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047, | ||
112.0471, and 112.0472 expire on the last day of the period | ||
prescribed by Section 531.02001(2), Government Code. | ||
Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN | ||
REFERENCES. (a) Notwithstanding any other provision in this | ||
subchapter, the executive commissioner shall administer this | ||
subchapter beginning on the date specified in the transition plan | ||
under Section 531.0204, Government Code, and the commission shall | ||
perform the duties and functions of the Office for the Prevention of | ||
Developmental Disabilities in the organizational form the | ||
executive commissioner determines appropriate. | ||
(b) Following the assumption of the administration of this | ||
subchapter by the executive commissioner and the duties and | ||
functions by the commission in accordance with Subsection (a): | ||
(1) a reference in this subchapter to the office, the | ||
Office for the Prevention of Developmental Disabilities, or the | ||
executive committee of that office means the commission, the | ||
division or other organizational unit within the commission | ||
designated by the executive commissioner, or the executive | ||
commissioner, as appropriate; and | ||
(2) a reference in any other law to the Office for the | ||
Prevention of Developmental Disabilities has the meaning assigned | ||
by Subdivision (1). | ||
(d) Section 112.044, Human Resources Code, is amended to | ||
read as follows: | ||
Sec. 112.044. DUTIES. The office shall: | ||
(1) educate the public and attempt to promote sound | ||
public policy regarding the prevention of developmental | ||
disabilities; | ||
(2) identify, collect, and disseminate information | ||
and data concerning the causes, frequency of occurrence, and | ||
preventability of developmental disabilities; | ||
(3) work with appropriate divisions within the | ||
commission, state agencies, and other entities to develop a | ||
coordinated long-range plan to effectively monitor and reduce the | ||
incidence or severity of developmental disabilities; | ||
(4) promote and facilitate the identification, | ||
development, coordination, and delivery of needed prevention | ||
services; | ||
(5) solicit, receive, and spend grants and donations | ||
from public, private, state, and federal sources; | ||
(6) identify and encourage establishment of needed | ||
reporting systems to track the causes and frequencies of occurrence | ||
of developmental disabilities; | ||
(7) develop, operate, and monitor programs created | ||
under Section 112.048 addressing [ |
||
prevention of specific targeted developmental disabilities; | ||
(8) monitor and assess the effectiveness of divisions | ||
within the commission and of state agencies in preventing [ |
||
|
||
(9) recommend the role each division within the | ||
commission and each state agency should have with regard to | ||
prevention of developmental disabilities; | ||
(10) facilitate coordination of state agency | ||
prevention services and activities within the commission and among | ||
appropriate state agencies; and | ||
(11) encourage cooperative, comprehensive, and | ||
complementary planning among public, private, and volunteer | ||
individuals and organizations engaged in prevention activities, | ||
providing prevention services, or conducting related research. | ||
(e) Sections 112.048 and 112.049, Human Resources Code, are | ||
amended to read as follows: | ||
Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED | ||
DEVELOPMENTAL DISABILITIES [ |
||
committee shall establish guidelines for: | ||
(1) selecting targeted disabilities; | ||
(2) assessing prevention services needs; and | ||
(3) reviewing [ |
||
operations for programs under this section. | ||
(b) The executive committee shall [ |
||
|
||
prevention programs for specifically targeted developmental | ||
disabilities. [ |
||
|
||
|
||
(c) A program under this section [ |
||
(1) must include [ |
||
the incidence of a specifically targeted disability; | ||
(2) must include [ |
||
plan; | ||
(3) must be funded [ |
||
(A) contracts for services from participating | ||
agencies; | ||
(B) grants and gifts from private persons and | ||
consumer and advocacy organizations; and | ||
(C) foundation support; and | ||
(4) must be approved by [ |
||
|
||
|
||
[ |
||
|
||
|
||
Sec. 112.049. EVALUATION. (a) The office shall identify | ||
or encourage the establishment of needed statistical bases for each | ||
targeted group against which the office can measure how effectively | ||
a [ |
||
frequency or severity of a targeted developmental disability. | ||
(b) The executive committee shall regularly monitor and | ||
evaluate the results of [ |
||
Section 112.048. | ||
(f) The heading to Section 112.050, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 112.050. GRANTS AND OTHER FUNDING. | ||
(g) Section 112.050, Human Resources Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) The executive committee may not submit a legislative | ||
appropriation request for general revenue funds for purposes of | ||
this subchapter. | ||
(d) In addition to funding under Subsection (a), the office | ||
may accept and solicit gifts, donations, and grants of money from | ||
public and private sources, including the federal government, local | ||
governments, and private entities, to assist in financing the | ||
duties and functions of the office. The commission shall support | ||
office fund-raising efforts authorized by this subsection. Funds | ||
raised under this subsection may only be spent in furtherance of a | ||
duty or function of the office or in accordance with rules | ||
applicable to the office. | ||
(h) Section 112.051, Human Resources Code, is amended to | ||
read as follows: | ||
Sec. 112.051. REPORTS TO LEGISLATURE. The office shall | ||
submit by February 1 of each odd-numbered year biennial reports to | ||
the legislature detailing findings of the office and the results of | ||
[ |
||
recommending improvements in the delivery of developmental | ||
disability prevention services. | ||
(i) Notwithstanding the changes in law made by this section, | ||
the Office for the Prevention of Developmental Disabilities and any | ||
administrative entity of the Office for the Prevention of | ||
Developmental Disabilities shall continue to operate under the law | ||
as it existed before the effective date of this article, and that | ||
law is continued in effect for that purpose, until the executive | ||
commissioner of the Health and Human Services Commission begins | ||
administering Subchapter C, Chapter 112, Human Resources Code, as | ||
amended by this article, and the commission begins performing the | ||
duties and functions of the Office for the Prevention of | ||
Developmental Disabilities as required by Section 112.0431, Human | ||
Resources Code, as added by this article, on the date specified in | ||
the transition plan required under Section 531.0204, Government | ||
Code, as added by this article. | ||
(j) The executive commissioner of the Health and Human | ||
Services Commission shall begin administering Subchapter C, | ||
Chapter 112, Human Resources Code, as amended by this article, and | ||
the commission shall begin performing the duties and functions of | ||
the Office for the Prevention of Developmental Disabilities as | ||
required by Section 112.0431, Human Resources Code, as added by | ||
this article, on the date specified in the transition plan required | ||
under Section 531.0204, Government Code, as added by this article. | ||
SECTION 1.22. (a) The heading to Chapter 114, Human | ||
Resources Code, is amended to read as follows: | ||
CHAPTER 114. [ |
||
DISORDERS | ||
(b) Section 114.002, Human Resources Code, is amended by | ||
adding Subdivisions (1-a) and (3) to read as follows: | ||
(1-a) "Commission" means the Health and Human Services | ||
Commission. | ||
(3) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(c) Chapter 114, Human Resources Code, is amended by adding | ||
Sections 114.0021 and 114.0031 to read as follows: | ||
Sec. 114.0021. APPLICABILITY AND EXPIRATION OF CERTAIN | ||
PROVISIONS. (a) Sections 114.001, 114.003, 114.004, 114.005, | ||
114.007(a), and 114.010(d) apply only until the date the executive | ||
commissioner begins to administer this chapter and the commission | ||
assumes the duties and functions of the Texas Council on Autism and | ||
Pervasive Developmental Disorders in accordance with Section | ||
114.0031. | ||
(b) On the date the provisions listed in Subsection (a) | ||
cease to apply, the Texas Council on Autism and Pervasive | ||
Developmental Disorders is abolished. | ||
(c) This section and Sections 114.001, 114.003, 114.004, | ||
114.005, 114.007(a), and 114.010(d) expire on the last day of the | ||
period prescribed by Section 531.02001(1), Government Code. | ||
Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN | ||
REFERENCES. (a) Notwithstanding any other provision in this | ||
chapter, the executive commissioner shall administer this chapter | ||
beginning on the date specified in the transition plan under | ||
Section 531.0204, Government Code, and the commission shall perform | ||
the duties and functions of the Texas Council on Autism and | ||
Pervasive Developmental Disorders in the organizational form the | ||
executive commissioner determines appropriate. | ||
(b) Following the assumption of the administration of this | ||
chapter by the executive commissioner and the duties and functions | ||
by the commission in accordance with Subsection (a): | ||
(1) a reference in this chapter to the council, the | ||
Texas Council on Autism and Pervasive Developmental Disorders, or | ||
an agency represented on the council means the commission, the | ||
division or other organizational unit within the commission | ||
designated by the executive commissioner, or the executive | ||
commissioner, as appropriate; and | ||
(2) a reference in any other law to the Texas Council | ||
on Autism and Pervasive Developmental Disorders has the meaning | ||
assigned by Subdivision (1). | ||
(d) Section 114.006(b), Human Resources Code, is amended to | ||
read as follows: | ||
(b) The council shall make written recommendations on the | ||
implementation of this chapter. If the council considers a | ||
recommendation that will affect another state [ |
||
|
||
assistance of the agency before taking action on the | ||
recommendation. On approval of the governing body of the agency, | ||
each agency affected by a council recommendation shall implement | ||
the recommendation. If an agency does not have sufficient funds to | ||
implement a recommendation, the agency shall request funds for that | ||
purpose in its next budget proposal. | ||
(e) Sections 114.007(b) and (c), Human Resources Code, are | ||
amended to read as follows: | ||
(b) The council with [ |
||
|
||
developmental disorders, their families, and related advocacy | ||
organizations shall address contemporary issues affecting services | ||
available to persons with autism or other pervasive developmental | ||
disorders in this state, including: | ||
(1) successful intervention and treatment strategies, | ||
including transitioning; | ||
(2) personnel preparation and continuing education; | ||
(3) referral, screening, and evaluation services; | ||
(4) day care, respite care, or residential care | ||
services; | ||
(5) vocational and adult training programs; | ||
(6) public awareness strategies; | ||
(7) contemporary research; | ||
(8) early identification strategies; | ||
(9) family counseling and case management; and | ||
(10) recommendations for monitoring autism service | ||
programs. | ||
(c) The council with [ |
||
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developmental disorders, their families, and related advocacy | ||
organizations shall advise the legislature on legislation that is | ||
needed to develop further and to maintain a statewide system of | ||
quality intervention and treatment services for all persons with | ||
autism or other pervasive developmental disorders. The council may | ||
develop and recommend legislation to the legislature or comment on | ||
pending legislation that affects those persons. | ||
(f) Section 114.008, Human Resources Code, is amended to | ||
read as follows: | ||
Sec. 114.008. REPORT. (a) [ |
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each even-numbered year, the council shall: | ||
(1) prepare a report summarizing requirements the | ||
council identifies and recommendations for providing additional or | ||
improved services to persons with autism or other pervasive | ||
developmental disorders; and | ||
(2) deliver the report to the executive commissioner | ||
[ |
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lieutenant governor, and the speaker of the house of | ||
representatives [ |
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(b) The council shall develop a strategy for establishing | ||
new programs to meet the requirements identified through the | ||
council's review and assessment and from input from [ |
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disorders, their families, and related advocacy organizations. | ||
(g) Section 114.013, Human Resources Code, is amended to | ||
read as follows: | ||
Sec. 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS | ||
WITH AUTISM SPECTRUM DISORDERS [ |
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commission [ |
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coordinate resources for individuals with autism and other | ||
pervasive developmental disorders and their families. In | ||
coordinating those resources [ |
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shall consult with [ |
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state agencies[ |
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(b) As part of coordinating resources under Subsection (a), | ||
the commission [ |
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[ |
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(1) collect and distribute information and research | ||
regarding autism and other pervasive developmental disorders; | ||
(2) conduct training and development activities for | ||
persons who may interact with an individual with autism or another | ||
pervasive developmental disorder in the course of their employment, | ||
including school, medical, or law enforcement personnel; | ||
(3) coordinate with local entities that provide | ||
services to an individual with autism or another pervasive | ||
developmental disorder; and | ||
(4) provide support for families affected by autism | ||
and other pervasive developmental disorders. | ||
(h) Notwithstanding the changes in law made by this section, | ||
the Texas Council on Autism and Pervasive Developmental Disorders | ||
and any administrative entity of the Texas Council on Autism and | ||
Pervasive Developmental Disorders shall continue to operate under | ||
the law as it existed before the effective date of this article, and | ||
that law is continued in effect for that purpose, until the | ||
executive commissioner of the Health and Human Services Commission | ||
begins administering Chapter 114, Human Resources Code, as amended | ||
by this article, and the commission begins performing the duties | ||
and functions of the Texas Council on Autism and Pervasive | ||
Developmental Disorders as required by Section 114.0031, Human | ||
Resources Code, as added by this article, on the date specified in | ||
the transition plan required under Section 531.0204, Government | ||
Code, as added by this article. | ||
(i) The executive commissioner of the Health and Human | ||
Services Commission shall begin administering Chapter 114, Human | ||
Resources Code, as amended by this article, and the commission | ||
shall begin performing the duties and functions of the Texas | ||
Council on Autism and Pervasive Developmental Disorders as required | ||
by Section 114.0031, Human Resources Code, as added by this | ||
article, on the date specified in the transition plan required | ||
under Section 531.0204, Government Code, as added by this article. | ||
SECTION 1.23. (a) Effective September 1, 2016, the | ||
following provisions of the Government Code, including provisions | ||
amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, are repealed: | ||
(1) Section 531.0235; and | ||
(2) Subchapter K, Chapter 531. | ||
(b) Effective September 1, 2016, the following provisions | ||
of the Health and Safety Code are repealed: | ||
(1) Section 1001.021; | ||
(2) Section 1001.022; | ||
(3) Section 1001.023; | ||
(4) Section 1001.024; | ||
(5) Section 1001.025; | ||
(6) Section 1001.026; and | ||
(7) Section 1001.027. | ||
(c) 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 40.021; | ||
(2) Section 40.022; | ||
(3) Section 40.0226; | ||
(4) Section 40.024; | ||
(5) Section 40.025; | ||
(6) Section 40.026; | ||
(7) Section 117.002; | ||
(8) Section 117.021; | ||
(9) Section 117.022; | ||
(10) Section 117.023; | ||
(11) Section 117.024; | ||
(12) Section 117.025; | ||
(13) Section 117.026; | ||
(14) Section 117.027; | ||
(15) Section 117.028; | ||
(16) Section 117.029; | ||
(17) Section 117.030; | ||
(18) Section 117.032; | ||
(19) Section 117.051; | ||
(20) Section 117.052; | ||
(21) Section 117.053; | ||
(22) Section 117.054; | ||
(23) Section 117.055; | ||
(24) Section 117.056; | ||
(25) Section 117.072; | ||
(26) Section 161.021; | ||
(27) Section 161.022; | ||
(28) Section 161.023; | ||
(29) Section 161.024; | ||
(30) Section 161.025; | ||
(31) Section 161.026; | ||
(32) Section 161.027; | ||
(33) Section 161.028; | ||
(34) Section 161.029; and | ||
(35) Section 161.030. | ||
(d) Effective September 1, 2017, Section 531.0055(i), | ||
Government Code, is repealed. | ||
(e) Effective September 1, 2017, 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 161.002; | ||
(2) Section 161.032; | ||
(3) Section 161.051; | ||
(4) Section 161.052; | ||
(5) Section 161.053; | ||
(6) Section 161.054; | ||
(7) Section 161.055; | ||
(8) Section 161.056; and | ||
(9) Section 161.072. | ||
(f) Notwithstanding Subsections (a), (b), (c), (d), and (e) | ||
of this section, the implementation of a provision repealed by one | ||
of those subsections ceases on the date the responsible state | ||
agency or entity listed in Section 531.0202, Government Code, as | ||
added by this article, is abolished as provided by Subchapter A-1, | ||
Chapter 531, Government Code, as added by this article. | ||
ARTICLE 2. HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS | ||
SECTION 2.01. Section 531.001, Government Code, is amended | ||
by adding Subdivision (3-a) to read as follows: | ||
(3-a) "Health and human services system" means the | ||
system for providing or otherwise administering health and human | ||
services in this state by the commission, including through an | ||
office or division of the commission or through another entity | ||
under the administrative and operational control of the executive | ||
commissioner. | ||
SECTION 2.02. Subchapter A, Chapter 531, Government Code, | ||
is amended by adding Section 531.00552 to read as follows: | ||
Sec. 531.00552. CONSOLIDATED INTERNAL AUDIT PROGRAM. | ||
(a) Notwithstanding Section 2102.005, the commission shall | ||
operate the internal audit program required under Chapter 2102 for | ||
the commission and each health and human services agency as a | ||
consolidated internal audit program. | ||
(b) For purposes of this section, a reference in Chapter | ||
2102 to the administrator of a state agency with respect to a health | ||
and human services agency means the executive commissioner. | ||
SECTION 2.03. (a) Subchapter A, Chapter 531, Government | ||
Code, is amended by adding Section 531.0164 to read as follows: | ||
Sec. 531.0164. HEALTH AND HUMAN SERVICES SYSTEM INTERNET | ||
WEBSITE COORDINATION. The commission shall establish a process to | ||
ensure Internet websites across the health and human services | ||
system are developed and maintained according to standard criteria | ||
for uniformity, efficiency, and technical capabilities. Under the | ||
process, the commission shall: | ||
(1) develop and maintain an inventory of all health | ||
and human services system Internet websites; | ||
(2) on an ongoing basis, evaluate the inventory | ||
maintained under Subdivision (1) to: | ||
(A) determine whether any of the Internet | ||
websites should be consolidated to improve public access to those | ||
websites' content; and | ||
(B) ensure the Internet websites comply with the | ||
standard criteria; and | ||
(3) if appropriate, consolidate the websites | ||
identified under Subdivision (2)(A). | ||
(b) As soon as possible after the effective date of this | ||
article, the Health and Human Services Commission shall implement | ||
Section 531.0164, Government Code, as added by this article. | ||
(c) As soon as possible after a function is transferred in | ||
accordance with Section 531.0201, 531.02011, or 531.02012, | ||
Government Code, as added by this Act, the Health and Human Services | ||
Commission shall, in accordance with Section 531.0164, Government | ||
Code, as added by this article, ensure that an Internet website | ||
related to the transferred function is updated, transferred, or | ||
consolidated to reflect the consolidation mandated by Subchapter | ||
A-1, Chapter 531, Government Code, as added by this Act. | ||
SECTION 2.04. (a) Subchapter A, Chapter 531, Government | ||
Code, is amended by adding Section 531.0171 to read as follows: | ||
Sec. 531.0171. OFFICE OF OMBUDSMAN. (a) The executive | ||
commissioner shall establish the commission's office of the | ||
ombudsman with authority and responsibility over the health and | ||
human services system in performing the following functions: | ||
(1) providing dispute resolution services for the | ||
health and human services system; | ||
(2) performing consumer protection and advocacy | ||
functions related to health and human services, including assisting | ||
a consumer or other interested person with: | ||
(A) raising a matter within the health and human | ||
services system that the person feels is being ignored; and | ||
(B) obtaining information regarding a filed | ||
complaint; and | ||
(3) collecting inquiry and complaint data related to | ||
the health and human services system. | ||
(b) The office of the ombudsman does not have the authority | ||
to provide a separate process for resolving complaints or appeals. | ||
(c) The executive commissioner shall develop a standard | ||
process for tracking and reporting received inquiries and | ||
complaints within the health and human services system. The | ||
process must provide for the centralized tracking of inquiries and | ||
complaints submitted to field, regional, or other local health and | ||
human services system offices. | ||
(d) Using the process developed under Subsection (c), the | ||
office of the ombudsman shall collect inquiry and complaint data | ||
from all offices, agencies, divisions, and other entities within | ||
the health and human services system. To assist with the collection | ||
of data under this subsection, the office may access any system or | ||
process for recording inquiries and complaints used or maintained | ||
within the health and human services system. | ||
(b) As soon as possible after the effective date of this | ||
article, the executive commissioner of the Health and Human | ||
Services Commission shall implement Section 531.0171, Government | ||
Code, as added by this article. | ||
(c) Notwithstanding any other provision of state law but | ||
except as provided by Subsection (d) of this section: | ||
(1) each office of an ombudsman established before the | ||
effective date of this section that performs ombudsman duties for a | ||
state agency or entity subject to abolition under Section 531.0202, | ||
Government Code, as added by this Act, is abolished on the date the | ||
state agency or entity for which the office performs ombudsman | ||
duties is abolished in accordance with the transition plan under | ||
Section 531.0204, Government Code, as added by this Act; and | ||
(2) each office of an ombudsman established before the | ||
effective date of this section that performs ombudsman duties for | ||
the Department of Family and Protective Services or the Department | ||
of State Health Services is abolished on the date specified in the | ||
transition plan under Section 531.0204, Government Code, as added | ||
by this Act. | ||
(d) The following offices of an ombudsman are not abolished | ||
under Subsection (c) of this section and continue in existence: | ||
(1) the office of independent ombudsman for state | ||
supported living centers established under Subchapter C, Chapter | ||
555, Health and Safety Code; | ||
(2) the office of the state long-term care ombudsman; | ||
and | ||
(3) any other ombudsman office serving all or part of | ||
the health and human services system that is required by federal | ||
law. | ||
(e) The executive commissioner of the Health and Human | ||
Services Commission shall certify which offices of ombudsman are | ||
abolished, and which are exempt from abolition, under Subsection | ||
(d) of this section and shall publish that certification in the | ||
Texas Register not later than September 1, 2016. | ||
SECTION 2.05. (a) Subchapter A, Chapter 531, Government | ||
Code, is amended by adding Section 531.0192 to read as follows: | ||
Sec. 531.0192. HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND | ||
CALL CENTER COORDINATION. (a) The commission shall establish a | ||
process to ensure all health and human services system hotlines and | ||
call centers are necessary and appropriate. Under the process, the | ||
commission shall: | ||
(1) develop criteria for use in assessing whether a | ||
hotline or call center serves an ongoing purpose; | ||
(2) develop and maintain an inventory of all system | ||
hotlines and call centers; | ||
(3) use the inventory and assessment criteria | ||
developed under this subsection to periodically consolidate | ||
hotlines and call centers along appropriate functional lines; | ||
(4) develop an approval process designed to ensure | ||
that a newly established hotline or call center, including the | ||
telephone system and contract terms for the hotline or call center, | ||
meets policies and standards established by the commission; and | ||
(5) develop policies and standards for hotlines and | ||
call centers that include both quality and quantity performance | ||
measures and benchmarks and may include: | ||
(A) client satisfaction with call resolution; | ||
(B) accuracy of information provided; | ||
(C) the percentage of received calls that are | ||
answered; | ||
(D) the amount of time a caller spends on hold; | ||
and | ||
(E) call abandonment rates. | ||
(a-1) In developing policies and standards under Subsection | ||
(a)(5), the commission may allow varied performance measures and | ||
benchmarks for a hotline or call center based on factors affecting | ||
the capacity of the hotline or call center, including factors such | ||
as staffing levels and funding. | ||
(b) In consolidating hotlines and call centers under | ||
Subsection (a)(3), the commission shall seek to maximize the use | ||
and effectiveness of the commission's 2-1-1 telephone number. | ||
(b) As soon as possible after the effective date of this | ||
article, the Health and Human Services Commission shall implement | ||
Section 531.0192, Government Code, as added by this article. | ||
(c) Not later than March 1, 2016, the Health and Human | ||
Services Commission shall complete an initial assessment and | ||
consolidation of hotlines and call centers, as required by Section | ||
531.0192, Government Code, as added by this article. | ||
(d) As soon as possible after a function is transferred in | ||
accordance with Section 531.0201 or 531.02011, Government Code, as | ||
added by this Act, the Health and Human Services Commission shall, | ||
in accordance with Section 531.0192, Government Code, as added by | ||
this article, ensure a hotline or call center related to the | ||
transferred function is transferred or consolidated to reflect the | ||
consolidation mandated by Subchapter A-1, Chapter 531, Government | ||
Code, as added by this Act. | ||
SECTION 2.06. Subchapter B, Chapter 531, Government Code, | ||
is amended by adding Section 531.02731 to read as follows: | ||
Sec. 531.02731. REPORT OF INFORMATION RESOURCES MANAGER TO | ||
COMMISSION. Notwithstanding Section 2054.075(b), the information | ||
resources manager of a health and human services agency shall | ||
report directly to the executive commissioner or a deputy executive | ||
commissioner designated by the executive commissioner. | ||
ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE | ||
SECTION 3.01. 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 3.02. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2015. | ||
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