Bill Text: TX HB5 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the powers and duties of the Department of Family and Protective Services and the transfer of certain powers and duties from the Health and Human Services Commission.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced) 2017-03-01 - Placed on Emergency Calendar [HB5 Detail]

Download: Texas-2017-HB5-Comm_Sub.html
  85R11894 MK-D
 
  By: Frank, Raymond, Burkett, Keough, et al. H.B. No. 5
 
  Substitute the following for H.B. No. 5:
 
  By:  Keough C.S.H.B. No. 5
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Department of Family and
  Protective Services and the transfer of certain powers and duties
  from the Health and Human Services Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.0051(a)(2), Family Code, is amended
  to read as follows:
               (2)  "Juvenile service provider" means a governmental
  entity that provides juvenile justice or prevention, medical,
  educational, or other support services to a juvenile.  The term
  includes:
                     (A)  a state or local juvenile justice agency as
  defined by Section 58.101;
                     (B)  health and human services agencies, as
  defined by Section 531.001, Government Code, and the Health and
  Human Services Commission;
                     (C)  the Department of Family and Protective
  Services;
                     (D)  the Department of Public Safety;
                     (E) [(D)]  the Texas Education Agency;
                     (F) [(E)]  an independent school district;
                     (G) [(F)]  a juvenile justice alternative
  education program;
                     (H) [(G)]  a charter school;
                     (I) [(H)]  a local mental health or mental
  retardation authority;
                     (J) [(I)]  a court with jurisdiction over
  juveniles;
                     (K) [(J)]  a district attorney's office;
                     (L) [(K)]  a county attorney's office; and
                     (M) [(L)]  a children's advocacy center
  established under Section 264.402.
         SECTION 2.  Section 58.0072(c), Family Code, is amended to
  read as follows:
         (c)  The Texas Juvenile Justice Department may grant the
  following entities access to juvenile justice information for
  research and statistical purposes or for any other purpose approved
  by the department:
               (1)  criminal justice agencies as defined by Section
  411.082, Government Code;
               (2)  the Texas Education Agency, as authorized under
  Section 37.084, Education Code;
               (3)  any agency under the authority of the Health and
  Human Services Commission; [or]
               (4)  the Department of Family and Protective Services;
  or
               (5)  a public or private university.
         SECTION 3.  Section 107.152(c), Family Code, is amended to
  read as follows:
         (c)  The pre-placement and post-placement parts of an
  adoption evaluation conducted by a licensed child-placing agency or
  the department are governed by rules adopted by the [executive]
  commissioner of the department [Health and Human Services
  Commission].
         SECTION 4.  Section 107.159(a), Family Code, is amended to
  read as follows:
         (a)  Unless otherwise agreed to by the court, the
  pre-placement part of an adoption evaluation must comply with the
  minimum requirements for the pre-placement part of an adoption
  evaluation under rules adopted by the [executive] commissioner of
  the department [Health and Human Services Commission].
         SECTION 5.  Section 107.160(a), Family Code, is amended to
  read as follows:
         (a)  Unless otherwise agreed to by the court, the
  post-placement part of an adoption evaluation must comply with the
  minimum requirements for the post-placement part of an adoption
  evaluation under rules adopted by the [executive] commissioner of
  the department [Health and Human Services Commission].
         SECTION 6.  Sections 162.304(b-2) and (g), Family Code, are
  amended to read as follows:
         (b-2)  The [executive] commissioner of the department
  [Health and Human Services Commission] shall adopt rules necessary
  to implement Subsection (b-1), including rules that:
               (1)  limit eligibility for the subsidy under that
  subsection to a child whose adoptive family income is less than 300
  percent of the federal poverty level;
               (2)  provide for the manner in which the department
  shall pay the subsidy under that subsection; and
               (3)  specify any documentation required to be provided
  by an adoptive parent as proof that the subsidy is used to obtain
  and maintain health benefits coverage for the adopted child.
         (g)  The [executive] commissioner of the department [Health
  and Human Services Commission] by rule shall provide that the
  maximum amount of the subsidy under Subsection (b) that may be paid
  to an adoptive parent of a child under an adoption assistance
  agreement is an amount that is equal to the amount that would have
  been paid to the foster parent of the child, based on the child's
  foster care service level on the date the department and the
  adoptive parent enter into the adoption assistance agreement. This
  subsection applies only to a child who, based on factors specified
  in rules of the department, the department determines would
  otherwise have been expected to remain in foster care until the
  child's 18th birthday and for whom this state would have made foster
  care payments for that care. Factors the department may consider in
  determining whether a child is eligible for the amount of the
  subsidy authorized by this subsection include the following:
               (1)  the child's mental or physical disability, age,
  and membership in a sibling group; and
               (2)  the number of prior placement disruptions the
  child has experienced.
         SECTION 7.  Section 162.3041(a-1), Family Code, is amended
  to read as follows:
         (a-1)  Notwithstanding Subsection (a), if the department
  first entered into an adoption assistance agreement with a child's
  adoptive parents after the child's 16th birthday, the department
  shall, in accordance with rules adopted by the [executive]
  commissioner of the department [Health and Human Services
  Commission], offer adoption assistance after the child's 18th
  birthday to the child's adoptive parents under an existing adoption
  agreement until the last day of the month of the child's 21st
  birthday, provided the child is:
               (1)  regularly attending high school or enrolled in a
  program leading toward a high school diploma or high school
  equivalency certificate;
               (2)  regularly attending an institution of higher
  education or a postsecondary vocational or technical program;
               (3)  participating in a program or activity that
  promotes, or removes barriers to, employment;
               (4)  employed for at least 80 hours a month; or
               (5)  incapable of doing any of the activities described
  by Subdivisions (1)-(4) due to a documented medical condition.
         SECTION 8.  Subchapter A, Chapter 261, Family Code, is
  amended by adding Section 261.004 to read as follows:
         Sec. 261.004.  REFERENCE TO EXECUTIVE COMMISSIONER OR
  COMMISSION. In this chapter:
               (1)  a reference to the executive commissioner or the
  executive commissioner of the Health and Human Services Commission
  means the commissioner of the department; and
               (2)  a reference to the Health and Human Services
  Commission means the department.
         SECTION 9.  Section 263.009(a), Family Code, is amended to
  read as follows:
         (a)  The department shall hold a permanency planning meeting
  for each child for whom the department is appointed temporary
  managing conservator in accordance with a schedule adopted by the
  [executive] commissioner of the department [Health and Human
  Services Commission] by rule that is designed to allow the child to
  exit the managing conservatorship of the department safely and as
  soon as possible and be placed with an appropriate adult caregiver
  who will permanently assume legal responsibility for the child.
         SECTION 10.  Subchapter A, Chapter 264, Family Code, is
  amended by adding Section 264.0011 to read as follows:
         Sec. 264.0011.  REFERENCE TO EXECUTIVE COMMISSIONER OR
  COMMISSION. In this chapter:
               (1)  a reference to the executive commissioner or the
  executive commissioner of the Health and Human Services Commission
  means the commissioner of the department; and
               (2)  a reference to the commission or the Health and
  Human Services Commission means the department.
         SECTION 11.  Section 265.105, Family Code, as added by
  Chapter 1257 (H.B. 2630), Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 265.105.  RULES.  The [executive] commissioner of the
  department [Health and Human Services Commission] may adopt rules
  as necessary to implement this subchapter.
         SECTION 12.  Section 265.106, Family Code, is amended to
  read as follows:
         Sec. 265.106.  PARTNERSHIP PROGRAM STANDARDS. 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.
         SECTION 13.  Section 265.109(a), Family Code, is amended to
  read as follows:
         (a)  The department, with 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.
         SECTION 14.  Section 266.001, Family Code, is amended by
  adding Subdivision (1-b) to read as follows:
               (1-b)  "Commissioner" means the commissioner of the
  Department of Family and Protective Services.
         SECTION 15.  Section 266.003, Family Code, is amended to
  read as follows:
         Sec. 266.003.  MEDICAL SERVICES FOR CHILD ABUSE AND NEGLECT
  VICTIMS. (a) The department [commission] shall collaborate with
  the commission and health care and child welfare professionals to
  design a comprehensive, cost-effective medical services delivery
  model, either directly or by contract, to meet the needs of children
  served by the department. The medical services delivery model must
  include:
               (1)  the designation of health care facilities with
  expertise in the forensic assessment, diagnosis, and treatment of
  child abuse and neglect as pediatric centers of excellence;
               (2)  a statewide telemedicine system to link department
  investigators and caseworkers with pediatric centers of excellence
  or other medical experts for consultation;
               (3)  identification of a medical home for each foster
  child on entering foster care at which the child will receive an
  initial comprehensive assessment as well as preventive treatments,
  acute medical services, and therapeutic and rehabilitative care to
  meet the child's ongoing physical and mental health needs
  throughout the duration of the child's stay in foster care;
               (4)  the development and implementation of health
  passports as described in Section 266.006;
               (5)  establishment and use of a management information
  system that allows monitoring of medical care that is provided to
  all children in foster care;
               (6)  the use of medical advisory committees and medical
  review teams, as appropriate, to establish treatment guidelines and
  criteria by which individual cases of medical care provided to
  children in foster care will be identified for further, in-depth
  review;
               (7)  development of the training program described by
  Section 266.004(h);
               (8)  provision for the summary of medical care
  described by Section 266.007; and
               (9)  provision for the participation of the person
  authorized to consent to medical care for a child in foster care in
  each appointment of the child with the provider of medical care.
         (b)  The department [commission] shall collaborate with
  health and human services agencies, community partners, the health
  care community, and federal health and social services programs to
  maximize services and benefits available under this section.
         (c)  The [executive] commissioner shall adopt rules
  necessary to implement this chapter.
         (d)  The commission is responsible for administering
  contracts with managed care providers for the provision of medical
  care to children in foster care.
         SECTION 16.  Sections 266.006(a), (b), and (e), Family Code,
  are amended to read as follows:
         (a)  The commission, in conjunction with the department, and
  with the assistance of physicians and other health care providers
  experienced in the care of foster children and children with
  disabilities and with the use of electronic health records, shall
  develop and provide a health passport for each foster child. The
  passport must be maintained in an electronic format and use [the
  commission's and] the department's existing computer resources to
  the greatest extent possible.
         (b)  The executive commissioner, in collaboration with the
  commissioner, shall adopt rules specifying the information
  required to be included in the passport. The required information
  may include:
               (1)  the name and address of each of the child's
  physicians and health care providers;
               (2)  a record of each visit to a physician or other
  health care provider, including routine checkups conducted in
  accordance with the Texas Health Steps program;
               (3)  an immunization record that may be exchanged with
  ImmTrac;
               (4)  a list of the child's known health problems and
  allergies;
               (5)  information on all medications prescribed to the
  child in adequate detail to permit refill of prescriptions,
  including the disease or condition that the medication treats; and
               (6)  any other available health history that physicians
  and other health care providers who provide care for the child
  determine is important.
         (e)  The commission in collaboration with the department 
  shall provide training or instructional materials to foster
  parents, physicians, and other health care providers regarding use
  of the health passport.
         SECTION 17.  Sections 266.008(a) and (d), Family Code, are
  amended to read as follows:
         (a)  The department [commission] shall develop an education
  passport for each foster child. The department [commission, in
  conjunction with the department,] shall determine the format of the
  passport. The passport may be maintained in an electronic format.
  The passport must contain educational records of the child,
  including the names and addresses of educational providers, the
  child's grade-level performance, and any other educational
  information the department [commission] determines is important.
         (d)  The department [and the commission] shall collaborate
  with the Texas Education Agency to develop policies and procedures
  to ensure that the needs of foster children are met in every school
  district.
         SECTION 18.  Section 531.001(4), Government Code, is amended
  to read as follows:
               (4)  "Health and human services agencies" includes the:
                     (A)  Department of Aging and Disability Services;
                     (B)  Department of State Health Services; and
                     (C)  Department of Assistive and Rehabilitative
  Services[; and
                     [(D)     Department of Family and Protective
  Services].
         SECTION 19.  (a) Section 531.02013, Government Code, is
  amended to read as follows:
         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
                     (D)  investigations of alleged abuse or neglect
  occurring at a child-care facility, including a residential
  child-care facility, as those terms are defined by Section 42.002,
  Human Resources Code; 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.
         (b)  Notwithstanding any provision of Subchapter A-1,
  Chapter 531, Government Code, or any other law, the responsibility
  for conducting investigations of reports of abuse or neglect
  occurring at a child-care facility, including a residential
  child-care facility, as those terms are defined by Section 42.002,
  Human Resources Code, may not be transferred to the Health and Human
  Services Commission and remains the responsibility of the
  Department of Family and Protective Services.
         (c)  As soon as possible after the effective date of this
  section, the commissioner of the Department of Family and
  Protective Services shall transfer the responsibility for
  conducting investigations of reports of abuse or neglect occurring
  at a child-care facility, including a residential child-care
  facility, as those terms are defined by Section 42.002, Human
  Resources Code, to the child protective services division of the
  department. The commissioner shall transfer appropriate
  investigators and staff as necessary to implement this section.
         (d)  This section takes effect immediately if this Act
  receives a vote of two-thirds of all the members of each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for this section to take
  immediate effect, this section takes effect on the 91st day after
  the last day of the legislative session.
         SECTION 20.  Section 531.0202(a), Government Code, is
  amended to read as follows:
         (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
               (6) [(7)]  the Texas Council on Autism and Pervasive
  Developmental Disorders.
         SECTION 21.  Section 531.0206(a), Government Code, is
  amended to read as follows:
         (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 a state agency
  [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.
         SECTION 22.  Sections 40.0026 and 40.0027, Human Resources
  Code, as effective on September 1, 2017, are amended to read as
  follows:
         Sec. 40.0026.  REFERENCES IN LAW MEANING DEPARTMENT. In
  this code or any other law, a reference to the department or the
  commission in relation to a function described by Section
  40.0025(b) or an administrative support function for the department
  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 or the executive commissioner in relation to a
  function described by Section 40.0025(b) or an administrative
  support function for the department 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 23.  Subchapter B, Chapter 40, Human Resources Code,
  is amended by adding Sections 40.021, 40.022, 40.023, 40.024,
  40.025, and 40.026 to read as follows:
         Sec. 40.021.  FAMILY AND PROTECTIVE SERVICES COUNCIL. (a)
  The Family and Protective Services Council is created to assist the
  commissioner in developing rules and policies for the department.
         (b)  The council is composed of nine members of the public
  appointed by the governor with the advice and consent of the senate.
  To be eligible for appointment to the council, a person must have
  demonstrated an interest in and knowledge of problems and available
  services related to the functions of the department.
         (c)  The council shall study and make recommendations to the
  commissioner regarding the management and operation of the
  department, including policies and rules governing the delivery of
  services to persons who are served by the department and the rights
  and duties of persons who are served or regulated by the department.
         (d)  Chapter 551, Government Code, applies to the council.
         (e)  Chapter 2110, Government Code, does not apply to the
  council.
         (f)  A majority of the members of the council constitute a
  quorum for the transaction of business.
         (g)  One of the members of the council under Subsection (b)
  must be a person who was a child in the foster care system. If after
  conducting a search, the governor determines that no person
  qualified under this subsection is available, the governor may
  appoint another person qualified under Subsection (b).
         Sec. 40.022.  APPOINTMENTS. (a)  Appointments to the
  council shall be made without regard to the race, color,
  disability, sex, religion, age, or national origin of the
  appointees.
         (b)  Appointments to the council shall be made so that each
  geographic area of the state is represented on the council.
  Notwithstanding Subsection (a), appointments to the council must
  reflect the ethnic diversity of this state.
         Sec. 40.023.  TRAINING PROGRAM FOR COUNCIL MEMBERS. (a)  A
  person who is appointed as a member of the council may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the council until the person completes a training program that
  complies with this section.
         (b)  The training program must provide information to the
  member regarding:
               (1)  the legislation that created the department and
  the council;
               (2)  the programs operated by the department;
               (3)  the role and functions of the department and the
  council, including detailed information regarding the advisory
  responsibilities of the council;
               (4)  the rules of the department, with an emphasis on
  rules that relate to disciplinary and investigatory authority;
               (5)  the current budget for the department;
               (6)  the results of the most recent formal audit of the
  department;
               (7)  the requirements of the:
                     (A)  open meetings law, Chapter 551, Government
  Code;
                     (B)  public information law, Chapter 552,
  Government Code; and
                     (C)  administrative procedure law, Chapter 2001,
  Government Code;
               (8)  the requirements of the conflict-of-interest laws
  and other laws relating to public officials; and
               (9)  any applicable ethics policies adopted by the
  commissioner or the Texas Ethics Commission.
         Sec. 40.024.  TERMS; VACANCY.  (a)  Members of the council
  serve for staggered six-year terms, with the terms of three members
  expiring February 1 of each odd-numbered year.
         (b)  A member of the council may not serve more than two
  consecutive full terms as a council member.
         (c)  The governor by appointment shall fill the unexpired
  term of a vacancy on the council.
         Sec. 40.025.  REIMBURSEMENT FOR EXPENSES. A council member
  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.
         Sec. 40.026.  PRESIDING OFFICER; OTHER OFFICERS; MEETINGS.
  (a) The governor shall designate a member of the council as the
  presiding officer to serve in that capacity at the pleasure of the
  governor.
         (b)  The members of the council shall elect any other
  necessary officers.
         (c)  The council shall meet quarterly and at other times at
  the call of the presiding officer. The council may hold meetings in
  different areas of the state.
         SECTION 24.  Section 40.027, Human Resources Code, is
  amended to read as follows:
         Sec. 40.027.  COMMISSIONER. (a) The governor [executive
  commissioner] shall appoint a commissioner [in accordance with
  Section 531.0056, Government Code]. The commissioner is to be
  selected according to education, training, experience, and
  demonstrated ability.
         (b)  The commissioner serves at the pleasure of the governor
  [executive commissioner].
         (c)  The [Subject to the control of the executive
  commissioner, the] commissioner shall:
               (1)  act as the department's chief administrative
  officer;
               (2)  oversee [in accordance with the procedures
  prescribed by Section 531.00551, Government Code, assist the
  executive commissioner in] the development and implementation of
  policies and guidelines needed for the administration of the
  department's functions;
               (3)  oversee [in accordance with the procedures adopted
  by the executive commissioner under Section 531.00551, Government
  Code, assist the executive commissioner in] the development of
  rules relating to the matters within the department's jurisdiction,
  including the delivery of services to persons and the rights and
  duties of persons who are served or regulated by the department; and
               (4)  serve as a liaison between the department and
  commission.
         (d)  The commissioner shall administer this chapter and
  other laws relating to the department [under operational policies
  established by the executive commissioner and in accordance with
  the memorandum of understanding under Section 531.0055(k),
  Government Code, between the commissioner and the executive
  commissioner, as adopted by rule].
         (e)  Notwithstanding any other law, the commissioner shall
  adopt rules and policies for the operation of and the provision of
  services by the department.
         SECTION 25.  Section 40.030, Human Resources Code, is
  amended to read as follows:
         Sec. 40.030.  ADVISORY COMMITTEES. (a) The [executive]
  commissioner or the [executive] commissioner's designee may
  appoint advisory committees in accordance with Chapter 2110,
  Government Code.
         (b)  The [executive] commissioner shall adopt rules, in
  compliance with Chapter 2110, Government Code, regarding the
  purpose, structure, and use of advisory committees by the
  department. The rules may include provisions governing:
               (1)  an advisory committee's size and quorum
  requirements;
               (2)  qualifications for membership of an advisory
  committee, including:
                     (A)  requirements relating to experience and
  geographic representation; and
                     (B)  requirements for the department to include as
  members of advisory committees youth who have aged out of foster
  care and parents who have successfully completed family service
  plans and whose children were returned to the parents, as
  applicable;
               (3)  appointment procedures for an advisory committee;
               (4)  terms for advisory committee members; and
               (5)  compliance with Chapter 551, Government Code.
         SECTION 26.  Section 40.0505, Human Resources Code, is
  amended to read as follows:
         Sec. 40.0505.  DIVISIONS OF DEPARTMENT [POWERS AND DUTIES OF
  COMMISSIONER; EFFECT OF CONFLICT WITH OTHER LAW]. (a) The
  commissioner shall establish the following divisions and offices
  within the department:
               (1)  an investigations division;
               (2)  a contracting division that oversees the
  following:
                     (A)  quality assurance;
                     (B)  vendor oversight;
                     (C)  contract adherence;
                     (D)  contracting; and
                     (E)  oversight of single source continuum
  contractors providing foster care services;
               (3)  an office of consumer affairs;
               (4)  a consolidated data division; and
               (5)  a legal division that oversees the following:
                     (A)  human resources, as necessary to manage the
  department's workforce and establish the department's hiring and
  termination policies;
                     (B)  open records;
                     (C)  privacy and confidentiality;
                     (D)  litigation; and
                     (E)  contract compliance.
         (b)  The commissioner may establish additional divisions
  within the department as the commissioner determines appropriate.
         (c)  The commissioner may assign department functions among
  the department's divisions. [To the extent a power or duty given to
  the commissioner by this chapter or another law conflicts with
  Section 531.0055, Government Code, Section 531.0055 controls.]
         SECTION 27.  Section 40.058, Human Resources Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  The department and the commission shall enter into
  contracts for the provision of shared administrative services,
  including payroll, procurement, information resources, rate
  setting, and, subject to the approval of the governor, regional
  administrative services.
         SECTION 28.  Subchapter A, Chapter 48, Human Resources Code,
  is amended by adding Section 48.0021 to read as follows:
         Sec. 48.0021.  REFERENCE TO COMMISSION OR EXECUTIVE
  COMMISSIONER. In this chapter:
               (1)  a reference to the Health and Human Services
  Commission means the Department of Family and Protective Services;
  and
               (2)  a reference to the executive commissioner means
  the commissioner of the Department of Family and Protective
  Services.
         SECTION 29.  The following provisions are repealed:
               (1)  Sections 261.001(7) and 264.001(2) and (3), Family
  Code; and
               (2)  Sections 40.0506 and 40.0507, Human Resources
  Code.
         SECTION 30.  As soon as possible after the effective date of
  this Act, the executive commissioner of the Health and Human
  Services Commission shall transfer the appropriate divisions,
  resources, and personnel to the Department of Family and Protective
  Services to allow the department to perform the general functions
  of the department under Subchapter C, Chapter 40, Human Resources
  Code, as amended by this Act.
         SECTION 31.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2017.
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