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

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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.

Sponsorship: Moderate Partisan Bill (Republican 39-7)

Status: (Passed) 2017-05-31 - See remarks for effective date [HB5 Detail]

Download: Texas-2017-HB5-Enrolled.html

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H.B. No. 5

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. (a) Section 107.154(b), Family Code, is amended
to read as follows:
(b) To be qualified to conduct an adoption evaluation under
this subchapter, a person must:
(1) have a degree from an accredited college or
university in a human services field of study and a license to
practice in this state as a social worker, professional counselor,
marriage and family therapist, or psychologist and:
(A) have one year of full-time experience working
at a child-placing agency conducting child-placing activities; or
(B) be practicing under the direct supervision of
a person qualified under this section to conduct adoption
evaluations;
(2) be employed by or under contract with a domestic
relations office, provided that the person conducts adoption
evaluations relating only to families ordered to participate in
adoption evaluations conducted by the domestic relations office; or
(3) be qualified as a child custody evaluator under
Section 107.104.
(b) Section 107.154(b), Family Code, as amended by this
section, applies only to an adoption evaluation conducted on or
after the effective date of this Act. An adoption evaluation
conducted before the effective date of this Act is governed by the
law in effect on the date the evaluation was conducted, and the
former law is continued in effect for that purpose.
SECTION 5. 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 6. 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 7. Subchapter A, Chapter 162, Family Code, is
amended by adding Section 162.0086 to read as follows:
Sec. 162.0086. INFORMATION REGARDING SIBLING ACCESS. (a)
The Department of Family and Protective Services shall provide
information to each person seeking to adopt a child placed for
adoption by the department regarding the right of a child's sibling
to file a suit for access to the child under Sections 102.0045 and
153.551.
(b) The department may provide the information required
under Subsection (a) on any form or application provided to
prospective adoptive parents.
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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 13. Chapter 264, Family Code, is amended by adding
Subchapter B-1 to read as follows:
SUBCHAPTER B-1. COMMUNITY-BASED CARE
Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
CONTRACTOR AND RELATED PERSONNEL. (a) A nonprofit entity that
contracts with the department to provide services as a single
source continuum contractor under this subchapter is considered to
be a charitable organization for the purposes of Chapter 84, Civil
Practice and Remedies Code, with respect to the provision of those
services, and that chapter applies to the entity and any person who
is an employee or volunteer of the entity.
(b) The limitations on liability provided by this section
apply:
(1) only to an act or omission by the entity or person,
as applicable, that occurs while the entity or person is acting
within the course and scope of the entity's contract with the
department and the person's duties for the entity; and
(2) only if insurance coverage in the minimum amounts
required by Chapter 84, Civil Practice and Remedies Code, is in
force and effect at the time a cause of action for personal injury,
death, or property damage accrues.
SECTION 14. 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 15. 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 16. 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 17. 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 18. 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. The department shall collaborate
with the commission to ensure that medical care services provided
by managed care providers match the needs of children in foster
care.
SECTION 19. 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 20. 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 21. Chapter 266, Family Code, is amended by adding
Section 266.013 to read as follows:
Sec. 266.013. CONTINUITY OF SERVICES PROVIDED BY
COMMISSION. (a) In addition to the requirements of Section
266.003(d), the commission shall continue to provide any services
to children in the conservatorship of the department that the
commission provided to those children before September 1, 2017.
(b) Subsection (a) does not apply to any services provided
by the commission in relation to a child's education passport
created under Section 266.008.
SECTION 22. 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 23. Section 531.00553(b), Government Code, as added
by Chapter 837 (S.B. 200), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(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 and the Department of Family and Protective
Services, as applicable. The performance of administrative
support services for the health and human services system is the
responsibility of the commission.
SECTION 24. (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, neglect, or
exploitation 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, neglect, or
exploitation 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, neglect, or
exploitation 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 25. 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 26. 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 27. Section 531.102(a), Government Code, is amended
to read as follows:
(a) The commission's office of inspector general is
responsible for the prevention, detection, audit, inspection,
review, and investigation of fraud, waste, and abuse in the
provision and delivery of all health and human services in the
state, including services through any state-administered health or
human services program that is wholly or partly federally funded or
services provided by the Department of Family and Protective
Services, and the enforcement of state law relating to the
provision of those services. The commission may obtain any
information or technology necessary to enable the office to meet
its responsibilities under this subchapter or other law.
SECTION 28. Sections 40.0026 and 40.0027, Human Resources
Code, as effective 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) 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) 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 29. 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. In making appointments to the council,
the governor shall consider persons who have a demonstrated
knowledge of the department and the health and human services
system in general, including former department employees,
court-appointed special advocates, foster care providers, and
employees of child advocacy centers.
(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, the rights and
duties of persons who are served or regulated by the department, and
the consolidation of the provision of administrative support
services as provided by Section 531.00553, Government Code. The
council may not develop policies or rules relating to
administrative support services provided by the commission for 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.
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 role of the commission and the
responsibilities of the commission in relation to the department;
(5) the rules of the department, with an emphasis on
rules that relate to disciplinary and investigatory authority;
(6) the current budget for the department;
(7) the results of the most recent formal audit of the
department;
(8) 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;
(9) the requirements of the conflict-of-interest laws
and other laws relating to public officials; and
(10) 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) A vacancy on the council shall be filled in the same
manner as the original appointment.
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 30. Section 40.027, Human Resources Code, is
amended to read as follows:
Sec. 40.027. COMMISSIONER. (a) The governor, with the
advice and consent of the senate, [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 a term of two years [at the
pleasure of the 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 31. 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 32. 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 consolidated data division;
(3) a legal division that oversees the following:
(A) legal matters relating to 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;
(4) an operations division that oversees department
operations and human resources functions of the department; and
(5) a financial management and accounting services
division.
(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 33. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.0512 to read as follows:
Sec. 40.0512. CONTINUITY OF SERVICES; INFORMATION SHARING.
The department shall make a good faith effort to share relevant and
appropriate information with health and human services agencies
regarding persons receiving services from the department to ensure
continuity of care and the best possible coordination of
state-funded resources among health and human services agencies.
SECTION 34. Section 40.058, Human Resources Code, is
amended by adding Subsections (i) and (j) 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, purchasing, and contracting.
(j) The department shall collaborate with the commission to
ensure the efficient provision of administrative support services
by the commission.
SECTION 35. 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 36. 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 37. 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 Chapter 40, Human Resources Code, as
amended by this Act, including any staff and associated resources
previously transferred to the commission pursuant to the
requirements of Chapter 837 (S.B. 200), Acts of the 84th
Legislature, Regular Session, 2015.
SECTION 38. Except as otherwise provided by this Act, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5 was passed by the House on March 2,
2017, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 5 on May 25, 2017, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 5 on May 28, 2017, by the following vote: Yeas 145,
Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
5 on May 28, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor