Bill Text: TX HB5 | 2017-2018 | 85th Legislature | Enrolled
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 39-7)
Status: (Passed) 2017-05-31 - See remarks for effective date [HB5 Detail]
Download: Texas-2017-HB5-Enrolled.html
H.B. No. 5 |
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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) [ |
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(F) [ |
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(G) [ |
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education program; | ||
(H) [ |
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(I) [ |
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retardation authority; | ||
(J) [ |
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juveniles; | ||
(K) [ |
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(L) [ |
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(M) [ |
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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; [ |
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(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 [ |
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commissioner of the department [ |
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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 [ |
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the department [ |
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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 [ |
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the department [ |
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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 [ |
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[ |
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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 [ |
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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 [ |
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commissioner of the department [ |
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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 | ||
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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 [ |
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department [ |
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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 | ||
[ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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passport for each foster child. The department [ |
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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 [ |
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(d) The department [ |
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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[ |
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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; [ |
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(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) [ |
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(6) [ |
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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 [ |
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(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. [ |
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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. | ||
[ |
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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, [ |
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appoint a commissioner [ |
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education, training, experience, and demonstrated ability. | ||
(b) The commissioner serves a term of two years [ |
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(c) The [ |
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(1) act as the department's chief administrative | ||
officer; | ||
(2) oversee [ |
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policies and guidelines needed for the administration of the | ||
department's functions; | ||
(3) oversee [ |
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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 [ |
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(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 [ |
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commissioner or the [ |
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appoint advisory committees in accordance with Chapter 2110, | ||
Government Code. | ||
(b) The [ |
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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 [ |
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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. [ |
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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 |