By: Raymond, Burkett, Price	H.B. No. 2463
	(Senate Sponsor - Campbell)
	(In the Senate - Received from the House April 13, 2015;
	April 21, 2015, read first time and referred to Committee on Health
	and Human Services; May 18, 2015, reported adversely, with
	favorable Committee Substitute by the following vote:  Yeas 9, Nays
	0; May 18, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 2463	By:  Campbell

	COMMITTEE VOTE
	YeaNayAbsentPNV
	SchwertnerX
	KolkhorstX
	CampbellX
	EstesX
	PerryX
	RodríguezX
	TaylorofCollinX
	UrestiX
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	A BILL TO BE ENTITLED
	AN ACT
	relating to the continuation of the functions of the Department of
	Assistive and Rehabilitative Services and certain other functions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 117.001, Human Resources Code, is
	amended by amending Subdivision (1) and adding Subdivisions (1-a),
	(1-b), (4-a), and (4-b) to read as follows:
	(1)  "Caseworker" means a department employee who
	manages a client's case under a direct services program and
	provides direct services to the client under the program.
	(1-a)  "Center for independent living" has the meaning
	assigned by Section 702 of the federal Rehabilitation Act of 1973
	(29 U.S.C. Section 796a).
	(1-b)  "Commission" means the Health and Human Services
	Commission.
	(4-a)  "Direct services" means services provided to a
	client by a department employee, including counseling,
	facilitating the purchase of services from a source other than the
	department, and purchasing equipment and other items and providing
	other services necessary for the client to successfully complete a
	department program.
	(4-b)  "Direct services program" means a program
	operated by the department through which direct services are
	provided.
	SECTION 2.  Subchapter D, Chapter 117, Human Resources Code,
	is amended by adding Sections 117.079, 117.080, 117.081, and
	117.082 to read as follows:
	Sec. 117.079.  INTEGRATION OF INDEPENDENT LIVING SERVICES
	PROGRAMS. (a) Not later than September 1, 2016, the department
	shall integrate into a single independent living services program
	the following programs that the department operates under Title VII
	of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et
	seq.):
	(1)  the Independent Living Program for individuals who
	are blind or have visual impairments; and
	(2)  the Independent Living Services Program for
	individuals with significant disabilities.
	(b)  The executive commissioner shall adopt any rules
	necessary to facilitate the integration of the programs identified
	in Subsection (a), including rules that direct the department, as
	the single designated state entity responsible for administering
	the state's independent living services program, to comply with the
	requirements of 29 U.S.C. Section 796c for the integrated program.
	(c)  This section expires September 1, 2017.
	Sec. 117.080.  PROVISION OF INDEPENDENT LIVING SERVICES.
	(a) The department shall ensure that all services provided under
	the independent living services program that the department
	operates under Title VII of the federal Rehabilitation Act of 1973
	(29 U.S.C. Section 796 et seq.) are directly provided by centers for
	independent living, except as provided by Subsection (b), and are
	not directly provided by the department.
	(b)  If an area of the state does not have a center for
	independent living, or no center for independent living in that
	area is able to provide certain necessary services under the
	independent living services program, the department shall seek to
	identify a center for independent living that is willing and able to
	contract with a nonprofit organization or other person to provide
	the independent living services in the area under the program. If
	no center for independent living is willing and able to contract
	with another organization or other person, the department may
	directly contract with an organization or other person who is not a
	center for independent living to provide the independent living
	services in the area under the program.
	(c)  The department shall evaluate the independent living
	services provided by a center for independent living and shall
	provide necessary training or technical assistance to help the
	center for independent living expand its capacity to provide a full
	range of independent living services.
	(d)  The department shall monitor the performance of each
	center for independent living in providing independent living
	services, including how the center for independent living monitors
	the performance of the organizations and other persons with whom it
	contracts to provide independent living services.
	(e)  The executive commissioner shall adopt rules to
	implement this section that include:
	(1)  an equitable and transparent methodology for
	allocating funds to centers for independent living under the
	independent living services program;
	(2)  requirements applicable to the department in
	contracting with centers for independent living to provide
	independent living services under the program;
	(3)  requirements applicable to centers for
	independent living in contracting with organizations and other
	persons to provide independent living services under the program;
	(4)  requirements applicable to the department in
	contracting with organizations or other persons who are not centers
	for independent living to provide independent living services under
	the program;
	(5)  a process for the department to monitor
	independent living services contracts;
	(6)  guidelines on the department's role in providing
	technical assistance and training to centers for independent living
	as necessary; and
	(7)  expectations for department employees to refer
	persons who contact the department seeking independent living
	services to centers for independent living.
	(f)  Notwithstanding the requirements of this section, the
	department shall ensure that services provided under the
	independent living services program are provided as required by
	this section not later than August 31, 2016.  This subsection
	expires September 1, 2017.
	Sec. 117.081.  COMPREHENSIVE REHABILITATION SERVICES
	PROGRAM. The department shall operate a comprehensive
	rehabilitation services program to provide comprehensive
	rehabilitation services to persons with traumatic brain or spinal
	cord injuries. The executive commissioner shall adopt rules for
	the program that include:
	(1)  a system of organization for the delivery of the
	comprehensive rehabilitation services;
	(2)  eligibility requirements for the comprehensive
	rehabilitation services;
	(3)  the types of services that may be provided to a
	client under the program; and
	(4)  requirements for client participation in the costs
	of the comprehensive rehabilitation services.
	Sec. 117.082.  CHILDREN'S AUTISM PROGRAM. The department
	shall operate a children's autism program to provide services to
	children with autism spectrum disorders. The executive
	commissioner shall adopt rules for the program that include:
	(1)  a system of organization for the delivery of the
	autism services;
	(2)  eligibility requirements for the autism services;
	(3)  the types of services that may be provided to a
	client under the program; and
	(4)  requirements for participation by the client's
	family in the costs of the autism services.
	SECTION 3.  Chapter 117, Human Resources Code, is amended by
	adding Subchapter D-1 to read as follows:
	SUBCHAPTER D-1.  ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN
	GENERAL
	Sec. 117.091.  DIRECT SERVICES PROGRAM CASEWORKER
	GUIDELINES. (a) The department shall use program data and best
	practices to establish and maintain guidelines that provide
	direction for caseworkers' decisions in all of the department's
	direct services programs. The guidelines:
	(1)  must categorize direct services program cases
	based on the types of services provided and, for each category,
	include provisions addressing:
	(A)  the recommended length of time a case in that
	category should last; and
	(B)  the recommended total expenditures for a case
	in that category;
	(2)  must include provisions for creating intermediate
	goals for a client receiving services through a direct services
	program that will allow:
	(A)  the caseworker to monitor the client's
	progress; and
	(B)  the caseworker's supervisor to evaluate how
	the client's case is advancing;
	(3)  must include criteria for caseworkers to use in
	evaluating progress on the intermediate goals described in
	Subdivision (2); and
	(4)  may include other provisions designed to assist
	caseworkers and their supervisors to achieve successful outcomes
	for clients.
	(b)  A caseworker may exceed the recommended guidelines
	described in Subsection (a)(1) in a direct services program case
	but must obtain the approval of the caseworker's supervisor after
	documenting the need to exceed the guidelines.
	(c)  The guidelines established under this section are not
	intended to limit the provision of appropriate or necessary
	services to a client.
	(d)  The department shall provide the guidelines established
	under this section to caseworkers in a format that allows
	caseworkers to easily access the information.
	Sec. 117.092.  DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM.
	(a) The department shall establish and maintain a single, uniform
	case review system for all direct services programs.
	(b)  The case review system must:
	(1)  include risk assessment tools that account for the
	different risks involved in each direct services program;
	(2)  require that case reviews:
	(A)  be used to consistently evaluate each direct
	services program across all regions, with the goal of evaluating at
	least 10 percent of all cases in each program and region annually;
	(B)  focus on areas of highest risk and prioritize
	the review of the following cases:
	(i)  except as provided by Subparagraph
	(ii), cases in which direct services have been provided for more
	than two years;
	(ii)  cases in the Blind Children's
	Vocational Discovery and Development Program in which direct
	services have been provided for more than five years; and
	(iii)  cases that are significantly outside
	the expenditure guidelines for that type of case;
	(C)  be used to evaluate a caseworker's
	eligibility determinations and decisions to close a case before a
	service plan is developed or without the client reaching the
	client's goal; and
	(D)  focus on the quality of a caseworker's
	decision-making and compliance with program requirements; and
	(3)  require a caseworker's supervisor to use the
	reviews of a caseworker's cases in conducting the caseworker's
	performance evaluation and in providing informal guidance to the
	caseworker to improve the caseworker's performance.
	Sec. 117.093.  DIRECT SERVICES PROGRAM MONITORING. (a)
	Department personnel not employed to perform functions directly
	under a direct services program must be designated to monitor those
	programs from a statewide perspective. The designated personnel
	shall collect, monitor, and analyze data relating to direct
	services programs and report outcomes and trends to program
	managers and, as necessary, the commissioner or other appropriate
	executive management.
	(b)  The monitoring function under Subsection (a) must
	include monitoring of:
	(1)  performance data from all regions and all direct
	services programs to identify trends; and
	(2)  case review data to ensure compliance with the
	case review system under Section 117.092.
	(c)  Personnel designated to perform the monitoring function
	required by this section shall work with direct services program
	staff to develop objective and detailed outcome measures for the
	programs.
	(d)  The department may conduct internal peer reviews of the
	department's field offices at regular intervals to assess the field
	offices' compliance with federal regulations and department
	policies and to compare each field office's compliance with the
	compliance of the other field offices. The department may use
	personnel designated to perform the monitoring function required by
	this section to facilitate the internal peer reviews.
	SECTION 4.  (a)  Subchapter A, Chapter 117, Human Resources
	Code, is amended by adding Sections 117.004 and 117.005 to read as
	follows:
	Sec. 117.004.  INAPPLICABILITY OF CERTAIN LAW.
	Notwithstanding Section 117.003, Section 325.017, Government Code,
	does not apply to the department.
	Sec. 117.005.  MEANING OF CERTAIN REFERENCES IN LAW. (a) A
	reference in this chapter or in any other law to the department in
	relation to a function transferred to the commission under Section
	117.012 means the commission or the division of the commission
	performing the function after its transfer.
	(b)  In this chapter or in any other law and notwithstanding
	any other law, a reference to any of the following state agencies or
	entities or to the chief executive officer or governing body of any
	of the following state agencies or entities in relation to a
	function transferred to the commission under Section 117.012 from
	the department that the department assumed in accordance with
	Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular
	Session, 2003, means the executive commissioner, the commission, or
	the division of the commission performing the function after its
	transfer to the commission:
	(1)  the Texas Rehabilitation Commission;
	(2)  the Interagency Council on Early Childhood
	Intervention;
	(3)  the Texas Commission for the Blind; and
	(4)  the Texas Commission for the Deaf and Hard of
	Hearing.
	(c)  A reference in this chapter or in any other law to the
	commissioner in relation to a function transferred to the
	commission under Section 117.012 means the executive commissioner,
	the executive commissioner's designee, or the director of the
	division of the commission performing the function after its
	transfer.
	(d)  A reference in this chapter or in any other law to the
	council in relation to a function after its transfer to the
	commission under Section 117.012 means the executive commissioner
	or the executive commissioner's designee, as appropriate, and a
	function previously performed by the council is a function of that
	appropriate person.
	(b)  Chapter 117, Human Resources Code, is amended by adding
	Subchapter A-1 to read as follows:
	SUBCHAPTER A-1. TRANSFER OF ASSISTIVE AND REHABILITATIVE SERVICES
	TO COMMISSION
	Sec. 117.011.  DEFINITIONS. In this subchapter:
	(1)  "Administrative support services" has the meaning
	assigned by Section 531.0055(d), Government Code.
	(2)  "Function" includes a power, duty, program, or
	activity of a state agency or entity.
	Sec. 117.012.  TRANSFER OF ASSISTIVE AND REHABILITATIVE
	SERVICES TO COMMISSION. (a) Not later than September 1, 2016, and
	subject to Subsection (b), all functions of the department and
	council, including administrative support services functions, are
	transferred to the commission as provided by this subchapter.
	(b)  If S.B. 208, H.B. 3294, or similar legislation of the
	84th Legislature, Regular Session, 2015, is enacted and becomes law
	and provides for the transfer of certain department functions to an
	entity other than the commission, the functions transfer as
	provided by that legislation and are not subject to transfer under
	Subsection (a).
	Sec. 117.013.  EFFECT OF TRANSFERS. (a)  All of the
	following that relate to a function that is transferred to the
	commission under Section 117.012 are transferred to the commission
	on the date the related function is transferred to the commission:
	(1)  all obligations and contracts, including
	obligations and contracts related to a grant program;
	(2)  all property and records in the custody of the
	department or council from which the function is transferred;
	(3)  all funds appropriated by the legislature and
	other money;
	(4)  all complaints, investigations, or contested
	cases that are pending before the department or the commissioner,
	without change in status; and
	(5)  all necessary personnel, as determined by the
	executive commissioner.
	(b)  A rule, policy, or form adopted by or on behalf of the
	department or council that relates to a function that is
	transferred to the commission under Section 117.012 becomes a rule,
	policy, or form of the commission on transfer of the related
	function and remains in effect:
	(1)  until altered by the executive commissioner or
	commission, as appropriate; or
	(2)  unless it conflicts with a rule, policy, or form of
	the commission.
	(c)  A license, permit, or certification in effect that was
	issued by the department that relates to a function that is
	transferred to the commission under Section 117.012 is continued in
	effect as a license, permit, or certification of the commission on
	transfer of the related function until the license, permit, or
	certification expires, is suspended or revoked, or otherwise
	becomes invalid.
	Sec. 117.014.  APPLICABILITY OF FORMER LAW. An action
	brought or proceeding commenced before the date of a transfer
	prescribed by this subchapter, including a contested case or a
	remand of an action or proceeding by a reviewing court, is governed
	by the laws and rules applicable to the action or proceeding before
	the transfer.
	Sec. 117.015.  AUTHORITY OF DEPARTMENT. The powers and
	authority of the department with respect to a function are not
	reduced or otherwise limited until the date the function is
	transferred in accordance with this subchapter or other law,
	notwithstanding Section 117.003 or any other law.
	Sec. 117.016.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2019.
	(c)  Section 117.003, Human Resources Code, is amended to
	read as follows:
	Sec. 117.003.  SUNSET PROVISION. The Department of
	Assistive and Rehabilitative Services is subject to Chapter 325,
	Government Code (Texas Sunset Act). Unless continued in existence
	as provided by that chapter, the department is abolished [and this
	chapter expires] September 1, 2015.
	(d)  As soon as appropriate under Subchapter A-1, Chapter
	117, Human Resources Code, as added by this section, and in a manner
	that minimizes disruption of services, the Health and Human
	Services Commission shall take appropriate action to be designated
	as the state agency responsible under federal law for any state or
	federal program that is transferred to the commission in accordance
	with that subchapter and for which federal law requires the
	designation of a responsible state agency.
	(e)  Effective September 1, 2016, the following provisions
	of the Human Resources Code, including provisions amended by S.B.
	No. 219, Acts of the 84th Legislature, Regular Session, 2015, are
	repealed:
	(1)  Section 117.002;
	(2)  Section 117.021;
	(3)  Section 117.022;
	(4)  Section 117.023;
	(5)  Section 117.024;
	(6)  Section 117.025;
	(7)  Section 117.026;
	(8)  Section 117.027;
	(9)  Section 117.028;
	(10)  Section 117.029;
	(11)  Section 117.030;
	(12)  Section 117.032;
	(13)  Section 117.051;
	(14)  Section 117.052;
	(15)  Section 117.053;
	(16)  Section 117.054;
	(17)  Section 117.055;
	(18)  Section 117.056;
	(19)  Section 117.0711;
	(20)  Section 117.0712; and
	(21)  Section 117.072.
	(f)  Notwithstanding Subsection (e) of this section, the
	implementation of a provision repealed by that subsection ceases on
	the date all functions of the Department of Assistive and
	Rehabilitative Services or the Assistive and Rehabilitative
	Services Council are transferred to the Health and Human Services
	Commission as provided by Subchapter A-1, Chapter 117, Human
	Resources Code, as added by this section, or to another entity, to
	the extent the department or council is responsible for the
	provision's implementation.
	(g)  This section takes effect only if the Department of
	Assistive and Rehabilitative Services is not continued in existence
	by any legislation of the 84th Legislature, Regular Session, 2015.
	SECTION 5. (a) In this section:
	(1)  "Commission" means the Health and Human Services
	Commission.
	(2)  "Committee" means the Health and Human Services
	Transition Legislative Oversight Committee established under this
	section.
	(3)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(4)  "Function" includes a power, duty, program, or
	activity of a state agency or entity.
	(b)  The Health and Human Services Transition Legislative
	Oversight Committee is created to facilitate the transfer of
	functions to or from the commission as provided by this Act and
	other enacted legislation of the 84th Legislature, Regular Session,
	2015, that becomes law, requiring such a transfer, with minimal
	negative effect on the delivery of services to which those
	functions relate.
	(c)  The committee is composed of 11 voting members, as
	follows:
	(1)  four members of the senate, appointed by the
	lieutenant governor;
	(2)  four members of the house of representatives,
	appointed by the speaker of the house of representatives; and
	(3)  three members of the public, appointed by the
	governor.
	(d)  The executive commissioner serves as an ex officio,
	nonvoting member of the committee.
	(e)  A member of the committee serves at the pleasure of the
	appointing official.
	(f)  The lieutenant governor and the speaker of the house of
	representatives shall each designate a presiding co-chair from
	among their respective appointments.
	(g)  A member of the committee may not receive compensation
	for serving on the committee but is entitled to reimbursement for
	travel expenses incurred by the member while conducting the
	business of the committee as provided by the General Appropriations
	Act.
	(h)  The committee shall:
	(1)  facilitate the transfer of functions to the
	commission prescribed by Subchapter A-1, Chapter 117, Human
	Resources Code, as added by this Act, and any other transfers
	described by Subsection (b) of this section, with minimal negative
	effect on the delivery of services to which those functions relate;
	(2)  with assistance from the commission and the state
	agencies and entities from which functions are transferred under
	the laws described under Subdivision (1) of this subsection, advise
	the executive commissioner concerning:
	(A)  the functions to be transferred and the funds
	and obligations that are related to the functions;
	(B)  the transfer of the functions and related
	records, property, funds, and obligations by the state agencies and
	entities; and
	(C)  any required reorganization of the
	commission's administrative structure resulting from the
	transfers; and
	(3)  meet at the call of either chair at times
	determined appropriate by either chair.
	(i)  Chapter 551, Government Code, applies to the committee.
	(j)  The committee shall submit a report to the governor,
	lieutenant governor, speaker of the house of representatives, and
	legislature not later than December 1 of each even-numbered year.
	The report must include an update on the progress of and issues
	related to the purposes and duties of the committee.
	(k)  The committee is abolished September 1, 2019.
	(l)  The transfers of functions described by Subsection (b)
	of this section must be accomplished in accordance with a
	transition plan developed by the executive commissioner that
	ensures that the transfers and provision of health and human
	services in this state are accomplished in a careful and
	deliberative manner.  The transition plan must:
	(1)  include an outline of the proposed organization of
	the transferred functions in the commission's organizational
	structure; and
	(2)  include details regarding movement of functions
	and a timeline that specifies the dates on which transfers are to be
	made.
	(m)  In developing the transition plan, the executive
	commissioner shall, before submitting the plan to the committee,
	the governor, and the Legislative Budget Board as required by
	Subsection (n) of this section:
	(1)  hold public hearings in various geographic areas
	in this state regarding the plan; and
	(2)  solicit and consider input from appropriate
	stakeholders.
	(n)  The executive commissioner shall submit the transition
	plan to the committee, the governor, and the Legislative Budget
	Board not later than March 1, 2016.  The committee shall comment on
	and make recommendations to the executive commissioner regarding
	any concerns or adjustments to the transition plan the committee
	determines appropriate.  The executive commissioner may not
	finalize the transition plan until the executive commissioner has
	reviewed and considered the comments and recommendations of the
	committee regarding the transition plan.
	(o)  The executive commissioner shall publish in the Texas
	Register:
	(1)  the transition plan developed under this section;
	(2)  any adjustments to the transition plan recommended
	by the committee;
	(3)  a statement regarding whether the executive
	commissioner adopted or otherwise incorporated the recommended
	adjustments; and
	(4)  if the executive commissioner did not adopt a
	recommended adjustment, the justification for not adopting the
	adjustment.
	(p)  Not later than October 1, 2015:
	(1)  the lieutenant governor, the speaker of the house
	of representatives, and the governor shall make the appointments to
	the committee as required by Subsection (c) of this section; and
	(2)  the lieutenant governor and the speaker of the
	house of representatives shall each designate a presiding co-chair
	of the committee in accordance with Subsection (f) of this section.
	(q)  This section takes effect only if the Department of
	Assistive and Rehabilitative Services is not continued in existence
	by any legislation of the 84th Legislature, Regular Session, 2015.
	SECTION 6.  The following provisions of the Human Resources
	Code are repealed:
	(1)  Section 91.022, as amended by S.B. No. 219, Acts
	of the 84th Legislature, Regular Session, 2015; and
	(2)  Section 117.153, as redesignated and amended by
	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015.
	SECTION 7.  The executive commissioner of the Health and
	Human Services Commission shall adopt the rules required by Section
	117.080(e), Human Resources Code, as added by this Act, as soon as
	practicable after the effective date of this Act.
	SECTION 8.  If before implementing any provision of this Act
	a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 9.  Except as otherwise provided by this Act, this
	Act takes effect September 1, 2015.
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