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A BILL TO BE ENTITLED
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AN ACT
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relating to the efficiency of and consolidation of powers and |
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duties within the health and human services system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM |
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SECTION 1.01. (a) Chapter 531, Government Code, is amended |
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by adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM |
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Sec. 531.02001. CONSOLIDATION OF HEALTH AND HUMAN SERVICES |
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SYSTEM GENERALLY. In accordance with this subchapter, the |
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functions of the health and human services system described under |
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Sections 531.0201, 531.02011, and 531.02012 are consolidated |
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through a phased transfer of those functions under which: |
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(1) the initial transfers required under Section |
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531.0201 occur: |
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(A) on or after the date on which the executive |
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commissioner submits the transition plan to the required persons |
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under Section 531.0204(e); and |
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(B) not later than September 1, 2016; |
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(2) the final transfers required under Section |
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531.02011 occur: |
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(A) on or after September 1, 2016; and |
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(B) not later than September 1, 2017; and |
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(3) transfers of administrative support services |
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functions occur in accordance with Section 531.02012. |
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Sec. 531.02002. MEANING OF FUNCTION IN RELATION TO |
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TRANSFERS. For purposes of the transfers mandated by this |
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subchapter, "function" includes a power, duty, program, or activity |
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of a state agency or entity. |
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Sec. 531.0201. PHASE ONE: INITIAL TRANSFERS. (a) On the |
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dates specified in the transition plan required under Section |
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531.0204, the following functions are transferred to the commission |
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as provided by this subchapter: |
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(1) all functions, including any remaining |
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administrative support services functions, of each state agency and |
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entity subject to abolition under Section 531.0202(a); and |
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(2) except as provided by Section 531.02013, all |
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client services of the health and human services system, including |
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client services functions performed by the following: |
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(A) the state agency and entity subject to |
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abolition under Section 531.0202(b); |
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(B) the Department of Family and Protective |
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Services; and |
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(C) the Department of State Health Services. |
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(b) On the dates specified in the transition plan required |
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under Section 531.0204, all functions in the health and human |
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services system related to prevention and early intervention |
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services, including the Nurse-Family Partnership Competitive Grant |
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Program under Subchapter C, Chapter 265, Family Code, are |
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transferred to the Department of Family and Protective Services. |
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Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION. |
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On the dates specified in the transition plan required under |
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Section 531.0204, the following functions are transferred to the |
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commission as provided by this subchapter: |
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(1) all functions of each state agency and entity |
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subject to abolition under Section 531.0202(b) that remained with |
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the agency or entity after the initial transfer of functions under |
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Section 531.0201 or a transfer of administrative support services |
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functions under Section 531.02012; |
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(2) regulatory functions and functions related to |
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state-operated institutions of the Department of State Health |
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Services; and |
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(3) regulatory functions of the Department of Family |
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and Protective Services. |
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Sec. 531.02012. TRANSFER AND CONSOLIDATION OF |
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ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS. (a) In this section, |
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"administrative support services" has the meaning assigned under |
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Section 531.00553. |
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(b) As soon as practicable after the first day of the period |
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prescribed by Section 531.02001(1) and not later than the last day |
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of the period prescribed by Section 531.02001(2), in accordance |
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with and on the dates specified in the transition plan required |
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under Section 531.0204, the executive commissioner shall, after |
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consulting with affected state agencies and divisions, transfer and |
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consolidate within the commission administrative support services |
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functions of the health and human services system to the extent |
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consolidation of those support services functions is feasible and |
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contributes to the effective performance of the system. |
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Consolidation of an administrative support services function under |
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this section must be conducted in accordance with the principles |
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and requirements for organization of administrative support |
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services under Section 531.00553(c). |
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(c) Consultation with affected state agencies and divisions |
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under Subsection (b) must be conducted in a manner that ensures |
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client services are, at most, only minimally affected, and must |
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result in a memorandum of understanding or other agreement between |
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the commission and each affected agency or division that: |
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(1) details measurable performance goals that the |
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commission is expected to meet; |
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(2) identifies a means by which the agency or division |
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may seek permission from the executive commissioner to find an |
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alternative way to address the needs of the agency or division, as |
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appropriate; |
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(3) identifies steps to ensure that programs under the |
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health and human services system, whether large or small, receive |
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administrative support services that are adequate to meet the |
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program's needs; and |
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(4) if appropriate, specifies that staff responsible |
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for providing administrative support services consolidated within |
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the commission are located in the area where persons requiring |
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those services are located to ensure the staff understands related |
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program needs and can respond to those needs in a timely manner. |
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Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. |
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The following functions are not subject to transfer under Sections |
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531.0201 and 531.02011: |
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(1) the functions of the Department of Family and |
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Protective Services, including the statewide intake of reports and |
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other information, related to the following: |
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(A) child protective services, including |
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services that are required by federal law to be provided by this |
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state's child welfare agency; |
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(B) adult protective services, other than |
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investigations of the alleged abuse, neglect, or exploitation of an |
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elderly person or person with a disability: |
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(i) in a facility operated, or in a facility |
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or by a person licensed, certified, or registered, by a state |
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agency; or |
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(ii) by a provider that has contracted to |
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provide home and community-based services; and |
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(C) prevention and early intervention services; |
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and |
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(2) the public health functions of the Department of |
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State Health Services, including health care data collection and |
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maintenance of the Texas Health Care Information Collection |
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program. |
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Sec. 531.02014. RELATED TRANSFERS; EFFECT OF |
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CONSOLIDATION. (a) All of the following that relate to a function |
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that is transferred under Section 531.0201, 531.02011, or 531.02012 |
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are transferred to the commission or the Department of Family and |
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Protective Services, as applicable, on the date the related |
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function is transferred as specified in the transition plan |
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required under Section 531.0204: |
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(1) all obligations and contracts, including |
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obligations and contracts related to a grant program; |
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(2) all property and records in the custody of the |
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state agency or entity from which the function is transferred; |
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(3) all funds appropriated by the legislature and |
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other money; and |
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(4) all complaints, investigations, or contested |
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cases that are pending before the state agency or entity from which |
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the function is transferred or a governing person or entity of the |
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state agency or entity, without change in status. |
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(b) A rule, policy, or form adopted by or on behalf of a |
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state agency or entity from which functions are transferred under |
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Section 531.0201, 531.02011, or 531.02012 that relates to a |
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function that is transferred under one of those sections becomes a |
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rule, policy, or form of the receiving state agency upon transfer of |
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the related function and remains in effect: |
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(1) until altered by the commission or other receiving |
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state agency, as applicable; or |
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(2) unless it conflicts with a rule, policy, or form of |
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the receiving state agency. |
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(c) A license, permit, or certification in effect that was |
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issued by a state agency or entity from which functions are |
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transferred under Section 531.0201 or 531.02011 that relates to a |
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function that is transferred under either of those sections is |
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continued in effect as a license, permit, or certification of the |
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commission upon transfer of the related function until the license, |
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permit, or certification expires, is suspended or revoked, or |
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otherwise becomes invalid. |
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Sec. 531.0202. ABOLITION OF STATE AGENCIES AND ENTITIES; |
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EFFECT OF TRANSFERS. (a) Each of the following state agencies and |
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entities is abolished on a date that is within the period prescribed |
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by Section 531.02001(1), that is specified in the transition plan |
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required under Section 531.0204 for the abolition of the agency or |
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entity, and that occurs after all of the agency's or entity's |
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functions have been transferred in accordance with Section |
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531.0201: |
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(1) the Department of Assistive and Rehabilitative |
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Services; |
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(2) the Health and Human Services Council; |
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(3) the Aging and Disability Services Council; |
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(4) the Assistive and Rehabilitative Services |
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Council; |
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(5) the Family and Protective Services Council; |
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(6) the State Health Services Council; and |
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(7) the Texas Council on Autism and Pervasive |
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Developmental Disorders. |
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(b) The following state agency and entity are abolished on a |
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date that is within the period prescribed by Section 531.02001(2), |
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that is specified in the transition plan required under Section |
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531.0204 for the abolition of the state agency or entity, and that |
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occurs after all of the state agency's or entity's functions have |
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been transferred to the commission in accordance with Sections |
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531.0201 and 531.02011: |
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(1) the Department of Aging and Disability Services; |
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and |
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(2) the Office for the Prevention of Developmental |
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Disabilities. |
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(c) The abolition of a state agency or entity listed in |
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Subsection (a) or (b) and the transfer of its functions and related |
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obligations, rights, contracts, records, property, and funds as |
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provided by this subchapter and the transfer of functions and |
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related obligations, rights, contracts, records, property, and |
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funds to or from the Department of Family and Protective Services |
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and from the Department of State Health Services as provided by this |
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subchapter do not affect or impair an act done, any obligation, |
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right, order, permit, certificate, rule, criterion, standard, or |
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requirement existing, or any penalty accrued under former law, and |
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that law remains in effect for any action concerning those matters. |
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Sec. 531.0203. HEALTH AND HUMAN SERVICES TRANSITION |
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LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, |
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"committee" means the Health and Human Services Transition |
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Legislative Oversight Committee established under this section. |
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(b) The Health and Human Services Transition Legislative |
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Oversight Committee is created to facilitate the transfer of |
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functions under Sections 531.0201, 531.02011, and 531.02012 with |
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minimal negative effect on the delivery of services to which those |
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functions relate. |
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(c) The committee is composed of 11 voting members, as |
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follows: |
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(1) four members of the senate, appointed by the |
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lieutenant governor; |
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(2) four members of the house of representatives, |
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appointed by the speaker of the house of representatives; and |
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(3) three members of the public, appointed by the |
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governor. |
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(d) The executive commissioner serves as an ex officio, |
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nonvoting member of the committee. |
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(e) A member of the committee serves at the pleasure of the |
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appointing official. |
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(f) The lieutenant governor and the speaker of the house of |
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representatives shall each designate a presiding co-chair from |
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among their respective appointments. |
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(g) A member of the committee may not receive compensation |
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for serving on the committee but is entitled to reimbursement for |
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travel expenses incurred by the member while conducting the |
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business of the committee as provided by the General Appropriations |
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Act. |
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(h) The committee shall: |
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(1) facilitate the transfer of functions under |
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Sections 531.0201, 531.02011, and 531.02012 with minimal negative |
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effect on the delivery of services to which those functions relate; |
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(2) with assistance from the commission and the state |
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agencies and entities from which functions are transferred under |
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Sections 531.0201, 531.02011, and 531.02012, advise the executive |
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commissioner concerning: |
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(A) the functions to be transferred under this |
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subchapter and the funds and obligations that are related to the |
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functions; |
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(B) the transfer of the functions and related |
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records, property, funds, and obligations by the state agencies and |
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entities as provided by this subchapter; and |
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(C) the reorganization of the commission's |
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administrative structure in accordance with this subchapter, |
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Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008, |
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and other provisions enacted by the 84th Legislature that become |
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law; and |
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(3) meet: |
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(A) during the period between the establishment |
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of the committee and September 1, 2017, at least quarterly at the |
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call of either chair, in addition to meeting at other times as |
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determined appropriate by either chair; |
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(B) during the period between September 2, 2017, |
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and December 31, 2019, at least semiannually at the call of either |
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chair, in addition to meeting at other times as determined |
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appropriate by either chair; and |
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(C) during the period between January 1, 2020, |
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and August 31, 2023, at least annually at the call of either chair, |
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in addition to meeting at other times as determined appropriate by |
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either chair. |
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(i) Chapter 551 applies to the committee. |
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(j) The committee shall submit a report to the governor, |
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lieutenant governor, speaker of the house of representatives, and |
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legislature not later than December 1 of each even-numbered year. |
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The report must include an update on the progress of and issues |
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related to: |
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(1) the transfer of functions under Sections 531.0201, |
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531.02011, and 531.02012 to the commission and the Department of |
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Family and Protective Services, including the need for any |
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additional statutory changes required to complete the transfer of |
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prevention and early intervention services functions to the |
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department in accordance with this subchapter; and |
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(2) the reorganization of the commission's |
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administrative structure in accordance with this subchapter, |
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Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008, |
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and other provisions enacted by the 84th Legislature that become |
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law. |
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(k) The committee is abolished September 1, 2023. |
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Sec. 531.02031. STUDY ON CONTINUING NEED FOR CERTAIN STATE |
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AGENCIES. (a) Not later than September 1, 2018, the executive |
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commissioner shall conduct a study and submit a report and |
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recommendation to the Health and Human Services Transition |
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Legislative Oversight Committee regarding the need to continue the |
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Department of Family and Protective Services and the Department of |
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State Health Services as state agencies separate from the |
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commission. |
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(b) Not later than December 1, 2018, the Health and Human |
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Services Transition Legislative Oversight Committee shall review |
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the report and recommendation submitted under Subsection (a) and |
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submit a report and recommendation to the legislature regarding the |
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need to continue the Department of Family and Protective Services |
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and the Department of State Health Services as state agencies |
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separate from the commission. |
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(c) The Health and Human Services Transition Legislative |
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Oversight Committee shall include the following in the report |
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submitted to the legislature under Subsection (b): |
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(1) an evaluation of the transfer of prevention and |
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early intervention services functions to the Department of Family |
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and Protective Services as provided by this subchapter, including |
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an evaluation of: |
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(A) any increased coordination and efficiency in |
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the operation of the programs achieved as a result of the transfer; |
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(B) the department's coordination with other |
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state agency programs providing similar prevention and early |
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intervention services; and |
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(C) the department's interaction with |
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stakeholders and other interested parties in performing the |
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department's functions; and |
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(2) any recommendations concerning the transfer of |
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prevention and early intervention services functions of the |
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department to another state agency. |
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Sec. 531.0204. TRANSITION PLAN FOR IMPLEMENTATION OF |
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CONSOLIDATION. (a) The transfers of functions under Sections |
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531.0201, 531.02011, and 531.02012 must be accomplished in |
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accordance with a transition plan developed by the executive |
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commissioner that ensures that the transfers and provision of |
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health and human services in this state are accomplished in a |
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careful and deliberative manner. The transition plan must: |
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(1) include an outline of the commission's reorganized |
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structure, including its divisions, in accordance with this |
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subchapter, Sections 531.00561, 531.00562, and 531.008, and other |
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provisions enacted by the 84th Legislature that become law; |
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(2) include details regarding movement of functions |
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and a timeline that, subject to the periods prescribed by Section |
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531.02001, specifies the dates on which: |
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(A) the transfers under Sections 531.0201, |
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531.02011, and 531.02012 are to be made; |
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(B) each state agency or entity subject to |
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abolition under Section 531.0202 is abolished; and |
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(C) each division of the commission is created |
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and the division's director is appointed; |
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(3) for purposes of Sections 531.0201, 531.02011, and |
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531.02013, define: |
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(A) client services functions; |
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(B) regulatory functions; |
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(C) public health functions; and |
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(D) functions related to: |
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(i) state-operated institutions; |
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(ii) child protective services; |
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(iii) adult protective services; and |
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(iv) prevention and early intervention |
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services; and |
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(4) include an evaluation and determination of the |
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feasibility and potential effectiveness of consolidating |
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administrative support services into the commission in accordance |
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with Section 531.02012, including a report of: |
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(A) the specific support services that will be |
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consolidated within the commission; |
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(B) a timeline that details when specific support |
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services will be consolidated, including a description of the |
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support services that will transfer by the last day of each period |
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prescribed by Section 531.02001; and |
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(C) measures the commission will take to ensure |
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information resources and contracting support services continue to |
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operate properly across the health and human services system under |
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any consolidation of administrative support services. |
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(b) In defining the transferred functions under Subsection |
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(a)(3), the executive commissioner shall ensure that: |
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(1) not later than the last day of the period |
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prescribed by Section 531.02001(1), all functions of a state agency |
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or entity subject to abolition under Section 531.0202(a) are |
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transferred to the commission or the Department of Family and |
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Protective Services, as applicable; |
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(2) the transferred prevention and early intervention |
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services functions to the Department of Family and Protective |
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Services include: |
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(A) prevention and early intervention services |
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as defined under Section 265.001, Family Code; and |
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(B) programs that: |
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(i) provide parent education; |
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(ii) promote healthier parent-child |
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relationships; or |
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(iii) prevent family violence; and |
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(3) not later than the last day of the period |
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prescribed by Section 531.02001(2), all functions of the state |
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agency and entity subject to abolition under Section 531.0202(b) |
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are transferred to the commission. |
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(c) In developing the transition plan, the executive |
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commissioner shall, before submitting the plan to the Health and |
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Human Services Transition Legislative Oversight Committee, the |
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governor, and the Legislative Budget Board as required by |
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Subsection (e): |
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(1) hold public hearings in various geographic areas |
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in this state regarding the plan; and |
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(2) solicit and consider input from appropriate |
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stakeholders. |
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(d) Within the periods prescribed by Section 531.02001: |
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(1) the commission shall begin administering the |
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respective functions assigned to the commission under Sections |
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531.0201 and 531.02011, as applicable; and |
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(2) the Department of Family and Protective Services |
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shall begin administering the functions assigned to the department |
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under Section 531.0201. |
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(d-1) The assumption of the administration of the functions |
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transferred to the commission and the Department of Family and |
|
Protective Services under Sections 531.0201 and 531.02011, as |
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applicable, must be accomplished in accordance with the transition |
|
plan. |
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(e) The executive commissioner shall submit the transition |
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plan to the Health and Human Services Transition Legislative |
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Oversight Committee, the governor, and the Legislative Budget Board |
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not later than March 1, 2016. The Health and Human Services |
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Transition Legislative Oversight Committee shall comment on and |
|
make recommendations to the executive commissioner regarding any |
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concerns or adjustments to the transition plan the committee |
|
determines appropriate. The executive commissioner may not |
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finalize the transition plan until the executive commissioner has |
|
reviewed and considered the comments and recommendations of the |
|
committee regarding the transition plan. |
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(f) The executive commissioner shall publish in the Texas |
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Register: |
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(1) the transition plan developed under this section; |
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(2) any adjustments to the transition plan recommended |
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by the Health and Human Services Transition Legislative Oversight |
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Committee; |
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(3) a statement regarding whether the executive |
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commissioner adopted or otherwise incorporated the recommended |
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adjustments; and |
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(4) if the executive commissioner did not adopt a |
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recommended adjustment, the justification for not adopting the |
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adjustment. |
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Sec. 531.02041. REQUIRED REPORTS AFTER TRANSITION PLAN |
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SUBMISSION. If, at any time after the executive commissioner |
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submits the transition plan in accordance with Section 531.0204(e), |
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the executive commissioner proposes to make a substantial |
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organizational change to the health and human services system that |
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was not included in the transition plan, the executive commissioner |
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shall, before implementing the proposed change, submit a report |
|
detailing the proposed change to the Health and Human Services |
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Transition Legislative Oversight Committee. |
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Sec. 531.0205. APPLICABILITY OF FORMER LAW. An action |
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brought or proceeding commenced before the date of a transfer |
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prescribed by this subchapter in accordance with the transition |
|
plan required under Section 531.0204, including a contested case or |
|
a remand of an action or proceeding by a reviewing court, is |
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governed by the laws and rules applicable to the action or |
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proceeding before the transfer. |
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Sec. 531.0206. LIMITED-SCOPE SUNSET REVIEW. (a) The |
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Sunset Advisory Commission shall conduct a limited-scope review of |
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the commission during the state fiscal biennium ending August 31, |
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2023, in the manner provided by Chapter 325 (Texas Sunset Act). The |
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review must provide: |
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(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 |
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compliance with the transition plan required under Section |
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531.0204; |
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(2) an evaluation and recommendations regarding the |
|
need to continue the Department of Family and Protective Services |
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and the Department of State Health Services as state agencies |
|
separate from the commission; and |
|
(3) any additional information the Sunset Advisory |
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Commission determines appropriate, including information regarding |
|
any additional organizational changes the Sunset Advisory |
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Commission recommends. |
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(b) The commission is not abolished solely because the |
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commission is not explicitly continued following the review |
|
required by this section. |
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Sec. 531.0207. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2023. |
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(b) Not later than October 1, 2015: |
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(1) the lieutenant governor, the speaker of the house |
|
of representatives, and the governor shall make the appointments to |
|
the Health and Human Services Transition Legislative Oversight |
|
Committee as required by Section 531.0203(c), Government Code, as |
|
added by this article; and |
|
(2) the lieutenant governor and the speaker of the |
|
house of representatives shall each designate a presiding co-chair |
|
of the Health and Human Services Transition Legislative Oversight |
|
Committee in accordance with Section 531.0203(f), Government Code, |
|
as added by this article. |
|
(c) As soon as appropriate under the consolidation under |
|
Subchapter A-1, Chapter 531, Government Code, as added by this |
|
article, and in a manner that minimizes disruption of services, the |
|
Health and Human Services Commission shall take appropriate action |
|
to be designated as the state agency responsible under federal law |
|
for any state or federal program that is transferred to the |
|
commission in accordance with that subchapter and for which federal |
|
law requires the designation of a responsible state agency. |
|
(d) Notwithstanding Section 531.0201, 531.02011, or |
|
531.02012, Government Code, as added by this article, a power, |
|
duty, program, function, or activity of the Department of Assistive |
|
and Rehabilitative Services may not be transferred to the Health |
|
and Human Services Commission under that section if: |
|
(1) H.B. No. 3294 or S.B. No. 208, 84th Legislature, |
|
Regular Session, 2015, or similar legislation of the 84th |
|
Legislature, Regular Session, 2015, is enacted, becomes law, and |
|
provides for the transfer of the power, duty, program, function, or |
|
activity to the Texas Workforce Commission subject to receipt of |
|
any necessary federal approval or other authorization for the |
|
transfer to occur; and |
|
(2) the Department of Assistive and Rehabilitative |
|
Services or the Texas Workforce Commission receives the necessary |
|
federal approval or other authorization to enable the transfer to |
|
occur not later than September 1, 2016. |
|
(e) If neither the Department of Assistive and |
|
Rehabilitative Services nor the Texas Workforce Commission |
|
receives the federal approval or other authorization described by |
|
Subsection (d) of this section to enable the transfer of the power, |
|
duty, program, function, or activity to the Texas Workforce |
|
Commission to occur not later than September 1, 2016, as provided by |
|
the legislation described by Subsection (d) of this section, the |
|
power, duty, program, function, or activity of the Department of |
|
Assistive and Rehabilitative Services transfers to the Health and |
|
Human Services Commission in accordance with Section 531.0201, |
|
Government Code, as added by this article, and the transition plan |
|
required under Section 531.0204, Government Code, as added by this |
|
article. |
|
SECTION 1.02. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Sections 531.0011 and 531.0012 to read as |
|
follows: |
|
Sec. 531.0011. REFERENCES IN LAW MEANING COMMISSION OR |
|
APPROPRIATE DIVISION. (a) In this code or in any other law, a |
|
reference to any of the following state agencies or entities in |
|
relation to a function transferred to the commission under Section |
|
531.0201, 531.02011, or 531.02012, as applicable, means the |
|
commission or the division of the commission performing the |
|
function previously performed by the state agency or entity before |
|
the transfer, as appropriate: |
|
(1) health and human services agency; |
|
(2) the Department of State Health Services; |
|
(3) the Department of Aging and Disability Services; |
|
(4) the Department of Family and Protective Services; |
|
or |
|
(5) the Department of Assistive and Rehabilitative |
|
Services. |
|
(b) In this code or in any other law and notwithstanding any |
|
other law, a reference to any of the following state agencies or |
|
entities in relation to a function transferred to the commission |
|
under Section 531.0201, 531.02011, or 531.02012, as applicable, |
|
from the state agency that assumed the relevant function in |
|
accordance with Chapter 198 (H.B. 2292), Acts of the 78th |
|
Legislature, Regular Session, 2003, means the commission or the |
|
division of the commission performing the function previously |
|
performed by the agency that assumed the function before the |
|
transfer, as appropriate: |
|
(1) the Texas Department on Aging; |
|
(2) the Texas Commission on Alcohol and Drug Abuse; |
|
(3) the Texas Commission for the Blind; |
|
(4) the Texas Commission for the Deaf and Hard of |
|
Hearing; |
|
(5) the Texas Department of Health; |
|
(6) the Texas Department of Human Services; |
|
(7) the Texas Department of Mental Health and Mental |
|
Retardation; |
|
(8) the Texas Rehabilitation Commission; |
|
(9) the Texas Health Care Information Council; or |
|
(10) the Interagency Council on Early Childhood |
|
Intervention. |
|
(c) In this code or in any other law and notwithstanding any |
|
other law, a reference to the Department of Protective and |
|
Regulatory Services in relation to a function transferred under |
|
Section 531.0201, 531.02011, or 531.02012, as applicable, from the |
|
Department of Family and Protective Services means the commission |
|
or the division of the commission performing the function |
|
previously performed by the Department of Family and Protective |
|
Services before the transfer. |
|
(d) This section applies notwithstanding Section |
|
531.001(4). |
|
Sec. 531.0012. REFERENCES IN LAW MEANING EXECUTIVE |
|
COMMISSIONER OR DESIGNEE. (a) In this code or in any other law, a |
|
reference to any of the following persons in relation to a function |
|
transferred to the commission under Section 531.0201, 531.02011, or |
|
531.02012, as applicable, means the executive commissioner, the |
|
executive commissioner's designee, or the director of the division |
|
of the commission performing the function previously performed by |
|
the state agency from which it was transferred and that the person |
|
represented, as appropriate: |
|
(1) the commissioner of aging and disability services; |
|
(2) the commissioner of assistive and rehabilitative |
|
services; |
|
(3) the commissioner of state health services; or |
|
(4) the commissioner of the Department of Family and |
|
Protective Services. |
|
(b) In this code or in any other law and notwithstanding any |
|
other law, a reference to any of the following persons or entities |
|
in relation to a function transferred to the commission under |
|
Section 531.0201, 531.02011, or 531.02012, as applicable, from the |
|
state agency that assumed or continued to perform the function in |
|
accordance with Chapter 198 (H.B. 2292), Acts of the 78th |
|
Legislature, Regular Session, 2003, means the executive |
|
commissioner or the director of the division of the commission |
|
performing the function performed before the enactment of Chapter |
|
198 (H.B. 2292) by the state agency that was abolished or renamed by |
|
Chapter 198 (H.B. 2292) and that the person or entity represented: |
|
(1) an executive director or other chief |
|
administrative officer of a state agency listed in Section |
|
531.0011(b) or of the Department of Protective and Regulatory |
|
Services; or |
|
(2) the governing body of a state agency listed in |
|
Section 531.0011(b) or of the Department of Protective and |
|
Regulatory Services. |
|
(c) A reference to any of the following councils means the |
|
executive commissioner or the executive commissioner's designee, |
|
as appropriate, and a function of any of the following councils is a |
|
function of that appropriate person: |
|
(1) the Health and Human Services Council; |
|
(2) the Aging and Disability Services Council; |
|
(3) the Assistive and Rehabilitative Services |
|
Council; |
|
(4) the Family and Protective Services Council; or |
|
(5) the State Health Services Council. |
|
SECTION 1.03. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0051 to read as follows: |
|
Sec. 531.0051. HEALTH AND HUMAN SERVICES COMMISSION |
|
EXECUTIVE COUNCIL. (a) The Health and Human Services Commission |
|
Executive Council is established to receive public input and advise |
|
the executive commissioner regarding the operation of the |
|
commission. The council shall seek and receive public comment on: |
|
(1) proposed rules; |
|
(2) recommendations of advisory committees; |
|
(3) legislative appropriations requests or other |
|
documents related to the appropriations process; |
|
(4) the operation of health and human services |
|
programs; and |
|
(5) other items the executive commissioner determines |
|
appropriate. |
|
(b) The council does not have authority to make |
|
administrative or policy decisions. |
|
(c) The council is composed of: |
|
(1) the executive commissioner; |
|
(2) the director of each division established by the |
|
executive commissioner under Section 531.008(c); |
|
(3) the commissioner of a health and human services |
|
agency; and |
|
(4) other individuals appointed by the executive |
|
commissioner as the executive commissioner determines necessary. |
|
(c-1) To the extent the executive commissioner appoints |
|
members to the council under Subsection (c)(4), the executive |
|
commissioner shall make every effort to ensure that those |
|
appointments result in a council membership that includes: |
|
(1) a balanced representation of a broad range of |
|
health and human services industry and consumer interests; and |
|
(2) representation from broad geographic regions of |
|
this state. |
|
(d) The executive commissioner serves as the chair of the |
|
council and shall adopt rules for the operation of the council. |
|
(e) Members of the council appointed under Subsection |
|
(c)(4): |
|
(1) are subject to any restrictions applicable to |
|
service on the council provided by law; and |
|
(2) serve at the pleasure of the executive |
|
commissioner. |
|
(f) The council shall meet at the call of the executive |
|
commissioner at least quarterly. The executive commissioner may |
|
call additional meetings as the executive commissioner determines |
|
necessary. |
|
(g) The council shall give public notice of the date, time, |
|
and place of each meeting held by the council. A live video |
|
transmission of each meeting must be publicly available through the |
|
Internet. |
|
(h) A majority of the members of the council constitute a |
|
quorum for the transaction of business. |
|
(i) A council member appointed under Subsection (c)(4) may |
|
not receive compensation for service as a member of the council but |
|
is entitled to reimbursement for travel expenses incurred by the |
|
member while conducting the business of the council as provided by |
|
the General Appropriations Act. |
|
(j) The executive commissioner shall develop and implement |
|
policies that provide the public with a reasonable opportunity to |
|
appear before the council and to speak on any issue under the |
|
jurisdiction of the commission. |
|
(k) A meeting of individual members of the council that |
|
occurs in the ordinary course of commission operation is not a |
|
meeting of the council, and the requirements of Subsection (g) do |
|
not apply. |
|
(l) This section does not limit the authority of the |
|
executive commissioner to establish additional advisory committees |
|
or councils. |
|
(m) Chapters 551 and 2110 do not apply to the council. |
|
(b) As soon as possible after the executive commissioner of |
|
the Health and Human Services Commission appoints division |
|
directors in accordance with Section 531.00561, Government Code, as |
|
added by this article, the Health and Human Services Commission |
|
Executive Council established under Section 531.0051, Government |
|
Code, as added by this article, shall begin operation. |
|
SECTION 1.04. The heading to Section 531.0055, Government |
|
Code, is amended to read as follows: |
|
Sec. 531.0055. EXECUTIVE COMMISSIONER: GENERAL |
|
RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES]. |
|
SECTION 1.05. Section 531.0055, Government Code, is amended |
|
by amending Subsection (b), as amended by S.B. No. 219, Acts of the |
|
84th Legislature, Regular Session, 2015, and amending Subsections |
|
(d), (e), (f), (g), (h), (k), and (l) to read as follows: |
|
(b) The commission shall: |
|
(1) supervise the administration and operation of |
|
Medicaid, including the administration and operation of the |
|
Medicaid managed care system in accordance with Section 531.021; |
|
(2) perform information systems planning and |
|
management for the health and human services system [agencies] |
|
under Section 531.0273, with: |
|
(A) the provision of information technology |
|
services for the [at] health and human services system [agencies] |
|
considered to be a centralized administrative support service |
|
either performed by commission personnel or performed under a |
|
contract with the commission; and |
|
(B) an emphasis on research and implementation on |
|
a demonstration or pilot basis of appropriate and efficient uses of |
|
new and existing technology to improve the operation of the health |
|
and human services system [agencies] and delivery of health and |
|
human services; |
|
(3) monitor and ensure the effective use of all |
|
federal funds received for the [by a] health and human services |
|
system [agency] in accordance with Section 531.028 and the General |
|
Appropriations Act; |
|
(4) implement Texas Integrated Enrollment Services as |
|
required by Subchapter F, except that notwithstanding Subchapter F, |
|
determining eligibility for benefits under the following programs |
|
is the responsibility of and must be centralized by the commission: |
|
(A) the child health plan program; |
|
(B) the financial assistance program under |
|
Chapter 31, Human Resources Code; |
|
(C) Medicaid; |
|
(D) the supplemental nutrition assistance |
|
program under Chapter 33, Human Resources Code; |
|
(E) long-term care services, as defined by |
|
Section 22.0011, Human Resources Code; |
|
(F) community-based support services identified |
|
or provided in accordance with Section 531.02481; and |
|
(G) other health and human services programs, as |
|
appropriate; and |
|
(5) implement programs intended to prevent family |
|
violence and provide services to victims of family violence. |
|
(d) After implementation of the commission's duties under |
|
Subsections (b) and (c), the commission shall implement the powers |
|
and duties given to the commission under Section 531.0248. Nothing |
|
in the priorities established by this section is intended to limit |
|
the authority of the commission to work simultaneously to achieve |
|
the multiple tasks assigned to the commission in this section, when |
|
such an approach is beneficial in the judgment of the commission. |
|
The commission shall plan and implement an efficient and effective |
|
centralized system of administrative support services for the |
|
health and human services system in accordance with Section |
|
531.00553 [agencies]. [The performance of administrative support
|
|
services for health and human services agencies is the
|
|
responsibility of the commission. The term "administrative support
|
|
services" includes, but is not limited to, strategic planning and
|
|
evaluation, audit, legal, human resources, information resources,
|
|
purchasing, contract management, financial management, and
|
|
accounting services.] |
|
(e) Notwithstanding any other law, the executive |
|
commissioner shall adopt rules and policies for the operation of |
|
and provision of health and human services by the health and human |
|
services system [agencies]. In addition, the executive |
|
commissioner, as necessary to perform the functions described by |
|
Subsections (b), (c), and (d) and Section 531.00553 in |
|
implementation of applicable policies established for a health and |
|
human services system [an] agency or division, as applicable, by |
|
the executive commissioner, shall: |
|
(1) manage and direct the operations of each [health
|
|
and human services] agency or division, as applicable; |
|
(2) supervise and direct the activities of each agency |
|
or division director, as applicable; and |
|
(3) be responsible for the administrative supervision |
|
of the internal audit program for the [all] health and human |
|
services system agencies, including: |
|
(A) selecting the director of internal audit; |
|
(B) ensuring that the director of internal audit |
|
reports directly to the executive commissioner; and |
|
(C) ensuring the independence of the internal |
|
audit function. |
|
(f) The operational authority and responsibility of the |
|
executive commissioner for purposes of Subsection (e) for [at] each |
|
health and human services system agency or division, as applicable, |
|
includes authority over and responsibility for the: |
|
(1) management of the daily operations of the agency |
|
or division, including the organization and management of the |
|
agency or division and its [agency] operating procedures; |
|
(2) allocation of resources within the agency or |
|
division, including use of federal funds received by the agency or |
|
division; |
|
(3) personnel and employment policies; |
|
(4) contracting, purchasing, and related policies, |
|
subject to this chapter and other laws relating to contracting and |
|
purchasing by a state agency; |
|
(5) information resources systems used by the agency |
|
or division; |
|
(6) location of [agency] facilities; and |
|
(7) coordination of agency or division activities with |
|
activities of other components of the health and human services |
|
system and state agencies[, including other health and human
|
|
services agencies]. |
|
(g) Notwithstanding any other law, the operational |
|
authority and responsibility of the executive commissioner for |
|
purposes of Subsection (e) for [at] each health and human services |
|
system agency or division, as applicable, includes the authority |
|
and responsibility to adopt or approve, subject to applicable |
|
limitations, any rate of payment or similar provision required by |
|
law to be adopted or approved by a health and human services system |
|
[the] agency. |
|
(h) For each health and human services system agency and |
|
division, as applicable, the executive commissioner shall |
|
implement a program to evaluate and supervise [the] daily |
|
operations [of the agency]. The program must include measurable |
|
performance objectives for each agency or division director and |
|
adequate reporting requirements to permit the executive |
|
commissioner to perform the duties assigned to the executive |
|
commissioner under this section. |
|
(k) The executive commissioner and each agency director |
|
shall enter into a memorandum of understanding in the manner |
|
prescribed by Section 531.0163 that: |
|
(1) clearly defines the responsibilities of the agency |
|
director and the executive commissioner, including: |
|
(A) the responsibility of the agency director to |
|
report to the governor and to report to and implement policies of |
|
the executive commissioner; and |
|
(B) the extent to which the agency director acts |
|
as a liaison between the agency and the commission; |
|
(2) establishes the program of evaluation and |
|
supervision of daily operations required by Subsection (h); [and] |
|
(3) describes each delegation of a power or duty made |
|
to an agency director; and |
|
(4) ensures that the commission and each health and |
|
human services agency has access to databases or other information |
|
maintained or kept by each other agency that is necessary for the |
|
operation of a function performed by the commission or the health |
|
and human services agency, to the extent not prohibited by other law |
|
[under Subsection (i) or other law]. |
|
(l) Notwithstanding any other law, the executive |
|
commissioner has the authority to adopt policies and rules |
|
governing the delivery of services to persons who are served by the |
|
[each] health and human services system [agency] and the rights and |
|
duties of persons who are served or regulated by the system [each
|
|
agency]. |
|
SECTION 1.06. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Section 531.00553 to read as follows: |
|
Sec. 531.00553. ADMINISTRATIVE SUPPORT SERVICES. (a) In |
|
this section, the term "administrative support services" includes |
|
strategic planning and evaluation, audit, legal, human resources, |
|
information resources, purchasing, contracting, financial |
|
management, and accounting services. |
|
(b) Subject to Subsection (c), the executive commissioner |
|
shall plan and implement an efficient and effective centralized |
|
system of administrative support services for the health and human |
|
services system. The performance of administrative support |
|
services for the health and human services system is the |
|
responsibility of the commission. |
|
(c) The executive commissioner shall plan and implement the |
|
centralized system of administrative support services in |
|
accordance with the following principles and requirements: |
|
(1) the executive commissioner shall consult with the |
|
commissioner of each agency and with the director of each division |
|
within the health and human services system to ensure the |
|
commission is responsive to and addresses agency or division needs; |
|
(2) consolidation of staff providing the support |
|
services must be done in a manner that ensures each agency or |
|
division within the health and human services system that loses |
|
staff as a result of the centralization of support services has |
|
adequate resources to carry out functions of the agency or |
|
division, as appropriate; and |
|
(3) the commission and each agency or division within |
|
the health and human services system shall, as appropriate, enter |
|
into a memorandum of understanding or other written agreement for |
|
the purpose of ensuring accountability for the provision of |
|
administrative services by clearly detailing: |
|
(A) the responsibilities of each agency or |
|
division and the commission; |
|
(B) the points of contact for each agency or |
|
division and the commission; |
|
(C) the transfer of personnel among each agency |
|
or division and the commission; |
|
(D) the budgetary effect the agreement has on |
|
each agency or division and the commission; and |
|
(E) any other item determined by the executive |
|
commissioner to be critical for maintaining accountability. |
|
(d) The memorandum of understanding or other agreement |
|
required under Subsection (c), if appropriate, may be combined with |
|
the memorandum of understanding required under Section |
|
531.0055(k). |
|
SECTION 1.07. Section 531.0056, Government Code, is amended |
|
by adding Subsection (g) to read as follows: |
|
(g) The requirements of this section apply with respect to a |
|
state agency listed in Section 531.001(4) only until the agency is |
|
abolished under Section 531.0202. |
|
SECTION 1.08. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Sections 531.00561 and 531.00562 to read |
|
as follows: |
|
Sec. 531.00561. APPOINTMENT AND QUALIFICATIONS OF DIVISION |
|
DIRECTORS. (a) The executive commissioner shall appoint a |
|
director for each division established within the commission under |
|
Section 531.008, except that the director of the office of |
|
inspector general is appointed in accordance with Section |
|
531.102(a-1). |
|
(b) The executive commissioner shall: |
|
(1) develop clear qualifications for the director of |
|
each division appointed under this section that ensure that an |
|
individual appointed director has: |
|
(A) demonstrated experience in fields relevant |
|
to the director position; and |
|
(B) executive-level administrative and |
|
leadership experience; and |
|
(2) ensure the qualifications developed under |
|
Subdivision (1) are publicly available. |
|
Sec. 531.00562. DIVISION DIRECTOR DUTIES. (a) The |
|
executive commissioner shall clearly define the duties and |
|
responsibilities of a division director and develop clear policies |
|
for the delegation of specific decision-making authority, |
|
including budget authority, to division directors. |
|
(b) The delegation of decision-making authority should be |
|
significant enough to ensure the efficient administration of the |
|
commission's programs and services. |
|
(b) The executive commissioner of the Health and Human |
|
Services Commission shall implement Sections 531.00561 and |
|
531.00562, Government Code, as added by this article, on the date |
|
specified in the transition plan required under Section 531.0204, |
|
Government Code, as added by this article. |
|
SECTION 1.09. (a) Section 531.008, Government Code, as |
|
amended by S.B. No. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, is amended to read as follows: |
|
Sec. 531.008. DIVISIONS OF COMMISSION. (a) The [Subject
|
|
to Subsection (c), the] executive commissioner shall [may] |
|
establish divisions within the commission along functional lines as |
|
necessary for effective administration and for the discharge of the |
|
commission's functions. |
|
(b) The [Subject to Subsection (c), the] executive |
|
commissioner may allocate and reallocate functions among the |
|
commission's divisions. |
|
(c) Notwithstanding Subsections (a) and (b), the [The] |
|
executive commissioner shall establish the following divisions and |
|
offices within the commission: |
|
(1) a medical and social services division [the
|
|
eligibility services division to make eligibility determinations
|
|
for services provided through the commission or a health and human
|
|
services agency related to:
|
|
[(A) the child health plan program;
|
|
[(B)
the financial assistance program under
|
|
Chapter 31, Human Resources Code;
|
|
[(C) Medicaid;
|
|
[(D)
the supplemental nutrition assistance
|
|
program under Chapter 33, Human Resources Code;
|
|
[(E)
long-term care services, as defined by
|
|
Section 22.0011, Human Resources Code;
|
|
[(F)
community-based support services identified
|
|
or provided in accordance with Section 531.02481; and
|
|
[(G)
other health and human services programs, as
|
|
appropriate]; |
|
(2) the office of inspector general to perform fraud |
|
and abuse investigation and enforcement functions as provided by |
|
Subchapter C and other law; |
|
(3) a regulatory division [the office of the ombudsman
|
|
to:
|
|
[(A)
provide dispute resolution services for the
|
|
commission and the health and human services agencies; and
|
|
[(B)
perform consumer protection functions
|
|
related to health and human services]; |
|
(4) an administrative division [a purchasing division
|
|
as provided by Section 531.017]; and |
|
(5) a facilities division for the purpose of |
|
administering state facilities, including state hospitals and |
|
state supported living centers [an internal audit division to
|
|
conduct a program of internal auditing in accordance with Chapter
|
|
2102]. |
|
(d) Subsection (c) does not prohibit the executive |
|
commissioner from establishing additional divisions under |
|
Subsection (a) as the executive commissioner determines |
|
appropriate. This subsection and Subsection (c) expire September |
|
1, 2023. |
|
(b) The executive commissioner of the Health and Human |
|
Services Commission shall establish divisions within the |
|
commission as required under Section 531.008, Government Code, as |
|
amended by this article, on the date specified in the transition |
|
plan required under Section 531.0204, Government Code, as added by |
|
this article. |
|
SECTION 1.10. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0083 to read as follows: |
|
Sec. 531.0083. OFFICE OF POLICY AND PERFORMANCE. (a) In |
|
this section, "office" means the office of policy and performance |
|
established by this section. |
|
(b) The executive commissioner shall establish the office |
|
of policy and performance as an executive-level office designed to |
|
coordinate policy and performance efforts across the health and |
|
human services system. To coordinate those efforts, the office |
|
shall: |
|
(1) develop a performance management system; |
|
(2) take the lead in supporting and providing |
|
oversight for the implementation of major policy changes and in |
|
managing organizational changes; and |
|
(3) act as a centralized body of experts within the |
|
commission that offers program evaluation and process improvement |
|
expertise. |
|
(c) In developing a performance management system under |
|
Subsection (b)(1), the office shall: |
|
(1) gather, measure, and evaluate performance |
|
measures and accountability systems used by the health and human |
|
services system; |
|
(2) develop new and refined performance measures as |
|
appropriate; and |
|
(3) establish targeted, high-level system metrics |
|
that are capable of measuring and communicating overall performance |
|
and achievement of goals by the health and human services system to |
|
both internal and public audiences through various mechanisms, |
|
including the Internet. |
|
(d) In providing support and oversight for the |
|
implementation of policy or organizational changes within the |
|
health and human services system under Subsection (b)(2), the |
|
office shall: |
|
(1) ensure individuals receiving services from or |
|
participating in programs administered through the health and human |
|
services system do not lose visibility or attention during the |
|
implementation of any new policy or organizational change by: |
|
(A) establishing timelines and milestones for |
|
any transition; |
|
(B) supporting staff of the health and human |
|
services system in any change between service delivery methods; and |
|
(C) providing feedback to executive management |
|
on technical assistance and other support needed to achieve a |
|
successful transition; |
|
(2) address cultural differences among staff of the |
|
health and human services system; and |
|
(3) track and oversee changes in policy or |
|
organization mandated by legislation or administrative rule. |
|
(e) In acting as a centralized body of experts under |
|
Subsection (b)(3), the office shall: |
|
(1) for the health and human services system, provide |
|
program evaluation and process improvement guidance both generally |
|
and for specific projects identified with executive or stakeholder |
|
input or through risk analysis; and |
|
(2) identify and monitor cross-functional efforts |
|
involving different administrative components within the health |
|
and human services system and the establishment of cross-functional |
|
teams when necessary to improve the coordination of services |
|
provided through the system. |
|
(f) The executive commissioner may otherwise develop the |
|
office's structure and duties as the executive commissioner |
|
determines appropriate. |
|
(b) As soon as practicable after the effective date of this |
|
article but not later than October 1, 2015, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
establish the office of policy and performance as an executive |
|
office within the commission as required under Section 531.0083, |
|
Government Code, as added by this article. |
|
(c) The office of policy and performance required under |
|
Section 531.0083, Government Code, as added by this article, shall |
|
assist the Health and Human Services Transition Legislative |
|
Oversight Committee created under Section 531.0203, Government |
|
Code, as added by this article, by performing the functions |
|
required of the office under Section 531.0083(b)(2), Government |
|
Code, as added by this article, with respect to the consolidation |
|
mandated by Subchapter A-1, Chapter 531, Government Code, as added |
|
by this article. |
|
SECTION 1.11. Section 531.017, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.017. PURCHASING UNIT [DIVISION]. (a) The |
|
commission shall establish a purchasing unit [division] for the |
|
management of administrative activities related to the purchasing |
|
functions within [of the commission and] the health and human |
|
services system [agencies]. |
|
(b) The purchasing unit [division] shall: |
|
(1) seek to achieve targeted cost reductions, increase |
|
process efficiencies, improve technological support and customer |
|
services, and enhance purchasing support within the [for each] |
|
health and human services system [agency]; and |
|
(2) if cost-effective, contract with private entities |
|
to perform purchasing functions for the [commission and the] health |
|
and human services system [agencies]. |
|
SECTION 1.12. Chapter 265, Family Code, is amended by |
|
designating Sections 265.001 through 265.004 as Subchapter A and |
|
adding a subchapter heading to read as follows: |
|
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES |
|
SECTION 1.13. Section 265.002, Family Code, is amended to |
|
read as follows: |
|
Sec. 265.002. PREVENTION AND EARLY INTERVENTION SERVICES |
|
DIVISION. (a) The department shall operate a division to provide |
|
services for children in at-risk situations and for the families of |
|
those children and to achieve the consolidation of prevention and |
|
early intervention services within the jurisdiction of a single |
|
agency in order to avoid fragmentation and duplication of services |
|
and to increase the accountability for the delivery and |
|
administration of these services. The division shall be called the |
|
prevention and early intervention services division and shall have |
|
the following duties: |
|
(1) to plan, develop, and administer a comprehensive |
|
and unified delivery system of prevention and early intervention |
|
services to children and their families in at-risk situations; |
|
(2) to improve the responsiveness of services for |
|
at-risk children and their families by facilitating greater |
|
coordination and flexibility in the use of funds by state and local |
|
service providers; |
|
(3) to provide greater accountability for prevention |
|
and early intervention services in order to demonstrate the impact |
|
or public benefit of a program by adopting outcome measures; and |
|
(4) to assist local communities in the coordination |
|
and development of prevention and early intervention services in |
|
order to maximize federal, state, and local resources. |
|
(b) The department's prevention and early intervention |
|
services division must be organizationally separate from the |
|
department's divisions performing child protective services and |
|
adult protective services functions. |
|
SECTION 1.14. Subchapter A, Chapter 265, Family Code, as |
|
added by this article, is amended by adding Section 265.006 to read |
|
as follows: |
|
Sec. 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO. |
|
The department may not allow the use of the department's name or |
|
identifying logo or insignia on forms or other materials related to |
|
the department's prevention and early intervention services that |
|
are: |
|
(1) provided by the department's contractors; or |
|
(2) distributed by the department's contractors to the |
|
department's clients. |
|
SECTION 1.15. (a) Subchapter Q, Chapter 531, Government |
|
Code, including provisions amended by S.B. No. 219, Acts of the 84th |
|
Legislature, Regular Session, 2015, is transferred to Chapter 265, |
|
Family Code, redesignated as Subchapter C, Chapter 265, Family |
|
Code, and amended to read as follows: |
|
SUBCHAPTER C [Q]. NURSE-FAMILY PARTNERSHIP COMPETITIVE |
|
GRANT PROGRAM |
|
Sec. 265.101 [531.651]. DEFINITIONS. In this subchapter: |
|
(1) "Competitive grant program" means the |
|
nurse-family partnership competitive grant program established |
|
under this subchapter. |
|
(2) "Partnership program" means a nurse-family |
|
partnership program. |
|
Sec. 265.102 [531.652]. OPERATION OF NURSE-FAMILY |
|
PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The department |
|
[commission] shall operate a nurse-family partnership competitive |
|
grant program through which the department [commission] will award |
|
grants for the implementation of nurse-family partnership |
|
programs, or the expansion of existing programs, and for the |
|
operation of those programs for a period of not less than two years. |
|
(b) The department [commission] shall award grants under |
|
the program to applicants, including applicants operating existing |
|
programs, in a manner that ensures that the partnership programs |
|
collectively: |
|
(1) operate in multiple communities that are |
|
geographically distributed throughout this state; and |
|
(2) provide program services to approximately 2,000 |
|
families. |
|
Sec. 265.103 [531.653]. PARTNERSHIP PROGRAM REQUIREMENTS. |
|
A partnership program funded through a grant awarded under this |
|
subchapter must: |
|
(1) strictly adhere to the program model developed by |
|
the Nurse-Family Partnership National Service Office, including |
|
any clinical, programmatic, and data collection requirements of |
|
that model; |
|
(2) require that registered nurses regularly visit the |
|
homes of low-income, first-time mothers participating in the |
|
program to provide services designed to: |
|
(A) improve pregnancy outcomes; |
|
(B) improve child health and development; |
|
(C) improve family economic self-sufficiency and |
|
stability; and |
|
(D) reduce the incidence of child abuse and |
|
neglect; |
|
(3) require that nurses who provide services through |
|
the program: |
|
(A) receive training from the office of the |
|
attorney general at least once each year on procedures by which a |
|
person may voluntarily acknowledge the paternity of a child and on |
|
the availability of child support services from the office; |
|
(B) provide a mother with information about the |
|
rights, responsibilities, and benefits of establishing the |
|
paternity of her child, if appropriate; |
|
(C) provide assistance to a mother and the |
|
alleged father of her child if the mother and alleged father seek to |
|
voluntarily acknowledge paternity of the child, if appropriate; and |
|
(D) provide information to a mother about the |
|
availability of child support services from the office of the |
|
attorney general; and |
|
(4) require that the regular nurse visits described by |
|
Subdivision (2) begin not later than a mother's 28th week of |
|
gestation and end when her child reaches two years of age. |
|
Sec. 265.104 [531.654]. APPLICATION. (a) A public or |
|
private entity, including a county, municipality, or other |
|
political subdivision of this state, may apply for a grant under |
|
this subchapter. |
|
(b) To apply for a grant, an applicant must submit a written |
|
application to the department [commission] on a form prescribed by |
|
the department [commission] in consultation with the Nurse-Family |
|
Partnership National Service Office. |
|
(c) The application prescribed by the department |
|
[commission] must: |
|
(1) require the applicant to provide data on the |
|
number of low-income, first-time mothers residing in the community |
|
in which the applicant proposes to operate or expand a partnership |
|
program and provide a description of existing services available to |
|
those mothers; |
|
(2) describe the ongoing monitoring and evaluation |
|
process to which a grant recipient is subject under Section 265.109 |
|
[531.659], including the recipient's obligation to collect and |
|
provide information requested by the department [commission] under |
|
Section 265.109(c) [531.659(c)]; and |
|
(3) require the applicant to provide other relevant |
|
information as determined by the department [commission]. |
|
Sec. 265.105 [531.655]. ADDITIONAL CONSIDERATIONS IN |
|
AWARDING GRANTS. In addition to the factors described by Sections |
|
265.102(b) [531.652(b)] and 265.103 [531.653], in determining |
|
whether to award a grant to an applicant under this subchapter, the |
|
department [commission] shall consider: |
|
(1) the demonstrated need for a partnership program in |
|
the community in which the applicant proposes to operate or expand |
|
the program, which may be determined by considering: |
|
(A) the poverty rate, the crime rate, the number |
|
of births to Medicaid recipients, the rate of poor birth outcomes, |
|
and the incidence of child abuse and neglect during a prescribed |
|
period in the community; and |
|
(B) the need to enhance school readiness in the |
|
community; |
|
(2) the applicant's ability to participate in ongoing |
|
monitoring and performance evaluations under Section 265.109 |
|
[531.659], including the applicant's ability to collect and provide |
|
information requested by the department [commission] under Section |
|
265.109(c) [531.659(c)]; |
|
(3) the applicant's ability to adhere to the |
|
partnership program standards adopted under Section 265.106 |
|
[531.656]; |
|
(4) the applicant's ability to develop broad-based |
|
community support for implementing or expanding a partnership |
|
program, as applicable; and |
|
(5) the applicant's history of developing and |
|
sustaining innovative, high-quality programs that meet the needs of |
|
families and communities. |
|
Sec. 265.106 [531.656]. 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. |
|
Sec. 265.107 [531.657]. USE OF AWARDED GRANT FUNDS. The |
|
grant funds awarded under this subchapter may be used only to cover |
|
costs related to implementing or expanding and operating a |
|
partnership program, including costs related to: |
|
(1) administering the program; |
|
(2) training and managing registered nurses who |
|
participate in the program; |
|
(3) paying the salaries and expenses of registered |
|
nurses who participate in the program; |
|
(4) paying for facilities and equipment for the |
|
program; and |
|
(5) paying for services provided by the Nurse-Family |
|
Partnership National Service Office to ensure a grant recipient |
|
adheres to the organization's program model. |
|
Sec. 265.108 [531.658]. STATE NURSE CONSULTANT. Using |
|
money appropriated for the competitive grant program, the |
|
department [commission] shall hire or contract with a state nurse |
|
consultant to assist grant recipients with implementing or |
|
expanding and operating the partnership programs in the applicable |
|
communities. |
|
Sec. 265.109 [531.659]. PROGRAM MONITORING AND EVALUATION; |
|
ANNUAL COMMITTEE REPORTS. (a) The department [commission], 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 [531.656]; |
|
(2) use the performance indicators to continuously |
|
monitor and formally evaluate on an annual basis the performance of |
|
each grant recipient; and |
|
(3) prepare and submit an annual report, not later |
|
than December 1 of each year, to the Senate Health and Human |
|
Services Committee, or its successor, and the House Human Services |
|
Committee, or its successor, regarding the performance of each |
|
grant recipient during the preceding state fiscal year with respect |
|
to providing partnership program services. |
|
(b) The report required under Subsection (a)(3) must |
|
include: |
|
(1) the number of low-income, first-time mothers to |
|
whom each grant recipient provided partnership program services |
|
and, of that number, the number of mothers who established the |
|
paternity of an alleged father as a result of services provided |
|
under the program; |
|
(2) the extent to which each grant recipient made |
|
regular visits to mothers during the period described by Section |
|
265.103(4) [531.653(4)]; and |
|
(3) the extent to which each grant recipient adhered |
|
to the Nurse-Family Partnership National Service Office's program |
|
model, including the extent to which registered nurses: |
|
(A) conducted home visitations comparable in |
|
frequency, duration, and content to those delivered in Nurse-Family |
|
Partnership National Service Office clinical trials; and |
|
(B) assessed the health and well-being of mothers |
|
and children participating in the partnership programs in |
|
accordance with indicators of maternal, child, and family health |
|
defined by the department [commission] in consultation with the |
|
Nurse-Family Partnership National Service Office. |
|
(c) On request, each grant recipient shall timely collect |
|
and provide data and any other information required by the |
|
department [commission] to monitor and evaluate the recipient or to |
|
prepare the report required by this section. |
|
Sec. 265.110 [531.660]. COMPETITIVE GRANT PROGRAM FUNDING. |
|
(a) The department [commission] shall actively seek and apply for |
|
any available federal funds, including federal Medicaid and |
|
Temporary Assistance for Needy Families (TANF) funds, to assist in |
|
financing the competitive grant program established under this |
|
subchapter. |
|
(b) The department [commission] may use appropriated funds |
|
from the state government and may accept gifts, donations, and |
|
grants of money from the federal government, local governments, |
|
private corporations, or other persons to assist in financing the |
|
competitive grant program. |
|
(b) Notwithstanding the transfer of Subchapter Q, Chapter |
|
531, Government Code, to Chapter 265, Family Code, and |
|
redesignation as Subchapter C of that chapter, the Health and Human |
|
Services Commission shall continue to administer the Nurse-Family |
|
Partnership Competitive Grant Program under that subchapter until |
|
the date the program transfers to the Department of Family and |
|
Protective Services in accordance with Section 531.0201, |
|
Government Code, as added by this article, and the transition plan |
|
under Section 531.0204, Government Code, as added by this article. |
|
SECTION 1.16. Effective September 1, 2017, Section |
|
1001.002, Health and Safety Code, is amended to read as follows: |
|
Sec. 1001.002. AGENCY AND AGENCY FUNCTIONS. (a) In this |
|
section, "function" includes a power, duty, program, or activity |
|
and an administrative support services function associated with the |
|
power, duty, program, or activity, unless consolidated under |
|
Section 531.02012, Government Code. |
|
(b) The department is an agency of the state. |
|
(c) In accordance with Subchapter A-1, Chapter 531, |
|
Government Code, and notwithstanding any other law, the department |
|
performs only functions related to public health, including health |
|
care data collection and maintenance of the Texas Health Care |
|
Information Collection program. |
|
SECTION 1.17. Effective September 1, 2017, Subchapter A, |
|
Chapter 1001, Health and Safety Code, is amended by adding Sections |
|
1001.004 and 1001.005 to read as follows: |
|
Sec. 1001.004. REFERENCES IN LAW MEANING DEPARTMENT. In |
|
this code or any other law, a reference to the department in |
|
relation to a function described by Section 1001.002(c) means the |
|
department. A reference in law to the department in relation to any |
|
other function has the meaning assigned by Section 531.0011, |
|
Government Code. |
|
Sec. 1001.005. REFERENCES IN LAW MEANING COMMISSIONER OR |
|
DESIGNEE. In this code or in any other law, a reference to the |
|
commissioner in relation to a function described by Section |
|
1001.002(c) means the commissioner. A reference in law to the |
|
commissioner in relation to any other function has the meaning |
|
assigned by Section 531.0012, Government Code. |
|
SECTION 1.18. Effective September 1, 2017, Section |
|
40.002(b), Human Resources Code, as amended by S.B. No. 219, Acts of |
|
the 84th Legislature, Regular Session, 2015, is amended to read as |
|
follows: |
|
(b) Except as provided by Section 40.0025 [Notwithstanding
|
|
any other law], the department shall: |
|
(1) provide protective services for children and |
|
elderly persons and persons with disabilities, including |
|
investigations of alleged abuse, neglect, or exploitation in |
|
facilities of the Department of State Health Services and the |
|
Department of Aging and Disability Services or the successor agency |
|
for either of those agencies; |
|
(2) provide family support and family preservation |
|
services that respect the fundamental right of parents to control |
|
the education and upbringing of their children; |
|
(3) license, register, and enforce regulations |
|
applicable to child-care facilities, child-care administrators, |
|
and child-placing agency administrators; and |
|
(4) implement and manage programs intended to provide |
|
early intervention or prevent at-risk behaviors that lead to child |
|
abuse, delinquency, running away, truancy, and dropping out of |
|
school. |
|
SECTION 1.19. Effective September 1, 2017, Subchapter A, |
|
Chapter 40, Human Resources Code, is amended by adding Sections |
|
40.0025, 40.0026, and 40.0027 to read as follows: |
|
Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section, |
|
"function" includes a power, duty, program, or activity and an |
|
administrative support services function associated with the |
|
power, duty, program, or activity, unless consolidated under |
|
Section 531.02012, Government Code. |
|
(b) In accordance with Subchapter A-1, Chapter 531, |
|
Government Code, and notwithstanding any other law, the department |
|
performs only functions, including the statewide intake of reports |
|
and other information, related to the following services: |
|
(1) child protective services, including services |
|
that are required by federal law to be provided by this state's |
|
child welfare agency; |
|
(2) adult protective services, other than |
|
investigations of the alleged abuse, neglect, or exploitation of an |
|
elderly person or person with a disability: |
|
(A) in a facility operated, or in a facility or by |
|
a person licensed, certified, or registered, by a state agency; or |
|
(B) by a provider that has contracted to provide |
|
home and community-based services; and |
|
(3) prevention and early intervention services |
|
functions, including: |
|
(A) prevention and early intervention services |
|
as defined under Section 265.001, Family Code; and |
|
(B) programs that: |
|
(i) provide parent education; |
|
(ii) promote healthier parent-child |
|
relationships; or |
|
(iii) prevent family violence. |
|
Sec. 40.0026. REFERENCES IN LAW MEANING DEPARTMENT. In |
|
this code or any other law, a reference to the department in |
|
relation to a function described by Section 40.0025(b) means the |
|
department. A reference in law to the department in relation to any |
|
other function has the meaning assigned by Section 531.0011, |
|
Government Code. |
|
Sec. 40.0027. REFERENCES IN LAW MEANING COMMISSIONER OR |
|
DESIGNEE. In this code or in any other law, a reference to the |
|
commissioner in relation to a function described by Section |
|
40.0025(b) means the commissioner. A reference in law to the |
|
commissioner in relation to any other function has the meaning |
|
assigned by Section 531.0012, Government Code. |
|
SECTION 1.20. Sections 40.0515(d) and (e), Human Resources |
|
Code, are amended to read as follows: |
|
(d) A performance review conducted under Subsection (b)(3) |
|
is considered a performance evaluation for purposes of Section |
|
40.032(c) of this code or Section 531.009(c), Government Code, as |
|
applicable. The department shall ensure that disciplinary or other |
|
corrective action is taken against a supervisor or other managerial |
|
employee who is required to conduct a performance evaluation for |
|
adult protective services personnel under Section 40.032(c) of this |
|
code or Section 531.009(c), Government Code, as applicable, or a |
|
performance review under Subsection (b)(3) and who fails to |
|
complete that evaluation or review in a timely manner. |
|
(e) The annual performance evaluation required under |
|
Section 40.032(c) of this code or Section 531.009(c), Government |
|
Code, as applicable, of the performance of a supervisor in the adult |
|
protective services division must: |
|
(1) be performed by an appropriate program |
|
administrator; and |
|
(2) include: |
|
(A) an evaluation of the supervisor with respect |
|
to the job performance standards applicable to the supervisor's |
|
assigned duties; and |
|
(B) an evaluation of the supervisor with respect |
|
to the compliance of employees supervised by the supervisor with |
|
the job performance standards applicable to those employees' |
|
assigned duties. |
|
SECTION 1.21. (a) The heading to Subchapter C, Chapter |
|
112, Human Resources Code, is amended to read as follows: |
|
SUBCHAPTER C. [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL |
|
DISABILITIES |
|
(b) Section 112.042, Human Resources Code, is amended by |
|
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to |
|
read as follows: |
|
(1) "Commission" means the Health and Human Services |
|
Commission. |
|
(1-a) "Developmental disability" means a severe, |
|
chronic disability that: |
|
(A) is attributable to a mental or physical |
|
impairment or to a combination of a mental and physical impairment; |
|
(B) is manifested before a person reaches the age |
|
of 22; |
|
(C) is likely to continue indefinitely; |
|
(D) results in substantial functional |
|
limitations in three or more major life activities, including: |
|
(i) self-care; |
|
(ii) receptive and expressive language; |
|
(iii) learning; |
|
(iv) mobility; |
|
(v) self-direction; |
|
(vi) capacity for independent living; and |
|
(vii) economic sufficiency; and |
|
(E) reflects the person's needs for a combination |
|
and sequence of special interdisciplinary or generic care, |
|
treatment, or other lifelong or extended services that are |
|
individually planned and coordinated. |
|
(1-b) "Executive commissioner" means the executive |
|
commissioner of the Health and Human Services Commission. |
|
(c) Subchapter C, Chapter 112, Human Resources Code, is |
|
amended by adding Sections 112.0421 and 112.0431 to read as |
|
follows: |
|
Sec. 112.0421. APPLICABILITY AND EXPIRATION OF CERTAIN |
|
PROVISIONS. (a) Sections 112.041(a), 112.043, 112.045, 112.0451, |
|
112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and |
|
112.0472 apply only until the date the executive commissioner |
|
begins to administer this subchapter and the commission assumes the |
|
duties and functions of the Office for the Prevention of |
|
Developmental Disabilities in accordance with Section 112.0431. |
|
(b) On the date the provisions listed in Subsection (a) |
|
cease to apply, the executive committee under Section 112.045 and |
|
the board of advisors under Section 112.046 are abolished. |
|
(c) This section and Sections 112.041(a), 112.043, 112.045, |
|
112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047, |
|
112.0471, and 112.0472 expire on the last day of the period |
|
prescribed by Section 531.02001(2), Government Code. |
|
Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN |
|
REFERENCES. (a) Notwithstanding any other provision in this |
|
subchapter, the executive commissioner shall administer this |
|
subchapter beginning on the date specified in the transition plan |
|
under Section 531.0204, Government Code, and the commission shall |
|
perform the duties and functions of the Office for the Prevention of |
|
Developmental Disabilities in the organizational form the |
|
executive commissioner determines appropriate. |
|
(b) Following the assumption of the administration of this |
|
subchapter by the executive commissioner and the duties and |
|
functions by the commission in accordance with Subsection (a): |
|
(1) a reference in this subchapter to the office, the |
|
Office for the Prevention of Developmental Disabilities, or the |
|
executive committee of that office means the commission, the |
|
division or other organizational unit within the commission |
|
designated by the executive commissioner, or the executive |
|
commissioner, as appropriate; and |
|
(2) a reference in any other law to the Office for the |
|
Prevention of Developmental Disabilities has the meaning assigned |
|
by Subdivision (1). |
|
(d) Section 112.044, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 112.044. DUTIES. The office shall: |
|
(1) educate the public and attempt to promote sound |
|
public policy regarding the prevention of developmental |
|
disabilities; |
|
(2) identify, collect, and disseminate information |
|
and data concerning the causes, frequency of occurrence, and |
|
preventability of developmental disabilities; |
|
(3) work with appropriate divisions within the |
|
commission, state agencies, and other entities to develop a |
|
coordinated long-range plan to effectively monitor and reduce the |
|
incidence or severity of developmental disabilities; |
|
(4) promote and facilitate the identification, |
|
development, coordination, and delivery of needed prevention |
|
services; |
|
(5) solicit, receive, and spend grants and donations |
|
from public, private, state, and federal sources; |
|
(6) identify and encourage establishment of needed |
|
reporting systems to track the causes and frequencies of occurrence |
|
of developmental disabilities; |
|
(7) develop, operate, and monitor programs created |
|
under Section 112.048 addressing [task forces to address] the |
|
prevention of specific targeted developmental disabilities; |
|
(8) monitor and assess the effectiveness of divisions |
|
within the commission and of state agencies in preventing [to
|
|
prevent] developmental disabilities; |
|
(9) recommend the role each division within the |
|
commission and each state agency should have with regard to |
|
prevention of developmental disabilities; |
|
(10) facilitate coordination of state agency |
|
prevention services and activities within the commission and among |
|
appropriate state agencies; and |
|
(11) encourage cooperative, comprehensive, and |
|
complementary planning among public, private, and volunteer |
|
individuals and organizations engaged in prevention activities, |
|
providing prevention services, or conducting related research. |
|
(e) Sections 112.048 and 112.049, Human Resources Code, are |
|
amended to read as follows: |
|
Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED |
|
DEVELOPMENTAL DISABILITIES [TASK FORCES]. (a) The executive |
|
committee shall establish guidelines for: |
|
(1) selecting targeted disabilities; |
|
(2) assessing prevention services needs; and |
|
(3) reviewing [task force] plans, budgets, and |
|
operations for programs under this section. |
|
(b) The executive committee shall [create task forces made
|
|
up of members of the board of advisors to] plan and implement |
|
prevention programs for specifically targeted developmental |
|
disabilities. [A task force operates as an administrative division
|
|
of the office and can be abolished when it is ineffective or is no
|
|
longer needed.] |
|
(c) A program under this section [task force shall]: |
|
(1) must include [develop] a plan designed to reduce |
|
the incidence of a specifically targeted disability; |
|
(2) must include [prepare] a budget for implementing a |
|
plan; |
|
(3) must be funded [arrange for funds] through: |
|
(A) contracts for services from participating |
|
agencies; |
|
(B) grants and gifts from private persons and |
|
consumer and advocacy organizations; and |
|
(C) foundation support; and |
|
(4) must be approved by [submit the plan, budget, and
|
|
evidence of funding commitments to] the executive committee [for
|
|
approval]. |
|
[(d)
A task force shall regularly report to the executive
|
|
committee, as required by the committee, the operation, progress,
|
|
and results of the task force's prevention plan.] |
|
Sec. 112.049. EVALUATION. (a) The office shall identify |
|
or encourage the establishment of needed statistical bases for each |
|
targeted group against which the office can measure how effectively |
|
a [task force] program under Section 112.048 is reducing the |
|
frequency or severity of a targeted developmental disability. |
|
(b) The executive committee shall regularly monitor and |
|
evaluate the results of [task force prevention] programs under |
|
Section 112.048. |
|
(f) The heading to Section 112.050, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 112.050. GRANTS AND OTHER FUNDING. |
|
(g) Section 112.050, Human Resources Code, is amended by |
|
amending Subsection (c) and adding Subsection (d) to read as |
|
follows: |
|
(c) The executive committee may not submit a legislative |
|
appropriation request for general revenue funds for purposes of |
|
this subchapter. |
|
(d) In addition to funding under Subsection (a), the office |
|
may accept and solicit gifts, donations, and grants of money from |
|
public and private sources, including the federal government, local |
|
governments, and private entities, to assist in financing the |
|
duties and functions of the office. The commission shall support |
|
office fund-raising efforts authorized by this subsection. Funds |
|
raised under this subsection may only be spent in furtherance of a |
|
duty or function of the office or in accordance with rules |
|
applicable to the office. |
|
(h) Section 112.051, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 112.051. REPORTS TO LEGISLATURE. The office shall |
|
submit by February 1 of each odd-numbered year biennial reports to |
|
the legislature detailing findings of the office and the results of |
|
[task force prevention] programs under Section 112.048 and |
|
recommending improvements in the delivery of developmental |
|
disability prevention services. |
|
(i) Notwithstanding the changes in law made by this section, |
|
the Office for the Prevention of Developmental Disabilities and any |
|
administrative entity of the Office for the Prevention of |
|
Developmental Disabilities shall continue to operate under the law |
|
as it existed before the effective date of this article, and that |
|
law is continued in effect for that purpose, until the executive |
|
commissioner of the Health and Human Services Commission begins |
|
administering Subchapter C, Chapter 112, Human Resources Code, as |
|
amended by this article, and the commission begins performing the |
|
duties and functions of the Office for the Prevention of |
|
Developmental Disabilities as required by Section 112.0431, Human |
|
Resources Code, as added by this article, on the date specified in |
|
the transition plan required under Section 531.0204, Government |
|
Code, as added by this article. |
|
(j) The executive commissioner of the Health and Human |
|
Services Commission shall begin administering Subchapter C, |
|
Chapter 112, Human Resources Code, as amended by this article, and |
|
the commission shall begin performing the duties and functions of |
|
the Office for the Prevention of Developmental Disabilities as |
|
required by Section 112.0431, Human Resources Code, as added by |
|
this article, on the date specified in the transition plan required |
|
under Section 531.0204, Government Code, as added by this article. |
|
SECTION 1.22. (a) The heading to Chapter 114, Human |
|
Resources Code, is amended to read as follows: |
|
CHAPTER 114. [TEXAS COUNCIL ON] AUTISM AND PERVASIVE DEVELOPMENTAL |
|
DISORDERS |
|
(b) Section 114.002, Human Resources Code, is amended by |
|
adding Subdivisions (1-a) and (3) to read as follows: |
|
(1-a) "Commission" means the Health and Human Services |
|
Commission. |
|
(3) "Executive commissioner" means the executive |
|
commissioner of the Health and Human Services Commission. |
|
(c) Chapter 114, Human Resources Code, is amended by adding |
|
Sections 114.0021 and 114.0031 to read as follows: |
|
Sec. 114.0021. APPLICABILITY AND EXPIRATION OF CERTAIN |
|
PROVISIONS. (a) Sections 114.001, 114.003, 114.004, 114.005, |
|
114.007(a), and 114.010(d) apply only until the date the executive |
|
commissioner begins to administer this chapter and the commission |
|
assumes the duties and functions of the Texas Council on Autism and |
|
Pervasive Developmental Disorders in accordance with Section |
|
114.0031. |
|
(b) On the date the provisions listed in Subsection (a) |
|
cease to apply, the Texas Council on Autism and Pervasive |
|
Developmental Disorders is abolished. |
|
(c) This section and Sections 114.001, 114.003, 114.004, |
|
114.005, 114.007(a), and 114.010(d) expire on the last day of the |
|
period prescribed by Section 531.02001(1), Government Code. |
|
Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN |
|
REFERENCES. (a) Notwithstanding any other provision in this |
|
chapter, the executive commissioner shall administer this chapter |
|
beginning on the date specified in the transition plan under |
|
Section 531.0204, Government Code, and the commission shall perform |
|
the duties and functions of the Texas Council on Autism and |
|
Pervasive Developmental Disorders in the organizational form the |
|
executive commissioner determines appropriate. |
|
(b) Following the assumption of the administration of this |
|
chapter by the executive commissioner and the duties and functions |
|
by the commission in accordance with Subsection (a): |
|
(1) a reference in this chapter to the council, the |
|
Texas Council on Autism and Pervasive Developmental Disorders, or |
|
an agency represented on the council means the commission, the |
|
division or other organizational unit within the commission |
|
designated by the executive commissioner, or the executive |
|
commissioner, as appropriate; and |
|
(2) a reference in any other law to the Texas Council |
|
on Autism and Pervasive Developmental Disorders has the meaning |
|
assigned by Subdivision (1). |
|
(d) Section 114.006(b), Human Resources Code, is amended to |
|
read as follows: |
|
(b) The council shall make written recommendations on the |
|
implementation of this chapter. If the council considers a |
|
recommendation that will affect another state [an] agency [not
|
|
represented on the council], the council shall seek the advice and |
|
assistance of the agency before taking action on the |
|
recommendation. On approval of the governing body of the agency, |
|
each agency affected by a council recommendation shall implement |
|
the recommendation. If an agency does not have sufficient funds to |
|
implement a recommendation, the agency shall request funds for that |
|
purpose in its next budget proposal. |
|
(e) Sections 114.007(b) and (c), Human Resources Code, are |
|
amended to read as follows: |
|
(b) The council with [the advice of the advisory task force
|
|
and] input from people with autism and other pervasive |
|
developmental disorders, their families, and related advocacy |
|
organizations shall address contemporary issues affecting services |
|
available to persons with autism or other pervasive developmental |
|
disorders in this state, including: |
|
(1) successful intervention and treatment strategies, |
|
including transitioning; |
|
(2) personnel preparation and continuing education; |
|
(3) referral, screening, and evaluation services; |
|
(4) day care, respite care, or residential care |
|
services; |
|
(5) vocational and adult training programs; |
|
(6) public awareness strategies; |
|
(7) contemporary research; |
|
(8) early identification strategies; |
|
(9) family counseling and case management; and |
|
(10) recommendations for monitoring autism service |
|
programs. |
|
(c) The council with [the advice of the advisory task force
|
|
and] input from people with autism and other pervasive |
|
developmental disorders, their families, and related advocacy |
|
organizations shall advise the legislature on legislation that is |
|
needed to develop further and to maintain a statewide system of |
|
quality intervention and treatment services for all persons with |
|
autism or other pervasive developmental disorders. The council may |
|
develop and recommend legislation to the legislature or comment on |
|
pending legislation that affects those persons. |
|
(f) Section 114.008, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 114.008. REPORT. (a) [The agencies represented on
|
|
the council and the public members shall report to the council any
|
|
requirements identified by the agency or person to provide
|
|
additional or improved services to persons with autism or other
|
|
pervasive developmental disorders.] Not later than November 1 of |
|
each even-numbered year, the council shall: |
|
(1) prepare a report summarizing requirements the |
|
council identifies and recommendations for providing additional or |
|
improved services to persons with autism or other pervasive |
|
developmental disorders; and |
|
(2) deliver the report to the executive commissioner |
|
[of the Health and Human Services Commission], the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives [a report summarizing the recommendations]. |
|
(b) The council shall develop a strategy for establishing |
|
new programs to meet the requirements identified through the |
|
council's review and assessment and from input from [the task
|
|
force,] people with autism and related pervasive developmental |
|
disorders, their families, and related advocacy organizations. |
|
(g) Section 114.013, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS |
|
WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER]. (a) The |
|
commission [Health and Human Services Commission] shall [establish
|
|
and administer an autism spectrum disorders resource center to] |
|
coordinate resources for individuals with autism and other |
|
pervasive developmental disorders and their families. In |
|
coordinating those resources [establishing and administering the
|
|
center], the commission [Health and Human Services Commission] |
|
shall consult with [the council and coordinate with] appropriate |
|
state agencies[, including each agency represented on the council]. |
|
(b) As part of coordinating resources under Subsection (a), |
|
the commission [The Health and Human Services Commission] shall |
|
[design the center to]: |
|
(1) collect and distribute information and research |
|
regarding autism and other pervasive developmental disorders; |
|
(2) conduct training and development activities for |
|
persons who may interact with an individual with autism or another |
|
pervasive developmental disorder in the course of their employment, |
|
including school, medical, or law enforcement personnel; |
|
(3) coordinate with local entities that provide |
|
services to an individual with autism or another pervasive |
|
developmental disorder; and |
|
(4) provide support for families affected by autism |
|
and other pervasive developmental disorders. |
|
(h) Notwithstanding the changes in law made by this section, |
|
the Texas Council on Autism and Pervasive Developmental Disorders |
|
and any administrative entity of the Texas Council on Autism and |
|
Pervasive Developmental Disorders shall continue to operate under |
|
the law as it existed before the effective date of this article, and |
|
that law is continued in effect for that purpose, until the |
|
executive commissioner of the Health and Human Services Commission |
|
begins administering Chapter 114, Human Resources Code, as amended |
|
by this article, and the commission begins performing the duties |
|
and functions of the Texas Council on Autism and Pervasive |
|
Developmental Disorders as required by Section 114.0031, Human |
|
Resources Code, as added by this article, on the date specified in |
|
the transition plan required under Section 531.0204, Government |
|
Code, as added by this article. |
|
(i) The executive commissioner of the Health and Human |
|
Services Commission shall begin administering Chapter 114, Human |
|
Resources Code, as amended by this article, and the commission |
|
shall begin performing the duties and functions of the Texas |
|
Council on Autism and Pervasive Developmental Disorders as required |
|
by Section 114.0031, Human Resources Code, as added by this |
|
article, on the date specified in the transition plan required |
|
under Section 531.0204, Government Code, as added by this article. |
|
SECTION 1.23. (a) Effective September 1, 2016, the |
|
following provisions of the Government Code, including provisions |
|
amended by S.B. No. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, are repealed: |
|
(1) Section 531.0235; and |
|
(2) Subchapter K, Chapter 531. |
|
(b) Effective September 1, 2016, the following provisions |
|
of the Health and Safety Code are repealed: |
|
(1) Section 1001.021; |
|
(2) Section 1001.022; |
|
(3) Section 1001.023; |
|
(4) Section 1001.024; |
|
(5) Section 1001.025; |
|
(6) Section 1001.026; and |
|
(7) Section 1001.027. |
|
(c) Effective September 1, 2016, the following provisions |
|
of the Human Resources Code, including provisions amended by S.B. |
|
No. 219, Acts of the 84th Legislature, Regular Session, 2015, are |
|
repealed: |
|
(1) Section 40.021; |
|
(2) Section 40.022; |
|
(3) Section 40.0226; |
|
(4) Section 40.024; |
|
(5) Section 40.025; |
|
(6) Section 40.026; |
|
(7) Section 117.002; |
|
(8) Section 117.021; |
|
(9) Section 117.022; |
|
(10) Section 117.023; |
|
(11) Section 117.024; |
|
(12) Section 117.025; |
|
(13) Section 117.026; |
|
(14) Section 117.027; |
|
(15) Section 117.028; |
|
(16) Section 117.029; |
|
(17) Section 117.030; |
|
(18) Section 117.032; |
|
(19) Section 117.051; |
|
(20) Section 117.052; |
|
(21) Section 117.053; |
|
(22) Section 117.054; |
|
(23) Section 117.055; |
|
(24) Section 117.056; |
|
(25) Section 117.072; |
|
(26) Section 161.021; |
|
(27) Section 161.022; |
|
(28) Section 161.023; |
|
(29) Section 161.024; |
|
(30) Section 161.025; |
|
(31) Section 161.026; |
|
(32) Section 161.027; |
|
(33) Section 161.028; |
|
(34) Section 161.029; and |
|
(35) Section 161.030. |
|
(d) Effective September 1, 2017, Section 531.0055(i), |
|
Government Code, is repealed. |
|
(e) Effective September 1, 2017, the following provisions |
|
of the Human Resources Code, including provisions amended by S.B. |
|
No. 219, Acts of the 84th Legislature, Regular Session, 2015, are |
|
repealed: |
|
(1) Section 161.002; |
|
(2) Section 161.032; |
|
(3) Section 161.051; |
|
(4) Section 161.052; |
|
(5) Section 161.053; |
|
(6) Section 161.054; |
|
(7) Section 161.055; |
|
(8) Section 161.056; and |
|
(9) Section 161.072. |
|
(f) Notwithstanding Subsections (a), (b), (c), (d), and (e) |
|
of this section, the implementation of a provision repealed by one |
|
of those subsections ceases on the date the responsible state |
|
agency or entity listed in Section 531.0202, Government Code, as |
|
added by this article, is abolished as provided by Subchapter A-1, |
|
Chapter 531, Government Code, as added by this article. |
|
ARTICLE 2. HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS |
|
SECTION 2.01. Section 531.001, Government Code, is amended |
|
by adding Subdivision (3-a) to read as follows: |
|
(3-a) "Health and human services system" means the |
|
system for providing or otherwise administering health and human |
|
services in this state by the commission, including through an |
|
office or division of the commission or through another entity |
|
under the administrative and operational control of the executive |
|
commissioner. |
|
SECTION 2.02. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Section 531.00552 to read as follows: |
|
Sec. 531.00552. CONSOLIDATED INTERNAL AUDIT PROGRAM. |
|
(a) Notwithstanding Section 2102.005, the commission shall |
|
operate the internal audit program required under Chapter 2102 for |
|
the commission and each health and human services agency as a |
|
consolidated internal audit program. |
|
(b) For purposes of this section, a reference in Chapter |
|
2102 to the administrator of a state agency with respect to a health |
|
and human services agency means the executive commissioner. |
|
SECTION 2.03. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0164 to read as follows: |
|
Sec. 531.0164. HEALTH AND HUMAN SERVICES SYSTEM INTERNET |
|
WEBSITE COORDINATION. The commission shall establish a process to |
|
ensure Internet websites across the health and human services |
|
system are developed and maintained according to standard criteria |
|
for uniformity, efficiency, and technical capabilities. Under the |
|
process, the commission shall: |
|
(1) develop and maintain an inventory of all health |
|
and human services system Internet websites; |
|
(2) on an ongoing basis, evaluate the inventory |
|
maintained under Subdivision (1) to: |
|
(A) determine whether any of the Internet |
|
websites should be consolidated to improve public access to those |
|
websites' content; and |
|
(B) ensure the Internet websites comply with the |
|
standard criteria; and |
|
(3) if appropriate, consolidate the websites |
|
identified under Subdivision (2)(A). |
|
(b) As soon as possible after the effective date of this |
|
article, the Health and Human Services Commission shall implement |
|
Section 531.0164, Government Code, as added by this article. |
|
(c) As soon as possible after a function is transferred in |
|
accordance with Section 531.0201, 531.02011, or 531.02012, |
|
Government Code, as added by this Act, the Health and Human Services |
|
Commission shall, in accordance with Section 531.0164, Government |
|
Code, as added by this article, ensure that an Internet website |
|
related to the transferred function is updated, transferred, or |
|
consolidated to reflect the consolidation mandated by Subchapter |
|
A-1, Chapter 531, Government Code, as added by this Act. |
|
SECTION 2.04. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0171 to read as follows: |
|
Sec. 531.0171. OFFICE OF OMBUDSMAN. (a) The executive |
|
commissioner shall establish the commission's office of the |
|
ombudsman with authority and responsibility over the health and |
|
human services system in performing the following functions: |
|
(1) providing dispute resolution services for the |
|
health and human services system; |
|
(2) performing consumer protection and advocacy |
|
functions related to health and human services, including assisting |
|
a consumer or other interested person with: |
|
(A) raising a matter within the health and human |
|
services system that the person feels is being ignored; and |
|
(B) obtaining information regarding a filed |
|
complaint; and |
|
(3) collecting inquiry and complaint data related to |
|
the health and human services system. |
|
(b) The office of the ombudsman does not have the authority |
|
to provide a separate process for resolving complaints or appeals. |
|
(c) The executive commissioner shall develop a standard |
|
process for tracking and reporting received inquiries and |
|
complaints within the health and human services system. The |
|
process must provide for the centralized tracking of inquiries and |
|
complaints submitted to field, regional, or other local health and |
|
human services system offices. |
|
(d) Using the process developed under Subsection (c), the |
|
office of the ombudsman shall collect inquiry and complaint data |
|
from all offices, agencies, divisions, and other entities within |
|
the health and human services system. To assist with the collection |
|
of data under this subsection, the office may access any system or |
|
process for recording inquiries and complaints used or maintained |
|
within the health and human services system. |
|
(b) As soon as possible after the effective date of this |
|
article, the executive commissioner of the Health and Human |
|
Services Commission shall implement Section 531.0171, Government |
|
Code, as added by this article. |
|
(c) Notwithstanding any other provision of state law but |
|
except as provided by Subsection (d) of this section: |
|
(1) each office of an ombudsman established before the |
|
effective date of this section that performs ombudsman duties for a |
|
state agency or entity subject to abolition under Section 531.0202, |
|
Government Code, as added by this Act, is abolished on the date the |
|
state agency or entity for which the office performs ombudsman |
|
duties is abolished in accordance with the transition plan under |
|
Section 531.0204, Government Code, as added by this Act; and |
|
(2) each office of an ombudsman established before the |
|
effective date of this section that performs ombudsman duties for |
|
the Department of Family and Protective Services or the Department |
|
of State Health Services is abolished on the date specified in the |
|
transition plan under Section 531.0204, Government Code, as added |
|
by this Act. |
|
(d) The following offices of an ombudsman are not abolished |
|
under Subsection (c) of this section and continue in existence: |
|
(1) the office of independent ombudsman for state |
|
supported living centers established under Subchapter C, Chapter |
|
555, Health and Safety Code; |
|
(2) the office of the state long-term care ombudsman; |
|
and |
|
(3) any other ombudsman office serving all or part of |
|
the health and human services system that is required by federal |
|
law. |
|
(e) The executive commissioner of the Health and Human |
|
Services Commission shall certify which offices of ombudsman are |
|
abolished, and which are exempt from abolition, under Subsection |
|
(d) of this section and shall publish that certification in the |
|
Texas Register not later than September 1, 2016. |
|
SECTION 2.05. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0192 to read as follows: |
|
Sec. 531.0192. HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND |
|
CALL CENTER COORDINATION. (a) The commission shall establish a |
|
process to ensure all health and human services system hotlines and |
|
call centers are necessary and appropriate. Under the process, the |
|
commission shall: |
|
(1) develop criteria for use in assessing whether a |
|
hotline or call center serves an ongoing purpose; |
|
(2) develop and maintain an inventory of all system |
|
hotlines and call centers; |
|
(3) use the inventory and assessment criteria |
|
developed under this subsection to periodically consolidate |
|
hotlines and call centers along appropriate functional lines; |
|
(4) develop an approval process designed to ensure |
|
that a newly established hotline or call center, including the |
|
telephone system and contract terms for the hotline or call center, |
|
meets policies and standards established by the commission; and |
|
(5) develop policies and standards for hotlines and |
|
call centers that include both quality and quantity performance |
|
measures and benchmarks and may include: |
|
(A) client satisfaction with call resolution; |
|
(B) accuracy of information provided; |
|
(C) the percentage of received calls that are |
|
answered; |
|
(D) the amount of time a caller spends on hold; |
|
and |
|
(E) call abandonment rates. |
|
(a-1) In developing policies and standards under Subsection |
|
(a)(5), the commission may allow varied performance measures and |
|
benchmarks for a hotline or call center based on factors affecting |
|
the capacity of the hotline or call center, including factors such |
|
as staffing levels and funding. |
|
(b) In consolidating hotlines and call centers under |
|
Subsection (a)(3), the commission shall seek to maximize the use |
|
and effectiveness of the commission's 2-1-1 telephone number. |
|
(b) As soon as possible after the effective date of this |
|
article, the Health and Human Services Commission shall implement |
|
Section 531.0192, Government Code, as added by this article. |
|
(c) Not later than March 1, 2016, the Health and Human |
|
Services Commission shall complete an initial assessment and |
|
consolidation of hotlines and call centers, as required by Section |
|
531.0192, Government Code, as added by this article. |
|
(d) As soon as possible after a function is transferred in |
|
accordance with Section 531.0201 or 531.02011, Government Code, as |
|
added by this Act, the Health and Human Services Commission shall, |
|
in accordance with Section 531.0192, Government Code, as added by |
|
this article, ensure a hotline or call center related to the |
|
transferred function is transferred or consolidated to reflect the |
|
consolidation mandated by Subchapter A-1, Chapter 531, Government |
|
Code, as added by this Act. |
|
SECTION 2.06. Subchapter B, Chapter 531, Government Code, |
|
is amended by adding Section 531.02731 to read as follows: |
|
Sec. 531.02731. REPORT OF INFORMATION RESOURCES MANAGER TO |
|
COMMISSION. Notwithstanding Section 2054.075(b), the information |
|
resources manager of a health and human services agency shall |
|
report directly to the executive commissioner or a deputy executive |
|
commissioner designated by the executive commissioner. |
|
ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE |
|
SECTION 3.01. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 3.02. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2015. |
|
|
|
* * * * * |