By: Price, Faircloth (Senate Sponsor - Nelson) H.B. No. 2578
         (In the Senate - Received from the House May 14, 2015;
  May 14, 2015, read first time and referred to Committee on Health
  and Human Services; May 20, 2015, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; May 20, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2578 By:  Kolkhorst
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the efficiency of and consolidation of powers and
  duties within the health and human services system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
         SECTION 1.01.  (a)  Chapter 531, Government Code, is amended
  by adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
         Sec. 531.02001.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES
  SYSTEM GENERALLY. In accordance with this subchapter, the
  functions of the health and human services system described under
  Sections 531.0201, 531.02011, and 531.02012 are consolidated
  through a phased transfer of those functions under which:
               (1)  the initial transfers required under Section
  531.0201 occur:
                     (A)  on or after the date on which the executive
  commissioner submits the transition plan to the required persons
  under Section 531.0204(e); and
                     (B)  not later than September 1, 2016;
               (2)  the final transfers required under Section
  531.02011 occur:
                     (A)  on or after September 1, 2016; and
                     (B)  not later than September 1, 2017; and
               (3)  transfers of administrative support services
  functions occur in accordance with Section 531.02012.
         Sec. 531.02002.  MEANING OF FUNCTION IN RELATION TO
  TRANSFERS.  For purposes of the transfers mandated by this
  subchapter, "function" includes a power, duty, program, or activity
  of a state agency or entity.
         Sec. 531.0201.  PHASE ONE:  INITIAL TRANSFERS. (a)  On the
  dates specified in the transition plan required under Section
  531.0204, the following functions are transferred to the commission
  as provided by this subchapter:
               (1)  all functions, including any remaining
  administrative support services functions, of each state agency and
  entity subject to abolition under Section 531.0202(a); and
               (2)  except as provided by Section 531.02013, all
  client services of the health and human services system, including
  client services functions performed by the following:
                     (A)  the state agency and entity subject to
  abolition under Section 531.0202(b);
                     (B)  the Department of Family and Protective
  Services; and
                     (C)  the Department of State Health Services.
         (b)  On the dates specified in the transition plan required
  under Section 531.0204, all functions in the health and human
  services system related to prevention and early intervention
  services, including the Nurse-Family Partnership Competitive Grant
  Program under Subchapter C, Chapter 265, Family Code, are
  transferred to the Department of Family and Protective Services.
         Sec. 531.02011.  PHASE TWO: FINAL TRANSFERS TO COMMISSION.
  On the dates specified in the transition plan required under
  Section 531.0204, the following functions are transferred to the
  commission as provided by this subchapter:
               (1)  all functions of each state agency and entity
  subject to abolition under Section 531.0202(b) that remained with
  the agency or entity after the initial transfer of functions under
  Section 531.0201 or a transfer of administrative support services
  functions under Section 531.02012;
               (2)  regulatory functions and functions related to
  state-operated institutions of the Department of State Health
  Services; and
               (3)  regulatory functions of the Department of Family
  and Protective Services.
         Sec. 531.02012.  TRANSFER AND CONSOLIDATION OF
  ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS. (a)  In this section,
  "administrative support services" has the meaning assigned under
  Section 531.00553.
         (b)  As soon as practicable after the first day of the period
  prescribed by Section 531.02001(1) and not later than the last day
  of the period prescribed by Section 531.02001(2), in accordance
  with and on the dates specified in the transition plan required
  under Section 531.0204, the executive commissioner shall, after
  consulting with affected state agencies and divisions, transfer and
  consolidate within the commission administrative support services
  functions of the health and human services system to the extent
  consolidation of those support services functions is feasible and
  contributes to the effective performance of the system.  
  Consolidation of an administrative support services function under
  this section must be conducted in accordance with the principles
  and requirements for organization of administrative support
  services under Section 531.00553(c).
         (c)  Consultation with affected state agencies and divisions
  under Subsection (b) must be conducted in a manner that ensures
  client services are, at most, only minimally affected, and must
  result in a memorandum of understanding or other agreement between
  the commission and each affected agency or division that:
               (1)  details measurable performance goals that the
  commission is expected to meet;
               (2)  identifies a means by which the agency or division
  may seek permission from the executive commissioner to find an
  alternative way to address the needs of the agency or division, as
  appropriate;
               (3)  identifies steps to ensure that programs under the
  health and human services system, whether large or small, receive
  administrative support services that are adequate to meet the
  program's needs; and
               (4)  if appropriate, specifies that staff responsible
  for providing administrative support services consolidated within
  the commission are located in the area where persons requiring
  those services are located to ensure the staff understands related
  program needs and can respond to those needs in a timely manner.
         Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
  The following functions are not subject to transfer under Sections
  531.0201 and 531.02011:
               (1)  the functions of the Department of Family and
  Protective Services, including the statewide intake of reports and
  other information, related to the following:
                     (A)  child protective services, including
  services that are required by federal law to be provided by this
  state's child welfare agency;
                     (B)  adult protective services, other than
  investigations of the alleged abuse, neglect, or exploitation of an
  elderly person or person with a disability:
                           (i)  in a facility operated, or in a facility
  or by a person licensed, certified, or registered, by a state
  agency; or
                           (ii)  by a provider that has contracted to
  provide home and community-based services; and
                     (C)  prevention and early intervention services;
  and
               (2)  the public health functions of the Department of
  State Health Services, including health care data collection and
  maintenance of the Texas Health Care Information Collection
  program.
         Sec. 531.02014.  RELATED TRANSFERS; EFFECT OF
  CONSOLIDATION. (a)  All of the following that relate to a function
  that is transferred under Section 531.0201, 531.02011, or 531.02012
  are transferred to the commission or the Department of Family and
  Protective Services, as applicable, on the date the related
  function is transferred as specified in the transition plan
  required under Section 531.0204:
               (1)  all obligations and contracts, including
  obligations and contracts related to a grant program;
               (2)  all property and records in the custody of the
  state agency or entity from which the function is transferred;
               (3)  all funds appropriated by the legislature and
  other money; and
               (4)  all complaints, investigations, or contested
  cases that are pending before the state agency or entity from which
  the function is transferred or a governing person or entity of the
  state agency or entity, without change in status.
         (b)  A rule, policy, or form adopted by or on behalf of a
  state agency or entity from which functions are transferred under
  Section 531.0201, 531.02011, or 531.02012 that relates to a
  function that is transferred under one of those sections becomes a
  rule, policy, or form of the receiving state agency upon transfer of
  the related function and remains in effect:
               (1)  until altered by the commission or other receiving
  state agency, as applicable; or
               (2)  unless it conflicts with a rule, policy, or form of
  the receiving state agency.
         (c)  A license, permit, or certification in effect that was
  issued by a state agency or entity from which functions are
  transferred under Section 531.0201 or 531.02011 that relates to a
  function that is transferred under either of those sections is
  continued in effect as a license, permit, or certification of the
  commission upon transfer of the related function until the license,
  permit, or certification expires, is suspended or revoked, or
  otherwise becomes invalid.
         Sec. 531.0202.  ABOLITION OF STATE AGENCIES AND ENTITIES;
  EFFECT OF TRANSFERS. (a)  Each of the following state agencies and
  entities is abolished on a date that is within the period prescribed
  by Section 531.02001(1), that is specified in the transition plan
  required under Section 531.0204 for the abolition of the agency or
  entity, and that occurs after all of the agency's or entity's
  functions have been transferred in accordance with Section
  531.0201:
               (1)  the Department of Assistive and Rehabilitative
  Services;
               (2)  the Health and Human Services Council;
               (3)  the Aging and Disability Services Council;
               (4)  the Assistive and Rehabilitative Services
  Council;
               (5)  the Family and Protective Services Council;
               (6)  the State Health Services Council; and
               (7)  the Texas Council on Autism and Pervasive
  Developmental Disorders.
         (b)  The following state agency and entity are abolished on a
  date that is within the period prescribed by Section 531.02001(2),
  that is specified in the transition plan required under Section
  531.0204 for the abolition of the state agency or entity, and that
  occurs after all of the state agency's or entity's functions have
  been transferred to the commission in accordance with Sections
  531.0201 and 531.02011:
               (1)  the Department of Aging and Disability Services;
  and
               (2)  the Office for the Prevention of Developmental
  Disabilities.
         (c)  The abolition of a state agency or entity listed in
  Subsection (a) or (b) and the transfer of its functions and related
  obligations, rights, contracts, records, property, and funds as
  provided by this subchapter and the transfer of functions and
  related obligations, rights, contracts, records, property, and
  funds to or from the Department of Family and Protective Services
  and from the Department of State Health Services as provided by this
  subchapter do not affect or impair an act done, any obligation,
  right, order, permit, certificate, rule, criterion, standard, or
  requirement existing, or any penalty accrued under former law, and
  that law remains in effect for any action concerning those matters.
         Sec. 531.0203.  HEALTH AND HUMAN SERVICES TRANSITION
  LEGISLATIVE OVERSIGHT COMMITTEE. (a)  In this section,
  "committee" means the Health and Human Services Transition
  Legislative Oversight Committee established under this section.
         (b)  The Health and Human Services Transition Legislative
  Oversight Committee is created to facilitate the transfer of
  functions under Sections 531.0201, 531.02011, and 531.02012 with
  minimal negative effect on the delivery of services to which those
  functions relate.
         (c)  The committee is composed of 11 voting members, as
  follows:
               (1)  four members of the senate, appointed by the
  lieutenant governor;
               (2)  four members of the house of representatives,
  appointed by the speaker of the house of representatives; and
               (3)  three members of the public, appointed by the
  governor.
         (d)  The executive commissioner serves as an ex officio,
  nonvoting member of the committee.
         (e)  A member of the committee serves at the pleasure of the
  appointing official.
         (f)  The lieutenant governor and the speaker of the house of
  representatives shall each designate a presiding co-chair from
  among their respective appointments.
         (g)  A member of the committee may not receive compensation
  for serving on the committee but is entitled to reimbursement for
  travel expenses incurred by the member while conducting the
  business of the committee as provided by the General Appropriations
  Act.
         (h)  The committee shall:
               (1)  facilitate the transfer of functions under
  Sections 531.0201, 531.02011, and 531.02012 with minimal negative
  effect on the delivery of services to which those functions relate;
               (2)  with assistance from the commission and the state
  agencies and entities from which functions are transferred under
  Sections 531.0201, 531.02011, and 531.02012, advise the executive
  commissioner concerning:
                     (A)  the functions to be transferred under this
  subchapter and the funds and obligations that are related to the
  functions;
                     (B)  the transfer of the functions and related
  records, property, funds, and obligations by the state agencies and
  entities as provided by this subchapter; and
                     (C)  the reorganization of the commission's
  administrative structure in accordance with this subchapter,
  Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,
  and other provisions enacted by the 84th Legislature that become
  law; and
               (3)  meet:
                     (A)  during the period between the establishment
  of the committee and September 1, 2017, at least quarterly at the
  call of either chair, in addition to meeting at other times as
  determined appropriate by either chair;
                     (B)  during the period between September 2, 2017,
  and December 31, 2019, at least semiannually at the call of either
  chair, in addition to meeting at other times as determined
  appropriate by either chair; and
                     (C)  during the period between January 1, 2020,
  and August 31, 2023, at least annually at the call of either chair,
  in addition to meeting at other times as determined appropriate by
  either chair.
         (i)  Chapter 551 applies to the committee.
         (j)  The committee shall submit a report to the governor,
  lieutenant governor, speaker of the house of representatives, and
  legislature not later than December 1 of each even-numbered year.
  The report must include an update on the progress of and issues
  related to:
               (1)  the transfer of functions under Sections 531.0201,
  531.02011, and 531.02012 to the commission and the Department of
  Family and Protective Services, including the need for any
  additional statutory changes required to complete the transfer of
  prevention and early intervention services functions to the
  department in accordance with this subchapter; and
               (2)  the reorganization of the commission's
  administrative structure in accordance with this subchapter,
  Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,
  and other provisions enacted by the 84th Legislature that become
  law.
         (k)  The committee is abolished September 1, 2023.
         Sec. 531.02031.  STUDY ON CONTINUING NEED FOR CERTAIN STATE
  AGENCIES.  (a)  Not later than September 1, 2018, the executive
  commissioner shall conduct a study and submit a report and
  recommendation to the Health and Human Services Transition
  Legislative Oversight Committee regarding the need to continue the
  Department of Family and Protective Services and the Department of
  State Health Services as state agencies separate from the
  commission.
         (b)  Not later than December 1, 2018, the Health and Human
  Services Transition Legislative Oversight Committee shall review
  the report and recommendation submitted under Subsection (a) and
  submit a report and recommendation to the legislature regarding the
  need to continue the Department of Family and Protective Services
  and the Department of State Health Services as state agencies
  separate from the commission.
         (c)  The Health and Human Services Transition Legislative
  Oversight Committee shall include the following in the report
  submitted to the legislature under Subsection (b):
               (1)  an evaluation of the transfer of prevention and
  early intervention services functions to the Department of Family
  and Protective Services as provided by this subchapter, including
  an evaluation of:
                     (A)  any increased coordination and efficiency in
  the operation of the programs achieved as a result of the transfer;
                     (B)  the department's coordination with other
  state agency programs providing similar prevention and early
  intervention services; and
                     (C)  the department's interaction with
  stakeholders and other interested parties in performing the
  department's functions; and
               (2)  any recommendations concerning the transfer of
  prevention and early intervention services functions of the
  department to another state agency.
         Sec. 531.0204.  TRANSITION PLAN FOR IMPLEMENTATION OF
  CONSOLIDATION.  (a)  The transfers of functions under Sections
  531.0201, 531.02011, and 531.02012 must be accomplished in
  accordance with a transition plan developed by the executive
  commissioner that ensures that the transfers and provision of
  health and human services in this state are accomplished in a
  careful and deliberative manner.  The transition plan must:
               (1)  include an outline of the commission's reorganized
  structure, including its divisions, in accordance with this
  subchapter, Sections 531.00561, 531.00562, and 531.008, and other
  provisions enacted by the 84th Legislature that become law;
               (2)  include details regarding movement of functions
  and a timeline that, subject to the periods prescribed by Section
  531.02001, specifies the dates on which:
                     (A)  the transfers under Sections 531.0201,
  531.02011, and 531.02012 are to be made;
                     (B)  each state agency or entity subject to
  abolition under Section 531.0202 is abolished; and
                     (C)  each division of the commission is created
  and the division's director is appointed;
               (3)  for purposes of Sections 531.0201, 531.02011, and
  531.02013, define:
                     (A)  client services functions;
                     (B)  regulatory functions;
                     (C)  public health functions; and
                     (D)  functions related to:
                           (i)  state-operated institutions;
                           (ii)  child protective services;
                           (iii)  adult protective services; and
                           (iv)  prevention and early intervention
  services; and
               (4)  include an evaluation and determination of the
  feasibility and potential effectiveness of consolidating
  administrative support services into the commission in accordance
  with Section 531.02012, including a report of:
                     (A)  the specific support services that will be
  consolidated within the commission;
                     (B)  a timeline that details when specific support
  services will be consolidated, including a description of the
  support services that will transfer by the last day of each period
  prescribed by Section 531.02001; and
                     (C)  measures the commission will take to ensure
  information resources and contracting support services continue to
  operate properly across the health and human services system under
  any consolidation of administrative support services.
         (b)  In defining the transferred functions under Subsection
  (a)(3), the executive commissioner shall ensure that:
               (1)  not later than the last day of the period
  prescribed by Section 531.02001(1), all functions of a state agency
  or entity subject to abolition under Section 531.0202(a) are
  transferred to the commission or the Department of Family and
  Protective Services, as applicable;
               (2)  the transferred prevention and early intervention
  services functions to the Department of Family and Protective
  Services include:
                     (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; and
               (3)  not later than the last day of the period
  prescribed by Section 531.02001(2), all functions of the state
  agency and entity subject to abolition under Section 531.0202(b)
  are transferred to the commission.
         (c)  In developing the transition plan, the executive
  commissioner shall, before submitting the plan to the Health and
  Human Services Transition Legislative Oversight Committee, the
  governor, and the Legislative Budget Board as required by
  Subsection (e):
               (1)  hold public hearings in various geographic areas
  in this state regarding the plan; and
               (2)  solicit and consider input from appropriate
  stakeholders.
         (d)  Within the periods prescribed by Section 531.02001:
               (1)  the commission shall begin administering the
  respective functions assigned to the commission under Sections
  531.0201 and 531.02011, as applicable; and
               (2)  the Department of Family and Protective Services
  shall begin administering the functions assigned to the department
  under Section 531.0201.
         (d-1)  The assumption of the administration of the functions
  transferred to the commission and the Department of Family and
  Protective Services under Sections 531.0201 and 531.02011, as
  applicable, must be accomplished in accordance with the transition
  plan.
         (e)  The executive commissioner shall submit the transition
  plan to the Health and Human Services Transition Legislative
  Oversight Committee, the governor, and the Legislative Budget Board
  not later than March 1, 2016.  The Health and Human Services
  Transition Legislative Oversight Committee shall comment on and
  make recommendations to the executive commissioner regarding any
  concerns or adjustments to the transition plan the committee
  determines appropriate.  The executive commissioner may not
  finalize the transition plan until the executive commissioner has
  reviewed and considered the comments and recommendations of the
  committee regarding the transition plan.
         (f)  The executive commissioner shall publish in the Texas
  Register:
               (1)  the transition plan developed under this section;
               (2)  any adjustments to the transition plan recommended
  by the Health and Human Services Transition Legislative Oversight
  Committee;
               (3)  a statement regarding whether the executive
  commissioner adopted or otherwise incorporated the recommended
  adjustments; and
               (4)  if the executive commissioner did not adopt a
  recommended adjustment, the justification for not adopting the
  adjustment.
         Sec. 531.02041.  REQUIRED REPORTS AFTER TRANSITION PLAN
  SUBMISSION. If, at any time after the executive commissioner
  submits the transition plan in accordance with Section 531.0204(e),
  the executive commissioner proposes to make a substantial
  organizational change to the health and human services system that
  was not included in the transition plan, the executive commissioner
  shall, before implementing the proposed change, submit a report
  detailing the proposed change to the Health and Human Services
  Transition Legislative Oversight Committee.
         Sec. 531.0205.  APPLICABILITY OF FORMER LAW. An action
  brought or proceeding commenced before the date of a transfer
  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
  governed by the laws and rules applicable to the action or
  proceeding before the transfer.
         Sec. 531.0206.  LIMITED-SCOPE SUNSET REVIEW. (a)  The
  Sunset Advisory Commission shall conduct a limited-scope review of
  the commission during the state fiscal biennium ending August 31,
  2023, in the manner provided by Chapter 325 (Texas Sunset Act). The
  review must provide:
               (1)  an update on the commission's progress with
  respect to the consolidation of the health and human services
  system mandated by this subchapter, including the commission's
  compliance with the transition plan required under Section
  531.0204;
               (2)  an evaluation and recommendations regarding the
  need to continue the Department of Family and Protective Services
  and the Department of State Health Services as state agencies
  separate from the commission; and
               (3)  any additional information the Sunset Advisory
  Commission determines appropriate, including information regarding
  any additional organizational changes the Sunset Advisory
  Commission recommends.
         (b)  The commission is not abolished solely because the
  commission is not explicitly continued following the review
  required by this section.
         Sec. 531.0207.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires September 1, 2023.
         (b)  Not later than October 1, 2015:
               (1)  the lieutenant governor, the speaker of the house
  of representatives, and the governor shall make the appointments to
  the 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.
 
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