BILL ANALYSIS

H.B. 4611

By: Price

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Legislative Council (TLC) is required by law in Section 323.007, Government Code, to carry out a complete nonsubstantive revision of the Texas statutes. The process involves reclassifying and rearranging the statutes in a more logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, and improving the draftsmanship of the law, if practicable—all toward promoting the stated purpose of making the statutes "more accessible, understandable, and usable" without altering the sense, meaning, or effect of the law. In 1965, TLC adopted a long-range plan of compiling the law into subject-matter codes. When the program is complete, all general and permanent statutes will be included in one of 27 codes.

TLC has prepared a nonsubstantive revision of Subtitle I, Title 4, Government Code, which governs the Health and Human Services Commission (HHSC) and the provision of health and human services by HHSC and other health and human services agencies. The revision reorganizes the subtitle in order to make the statutes more accessible, understandable, and usable. The draft has been reviewed by HHSC, and TLC incorporated the commission's suggestions. TLC has also provided a draft to numerous other stakeholders seeking feedback. TLC reports that, to date, no stakeholders have expressed any reservations regarding the draft.

H.B. 4611 is a nonsubstantive revision of Texas law. The substance of the law has not been altered. The sole purpose of the bill's provisions is to compile the relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect.  If a particular source statute is ambiguous and the ambiguity cannot be resolved without a potential substantive effect, the ambiguity is preserved.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4611 proposes new chapters of the Government Code as a nonsubstantive revision of certain health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services. The bill is organized into four articles, as follows:

·         Article 1 adds the following new chapters to the Government Code:

o   Chapter 521 – General Provisions;

o   Chapter 522 – Provisions Applicable to all Health and Human Services Agencies and Certain Other State Entities;

o   Chapter 523 – Health and Human Services Commission;

o   Chapter 524 – Authority over Health and Human Services System;

o   Chapter 525 – General Powers and Duties of Commission and Executive Commissioner;

o   Chapter 526 – Additional Powers and Duties of Commission and Executive Commissioner;

o   Chapter 532 – Medicaid Administration and Operation in General;

o   Chapter 540 – Medicaid Managed Care Program;

o   Chapter 540A – Medicaid Managed Transportation Services;

o   Chapter 542 – System Redesign for Delivery of Medicaid Acute Care Services and Long-Term Services and Supports to Individuals with an Intellectual or Developmental Disability;

o   Chapter 543 – Clinical Initiatives to Improve Medicaid Quality of Care and Cost-Effectiveness;

o   Chapter 543A – Quality-Based Outcomes and Payments Under Medicaid and Child Health Plan Program;

o   Chapter 544 – Fraud, Waste, Abuse, and Overcharges Relating to Health and Human Services;

o   Chapter 545 – Certain Public Assistance Benefits;

o   Chapter 546 – Long-Term Care and Support Options for Individuals with Disabilities and Elderly Individuals;

o   Chapter 547 – Mental Health and Substance Use Services;

o   Chapter 547A – Community Collaboratives;

o   Chapter 548 – Health Care Services Provided Through Tele-Connective Means;

o   Chapter 549 – Provision of Drugs and Drug Information; and

o   Chapter 550 – Human Services and Other Social Services Provided Through Faith- and Community-Based Organizations;

·         Article 2 makes conforming amendments to the Business & Commerce Code, Civil Practice and Remedies Code, Education Code, Estates Code, Family Code, Finance Code, Government Code, Health and Safety Code, Human Resources Code, Insurance Code, Labor Code, Local Government Code, and Occupations Code as necessary to continue without substantive change provisions of law;

·         Article 3 repeals the following laws:

o   Sections 531.021 through 531.083 and Sections 531.0841 through 531.0999, Government Code;

o   Subchapters A, C, D, D-1, E, F, G, G-1, H, I, J, J-1, L, M, M-1, N, O, S, U, V, W, and X, Chapter 531, Government Code; and

o   Chapters 533, 534, 535, 536, 537, 538, 539, and 541, Government Code; and

·         Article 4 provides for certain general matters with respect to the bill's provisions, including the legislature's intention that that the bill is a recodification only and no substantive change is being made by the bill.

EFFECTIVE DATE

April 1, 2025.