By:  Vowell                                           H.B. No. 1509
       73R3890 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to abuse and neglect investigations in certain state
    1-3  agencies.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 34.22(b) and (c), Family Code, are
    1-6  amended to read as follows:
    1-7        (b)  Each state agency shall notify the Department of
    1-8  Protective and Regulatory Services <Office of Youth Care
    1-9  Investigations> of each report of abuse or neglect it receives
   1-10  under this subchapter relating to abuse or neglect in a facility
   1-11  operated by the agency according to rules adopted by the
   1-12  department.
   1-13        (c)  Each state agency shall adopt rules relating to the
   1-14  investigation and resolution of reports received under this
   1-15  subchapter.  The Health and Human Services Commission <Office of
   1-16  Youth Care Investigations> shall review and approve such rules to
   1-17  ensure that all agencies implement appropriate standards for the
   1-18  conduct of investigations and that uniformity exists among agencies
   1-19  in the investigation and resolution of reports.
   1-20        SECTION 2.  Section 34.23, Family Code, is amended by
   1-21  amending Subsection (b) and adding Subsection (d) to read as
   1-22  follows:
   1-23        (b)  If the investigation relates to a report of abuse or
   1-24  neglect in a facility operated by a state agency, the agency shall
    2-1  submit a copy of the report to the Department of Protective and
    2-2  Regulatory Services <Office of Youth Care Investigations>.
    2-3        (d)  A state agency that licenses, certifies, or registers a
    2-4  facility in which children are located shall compile, maintain, and
    2-5  make available statistics on the incidence of child abuse and
    2-6  neglect in a facility the agency licenses, regulates, or certifies.
    2-7  The Department of Protective and Regulatory Services shall compile,
    2-8  maintain, and make available statistics on the incidence of child
    2-9  abuse and neglect in a facility operated by a state agency.
   2-10        SECTION 3.  Section 34.24, Family Code, is amended to read as
   2-11  follows:
   2-12        Sec. 34.24.  COMPLAINTS.  (a)  If a state agency receives a
   2-13  complaint relating to an investigation conducted by the agency
   2-14  concerning a facility operated by that agency in which children are
   2-15  located, the agency shall refer the complaint to its board <the
   2-16  Office of Youth Care Investigations>.
   2-17        (b)  The board of a state agency that operates a facility in
   2-18  which children are located shall ensure that the procedure for
   2-19  investigating abuse and neglect allegations and inquiries in the
   2-20  agency's facility is periodically reviewed under the agency's
   2-21  internal audit program required by the Texas Internal Auditing Act
   2-22  (Article 6252-5d, Vernon's Texas Civil Statutes).
   2-23        SECTION 4.  (a)  The Office of Youth Care Investigations
   2-24  established by Subchapter B, Chapter 34, Family Code, is abolished.
   2-25        (b)  Sections 34.21 and 34.25, Family Code, are repealed.
   2-26        SECTION 5.  (a)  On September 1, 1993, all functions,
   2-27  programs, activities, funds, obligations, contracts, property, and
    3-1  records related to the Office of Youth Care Investigations are
    3-2  transferred to the Department of Protective and Regulatory
    3-3  Services.
    3-4        (b)  A rule or form adopted by the Office of Youth Care
    3-5  Investigations that relates to a function, program, or activity
    3-6  transferred by this Act to the Department of Protective and
    3-7  Regulatory Services is a rule or form of the Department of
    3-8  Protective and Regulatory Services and remains in effect until
    3-9  altered by the department.
   3-10        SECTION 6.  A reference in Chapter 34, Family Code, to the
   3-11  Texas Department of Human Services is a reference to the Department
   3-12  of Protective and Regulatory Services.
   3-13        SECTION 7.  This Act takes effect September 1, 1993.
   3-14        SECTION 8.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.