By Vowell H.B. No. 1510
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Health and Human Services
1-3 Commission, the Department of Protective and Regulatory Services,
1-4 the Texas Department of Health, and other health and human services
1-5 agencies, to the statewide health coordinating council, and to the
1-6 Interagency Council on Early Childhood Intervention Services;
1-7 providing civil and criminal penalties.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 1.06(c), Chapter 15, Acts of the 72nd
1-10 Legislature, 1st Called Session, 1991, is amended to read as
1-11 follows:
1-12 (c) On September 1, 1993, or an earlier date provided by an
1-13 interagency agreement with the affected agencies, the following
1-14 functions, programs, and activities are transferred from the Texas
1-15 Department of Human Services to the Department of Protective and
1-16 Regulatory Services:
1-17 (1) <except as provided in Section 1.11 of this
1-18 article, from the Texas Department of Health:>
1-19 <(A) investigations of abuse and neglect in
1-20 long-term care facilities;>
1-21 <(B) functions, programs, and activities
1-22 concerning institutions other than long-term care facilities; and>
1-23 <(C) the institutional component of licensing
1-24 and certification activity other than long-term care facilities;>
2-1 <(2) from the Texas Department of Human Services:>
2-2 <(A)> the adult protective services program,
2-3 including investigations and client services; and
2-4 (2) <(B)> activity concerning licensure of child care
2-5 facilities.
2-6 SECTION 2. Section 1.07, Chapter 15, Acts of the 72nd
2-7 Legislature, 1st Called Session, 1991, is amended to read as
2-8 follows:
2-9 Sec. 1.07. TRANSFER OF PROPERTY, RECORDS, OBLIGATIONS,
2-10 FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO THE TEXAS DEPARTMENT
2-11 OF <PUBLIC> HEALTH. (a) On September 1, 1993, or an earlier date
2-12 provided by an interagency agreement with the affected agencies,
2-13 the following functions, programs, and activities are transferred
2-14 to the Texas Department of <Public> Health established under
2-15 Chapter 11, Health and Safety Code:
2-16 (1) from the Texas Department of Human Services:
2-17 (A) preventive health services programs;
2-18 (B) early and periodic screening and diagnosis
2-19 and treatment;
2-20 (C) family planning;
2-21 (D) the purchased health services program; and
2-22 (E) the indigent health care program; and
2-23 (2) <from the Texas Department of Health:>
2-24 <(A) the community and rural health program,
2-25 including colonias;>
2-26 <(B) the disease prevention program;>
2-27 <(C) vital statistics activity;>
3-1 <(D) milk and dairy activity;>
3-2 <(E) food and drug activity;>
3-3 <(F) shellfish sanitation activity;>
3-4 <(G) zoonosis control activity;>
3-5 <(H) cooperative meat inspection activity;>
3-6 <(I) general sanitation activity;>
3-7 <(J) maternal and child health activity;>
3-8 <(K) women, infants, and children activity;>
3-9 <(L) epilepsy activity;>
3-10 <(M) chronic disease prevention and control
3-11 activity;>
3-12 <(N) primary care activity;>
3-13 <(O) dental health activity;>
3-14 <(P) activity of the Texas Diabetes Council;>
3-15 <(Q) all programs of the San Antonio State Chest
3-16 Hospital;>
3-17 <(R) all programs of the South Texas Hospital;>
3-18 <(S) chronically ill and disabled children
3-19 activity;>
3-20 <(T) children's outreach heart activity;>
3-21 <(U) kidney health care activity; and>
3-22 <(V) adult hemophilia activity; and>
3-23 <(3)> from the Texas Department of Mental Health and
3-24 Mental Retardation the genetics screening and counseling program.
3-25 (b) On September 1, 1993, or an earlier date provided by an
3-26 interagency agreement with the affected agencies, all funds,
3-27 obligations, and contracts of an entity listed in Subsection (a) of
4-1 this section related to a function, program, or activity
4-2 transferred under that subsection are transferred to the Texas
4-3 Department of <Public> Health established under Chapter 11, Health
4-4 and Safety Code.
4-5 (c) On September 1, 1993, or an earlier date provided by an
4-6 interagency agreement with the affected agencies, all property and
4-7 records in the custody of an entity listed in Subsection (a) of
4-8 this section related to a function, program, or activity
4-9 transferred under that subsection and all funds appropriated by the
4-10 legislature for the function, program, or activity shall be
4-11 transferred to the Texas Department of <Public> Health established
4-12 under Chapter 11, Health and Safety Code.
4-13 (d) On September 1, 1993, or an earlier date provided by an
4-14 interagency agreement with the affected agencies, all employees of
4-15 an entity listed in Subsection (a) of this section who perform the
4-16 duties transferred under that subsection become employees of the
4-17 Texas Department of <Public> Health, to be assigned duties by the
4-18 director of the Texas Department of <Public> Health established
4-19 under Chapter 11, Health and Safety Code.
4-20 (e) A rule or form adopted by an entity listed in Subsection
4-21 (a) of this section that relates to a function, program, or
4-22 activity transferred under that subsection is a rule or form of the
4-23 Texas Department of <Public> Health established under Chapter 11,
4-24 Health and Safety Code, and remains in effect until altered by the
4-25 department. The secretary of state is authorized to adopt rules as
4-26 necessary to expedite the implementation of this section.
4-27 SECTION 3. Section 1.11, Chapter 15, Acts of the 72nd
5-1 Legislature, 1st Called Session, 1991, is amended to read as
5-2 follows:
5-3 Sec. 1.11. TRANSFER OF CERTAIN LONG-TERM CARE FUNCTIONS TO
5-4 THE TEXAS DEPARTMENT OF HUMAN SERVICES. Not later than September
5-5 1, 1993, all functions, powers, duties, funds, and obligations of
5-6 the Texas Department of Health relating to long-term care
5-7 licensing, certification, and surveys, and to investigations of
5-8 abuse and neglect in long-term care facilities, and all employees
5-9 who perform these duties and all relevant records are transferred
5-10 to the Texas Department of Human Services. A rule, form, or policy
5-11 relating to these functions is a rule, form, or policy of the Texas
5-12 Department of Human Services on transfer of the functions under
5-13 this section and remains in effect until altered by the department.
5-14 The intent of the legislature is that all regulation and rate
5-15 setting for long-term care facilities be consolidated into a single
5-16 state agency. The secretary of state is authorized to adopt rules
5-17 as necessary to expedite the implementation of this section.
5-18 SECTION 4. Section 3.03(d), Chapter 15, Acts of the 72nd
5-19 Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
5-20 Texas Civil Statutes), is amended to read as follows:
5-21 (d) In this section, "health and human service agency" means
5-22 the:
5-23 (1) Interagency Council on Early Childhood
5-24 Intervention Services;
5-25 (2) Texas Department on Aging;
5-26 (3) Texas Commission on Alcohol and Drug Abuse;
5-27 (4) Texas Commission for the Blind;
6-1 (5) Texas Commission for the Deaf and Hearing
6-2 Impaired;
6-3 (6) Texas Department of Health;
6-4 (7) Texas Department of Human Services;
6-5 (8) Texas Juvenile Probation Commission;
6-6 (9) Texas Department of Mental Health and Mental
6-7 Retardation;
6-8 (10) Texas Rehabilitation Commission; and
6-9 (11) Department of Protective and Regulatory Services
6-10 <Texas Youth Commission>.
6-11 SECTION 5. Section 3.08(c), Chapter 15, Acts of the 72nd
6-12 Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
6-13 Texas Civil Statutes), is amended to read as follows:
6-14 (c) In this section, "health and human service agencies"
6-15 includes the:
6-16 (1) Interagency Council on Early Childhood
6-17 Intervention Services;
6-18 (2) Texas Department on Aging;
6-19 (3) Texas Commission on Alcohol and Drug Abuse;
6-20 (4) Texas Commission for the Blind;
6-21 (5) Texas Commission for the Deaf and Hearing
6-22 Impaired;
6-23 (6) Texas Department of Health;
6-24 (7) Texas Department of Human Services;
6-25 (8) Texas Juvenile Probation Commission;
6-26 (9) Texas Department of Mental Health and Mental
6-27 Retardation;
7-1 (10) Texas Rehabilitation Commission; and
7-2 (11) Department of Protective and Regulatory Services
7-3 <Texas Youth Commission>.
7-4 SECTION 6. Section 4, Article 4413(502), Revised Statutes,
7-5 is amended to read as follows:
7-6 Sec. 4. <OPEN MEETINGS;> ADMINISTRATIVE PROCEDURE. The
7-7 commission is subject to <the open meetings law, Chapter 271, Acts
7-8 of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
7-9 Vernon's Texas Civil Statutes), and> the Administrative Procedure
7-10 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-11 Statutes).
7-12 SECTION 7. Section 10(a), Article 4413(502), Revised
7-13 Statutes, is amended to read as follows:
7-14 (a) The commissioner shall develop a coordinated, six-year
7-15 strategic plan for health and human services in the state and shall
7-16 update the plan biennially. The commissioner shall submit <the
7-17 initial plan and> each <subsequent> biennial update of the plan to
7-18 the governor, lieutenant governor, and speaker of the house of
7-19 representatives no later than October 1 <15> of each even-numbered
7-20 year<, with the initial plan submitted no later than October 15,
7-21 1992>.
7-22 SECTION 8. Section 13(a), Article 4413(502), Revised
7-23 Statutes, is amended to read as follows:
7-24 (a) The commission shall prepare and submit to the
7-25 Legislative Budget Board and the governor by October 15 <1> of
7-26 even-numbered years a consolidated health and human services budget
7-27 recommendation.
8-1 SECTION 9. Section 19, Article 4413(502), Revised Statutes,
8-2 is amended to read as follows:
8-3 Sec. 19. Health and Human Services Agencies. In this
8-4 article, "health and human services agencies" includes the:
8-5 (1) Interagency Council on Early Childhood
8-6 Intervention Services;
8-7 (2) Texas Department on Aging;
8-8 (3) Texas Commission on Alcohol and Drug Abuse;
8-9 (4) Texas Commission for the Blind;
8-10 (5) Texas Commission for the Deaf and Hearing
8-11 Impaired;
8-12 (6) Texas Department of Health;
8-13 (7) Texas Department of Human Services;
8-14 (8) Texas Juvenile Probation Commission;
8-15 (9) Texas Department of Mental Health and Mental
8-16 Retardation;
8-17 (10) Texas Rehabilitation Commission; and
8-18 (11) Department of Protective and Regulatory Services
8-19 <Texas Youth Commission>.
8-20 SECTION 10. Article 4413(502), Revised Statutes, is amended
8-21 by adding Sections 20 and 21 to read as follows:
8-22 Sec. 20. GIFTS AND GRANTS. The commission may accept gifts
8-23 and grants from public or private sources to perform any of its
8-24 powers or duties.
8-25 Sec. 21. CONTRACTS; POWERS. The commission may enter into
8-26 contracts as necessary to perform any of its powers or duties and
8-27 has all the powers and duties necessary to administer this article.
9-1 SECTION 11. Section 3, Article 4413(503), Revised Statutes,
9-2 is amended by adding Subsection (j) to read as follows:
9-3 (j) While performing their duties, board members are
9-4 entitled to per diem as prescribed by the General Appropriations
9-5 Act.
9-6 SECTION 12. Section 12, Article 4413(503), Revised Statutes,
9-7 is amended to read as follows:
9-8 Sec. 12. DEPARTMENT POWERS AND DUTIES. (a) The department
9-9 shall:
9-10 (1) develop a departmental strategic plan based on the
9-11 goals and priorities stated in the commission's coordinated
9-12 strategic plan for health and human services;
9-13 (2) submit any legislative appropriation request to
9-14 the commission for comment and for incorporation in the
9-15 commission's statewide health and human services budget
9-16 recommendations in keeping with state priorities and federal
9-17 requirements;
9-18 (3) propose and implement service delivery standards
9-19 for departmental programs;
9-20 (4) propose and adopt rules to ensure the department's
9-21 compliance with state and federal law and to facilitate the
9-22 implementation of departmental programs;
9-23 (5) provide training and technical assistance to
9-24 regional and local service providers;
9-25 (6) develop and implement systems for monitoring
9-26 departmental program performance and service delivery;
9-27 (7) promote innovative service delivery at the local
10-1 level;
10-2 (8) cooperate and coordinate with other departments in
10-3 the delivery of services; and
10-4 (9) perform other functions as required by law.
10-5 (b) The department shall operate a program entitled
10-6 "Services for Runaways and At-Risk Youth" to provide services for
10-7 runaways, truants, and other children who are considered at risk of
10-8 running away from home or at risk of suffering abuse or neglect and
10-9 for the families of those children. The services may include
10-10 crisis family intervention, emergency short-term residential care,
10-11 family counseling, parenting skills training, and youth coping
10-12 skills training.
10-13 SECTION 13. Article 4413(503), Revised Statutes, is amended
10-14 by adding Sections 14 and 15 to read as follows:
10-15 Sec. 14. GIFTS AND GRANTS. The department may accept gifts
10-16 and grants from public or private sources to perform any of its
10-17 powers or duties.
10-18 Sec. 15. CONTRACTS. The department may enter into contracts
10-19 as necessary to perform any of its powers or duties.
10-20 SECTION 14. Sections 11.001, 11.004-11.007, 11.010, and
10-21 11.011, Health and Safety Code, are amended to read as follows:
10-22 Sec. 11.001. Definitions. In this title:
10-23 (1) "Board" means the Texas Board of Health.
10-24 (2) "Commissioner" means the commissioner of public
10-25 health.
10-26 (3) "Department" means the Texas Department of Health.
10-27 Sec. 11.004. Composition and Responsibility of Department.
11-1 (a) The department is composed of the board,<:>
11-2 <(1)> the commissioner,<;>
11-3 <(2)> an administrative staff,<;>
11-4 <(3)> the San Antonio State Chest Hospital,<; and>
11-5 <(4)> the South Texas Hospital, and other officers and
11-6 employees necessary to perform efficiently its powers and duties.
11-7 (b) The department is the state agency with primary
11-8 responsibility for providing health services, including:
11-9 (1) disease prevention;
11-10 (2) health promotion;
11-11 (3) indigent health care;
11-12 (4) certain acute care services;
11-13 (5) health care facility regulation, excluding
11-14 long-term care facilities;
11-15 (6) licensing of certain health professions; and
11-16 (7) other health-related services as provided by law.
11-17 Sec. 11.005. Composition of Board. (a) The board is
11-18 composed of six <the following 18> members appointed by the
11-19 governor with the advice and consent of the senate<:>
11-20 <(1) six physicians licensed under the laws of this
11-21 state, each of whom has been engaged in the practice of medicine in
11-22 this state for at least five years before appointment and one of
11-23 whom specializes in the treatment of disabled children;>
11-24 <(2) two hospital administrators with at least five
11-25 years of experience in hospital administration in this state before
11-26 appointment;>
11-27 <(3) one dentist licensed under the laws of this state
12-1 who has been engaged in the practice of dentistry in this state for
12-2 at least five years before appointment;>
12-3 <(4) one registered nurse licensed to practice
12-4 professional nursing under the laws of this state who has been
12-5 engaged in the practice of nursing in this state for at least five
12-6 years before appointment;>
12-7 <(5) one veterinarian licensed under the laws of this
12-8 state who has been engaged in the practice of veterinary medicine
12-9 in this state for at least five years before appointment;>
12-10 <(6) one pharmacist licensed under the laws of this
12-11 state who has been engaged in the practice of pharmacy in this
12-12 state for at least five years before appointment;>
12-13 <(7) one nursing home administrator licensed under the
12-14 laws of this state who has been engaged as a nursing home
12-15 administrator in this state for at least five years before
12-16 appointment;>
12-17 <(8) one optometrist licensed under the laws of this
12-18 state who has been engaged in the practice of optometry in this
12-19 state for at least five years before appointment;>
12-20 <(9) one professional engineer licensed under the laws
12-21 of this state who holds a civil engineering degree from an
12-22 accredited university or college and who has specialized in the
12-23 practice of sanitary engineering in this state for at least five
12-24 years before appointment;>
12-25 <(10) one doctor of chiropractic licensed under the
12-26 laws of this state who has been engaged in the practice of
12-27 chiropractic in this state for at least five years before
13-1 appointment; and>
13-2 <(11) two public members who have none of the
13-3 qualifications required of the other members>.
13-4 (b) Appointments to the board shall be made without regard
13-5 to the race, color, handicap, sex, religion, age, or national
13-6 origin of the appointees.
13-7 (c) Four members of the board must have a demonstrated
13-8 interest in the services provided by the department, and two
13-9 members must represent the public.
13-10 Sec. 11.006. Restrictions on Board Appointment, Membership,
13-11 and Employment. (a) A person is not eligible for appointment as a
13-12 public member of the board if the person or the person's spouse:
13-13 (1) <is registered, certified, or licensed by an
13-14 occupational regulatory agency in the field of health care;>
13-15 <(2)> is employed by or participates in the management
13-16 of a business entity or other organization regulated by the
13-17 department or receiving funds from the department;
13-18 (2) <(3)> owns, controls, or has, directly or
13-19 indirectly, more than a 10 percent interest in a business entity or
13-20 other organization regulated by the department or receiving funds
13-21 from the department; or
13-22 (3) <(4)> uses or receives a substantial amount of
13-23 tangible goods, services, or funds from the department.
13-24 (b) An officer, employee, or paid consultant of a trade
13-25 association in the field of health care may not be a member or
13-26 employee of the board.
13-27 (c) A person who is the spouse of an officer, managerial
14-1 employee, or paid consultant of a trade association in the field of
14-2 health care may not be a board member or a board employee grade 17
14-3 or over, including exempt employees, according to the position
14-4 classification schedule under the General Appropriations Act.
14-5 (d) A person may not serve as a member of the board or act
14-6 as the general counsel to the board if the person is required to
14-7 register as a lobbyist under Chapter 305, Government Code, because
14-8 of the person's activities for compensation on behalf of a
14-9 profession related to the operation of the board.
14-10 Sec. 11.007. Terms. Board members serve for staggered
14-11 six-year terms, with the terms of two <six> members expiring
14-12 February 1 of each odd-numbered year.
14-13 Sec. 11.010. <PER DIEM;> REIMBURSEMENT FOR EXPENSES. A
14-14 board member receives no fixed salary but is entitled to receive<:>
14-15 <(1) $50 per day for each day spent in attending board
14-16 meetings; and>
14-17 <(2)> reimbursement for travel expenses and other
14-18 necessary expenses incurred in performing official duties.
14-19 Sec. 11.011. Meetings. (a) The board shall meet in the
14-20 city of Austin or in other places fixed by the board.
14-21 (b) The board shall meet at least once each calendar quarter
14-22 on dates determined by the board and shall hold special meetings at
14-23 the call of the chairman. The chairman shall give timely notice to
14-24 each member of any special meeting.
14-25 (c) A meeting of a board committee shall be held in
14-26 compliance with the open meetings law, Chapter 271, Acts of the
14-27 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
15-1 Texas Civil Statutes).
15-2 (d) Four members of the board constitute a quorum.
15-3 SECTION 15. Section 11.012(f), Health and Safety Code, is
15-4 amended to read as follows:
15-5 (f) The board may supplement the salary of the commissioner
15-6 with the approval of the governor. The salary may not exceed 1.5
15-7 times the salary of the governor, from funds appropriated to the
15-8 department. The use of funds from other sources are not limited by
15-9 this subsection.
15-10 SECTION 16. Chapter 12, Health and Safety Code, is amended
15-11 by adding Subchapter G to read as follows:
15-12 SUBCHAPTER G. OFFICE OF MINORITY HEALTH
15-13 Sec. 12.081. OFFICE OF MINORITY HEALTH. The department
15-14 shall establish and maintain an office of minority health in the
15-15 department to:
15-16 (1) assume a leadership role in working or contracting
15-17 with state and federal agencies, universities, private interest
15-18 groups, communities, foundations, and offices of minority health to
15-19 develop minority health initiatives, including bilingual
15-20 communications; and
15-21 (2) maximize use of existing resources without
15-22 duplicating existing efforts.
15-23 Sec. 12.082. POWERS OF OFFICE. The office may:
15-24 (1) provide a central information and referral source
15-25 and serve as the primary state resource in coordinating, planning,
15-26 and advocating access to minority health care services in this
15-27 state;
16-1 (2) coordinate conferences and other training
16-2 opportunities to increase skills among state agencies and
16-3 government staff in management and in the appreciation of cultural
16-4 diversity;
16-5 (3) pursue and administer grant funds for innovative
16-6 projects for communities, groups, and individuals;
16-7 (4) provide recommendations and training in improving
16-8 minority recruitment in state agencies;
16-9 (5) publicize minority health issues through the use
16-10 of the media;
16-11 (6) network with existing minority organizations;
16-12 (7) solicit, receive, and spend grants, gifts, and
16-13 donations from public and private sources; and
16-14 (8) contract with public and private entities in the
16-15 performance of its responsibilities.
16-16 Sec. 12.083. FUNDING. The department may distribute to the
16-17 office unobligated and unexpended appropriations to be used to
16-18 carry out its powers.
16-19 Sec. 12.084. REPORT TO LEGISLATURE. Not later than January
16-20 1 of each odd-numbered year, the office shall submit a biennial
16-21 report to the legislature regarding the activities of the office
16-22 and any findings and recommendations relating to minority health
16-23 issues.
16-24 SECTION 17. Section 104.001(a), Health and Safety Code, is
16-25 amended to read as follows:
16-26 (a) The policy of this state and the purpose of this chapter
16-27 are to:
17-1 (1) ensure that health care services and facilities
17-2 are available to all citizens in an orderly and economical manner;
17-3 and
17-4 (2) meet the requirements of applicable federal law
17-5 <and implement the National Health Planning and Resources
17-6 Development Act of 1974 (Pub. L. No. 93-641), as amended by the
17-7 Health Planning and Resources Development Amendments of 1979 (Pub.
17-8 L. No. 96-79), the federal rules and regulations adopted under
17-9 that Act, and other pertinent federal authority>.
17-10 SECTION 18. Section 104.011, Health and Safety Code, is
17-11 amended to read as follows:
17-12 Sec. 104.011. COMPOSITION OF COUNCIL. The statewide health
17-13 coordinating council is composed of 21 members appointed by the
17-14 governor <in accordance with federal law>.
17-15 SECTION 19. Subchapter B, Chapter 104, Health and Safety
17-16 Code, is amended by adding Section 104.0115 to read as follows:
17-17 Sec. 104.0115. TERMS. (a) Members of the council serve for
17-18 staggered six-year terms, with the terms of seven members expiring
17-19 August 31 of each odd-numbered year.
17-20 (b) An appointment to fill a vacancy is for the unexpired
17-21 term.
17-22 SECTION 20. Section 104.021(a), Health and Safety Code, is
17-23 amended to read as follows:
17-24 (a) The department, in accordance with rules adopted by the
17-25 statewide health coordinating council, shall prepare and<,>
17-26 review<, and revise> a proposed state health plan every six years
17-27 and shall revise and update the plan biennially.
18-1 SECTION 21. Section 242.002(6), Health and Safety Code, is
18-2 amended to read as follows:
18-3 (6) "Institution" means:
18-4 (A) an establishment that:
18-5 (i) furnishes, in one or more facilities,
18-6 food and shelter to four or more persons who are unrelated to the
18-7 proprietor of the establishment; and
18-8 (ii) provides minor treatment under the
18-9 direction and supervision of a physician licensed by the Texas
18-10 State Board of Medical Examiners, or other services that meet some
18-11 need beyond the basic provision of food, shelter, and laundry; or
18-12 (B) <a place or establishment that receives,
18-13 treats, or cares for, overnight or longer, within a period of 12
18-14 months, four or more pregnant women or women who, within two weeks
18-15 before the date of the treatment or care, gave birth to a child,
18-16 not including a woman who receives maternity care in the place or
18-17 establishment that is the home of a relative of the woman related
18-18 within the third degree of consanguinity or affinity, as determined
18-19 under Article 5996h, Revised Statutes; or>
18-20 <(C)> a foster care type residential facility
18-21 that provides room and board to fewer than five persons who:
18-22 (i) are not related within the second
18-23 degree of consanguinity or affinity, as determined under Article
18-24 5996h, Revised Statutes, to the proprietor; and
18-25 (ii) because of their physical or mental
18-26 limitation, or both, require a level of care and services suitable
18-27 to their needs that contributes to their health, comfort, and
19-1 welfare.
19-2 SECTION 22. Subtitle B, Title 4, Health and Safety Code, is
19-3 amended by adding Chapter 249 to read as follows:
19-4 CHAPTER 249. MATERNITY HOMES
19-5 Sec. 249.001. DEFINITIONS. In this chapter:
19-6 (1) "Board" means the Board of Protective and
19-7 Regulatory Services.
19-8 (2) "Department" means the Department of Protective
19-9 and Regulatory Services.
19-10 (3) "Maternity home" means a place or establishment
19-11 that receives, treats, or cares for, overnight or longer, within a
19-12 period of 12 months, four or more pregnant women or women who,
19-13 within two weeks before the date of the treatment or care, gave
19-14 birth to a child, not including a woman who receives maternity care
19-15 in the place or establishment that is the home of a relative of the
19-16 woman related within the third degree of consanguinity or affinity,
19-17 as determined under Article 5996h, Revised Statutes.
19-18 Sec. 249.002. LICENSE REQUIRED. (a) A person may not
19-19 establish or operate a maternity home in this state without a
19-20 license issued under this chapter.
19-21 (b) A license is not transferable or assignable.
19-22 Sec. 249.003. LICENSE APPLICATION AND ISSUANCE. (a) An
19-23 applicant for a maternity home license must submit an application
19-24 to the department on a form prescribed by the department.
19-25 (b) Each application must be accompanied by a nonrefundable
19-26 license fee in an amount set by the board.
19-27 (c) The department shall issue a license if, after
20-1 inspection and investigation, it finds that the applicant and the
20-2 center meet the requirements of this chapter and the standards
20-3 adopted under this chapter.
20-4 (d) The license fee must be paid annually on renewal of the
20-5 license.
20-6 Sec. 249.004. INSPECTIONS. The department may inspect a
20-7 maternity home at reasonable times as necessary to assure
20-8 compliance with this chapter.
20-9 Sec. 249.005. FEES. The board shall set fees imposed by
20-10 this chapter in amounts reasonable and necessary to defray the cost
20-11 of administering this chapter.
20-12 Sec. 249.006. MATERNITY HOME LICENSING FUND. All fees
20-13 collected under this chapter shall be deposited in the state
20-14 treasury to the credit of the maternity home licensing fund and may
20-15 be appropriated to the department only to administer and enforce
20-16 this chapter.
20-17 Sec. 249.007. ADOPTION OF RULES. The board shall adopt
20-18 rules necessary to implement this chapter, including requirements
20-19 for the issuance, renewal, denial, suspension, and revocation of a
20-20 license to operate a maternity home.
20-21 Sec. 249.008. MINIMUM STANDARDS. (a) The rules must
20-22 contain minimum standards applicable to a maternity home and for:
20-23 (1) the qualifications of the professional staff and
20-24 other personnel;
20-25 (2) the equipment essential to the health and welfare
20-26 of the patients; and
20-27 (3) the sanitary and hygienic conditions within the
21-1 home and its surroundings.
21-2 (b) This section does not authorize the board to:
21-3 (1) establish the qualifications of a licensed
21-4 practitioner; or
21-5 (2) permit a person to provide health care services
21-6 who is not authorized to provide those services under another state
21-7 law.
21-8 Sec. 249.009. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
21-9 (a) The department may deny, suspend, or revoke a license for a
21-10 violation of this chapter or a rule adopted under this chapter.
21-11 (b) The denial, suspension, or revocation of a license by
21-12 the department and the appeal from that action are governed by the
21-13 procedures for a contested case hearing under the Administrative
21-14 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
21-15 Civil Statutes).
21-16 Sec. 249.010. INJUNCTION. (a) The department may petition
21-17 a district court for a temporary restraining order to restrain a
21-18 continuing violation of the standards or licensing requirements
21-19 provided under this chapter if the department finds that the
21-20 violation creates an immediate threat to the health and safety of
21-21 the patients of a maternity home.
21-22 (b) A district court, on petition of the department and on a
21-23 finding by the court that a person is violating the standards or
21-24 licensing requirements provided under this chapter, may by
21-25 injunction:
21-26 (1) prohibit a person from continuing a violation of
21-27 the standards or licensing requirements provided under this
22-1 chapter;
22-2 (2) restrain or prevent the establishment or operation
22-3 of a maternity home without a license issued under this chapter; or
22-4 (3) grant any other injunctive relief warranted by the
22-5 facts.
22-6 (c) The attorney general shall institute and conduct a suit
22-7 authorized by this section at the request of the department.
22-8 (d) Venue for a suit brought under this section is in the
22-9 county in which the maternity home is located or in Travis County.
22-10 Sec. 249.011. CRIMINAL PENALTY. (a) A person commits an
22-11 offense if the person violates Section 249.002(a).
22-12 (b) An offense under this section is punishable by a fine of
22-13 not more than $1,000 for the first offense and not more than $500
22-14 for each subsequent offense.
22-15 (c) Each day of a continuing violation constitutes a
22-16 separate offense.
22-17 Sec. 249.012. CIVIL PENALTY. (a) A person who violates
22-18 this chapter or who fails to comply with a rule adopted under this
22-19 chapter is liable for a civil penalty of not less than $100 or more
22-20 than $10,000 for each violation if the department determines the
22-21 violation threatens the health and safety of a patient.
22-22 (b) Each day of a continuing violation constitutes a
22-23 separate ground for recovery.
22-24 SECTION 23. Chapter 577, Health and Safety Code, is amended
22-25 by adding Section 577.0131 to read as follows:
22-26 Sec. 577.0131. INVESTIGATIONS OF ABUSE OR NEGLECT.
22-27 Notwithstanding other law, the department shall perform all powers
23-1 and duties relating to investigations of abuse or neglect of a
23-2 patient in a private mental hospital operated by a person other
23-3 than a political subdivision.
23-4 SECTION 24. Section 222.042, Health and Safety Code, is
23-5 amended to read as follows:
23-6 Sec. 222.042. Licensing of ICF-MR Beds and Facilities. The
23-7 department may not license or approve as meeting licensing
23-8 standards new ICF-MR beds or the expansion of an existing ICF-MR
23-9 facility unless<:>
23-10 <(1)> the new beds or the expansion was included in
23-11 the plan approved by the Health and Human Services Commission in
23-12 accordance with Section 533.062 <Interagency Council on ICF-MR
23-13 Facilities in accordance with Section 2.43, Texas Mental Health and
23-14 Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
23-15 Statutes); and>
23-16 <(2) the Texas Department of Mental Health and Mental
23-17 Retardation has approved the beds or the expansion for
23-18 certification in accordance with Section 2.44, Texas Mental Health
23-19 and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
23-20 Statutes)>.
23-21 SECTION 25. Section 533.062, Health and Safety Code, is
23-22 amended to read as follows:
23-23 Sec. 533.062. PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
23-24 RETARDATION <ICF-MR FACILITIES>. (a) The department shall
23-25 biennially develop a proposed <annually> plan on long-term care for
23-26 persons with mental retardation <for the creation of new beds in
23-27 the ICF-MR program>.
24-1 (b) The proposed plan must specify the capacity of the HCS
24-2 waiver program for persons with mental retardation and the number
24-3 and levels of new ICF-MR beds to be authorized <created> in each
24-4 region. In developing the proposed plan, the department shall
24-5 consider:
24-6 (1) the needs of the population to be served;
24-7 (2) projected appropriation amounts for the biennium
24-8 <the resources of the governmental entities responsible for
24-9 providing services>; and
24-10 (3) the requirements of applicable federal law.
24-11 (c) Each proposed plan shall cover the subsequent fiscal
24-12 biennium <year>. The department shall conduct a public hearing on
24-13 the proposed plan. Not later than July 1 of each even-numbered
24-14 year, the department shall submit the plan to the Health and Human
24-15 Services Commission <Interagency Council on ICF-MR Facilities> for
24-16 approval.
24-17 (d) The Health and Human Services Commission may modify the
24-18 proposed plan as necessary before its final approval. In
24-19 determining the appropriate number of ICF-MR facilities for persons
24-20 with a related condition, the department and the Health and Human
24-21 Services Commission shall consult with the Texas Department of
24-22 Human Services <The board by rule shall adopt the plan approved by
24-23 the Interagency Council on ICF-MR Facilities>.
24-24 (e) The Health and Human Services Commission shall submit
24-25 the proposed plan as part of the consolidated health and human
24-26 services budget recommendation required under Section 13, Article
24-27 4413(502), Revised Statutes <The department may submit to the
25-1 Interagency Council on ICF-MR Facilities proposed amendments to a
25-2 plan in operation that the department considers necessary>.
25-3 (f) After legislative action on the appropriation for
25-4 long-term care services for persons with mental retardation, the
25-5 Health and Human Services Commission shall adjust the plan to
25-6 ensure that the number of ICF-MR beds licensed or approved as
25-7 meeting license requirements and the capacity of the HCS waiver
25-8 program are within appropriated funding amounts.
25-9 (g) After any necessary adjustments, the Health and Human
25-10 Services Commission shall approve the final biennial plan and
25-11 publish the plan in the Texas Register.
25-12 (h) The department may submit proposed amendments to the
25-13 plan to the Health and Human Services Commission.
25-14 (i) In this section, "HCS waiver program" means services
25-15 under the state Medicaid home and community-based services waiver
25-16 program for persons with mental retardation adopted in accordance
25-17 with 42 U.S.C. Section 1396n(c).
25-18 SECTION 26. Section 533.083, Health and Safety Code, is
25-19 amended to read as follows:
25-20 Sec. 533.083. <CRITERIA FOR> EXPANSION, CLOSURE, OR
25-21 CONSOLIDATION OF FACILITY. (a) The department shall establish
25-22 objective criteria for determining when a new facility may be
25-23 needed and when a facility may be expanded, closed, or
25-24 consolidated.
25-25 (b) The department may not close or consolidate a state
25-26 school unless the closure or consolidation is expressly authorized
25-27 by an Act of the 73rd Legislature or a subsequent legislature.
26-1 SECTION 27. Section 402.0211(e), Government Code, is amended
26-2 to read as follows:
26-3 (e) This section does not apply to:
26-4 (1) the governor's office;
26-5 (2) an institution of higher education, as defined by
26-6 Section 61.003, Education Code;
26-7 (3) an agency expressly authorized by the General
26-8 Appropriations Act or other statute to hire or select legal
26-9 counsel;
26-10 (4) an agency governed by one or more elected
26-11 officials;
26-12 (5) an agency with a director appointed by the
26-13 governor;
26-14 (6) the Central Education Agency;
26-15 (7) the Department of Public Safety;
26-16 (8) the Employees Retirement System of Texas or the
26-17 Teacher Retirement System of Texas;
26-18 (9) the Parks and Wildlife Department;
26-19 (10) the State Board of Insurance;
26-20 (11) the Texas <State Highway and Public>
26-21 Transportation Commission or the Texas <State> Department of
26-22 <Highways and Public> Transportation;
26-23 (12) the Texas Department of Criminal Justice;
26-24 (13) the Texas Employment Commission;
26-25 (14) the Texas Higher Education Coordinating Board;
26-26 (15) the Texas Natural Resource Conservation
26-27 Commission;
27-1 (16) the Texas Workers' Compensation Commission; <or>
27-2 (17) the Texas Youth Commission; or
27-3 (18) the health and human services agencies listed by
27-4 Section 19, Article 4413(502), Revised Statutes.
27-5 SECTION 28. Chapter 22, Human Resources Code, is amended by
27-6 adding Section 22.0065 to read as follows:
27-7 Sec. 22.0065. ACCESS TO OTHER CRIMINAL HISTORY INFORMATION
27-8 RECORDS. (a) Subject to the availability of funds appropriated by
27-9 the legislature, the department is entitled to obtain criminal
27-10 history information records maintained by the Department of Public
27-11 Safety, the Federal Bureau of Investigation identification
27-12 division, or another law enforcement agency to investigate:
27-13 (1) an adult who lives with a person who provides or
27-14 applies to provide adoptive or foster care for a child in the care
27-15 of the department if the person lives or will live in the residence
27-16 in which the child will reside;
27-17 (2) a department employee who is engaged in the direct
27-18 delivery of protective services to an elderly person or a person
27-19 with a disability;
27-20 (3) a person who applies for a position with the
27-21 department the duties of which include direct delivery of
27-22 protective services to an elderly person or a person with a
27-23 disability;
27-24 (4) a person who is the subject of a report the
27-25 department receives alleging that the person has abused or
27-26 neglected a child; or
27-27 (5) a relative providing or applying to provide
28-1 in-home care for a child in the care of the department and other
28-2 adults living with that relative in the residence in which the
28-3 child will reside.
28-4 (b) The provisions of Section 22.006 apply to criminal
28-5 history information records requested or received by the department
28-6 under this section.
28-7 SECTION 29. Sections 73.002(a), (b), (g), and (h), Human
28-8 Resources Code, are amended to read as follows:
28-9 (a) The council is composed of three <one> lay members
28-10 <member> who are <is> the parents <parent> of <a> developmentally
28-11 delayed children <child> and one representative each from the Texas
28-12 Department of Health, the Texas Department of Mental Health and
28-13 Mental Retardation, the Texas Department of Human Services, <and>
28-14 the Central Education Agency, the Department of Protective and
28-15 Regulatory Services, and the Texas Commission on Alcohol and Drug
28-16 Abuse. The governor with the advice and consent of the senate
28-17 shall appoint the lay members <member>, and the commissioner,
28-18 director, or executive director of each agency shall appoint that
28-19 agency's representative. The agency representative should be a
28-20 person in the agency with administrative responsibility for the
28-21 supervision of early childhood intervention support staff or
28-22 related services.
28-23 (b) Members of the council serve for staggered six-year
28-24 terms, with the terms of three members expiring February 1 of each
28-25 odd-numbered year. If a member appointed by a state agency
28-26 terminates employment with the agency, the member's position
28-27 becomes vacant on the date of termination <A member appointed by an
29-1 agency serves for a term of two years or until the person
29-2 terminates employment with the agency, whichever occurs first. The
29-3 member appointed by the governor serves for a term of two years
29-4 expiring February 1 of every odd-numbered year>.
29-5 (g) <The council shall direct the Texas Department of Health
29-6 to allocate funds appropriated to the Texas Department of Health
29-7 under this chapter to each agency that assumes implementation
29-8 responsibilities.>
29-9 <(h)> The council shall develop a method for programs funded
29-10 under this chapter to respond to individual complaints regarding
29-11 services provided by the program.
29-12 SECTION 30. Section 73.006, Human Resources Code, is amended
29-13 to read as follows:
29-14 Sec. 73.006. Reimbursement and Staff Support. (a) Agency
29-15 representatives on the council are entitled to reimbursement for
29-16 expenses incurred in the performance of their council duties by the
29-17 appointing agencies in accordance with the travel provisions for
29-18 state employees in the General Appropriations Act. The lay members
29-19 described by Section 73.002(a) <member> and advisory committee
29-20 members are entitled to reimbursement from the council for actual
29-21 and necessary expenses incurred in the performance of council
29-22 duties, including reimbursement for child care or attendant care.
29-23 (b) The agencies represented on the council shall provide
29-24 staff support to the council. The agencies may provide staff
29-25 support to the committee.
29-26 (c) The council shall select and employ an early childhood
29-27 intervention administrator and other personnel necessary for the
30-1 administration of the council's duties <and shall direct the Texas
30-2 Department of Health to employ that person>.
30-3 SECTION 31. Sections 73.009(a) and (b), Human Resources
30-4 Code, are amended to read as follows:
30-5 (a) The council shall establish policies concerning <to
30-6 provide direction to the Texas Department of Health in performing
30-7 the> services described by this section. A child under six years
30-8 of age may be referred <to the Texas Department of Health> for
30-9 services described by this section if the child is:
30-10 (1) identified as developmentally delayed;
30-11 (2) suspected of being developmentally delayed; or
30-12 (3) considered at risk of developmental delay because
30-13 of certain biological or environmental factors.
30-14 (b) For each child referred, the council <Texas Department
30-15 of Health> shall:
30-16 (1) seek appropriate medical or developmental
30-17 screening or evaluation and if such screening services or
30-18 evaluation services are not available, the council <Texas
30-19 Department of Health> shall provide those services either directly
30-20 or by contract; and
30-21 (2) refer the child to a public or private program
30-22 that can meet the child's needs.
30-23 SECTION 32. Section 73.010(b), Human Resources Code, is
30-24 amended to read as follows:
30-25 (b) The council <Texas Department of Health> may charge fees
30-26 for services provided under this chapter.
30-27 SECTION 33. Section 73.011, Human Resources Code, is amended
31-1 to read as follows:
31-2 Sec. 73.011. Parent Counseling and Case Management. (a)
31-3 The council shall establish policies <to provide direction to the
31-4 Texas Department of Health> concerning the services described by
31-5 this section. For an eligible developmentally delayed child, the
31-6 council <Texas Department of Health> shall provide parent
31-7 counseling and case management services designed to:
31-8 (1) assist in the development of positive attitudes
31-9 and coping skills;
31-10 (2) provide objective information about alternatives
31-11 for securing direct services for the child;
31-12 (3) actively involve the case manager in procuring
31-13 needed services on the parent's behalf;
31-14 (4) actively involve the case manager in responding to
31-15 complaints about services procured through this process; and
31-16 (5) facilitate communication among providers serving
31-17 the child, including the primary physician.
31-18 (b) The services shall be provided before a child is placed
31-19 in an appropriate program. If the child is placed in a program
31-20 that meets the standards established by Section 73.019 <of this
31-21 code>, that program shall assume responsibility for providing
31-22 parent counseling and case management services following placement.
31-23 If the child is not placed in such a program, the council <Texas
31-24 Department of Health> shall continue to provide those services.
31-25 SECTION 34. Section 73.012, Human Resources Code, is amended
31-26 to read as follows:
31-27 Sec. 73.012. Monitoring. (a) The council shall develop
32-1 policies to <provide direction to the Texas Department of Health in
32-2 implementing a system to> ensure that the overall progress of an
32-3 eligible developmentally delayed child who receives services under
32-4 this chapter is monitored until the child enters the public school
32-5 system, including the monitoring of the parental counseling and
32-6 case management services.
32-7 (b) Periodic reevaluations shall be obtained as the council
32-8 <Texas Department of Health> considers necessary. If an original
32-9 placement no longer meets the child's needs, the council <Texas
32-10 Department of Health> shall provide additional referrals.
32-11 SECTION 35. Sections 73.013(a) and (c), Human Resources
32-12 Code, are amended to read as follows:
32-13 (a) The council shall develop policies for <to provide
32-14 direction to the Texas Department of Health in> providing
32-15 intervention services to an eligible developmentally delayed child
32-16 if the council <Texas Department of Health> is not able to place
32-17 the child in a program that meets the standards established by
32-18 Section 73.019 <of this code>.
32-19 (c) The council <Texas Department of Health> may either
32-20 directly provide the services needed to comply with the
32-21 requirements of this section or contract for the provision of the
32-22 services.
32-23 SECTION 36. Sections 73.014 and 73.015, Human Resources
32-24 Code, are amended to read as follows:
32-25 Sec. 73.014. Report. The agencies represented on the
32-26 council and the lay members <member> shall report to the council
32-27 any needs that are identified for the provision of early childhood
33-1 intervention services.
33-2 Sec. 73.015. New Program Strategy. The council shall
33-3 develop a strategy for establishing new programs to meet needs
33-4 identified by the agencies represented on the council and the lay
33-5 members <member> in accordance with Section 73.014 <of this code>.
33-6 SECTION 37. Sections 73.018(a) and (b), Human Resources
33-7 Code, are amended to read as follows:
33-8 (a) For each grant approved by the council, the council
33-9 shall <direct the Texas Department of Health to> allocate
33-10 appropriated funds for the program to the service provider in the
33-11 amount specified by the council.
33-12 (b) The council shall require the service provider to
33-13 execute a contract with the council <Texas Department of Health>
33-14 specifying the program standards and council guidelines that the
33-15 provider has agreed to meet.
33-16 SECTION 38. Section 73.019, Human Resources Code, is amended
33-17 to read as follows:
33-18 Sec. 73.019. Program Standards. Before a grant request for
33-19 a new program may be approved, a service provider must agree to
33-20 meet the following program standards:
33-21 (1) the program must be maintained within the
33-22 guidelines established by the council;
33-23 (2) the provider must ensure that for each child
33-24 served an individualized developmental plan is developed and is
33-25 based on a comprehensive developmental evaluation performed by an
33-26 interdisciplinary team with parent participation and periodic
33-27 review and reevaluation;
34-1 (3) the provider must provide services to meet the
34-2 unique needs of each child as indicated by the child's
34-3 individualized developmental plan;
34-4 (4) the provider must demonstrate a capability to
34-5 obtain or provide an array of services that must include:
34-6 (A) training, counseling, case management
34-7 services, and home visits for the parents of each child served;
34-8 (B) instruction or treatment based on an
34-9 individualized plan in the following areas of development:
34-10 cognitive, gross or fine motor, language or speech, social or
34-11 emotional, and self-help skills; and
34-12 (C) related services, including occupational
34-13 therapy, physical therapy, speech and language therapy, adaptive
34-14 equipment, transportation, and other therapies as needed or
34-15 prescribed;
34-16 (5) the provider must maintain a plan for in-service
34-17 personnel training;
34-18 (6) the provider must cooperate with the council's
34-19 <Texas Department of Health's> monitoring and case management
34-20 efforts;
34-21 (7) the provider must cooperate with the periodic
34-22 evaluation efforts of the council; and
34-23 (8) the provider must develop an approved method to
34-24 respond to individual complaints regarding services provided by a
34-25 program funded under this chapter in accordance with rules adopted
34-26 by the council.
34-27 SECTION 39. Section 73.021(b), Human Resources Code, is
35-1 amended to read as follows:
35-2 (b) If the council determines that a program is not meeting
35-3 a requirement that was agreed on as a condition for funding, the
35-4 council shall <notify the Texas Department of Health to> withhold
35-5 further funding for the program. If the council <Texas Department
35-6 of Health> discovers gross mismanagement of a program, the council
35-7 <department> may withhold further funding for the program <without
35-8 obtaining the council's prior approval>.
35-9 SECTION 40. Section 106.001, Human Resources Code, is
35-10 amended to read as follows:
35-11 Sec. 106.001. Definitions. In this chapter, "facility"
35-12 means:
35-13 (1) a nursing home, custodial care home, or other
35-14 institution licensed by the Texas Department of Health under
35-15 Chapter 242, Health and Safety Code;
35-16 (2) a personal care facility licensed by the Texas
35-17 Department of Health under Chapter 242, Health and Safety Code<, or
35-18 under Article 4442c-4, Revised Statutes, if S.B. No. 487, Acts of
35-19 the 71st Legislature, Regular Session, becomes law>;
35-20 (3) a home health agency licensed by the Texas
35-21 Department of Health under Chapter 142, Health and Safety Code;
35-22 (4) an adult day care facility or adult day health
35-23 care facility licensed by the Texas Department of Health under
35-24 Chapter 103 <of this code>;
35-25 (5) a facility for the mentally retarded licensed by
35-26 the Texas Department of Health; <or>
35-27 (6) an unlicensed attendant care agency that contracts
36-1 with the Texas Department of Human Services;
36-2 (7) an adult foster care provider that contracts with
36-3 the Texas Department of Human Services; or
36-4 (8) a medical transportation service provider that
36-5 contracts with the Texas Department of Human Services to provide
36-6 services to the elderly or persons with disabilities.
36-7 SECTION 41. Sections 34.22(b) and (c), Family Code, are
36-8 amended to read as follows:
36-9 (b) Each state agency shall notify the Department of
36-10 Protective and Regulatory Services <Office of Youth Care
36-11 Investigations> of each report of abuse or neglect it receives
36-12 under this subchapter relating to abuse or neglect in a facility
36-13 operated by the agency according to rules adopted by the
36-14 department.
36-15 (c) Each state agency shall adopt rules relating to the
36-16 investigation and resolution of reports received under this
36-17 subchapter. The Health and Human Services Commission <Office of
36-18 Youth Care Investigations> shall review and approve such rules to
36-19 ensure that all agencies implement appropriate standards for the
36-20 conduct of investigations and that uniformity exists among agencies
36-21 in the investigation and resolution of reports.
36-22 SECTION 42. Section 34.23, Family Code, is amended by
36-23 amending Subsection (b) and adding Subsection (d) to read as
36-24 follows:
36-25 (b) If the investigation relates to a report of abuse or
36-26 neglect in a facility operated by a state agency, the agency shall
36-27 submit a copy of the report to the Department of Protective and
37-1 Regulatory Services <Office of Youth Care Investigations>.
37-2 (d) A state agency that licenses, certifies, or registers a
37-3 facility in which children are located shall compile, maintain, and
37-4 make available statistics on the incidence of child abuse and
37-5 neglect in a facility the agency licenses, regulates, or certifies.
37-6 The Department of Protective and Regulatory Services shall compile,
37-7 maintain, and make available statistics on the incidence of child
37-8 abuse and neglect in a facility operated by a state agency.
37-9 SECTION 43. Section 34.24, Family Code, is amended to read
37-10 as follows:
37-11 Sec. 34.24. COMPLAINTS. (a) If a state agency receives a
37-12 complaint relating to an investigation conducted by the agency
37-13 concerning a facility operated by that agency in which children are
37-14 located, the agency shall refer the complaint to its board <the
37-15 Office of Youth Care Investigations>.
37-16 (b) The board of a state agency that operates a facility in
37-17 which children are located shall ensure that the procedure for
37-18 investigating abuse and neglect allegations and inquiries in the
37-19 agency's facility is periodically reviewed under the agency's
37-20 internal audit program required by the Texas Internal Auditing Act
37-21 (Article 6252-5d, Vernon's Texas Civil Statutes).
37-22 SECTION 44. Section 5.341(b), State Purchasing and General
37-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
37-24 amended to read as follows:
37-25 (b) In this section, "health and human service agency" means
37-26 the:
37-27 (1) Interagency Council on Early Childhood
38-1 Intervention Services;
38-2 (2) Texas Department on Aging;
38-3 (3) Texas Commission on Alcohol and Drug Abuse;
38-4 (4) Texas Commission for the Blind;
38-5 (5) Texas Commission for the Deaf and Hearing
38-6 Impaired;
38-7 (6) Texas Department of Health;
38-8 (7) Texas Department of Human Services;
38-9 (8) Texas Juvenile Probation Commission;
38-10 (9) Texas Department of Mental Health and Mental
38-11 Retardation;
38-12 (10) Texas Rehabilitation Commission; and
38-13 (11) Department of Protective and Regulatory Services
38-14 <Texas Youth Commission>.
38-15 SECTION 45. Section 6.031(b), State Purchasing and General
38-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
38-17 amended to read as follows:
38-18 (b) In this section, "health and human service agency" means
38-19 the:
38-20 (1) Interagency Council on Early Childhood
38-21 Intervention Services;
38-22 (2) Texas Department on Aging;
38-23 (3) Texas Commission on Alcohol and Drug Abuse;
38-24 (4) Texas Commission for the Blind;
38-25 (5) Texas Commission for the Deaf and Hearing
38-26 Impaired;
38-27 (6) Texas Department of Health;
39-1 (7) Texas Department of Human Services;
39-2 (8) Texas Juvenile Probation Commission;
39-3 (9) Texas Department of Mental Health and Mental
39-4 Retardation;
39-5 (10) Texas Rehabilitation Commission; and
39-6 (11) Department of Protective and Regulatory Services
39-7 <Texas Youth Commission>.
39-8 SECTION 46. Section 2(3), Texas Nursing Home Administrators
39-9 Licensure Act (Article 4442d, Vernon's Texas Civil Statutes), is
39-10 amended to read as follows:
39-11 (3) "nursing home" means any institution or facility
39-12 <now or hereafter> licensed as a "nursing home" or "custodial care
39-13 home" <by the Texas State Department of Public Health> under the
39-14 provisions of Chapter 242, Health and Safety Code;
39-15 SECTION 47. Section 3(c), Chapter 65, Acts of the 41st
39-16 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
39-17 Texas Civil Statutes), is amended to read as follows:
39-18 (c) The board shall issue a barber shop permit to an
39-19 applicant who holds a valid class A barber license and whose shop
39-20 meets the minimum health standards for barber shops as promulgated
39-21 by the Texas <State> Department of <Public> Health and all rules
39-22 and regulations of the board.
39-23 SECTION 48. This Act does not affect the transfer to the
39-24 Health and Human Services Commission of the powers and duties of a
39-25 state agency that formerly exercised jurisdiction over an activity
39-26 transferred to the commission under Chapter 15, Acts of the 72nd
39-27 Legislature, 1st Called Session, 1991.
40-1 SECTION 49. (a) On September 1, 1993, all functions,
40-2 programs, activities, funds, obligations, contracts, property, and
40-3 records related to the Services for Runaways and At-Risk Youth
40-4 program are transferred from the Texas Department of Human Services
40-5 to the Department of Protective and Regulatory Services.
40-6 (b) A rule or form adopted by the Texas Department of Human
40-7 Services for the Services for Runaways and At-Risk Youth program
40-8 that relates to a function, program, or activity transferred by
40-9 this Act from the Texas Department of Human Services to the
40-10 Department of Protective and Regulatory Services is a rule or form
40-11 of the Department of Protective and Regulatory Services and remains
40-12 in effect until altered by that department.
40-13 SECTION 50. In accordance with Section 104.0115, Health and
40-14 Safety Code, as added by this Act, the governor shall appoint seven
40-15 members of the statewide health coordinating council to terms
40-16 expiring August 31, 1995, seven members to terms expiring August
40-17 31, 1997, and seven members to terms expiring August 31, 1999.
40-18 SECTION 51. (a) All records, personnel, property, and
40-19 unobligated and unexpended appropriations of the Interagency
40-20 Council on Early Childhood Intervention Services are transferred
40-21 from the Texas Department of Health to the council.
40-22 (b) Any rule of the Texas Department of Health regarding the
40-23 council or its functions that exists at the time this Act takes
40-24 effect is continued in effect until superseded by a rule of the
40-25 council.
40-26 (c) A person who is serving a term as a member of the
40-27 advisory committee at the time this Act takes effect is entitled to
41-1 serve for the remainder of the term for which the person was
41-2 appointed.
41-3 (d) The terms of all members of the council expire February
41-4 1, 1995. At that time, in accordance with Section 73.002(b), Human
41-5 Resources Code, as amended by this Act, the governor shall appoint
41-6 one lay member to a term expiring February 1, 1997, one lay member
41-7 to a term expiring February 1, 1999, and one lay member to a term
41-8 expiring February 1, 2001. At that time, in accordance with
41-9 Section 73.002(b), Human Resources Code, as amended by this Act:
41-10 (1) the Central Education Agency and the Department of
41-11 Protective and Regulatory Services shall appoint their respective
41-12 members to serve terms expiring February 1, 1997;
41-13 (2) the Texas Department of Health and the Texas
41-14 Commission on Alcohol and Drug Abuse shall appoint their respective
41-15 members to serve terms expiring February 1, 1999; and
41-16 (3) the Texas Department of Human Services and the
41-17 Texas Department of Mental Health and Mental Retardation shall
41-18 appoint their respective members to serve terms expiring February
41-19 1, 2001.
41-20 SECTION 52. (a) The Office of Youth Care Investigations
41-21 established by Subchapter B, Chapter 34, Family Code, is abolished.
41-22 (b) Sections 34.21 and 34.25, Family Code, are repealed.
41-23 SECTION 53. (a) On September 1, 1993, all functions,
41-24 programs, activities, funds, obligations, contracts, property, and
41-25 records related to the Office of Youth Care Investigations are
41-26 transferred to the Department of Protective and Regulatory
41-27 Services.
42-1 (b) A rule or form adopted by the Office of Youth Care
42-2 Investigations that relates to a function, program, or activity
42-3 transferred by this Act to the Department of Protective and
42-4 Regulatory Services is a rule or form of the Department of
42-5 Protective and Regulatory Services and remains in effect until
42-6 altered by the department.
42-7 SECTION 54. Section 533.061, Health and Safety Code, is
42-8 repealed.
42-9 SECTION 55. (a) Not later than October 1, 1993, the Texas
42-10 Department of Mental Health and Mental Retardation shall submit to
42-11 the Health and Human Services Commission the proposed plan for the
42-12 1994-1995 biennium as required by Section 533.062, Health and
42-13 Safety Code, as amended by this Act.
42-14 (b) In addition to the changes in law made by this Act
42-15 relating to the provision of services to persons with mental
42-16 retardation, this Act conforms certain provisions of the Health and
42-17 Safety Code relating to the provision of those services to changes
42-18 in the law made by Section 1, Chapter 248, Acts of the 72nd
42-19 Legislature, Regular Session, 1991.
42-20 (c) Section 1, Chapter 248, Acts of the 72nd Legislature,
42-21 Regular Session, 1991, is repealed.
42-22 (d) This Act does not affect the transfer of powers, duties,
42-23 rights, and obligations of the Texas Department of Health to the
42-24 Texas Department of Human Services or another agency as prescribed
42-25 by Section 1.11, Chapter 15, Acts of the 72nd Legislature, 1st
42-26 Called Session, 1991, or by any other law.
42-27 SECTION 56. (a) Chapter 107, Health and Safety Code, and
43-1 Chapter 136, Human Resources Code, are repealed.
43-2 (b) On the effective date of this Act, all records,
43-3 property, and equipment in the possession of the Council on
43-4 Minority Health Affairs shall be transferred to the office of
43-5 minority health.
43-6 (c) The office of minority health shall use all paper and
43-7 forms transferred from the Council on Minority Health Affairs
43-8 before ordering or purchasing new paper and forms.
43-9 SECTION 57. A reference in Chapter 34, Family Code, to the
43-10 Texas Department of Human Services is a reference to the Department
43-11 of Protective and Regulatory Services.
43-12 SECTION 58. The following are repealed:
43-13 (1) Section 1.16, Chapter 15, Acts of the 72nd
43-14 Legislature, 1st Called Session, 1991;
43-15 (2) Article 4413(504), Revised Statutes;
43-16 (3) Section 22.001(e), Human Resources Code; and
43-17 (4) Section 52.002, Human Resources Code.
43-18 SECTION 59. This Act takes effect September 1, 1993.
43-19 SECTION 60. The importance of this legislation and the
43-20 crowded condition of the calendars in both houses create an
43-21 emergency and an imperative public necessity that the
43-22 constitutional rule requiring bills to be read on three several
43-23 days in each house be suspended, and this rule is hereby suspended.