H.B. No. 1510
    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, the Texas Department of Mental
    1-5  Health and Mental Retardation, and other health and human services
    1-6  agencies, to the statewide health coordinating council, and to the
    1-7  Interagency Council on Early Childhood Intervention Services;
    1-8  providing civil and criminal penalties.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 1.06(c), Chapter 15, Acts of the 72nd
   1-11  Legislature, 1st Called Session, 1991, is amended to read as
   1-12  follows:
   1-13        (c)  On September 1, 1993, or an earlier date provided by an
   1-14  interagency agreement with the affected agencies, the following
   1-15  functions, programs, and activities are transferred from the Texas
   1-16  Department of Human Services to the Department of Protective and
   1-17  Regulatory Services:
   1-18              (1)  <except as provided in Section 1.11 of this
   1-19  article, from the Texas Department of Health:>
   1-20                    <(A)  investigations of abuse and neglect in
   1-21  long-term care facilities;>
   1-22                    <(B)  functions, programs, and activities
   1-23  concerning institutions other than long-term care facilities; and>
   1-24                    <(C)  the institutional component of licensing
    2-1  and certification activity other than long-term care facilities;>
    2-2              <(2)  from the Texas Department of Human Services:>
    2-3                    <(A)>  the adult protective services program,
    2-4  including investigations and client services; and
    2-5              (2) <(B)>  activity concerning licensure of child care
    2-6  facilities.
    2-7        SECTION 2.  Section 1.07, Chapter 15, Acts of the 72nd
    2-8  Legislature, 1st Called Session, 1991, is amended to read as
    2-9  follows:
   2-10        Sec. 1.07.  TRANSFER OF PROPERTY, RECORDS, OBLIGATIONS,
   2-11  FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO THE TEXAS DEPARTMENT
   2-12  OF <PUBLIC> HEALTH.  (a)  On September 1, 1993, or an earlier date
   2-13  provided by an interagency agreement with the affected agencies,
   2-14  the following functions, programs, and activities are transferred
   2-15  to the Texas Department of <Public> Health established under
   2-16  Chapter 11, Health and Safety Code:
   2-17              (1)  from the Texas Department of Human Services:
   2-18                    (A)  preventive health services programs;
   2-19                    (B)  early and periodic screening and diagnosis
   2-20  and treatment;
   2-21                    (C)  family planning;
   2-22                    (D)  the purchased health services program; and
   2-23                    (E)  the indigent health care program; and
   2-24              (2)  <from the Texas Department of Health:>
   2-25                    <(A)  the community and rural health program,
   2-26  including colonias;>
   2-27                    <(B)  the disease prevention program;>
    3-1                    <(C)  vital statistics activity;>
    3-2                    <(D)  milk and dairy activity;>
    3-3                    <(E)  food and drug activity;>
    3-4                    <(F)  shellfish sanitation activity;>
    3-5                    <(G)  zoonosis control activity;>
    3-6                    <(H)  cooperative meat inspection activity;>
    3-7                    <(I)  general sanitation activity;>
    3-8                    <(J)  maternal and child health activity;>
    3-9                    <(K)  women, infants, and children activity;>
   3-10                    <(L)  epilepsy activity;>
   3-11                    <(M)  chronic disease prevention and control
   3-12  activity;>
   3-13                    <(N)  primary care activity;>
   3-14                    <(O)  dental health activity;>
   3-15                    <(P)  activity of the Texas Diabetes Council;>
   3-16                    <(Q)  all programs of the San Antonio State Chest
   3-17  Hospital;>
   3-18                    <(R)  all programs of the South Texas Hospital;>
   3-19                    <(S)  chronically ill and disabled children
   3-20  activity;>
   3-21                    <(T)  children's outreach heart activity;>
   3-22                    <(U)  kidney health care activity; and>
   3-23                    <(V)  adult hemophilia activity; and>
   3-24              <(3)>  from the Texas Department of Mental Health and
   3-25  Mental Retardation the genetics screening and counseling program.
   3-26        (b)  On September 1, 1993, or an earlier date provided by an
   3-27  interagency agreement with the affected agencies, all funds,
    4-1  obligations, and contracts of an entity listed in Subsection (a) of
    4-2  this section related to a function, program, or activity
    4-3  transferred under that subsection are transferred to the Texas
    4-4  Department of <Public> Health established under Chapter 11, Health
    4-5  and Safety Code.
    4-6        (c)  On September 1, 1993, or an earlier date provided by an
    4-7  interagency agreement with the affected agencies, all property and
    4-8  records in the custody of an entity listed in Subsection (a) of
    4-9  this section related to a function, program, or activity
   4-10  transferred under that subsection and all funds appropriated by the
   4-11  legislature for the function, program, or activity shall be
   4-12  transferred to the Texas Department of <Public> Health established
   4-13  under Chapter 11, Health and Safety Code.
   4-14        (d)  On September 1, 1993, or an earlier date provided by an
   4-15  interagency agreement with the affected agencies, all employees of
   4-16  an entity listed in Subsection (a) of this section who perform the
   4-17  duties transferred under that subsection become employees of the
   4-18  Texas Department of <Public> Health, to be assigned duties by the
   4-19  director of the Texas Department of <Public> Health established
   4-20  under Chapter 11, Health and Safety Code.
   4-21        (e)  A rule or form adopted by an entity listed in Subsection
   4-22  (a) of this section that relates to a function, program, or
   4-23  activity transferred under that subsection is a rule or form of the
   4-24  Texas Department of <Public> Health established under Chapter 11,
   4-25  Health and Safety Code, and remains in effect until altered by the
   4-26  department.  The secretary of state is authorized to adopt rules as
   4-27  necessary to expedite the implementation of this section.
    5-1        SECTION 3.  Section 1.11, Chapter 15, Acts of the 72nd
    5-2  Legislature, 1st Called Session, 1991, is amended to read as
    5-3  follows:
    5-4        Sec. 1.11.  TRANSFER OF CERTAIN LONG-TERM CARE FUNCTIONS TO
    5-5  THE TEXAS DEPARTMENT OF HUMAN SERVICES.  Not later than September
    5-6  1, 1993, all functions, powers, duties, funds, and obligations of
    5-7  the Texas Department of Health relating to long-term care
    5-8  licensing, certification, and surveys, and to investigations of
    5-9  abuse and neglect in long-term care facilities, and all employees
   5-10  who perform these duties and all relevant records are transferred
   5-11  to the Texas Department of Human Services.  A rule, form, or policy
   5-12  relating to these functions is a rule, form, or policy of the Texas
   5-13  Department of Human Services on transfer of the functions under
   5-14  this section and remains in effect until altered by the department,
   5-15  except that not later than January 1, 1995, the department shall
   5-16  review and streamline all rules, forms, policies, and procedures
   5-17  relating to these functions to eliminate overlapping or unnecessary
   5-18  systems, programs, punitive actions, and functions.  The intent of
   5-19  the legislature is that all regulation and rate setting for
   5-20  long-term care facilities be consolidated into a single state
   5-21  agency.  The secretary of state is authorized to adopt rules as
   5-22  necessary to expedite the implementation of this section.
   5-23        SECTION 4.  Section 3.03(d), Chapter 15, Acts of the 72nd
   5-24  Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
   5-25  Texas Civil Statutes), is amended to read as follows:
   5-26        (d)  In this section, "health and human service agency" means
   5-27  the:
    6-1              (1)  Interagency Council on Early Childhood
    6-2  Intervention Services;
    6-3              (2)  Texas Department on Aging;
    6-4              (3)  Texas Commission on Alcohol and Drug Abuse;
    6-5              (4)  Texas Commission for the Blind;
    6-6              (5)  Texas Commission for the Deaf and Hearing
    6-7  Impaired;
    6-8              (6)  Texas Department of Health;
    6-9              (7)  Texas Department of Human Services;
   6-10              (8)  Texas Juvenile Probation Commission;
   6-11              (9)  Texas Department of Mental Health and Mental
   6-12  Retardation;
   6-13              (10)  Texas Rehabilitation Commission; and
   6-14              (11)  Department of Protective and Regulatory Services
   6-15  <Texas Youth Commission>.
   6-16        SECTION 5.  Section 3.08(c), Chapter 15, Acts of the 72nd
   6-17  Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
   6-18  Texas Civil Statutes), is amended to read as follows:
   6-19        (c)  In this section, "health and human service agencies"
   6-20  includes the:
   6-21              (1)  Interagency Council on Early Childhood
   6-22  Intervention Services;
   6-23              (2)  Texas Department on Aging;
   6-24              (3)  Texas Commission on Alcohol and Drug Abuse;
   6-25              (4)  Texas Commission for the Blind;
   6-26              (5)  Texas Commission for the Deaf and Hearing
   6-27  Impaired;
    7-1              (6)  Texas Department of Health;
    7-2              (7)  Texas Department of Human Services;
    7-3              (8)  Texas Juvenile Probation Commission;
    7-4              (9)  Texas Department of Mental Health and Mental
    7-5  Retardation;
    7-6              (10)  Texas Rehabilitation Commission; and
    7-7              (11)  Department of Protective and Regulatory Services
    7-8  <Texas Youth Commission>.
    7-9        SECTION 6.  Section 4, Article 4413(502), Revised Statutes,
   7-10  is amended to read as follows:
   7-11        Sec. 4.  <OPEN MEETINGS;> ADMINISTRATIVE PROCEDURE.  The
   7-12  commission is subject to <the open meetings law, Chapter 271, Acts
   7-13  of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
   7-14  Vernon's Texas Civil Statutes), and> the Administrative Procedure
   7-15  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   7-16  Statutes).
   7-17        SECTION 7.  Section 10(a), Article 4413(502), Revised
   7-18  Statutes, is amended to read as follows:
   7-19        (a)  The commissioner shall develop a coordinated, six-year
   7-20  strategic plan for health and human services in the state and shall
   7-21  update the plan biennially.  The commissioner shall submit <the
   7-22  initial plan and> each <subsequent> biennial update of the plan to
   7-23  the governor, lieutenant governor, and speaker of the house of
   7-24  representatives no later than October 1 <15> of each even-numbered
   7-25  year<, with the initial plan submitted no later than October 15,
   7-26  1992>.
   7-27        SECTION 8.  Section 13(a), Article 4413(502), Revised
    8-1  Statutes, is amended to read as follows:
    8-2        (a)  The commission shall prepare and submit to the
    8-3  Legislative Budget Board and the governor by October 15 <1> of
    8-4  even-numbered years a consolidated health and human services budget
    8-5  recommendation.
    8-6        SECTION 9.  Section 19, Article 4413(502), Revised Statutes,
    8-7  is amended to read as follows:
    8-8        Sec. 19.  Health and Human Services Agencies.  In this
    8-9  article, "health and human services agencies" includes the:
   8-10              (1)  Interagency Council on Early Childhood
   8-11  Intervention Services;
   8-12              (2)  Texas Department on Aging;
   8-13              (3)  Texas Commission on Alcohol and Drug Abuse;
   8-14              (4)  Texas Commission for the Blind;
   8-15              (5)  Texas Commission for the Deaf and Hearing
   8-16  Impaired;
   8-17              (6)  Texas Department of Health;
   8-18              (7)  Texas Department of Human Services;
   8-19              (8)  Texas Juvenile Probation Commission;
   8-20              (9)  Texas Department of Mental Health and Mental
   8-21  Retardation;
   8-22              (10)  Texas Rehabilitation Commission; and
   8-23              (11)  Department of Protective and Regulatory Services
   8-24  <Texas Youth Commission>.
   8-25        SECTION 10.  Article 4413(502), Revised Statutes, is amended
   8-26  by adding Sections 20 and 21 to read as follows:
   8-27        Sec. 20.  GIFTS AND GRANTS.  The commission may accept gifts
    9-1  and grants from public or private sources to perform any of its
    9-2  powers or duties.
    9-3        Sec. 21.  CONTRACTS; POWERS.  The commission may enter into
    9-4  contracts as necessary to perform any of its powers or duties and
    9-5  has all the powers and duties necessary to administer this article.
    9-6        SECTION 11.  Section 3, Article 4413(503), Revised Statutes,
    9-7  is amended by adding Subsection (j) to read as follows:
    9-8        (j)  While performing their duties, board members are
    9-9  entitled to per diem as prescribed by the General Appropriations
   9-10  Act.
   9-11        SECTION 12.  Section 12, Article 4413(503), Revised Statutes,
   9-12  is amended to read as follows:
   9-13        Sec. 12.  DEPARTMENT POWERS AND DUTIES.  (a)  The department
   9-14  shall:
   9-15              (1)  develop a departmental strategic plan based on the
   9-16  goals and priorities stated in the commission's coordinated
   9-17  strategic plan for health and human services;
   9-18              (2)  submit any legislative appropriation request to
   9-19  the commission for comment and for incorporation in the
   9-20  commission's statewide health and human services budget
   9-21  recommendations in keeping with state priorities and federal
   9-22  requirements;
   9-23              (3)  propose and implement service delivery standards
   9-24  for departmental programs;
   9-25              (4)  propose and adopt rules to ensure the department's
   9-26  compliance with state and federal law and to facilitate the
   9-27  implementation of departmental programs;
   10-1              (5)  provide training and technical assistance to
   10-2  regional and local service providers;
   10-3              (6)  develop and implement systems for monitoring
   10-4  departmental program performance and service delivery;
   10-5              (7)  promote innovative service delivery at the local
   10-6  level;
   10-7              (8)  cooperate and coordinate with other departments in
   10-8  the delivery of services; and
   10-9              (9)  perform other functions as required by law.
  10-10        (b)  The department shall operate a program entitled
  10-11  "Services for Runaways and At-Risk Youth" to provide services for
  10-12  runaways, truants, and other children who are considered at risk of
  10-13  running away from home or at risk of suffering abuse or neglect and
  10-14  for the families of those children.  The services may include
  10-15  crisis family intervention, emergency short-term residential care,
  10-16  family counseling, parenting skills training, and youth coping
  10-17  skills training.
  10-18        (c)  The department and the Texas Department of Mental Health
  10-19  and Mental Retardation shall adopt companion rules providing for
  10-20  the disposition of corrective action recommendations made by the
  10-21  department concerning findings of abuse or neglect in facilities of
  10-22  the Texas Department of Mental Health and Mental Retardation.
  10-23        SECTION 13.  Article 4413(503), Revised Statutes, is amended
  10-24  by adding Sections 14 and 15 to read as follows:
  10-25        Sec. 14.  GIFTS AND GRANTS.  The department may accept gifts
  10-26  and grants from public or private sources to perform any of its
  10-27  powers or duties.
   11-1        Sec. 15.  CONTRACTS.  The department may enter into contracts
   11-2  as necessary to perform any of its powers or duties.
   11-3        SECTION 14.  Section 2, Article 4413(701), Revised Statutes,
   11-4  is amended to read as follows:
   11-5        Sec. 2.  Powers and Duties.  (a)  The Health and Human
   11-6  Services Transportation and Planning Office shall:
   11-7              (1)  collect data on health and human services client
   11-8  transportation needs, services, and expenditures;
   11-9              (2)  create a statewide coordination plan regarding a
  11-10  system of transportation for clients of health and human services
  11-11  agencies including the designation of locally based transportation
  11-12  coordinators;
  11-13              (3)  establish standards of reporting and accounting
  11-14  methods for all agencies providing health and human services client
  11-15  transportation;
  11-16              (4)  maximize federal funds for client transportation
  11-17  through the use of available state funds for matching purposes and
  11-18  the possible use of oil overcharge money and planning funds
  11-19  available through the federal Department of Transportation;
  11-20              (5)  evaluate the effectiveness of pooling client
  11-21  transportation resources for purposes of capital acquisition and
  11-22  the joint purchase of liability insurance;
  11-23              (6)  assist state agencies in coordinating
  11-24  transportation resources;
  11-25              (7)  ensure coordination between the Health and Human
  11-26  Services Transportation and Planning Office and the State
  11-27  Department of Highways and Public Transportation with regard to the
   12-1  use of funds received by the State Department of Highways and
   12-2  Public Transportation under 49 U.S.C. Section 1612(b)(1);
   12-3              (8)  examine the feasibility of consolidating all
   12-4  funding for health and human services client transportation and
   12-5  creating a transportation system through which clients of any state
   12-6  or local agency or program could be matched with the most
   12-7  cost-effective and appropriate transportation services for their
   12-8  needs; <and>
   12-9              (9)  evaluate the use of existing computer software for
  12-10  use at the local level in client transportation services; and
  12-11              (10)  review the feasibility of taking medical care to
  12-12  those in need, including the use of mobile clinics, and review the
  12-13  possibility of using federal highway funds for those transportation
  12-14  needs.
  12-15        (b)  The Health and Human Services Transportation and
  12-16  Planning Office shall coordinate with the Health and Human Services
  12-17  Commission and health and human services agencies in implementing
  12-18  the goals listed in Section 10(b), Article 4413(502), Revised
  12-19  Statutes.  The office shall report its findings and proposals to
  12-20  the commissioner of health and human services not later than
  12-21  September 1 of each even-numbered year.
  12-22        SECTION 15.  Sections 11.001, 11.004-11.007, 11.010, and
  12-23  11.011, Health and Safety Code, are amended to read as follows:
  12-24        Sec. 11.001.  Definitions.  In this title:
  12-25              (1)  "Board" means the Texas Board of Health.
  12-26              (2)  "Commissioner" means the commissioner of public
  12-27  health.
   13-1              (3)  "Department" means the Texas Department of Health.
   13-2        Sec. 11.004.  Composition and Responsibility of Department.
   13-3  (a)  The department is composed of the board,<:>
   13-4              <(1)>  the commissioner,<;>
   13-5              <(2)>  an administrative staff,<;>
   13-6              <(3)>  the San Antonio State Chest Hospital,<; and>
   13-7              <(4)>  the South Texas Hospital, and other officers and
   13-8  employees necessary to perform efficiently its powers and duties.
   13-9        (b)  The department is the state agency with primary
  13-10  responsibility for providing health services, including:
  13-11              (1)  disease prevention;
  13-12              (2)  health promotion;
  13-13              (3)  indigent health care;
  13-14              (4)  certain acute care services;
  13-15              (5)  health care facility regulation, excluding
  13-16  long-term care facilities;
  13-17              (6)  licensing of certain health professions; and
  13-18              (7)  other health-related services as provided by law.
  13-19        Sec. 11.005.  Composition of Board.  (a)  The board is
  13-20  composed of six <the following 18> members appointed by the
  13-21  governor with the advice and consent of the senate<:>
  13-22              <(1)  six physicians licensed under the laws of this
  13-23  state, each of whom has been engaged in the practice of medicine in
  13-24  this state for at least five years before appointment and one of
  13-25  whom specializes in the treatment of disabled children;>
  13-26              <(2)  two hospital administrators with at least five
  13-27  years of experience in hospital administration in this state before
   14-1  appointment;>
   14-2              <(3)  one dentist licensed under the laws of this state
   14-3  who has been engaged in the practice of dentistry in this state for
   14-4  at least five years before appointment;>
   14-5              <(4)  one registered nurse licensed to practice
   14-6  professional nursing under the laws of this state who has been
   14-7  engaged in the practice of nursing in this state for at least five
   14-8  years before appointment;>
   14-9              <(5)  one veterinarian licensed under the laws of this
  14-10  state who has been engaged in the practice of veterinary medicine
  14-11  in this state for at least five years before appointment;>
  14-12              <(6)  one pharmacist licensed under the laws of this
  14-13  state who has been engaged in the practice of pharmacy in this
  14-14  state for at least five years before appointment;>
  14-15              <(7)  one nursing home administrator licensed under the
  14-16  laws of this state who has been engaged as a nursing home
  14-17  administrator in this state for at least five years before
  14-18  appointment;>
  14-19              <(8)  one optometrist licensed under the laws of this
  14-20  state who has been engaged in the practice of optometry in this
  14-21  state for at least five years before appointment;>
  14-22              <(9)  one professional engineer licensed under the laws
  14-23  of this state who holds a civil engineering degree from an
  14-24  accredited university or college and who has specialized in the
  14-25  practice of sanitary engineering in this state for at least five
  14-26  years before appointment;>
  14-27              <(10)  one doctor of chiropractic licensed under the
   15-1  laws of this state who has been engaged in the practice of
   15-2  chiropractic in this state for at least five years before
   15-3  appointment; and>
   15-4              <(11)  two public members who have none of the
   15-5  qualifications required of the other members>.
   15-6        (b)  Appointments to the board shall be made without regard
   15-7  to the race, color, handicap, sex, religion, age, or national
   15-8  origin of the appointees.
   15-9        (c)  Four members of the board must have a demonstrated
  15-10  interest in the services provided by the department, and two
  15-11  members must represent the public.
  15-12        Sec. 11.006.  Restrictions on Board Appointment, Membership,
  15-13  and Employment.  (a)  A person is not eligible for appointment as a
  15-14  public member of the board if the person or the person's spouse:
  15-15              (1)  <is registered, certified, or licensed by an
  15-16  occupational regulatory agency in the field of health care;>
  15-17              <(2)>  is employed by or participates in the management
  15-18  of a business entity or other organization regulated by the
  15-19  department or receiving funds from the department;
  15-20              (2) <(3)>  owns, controls, or has, directly or
  15-21  indirectly, more than a 10 percent interest in a business entity or
  15-22  other organization regulated by the department or receiving funds
  15-23  from the department; or
  15-24              (3) <(4)>  uses or receives a substantial amount of
  15-25  tangible goods, services, or funds from the department.
  15-26        (b)  An officer, employee, or paid consultant of a trade
  15-27  association in the field of health care may not be a member or
   16-1  employee of the board.
   16-2        (c)  A person who is the spouse of an officer, managerial
   16-3  employee, or paid consultant of a trade association in the field of
   16-4  health care may not be a board member or a board employee grade 17
   16-5  or over, including exempt employees, according to the position
   16-6  classification schedule under the General Appropriations Act.
   16-7        (d)  A person may not serve as a member of the board or act
   16-8  as the general counsel to the board if the person is required to
   16-9  register as a lobbyist under Chapter 305, Government Code, because
  16-10  of the person's activities for compensation on behalf of a
  16-11  profession related to the operation of the board.
  16-12        Sec. 11.007.  Terms.  Board members serve for staggered
  16-13  six-year terms, with the terms of two <six> members expiring
  16-14  February 1 of each odd-numbered year.
  16-15        Sec. 11.010.  PER DIEM; REIMBURSEMENT FOR EXPENSES.  A board
  16-16  member receives no fixed salary but is entitled to receive:
  16-17              (1)  a per diem as prescribed by the General
  16-18  Appropriations Act <$50 per day> for each day spent in performing
  16-19  the member's official duties <attending board meetings>; and
  16-20              (2)  reimbursement for travel expenses and other
  16-21  necessary expenses incurred in performing official duties.
  16-22        Sec. 11.011.  Meetings.  (a)  The board shall meet in the
  16-23  city of Austin or in other places fixed by the board.
  16-24        (b)  The board shall meet at least once each calendar quarter
  16-25  on dates determined by the board and shall hold special meetings at
  16-26  the call of the chairman.  The chairman shall give timely notice to
  16-27  each member of any special meeting.
   17-1        (c)  A meeting of a board committee shall be held in
   17-2  compliance with the open meetings law, Chapter 271, Acts of the
   17-3  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   17-4  Texas Civil Statutes).
   17-5        (d)  Four members of the board constitute a quorum.
   17-6        SECTION 16.  Section 11.012(f), Health and Safety Code, is
   17-7  amended to read as follows:
   17-8        (f)  The board may supplement the salary of the commissioner
   17-9  with the approval of the governor.  The salary may not exceed 1.5
  17-10  times the salary of the governor, from funds appropriated to the
  17-11  department.  The use of funds from other sources are not limited by
  17-12  this subsection.
  17-13        SECTION 17.  Chapter 12, Health and Safety Code, is amended
  17-14  by adding Subchapter G to read as follows:
  17-15               SUBCHAPTER G.  OFFICE OF MINORITY HEALTH
  17-16        Sec. 12.081.  OFFICE OF MINORITY HEALTH.  The department
  17-17  shall establish and maintain an office of minority health in the
  17-18  department to:
  17-19              (1)  assume a leadership role in working or contracting
  17-20  with state and federal agencies, universities, private interest
  17-21  groups, communities, foundations, and offices of minority health to
  17-22  develop minority health initiatives, including bilingual
  17-23  communications; and
  17-24              (2)  maximize use of existing resources without
  17-25  duplicating existing efforts.
  17-26        Sec. 12.082.  POWERS OF OFFICE.  The office may:
  17-27              (1)  provide a central information and referral source
   18-1  and serve as the primary state resource in coordinating, planning,
   18-2  and advocating access to minority health care services in this
   18-3  state;
   18-4              (2)  coordinate conferences and other training
   18-5  opportunities to increase skills among state agencies and
   18-6  government staff in management and in the appreciation of cultural
   18-7  diversity;
   18-8              (3)  pursue and administer grant funds for innovative
   18-9  projects for communities, groups, and individuals;
  18-10              (4)  provide recommendations and training in improving
  18-11  minority recruitment in state agencies;
  18-12              (5)  publicize minority health issues through the use
  18-13  of the media;
  18-14              (6)  network with existing minority organizations;
  18-15              (7)  solicit, receive, and spend grants, gifts, and
  18-16  donations from public and private sources; and
  18-17              (8)  contract with public and private entities in the
  18-18  performance of its responsibilities.
  18-19        Sec. 12.083.  FUNDING.  The department may distribute to the
  18-20  office unobligated and unexpended appropriations to be used to
  18-21  carry out its powers.
  18-22        Sec. 12.084.  REPORT TO LEGISLATURE.  Not later than January
  18-23  1 of each odd-numbered year, the office shall submit a biennial
  18-24  report to the legislature regarding the activities of the office
  18-25  and any findings and recommendations relating to minority health
  18-26  issues.
  18-27        SECTION 18.  Section 104.001(a), Health and Safety Code, is
   19-1  amended to read as follows:
   19-2        (a)  The policy of this state and the purpose of this chapter
   19-3  are to:
   19-4              (1)  ensure that health care services and facilities
   19-5  are available to all citizens in an orderly and economical manner;
   19-6  and
   19-7              (2)  meet the requirements of applicable federal law
   19-8  <and implement the National Health Planning and Resources
   19-9  Development Act of 1974 (Pub. L. No. 93-641), as amended by the
  19-10  Health Planning and Resources Development Amendments of 1979 (Pub.
  19-11  L. No.  96-79), the federal rules and regulations adopted under
  19-12  that Act, and other pertinent federal authority>.
  19-13        SECTION 19.  Section 104.011, Health and Safety Code, is
  19-14  amended to read as follows:
  19-15        Sec. 104.011.  COMPOSITION OF COUNCIL.  The statewide health
  19-16  coordinating council is composed of 15 <21> members appointed by
  19-17  the governor <in accordance with federal law>.  The governor shall
  19-18  appoint three members who represent health care professionals,
  19-19  three members who represent institutions of higher education, three
  19-20  members who are consumer advocates, and six public members.
  19-21        SECTION 20.  Subchapter B, Chapter 104, Health and Safety
  19-22  Code, is amended by adding Section 104.0115 to read as follows:
  19-23        Sec. 104.0115.  TERMS.  (a)  Members of the council serve for
  19-24  staggered six-year terms, with the terms of five members expiring
  19-25  August 31 of each odd-numbered year.
  19-26        (b)  An appointment to fill a vacancy is for the unexpired
  19-27  term.
   20-1        SECTION 21.  Section 104.021(a), Health and Safety Code, is
   20-2  amended to read as follows:
   20-3        (a)  The department, in accordance with rules adopted by the
   20-4  statewide health coordinating council, shall prepare and<,>
   20-5  review<, and revise> a proposed state health plan every six years
   20-6  and shall revise and update the plan biennially.
   20-7        SECTION 22.  Sections 104.022(e) and (f), Health and Safety
   20-8  Code, are amended to read as follows:
   20-9        (e)  The state health plan shall be developed and used in
  20-10  accordance with applicable state and federal law.  The plan must
  20-11  identify:
  20-12              (1)  major statewide health concerns;
  20-13              (2)  the availability and use of current health
  20-14  resources of the state, including resources associated with
  20-15  state-supported institutions of higher education; and
  20-16              (3)  future health service and facility needs of the
  20-17  state.
  20-18        (f)  The state health plan must:
  20-19              (1)  propose strategies for the correction of major
  20-20  deficiencies in the service delivery system; <and>
  20-21              (2)  propose strategies for involving state-supported
  20-22  institutions of higher education in providing health services and
  20-23  for coordinating those efforts with health and human services
  20-24  agencies in order to close gaps in services; and
  20-25              (3)  provide direction for the state's legislative and
  20-26  executive decision-making processes to implement the strategies
  20-27  proposed by the plan.
   21-1        SECTION 23.  Section 242.002(6), Health and Safety Code, is
   21-2  amended to read as follows:
   21-3              (6)  "Institution" means:
   21-4                    (A)  an establishment that:
   21-5                          (i)  furnishes, in one or more facilities,
   21-6  food and shelter to four or more persons who are unrelated to the
   21-7  proprietor of the establishment; and
   21-8                          (ii)  provides minor treatment under the
   21-9  direction and supervision of a physician licensed by the Texas
  21-10  State Board of Medical Examiners, or other services that meet some
  21-11  need beyond the basic provision of food, shelter, and laundry; or
  21-12                    (B)  <a place or establishment that receives,
  21-13  treats, or cares for, overnight or longer, within a period of 12
  21-14  months, four or more pregnant women or women who, within two weeks
  21-15  before the date of the treatment or care, gave birth to a child,
  21-16  not including a woman who receives maternity care in the place or
  21-17  establishment that is the home of a relative of the woman related
  21-18  within the third degree of consanguinity or affinity, as determined
  21-19  under Article 5996h, Revised Statutes; or>
  21-20                    <(C)>  a foster care type residential facility
  21-21  that provides room and board to fewer than five persons who:
  21-22                          (i)  are not related within the second
  21-23  degree of consanguinity or affinity, as determined under Article
  21-24  5996h, Revised Statutes, to the proprietor; and
  21-25                          (ii)  because of their physical or mental
  21-26  limitation, or both, require a level of care and services suitable
  21-27  to their needs that contributes to their health, comfort, and
   22-1  welfare.
   22-2        SECTION 24.  Subtitle B, Title 4, Health and Safety Code, is
   22-3  amended by adding Chapter 249 to read as follows:
   22-4                     CHAPTER 249.  MATERNITY HOMES
   22-5        Sec. 249.001.  DEFINITIONS.  In this chapter:
   22-6              (1)  "Board" means the Board of Protective and
   22-7  Regulatory Services.
   22-8              (2)  "Department" means the Department of Protective
   22-9  and Regulatory Services.
  22-10              (3)  "Maternity home" means a place or establishment
  22-11  that receives, treats, or cares for, overnight or longer, within a
  22-12  period of 12 months, four or more pregnant women or women who,
  22-13  within two weeks before the date of the treatment or care, gave
  22-14  birth to a child, not including a woman who receives maternity care
  22-15  in the place or establishment that is the home of a relative of the
  22-16  woman related within the third degree of consanguinity or affinity,
  22-17  as determined under Article 5996h, Revised Statutes.
  22-18        Sec. 249.002.  LICENSE REQUIRED.  (a)  A person may not
  22-19  establish or operate a maternity home in this state without a
  22-20  license issued under this chapter.
  22-21        (b)  A license is not transferable or assignable.
  22-22        Sec. 249.003.  LICENSE APPLICATION AND ISSUANCE.  (a)  An
  22-23  applicant for a maternity home license must submit an application
  22-24  to the department on a form prescribed by the department.
  22-25        (b)  Each application must be accompanied by a nonrefundable
  22-26  license fee in an amount set by the board.
  22-27        (c)  The department shall issue a license if, after
   23-1  inspection and investigation, it finds that the applicant and the
   23-2  center meet the requirements of this chapter and the standards
   23-3  adopted under this chapter.
   23-4        (d)  The license fee must be paid annually on renewal of the
   23-5  license.
   23-6        Sec. 249.004.  INSPECTIONS.   The department may inspect a
   23-7  maternity home at reasonable times as necessary to assure
   23-8  compliance with this chapter.
   23-9        Sec. 249.005.  FEES.  The board shall set fees imposed by
  23-10  this chapter in amounts reasonable and necessary to defray the cost
  23-11  of administering this chapter.
  23-12        Sec. 249.006.  MATERNITY HOME LICENSING FUND.  All fees
  23-13  collected under this chapter shall be deposited in the state
  23-14  treasury to the credit of the maternity home licensing fund and may
  23-15  be appropriated to the department only to administer and enforce
  23-16  this chapter.
  23-17        Sec. 249.007.  ADOPTION OF RULES.  The board shall adopt
  23-18  rules necessary to implement this chapter, including requirements
  23-19  for the issuance, renewal, denial, suspension, and revocation of a
  23-20  license to operate a maternity home.
  23-21        Sec. 249.008.  MINIMUM STANDARDS.  (a)  The rules must
  23-22  contain minimum standards applicable to a maternity home and for:
  23-23              (1)  the qualifications of the professional staff and
  23-24  other personnel;
  23-25              (2)  the equipment essential to the health and welfare
  23-26  of the patients; and
  23-27              (3)  the sanitary and hygienic conditions within the
   24-1  home and its surroundings.
   24-2        (b)  This section does not authorize the board to:
   24-3              (1)  establish the qualifications of a licensed
   24-4  practitioner; or
   24-5              (2)  permit a person to provide health care services
   24-6  who is not authorized to provide those services under another state
   24-7  law.
   24-8        Sec. 249.009.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
   24-9  (a)  The department may deny, suspend, or revoke a license for a
  24-10  violation of this chapter or a rule adopted under this chapter.
  24-11        (b)  The denial, suspension, or revocation of a license by
  24-12  the department and the appeal from that action are governed by the
  24-13  procedures for a contested case hearing under the Administrative
  24-14  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  24-15  Civil Statutes).
  24-16        Sec. 249.010.  INJUNCTION.  (a)  The department may petition
  24-17  a district court for a temporary restraining order to restrain a
  24-18  continuing violation of the standards or licensing requirements
  24-19  provided under this chapter if the department finds that the
  24-20  violation creates an immediate threat to the health and safety of
  24-21  the patients of a maternity home.
  24-22        (b)  A district court, on petition of the department and on a
  24-23  finding by the court that a person is violating the standards or
  24-24  licensing requirements provided under this chapter, may by
  24-25  injunction:
  24-26              (1)  prohibit a person from continuing a violation of
  24-27  the standards or licensing requirements provided under this
   25-1  chapter;
   25-2              (2)  restrain or prevent the establishment or operation
   25-3  of a maternity home without a license issued under this chapter; or
   25-4              (3)  grant any other injunctive relief warranted by the
   25-5  facts.
   25-6        (c)  The attorney general shall institute and conduct a suit
   25-7  authorized by this section at the request of the department.
   25-8        (d)  Venue for a suit brought under this section is in the
   25-9  county in which the maternity home is located or in Travis County.
  25-10        Sec. 249.011.  CRIMINAL PENALTY.  (a)  A person commits an
  25-11  offense if the person violates Section 249.002(a).
  25-12        (b)  An offense under this section is punishable by a fine of
  25-13  not more than $1,000 for the first offense and not more than $500
  25-14  for each subsequent offense.
  25-15        (c)  Each day of a continuing violation constitutes a
  25-16  separate offense.
  25-17        Sec. 249.012.  CIVIL PENALTY.  (a)  A person who violates
  25-18  this chapter or who fails to comply with a rule adopted under this
  25-19  chapter is liable for a civil penalty of not less than $100 or more
  25-20  than $10,000 for each violation if the department determines the
  25-21  violation threatens the health and safety of a patient.
  25-22        (b)  Each day of a continuing violation constitutes a
  25-23  separate ground for recovery.
  25-24        SECTION 25.  Subtitle B, Title 4, Health and Safety Code, is
  25-25  amended by adding Chapter 250 to read as follows:
  25-26            CHAPTER 250.  NURSE AIDE REGISTRY AND CRIMINAL
  25-27                    HISTORY CHECKS OF EMPLOYEES AND
   26-1      APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES SERVING THE
   26-2                 ELDERLY OR PERSONS WITH DISABILITIES
   26-3        Sec. 250.001.  DEFINITIONS.  In this chapter:
   26-4              (1)  "Nurse aide registry" means a list maintained by
   26-5  the department of nurse aides under the Omnibus Budget
   26-6  Reconciliation Act of 1987 (Pub. L. No. 100-203).
   26-7              (2)  "Board" means the Texas Board of Health.
   26-8              (3)  "Department" means the Texas Department of Health.
   26-9              (4)  "Direct contact with a consumer" means any contact
  26-10  with a resident or client or a family member or visitor of a
  26-11  resident or client in a facility covered by this chapter.
  26-12              (5)  "Facility" means:
  26-13                    (A)  a nursing home, custodial care home, or
  26-14  other institution licensed by the department under Chapter 242;
  26-15                    (B)  a personal care facility licensed by the
  26-16  department under Chapter 247;
  26-17                    (C)  a home health agency licensed by the
  26-18  department under Chapter 142;
  26-19                    (D)  an adult day care facility or adult day
  26-20  health care facility licensed by the department under Chapter 103,
  26-21  Human Resources Code;
  26-22                    (E)  a facility for persons with mental
  26-23  retardation   licensed or certified by the department;
  26-24                    (F)  an unlicensed attendant care agency that
  26-25  contracts with the Texas Department of Human Services;
  26-26                    (G)  an intermediate care facility for persons
  26-27  with mental retardation that is certified to participate in the
   27-1  Medicaid program under Title XIX of the Social Security Act (42
   27-2  U.S.C. Section 1396 et seq.); or
   27-3                    (H)  an adult foster care provider that contracts
   27-4  with the Texas Department of Human Services.
   27-5        Sec. 250.002.  VERIFICATION OF EMPLOYABILITY; DISCHARGE.
   27-6  (a)  A facility may not employ a person in a position the duties of
   27-7  which involve direct contact with a consumer in the facility  if
   27-8  the results of a criminal history check reveal that a person has
   27-9  been convicted of an offense listed in this chapter that bars
  27-10  employment, and if the applicant is a nurse aide, until the
  27-11  facility further verifies that the applicant is listed in the nurse
  27-12  aide registry and verifies that the applicant is not designated in
  27-13  the registry as having a finding entered into the registry
  27-14  concerning abuse, neglect, or mistreatment of a consumer of a
  27-15  facility, or misappropriation of a consumer's property.  A person
  27-16  licensed under another law of this state is exempt from the
  27-17  requirements of this chapter.
  27-18        (b)  The facility may not employ the applicant if it is
  27-19  notified by the department that a conviction bars employment,
  27-20  except that in an emergency requiring immediate employment, a
  27-21  facility may hire a person not listed in the registry pending the
  27-22  results of a criminal conviction check, which must be submitted
  27-23  within 72 hours of employment.
  27-24        (c)  A facility shall immediately discharge any employee in a
  27-25  position the duties of which involve direct contact with a consumer
  27-26  in the facility who is designated  in the nurse aide registry as
  27-27  having committed an act of abuse, neglect, or mistreatment of a
   28-1  consumer of a facility, or misappropriation of a consumer's
   28-2  property, or whose criminal history check reveals conviction of a
   28-3  crime that bars employment as provided by this chapter.
   28-4        Sec. 250.003.  CRIMINAL HISTORY RECORD OF EMPLOYEES.
   28-5  (a)  Identifying information, including mailing addresses, of
   28-6  employees in direct contact with consumers in covered facilities
   28-7  shall be submitted   to the Department of Public Safety to obtain
   28-8  the person's criminal conviction record when the person applies for
   28-9  employment and at other times as the department or the facility may
  28-10  determine appropriate.
  28-11        (b)  If the Department of Public Safety reports to the
  28-12  department that a person has a criminal conviction of any kind,
  28-13  the conviction shall be reviewed by the department to determine if
  28-14  the conviction may bar the person from employment in a facility
  28-15  under Section 250.005 or 250.006.
  28-16        Sec. 250.004.  NOTICE AND OPPORTUNITY FOR ADMINISTRATIVE
  28-17  REVIEW.  (a)  If the department believes that a conviction may bar
  28-18  a person from employment in a facility under Section 250.005 or
  28-19  250.006, the department shall notify the facility and applicant.
  28-20        (b)  The notification shall state that the finding of a
  28-21  criminal conviction that may bar employment is a preliminary
  28-22  finding and that the person has the right to object to the accuracy
  28-23  of the report and to object to the finding that the crime is one
  28-24  that bars employment under Section 250.005 or 250.006.  If a crime
  28-25  is one that requires the consideration of mitigating factors under
  28-26  Section 250.006, the notification shall also state that the person
  28-27  has the right to submit documentation concerning the misdemeanor
   29-1  classification of the offense, the age of the person when the
   29-2  offense was committed,   rehabilitation including employment
   29-3  history in a facility, or mitigating circumstances when the offense
   29-4  was committed.  The right to request removal of the bar to
   29-5  employment does not extend to any finding by a court involving
   29-6  abuse, neglect, or mistreatment of a consumer of a facility.
   29-7        (c)  The notification shall state:
   29-8              (1)  that the person may submit a written request, not
   29-9  later than the 20th day after the date the notification is
  29-10  received, for an administrative review of the criminal history
  29-11  report;
  29-12              (2)  the name of the office, including its address, to
  29-13  which the request must be submitted; and
  29-14              (3)  that the failure to request an administrative
  29-15  review  will cause the  department to designate the person as
  29-16  "unemployable" in the registry, if the person is an applicant for a
  29-17  nurse aide position, and to bar the person from employment in any
  29-18  facility.
  29-19        (d)  On receipt of a timely request, an administrative review
  29-20  shall be provided in accordance with board rules.  The review is
  29-21  not subject to the Administrative Procedure and Texas Register Act
  29-22  (Article 6252-13a, Vernon's Texas Civil Statutes).  The review
  29-23  shall be conducted by an administrative review panel consisting of
  29-24  five members and at least two alternates appointed by the board.
  29-25  The panel shall be composed of representatives of the facilities
  29-26  covered by this chapter, a representative of employees of those
  29-27  facilities, and representatives of consumers.  The review panel
   30-1  shall consider each application submitted in writing by an
   30-2  applicant to determine if mitigating circumstances existed at the
   30-3  time the crime was committed or whether the applicant has been
   30-4  substantially rehabilitated since that time.  The panel's decision
   30-5  shall be made solely from the documentation and other information
   30-6  submitted by the applicant.  The department may not be required to
   30-7  make an independent investigation of the applicant's allegations.
   30-8  If the panel finds the documentation submitted by the applicant is
   30-9  insufficient to remove the bar to employment, the panel shall
  30-10  provide the applicant an opportunity to appear personally before
  30-11  the panel and offer further information.
  30-12        (e)  A designation of "unemployable" may not be entered in
  30-13  the   registry or a facility may not be notified of unemployability
  30-14  until the person affected has exhausted all appeals available under
  30-15  board rules.
  30-16        (f)  A nurse aide for whom there is a finding of abuse,
  30-17  neglect, or mistreatment of a consumer of a facility, or
  30-18  misappropriation of a consumer's property, and who is listed in the
  30-19  nurse aide registry as "unemployable" as a result of those
  30-20  findings, shall be offered the opportunity of a hearing under board
  30-21  rules.  The hearing is not subject to the Administrative Procedure
  30-22  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  30-23  Statutes).  The hearing may be conducted and decided by a hearing
  30-24  officer designated by the department.
  30-25        Sec. 250.005.  CONVICTIONS BARRING EMPLOYMENT.  (a)  A person
  30-26  convicted of an offense listed in this section may not be employed
  30-27  in a position the duties of which involve direct contact with a
   31-1  consumer in a facility:
   31-2              (1)  an offense under Chapter 19, Penal Code (criminal
   31-3  homicide);
   31-4              (2)  an offense under Chapter 20, Penal Code
   31-5  (kidnapping and false imprisonment);
   31-6              (3)  an offense under Section 21.11, Penal Code
   31-7  (indecency with a child);
   31-8              (4)  an offense under Section 25.031, Penal Code
   31-9  (agreement to abduct from custody);
  31-10              (5)  an offense under Section 25.06, Penal Code
  31-11  (solicitation of a child);
  31-12              (6)  an offense under Section 25.11, Penal Code (sale
  31-13  or purchase of a child);
  31-14              (7)  an offense under Section 28.02, Penal Code
  31-15  (arson);
  31-16              (8)  an offense under Section 29.02, Penal Code
  31-17  (robbery); or
  31-18              (9)  an offense under Section 29.03, Penal Code
  31-19  (aggravated robbery).
  31-20        (b)  When the proceedings under Section 250.004 are complete,
  31-21  the department shall enter in the nurse aide registry, if the
  31-22  person is an applicant for a nurse aide position, the designation
  31-23  "unemployable" under the name of a person convicted of an offense
  31-24  listed in this section and shall notify the facility that employs
  31-25  the person of the designation.
  31-26        Sec. 250.006.  CONVICTIONS POTENTIALLY BARRING EMPLOYMENT.
  31-27  (a)  A person convicted of an offense listed in this section may
   32-1  not be employed in a position the duties of which involve direct
   32-2  contact with a consumer in a facility unless:
   32-3              (1)  the offense for which the person was convicted is
   32-4  punishable as a Class C misdemeanor; or
   32-5              (2)  the department finds through its administrative
   32-6  review process that the person is unlikely to be a threat to the
   32-7  consumers or property of the consumers in a facility.
   32-8        (b)  In making a finding under Subsection (a)(2), the
   32-9  department shall consider the misdemeanor classification of the
  32-10  offense, the age of the person at the time the offense was
  32-11  committed, the length of time since the offense was committed,
  32-12  evidence of rehabilitation including employment history in a
  32-13  facility, or mitigating circumstances when the offense was
  32-14  committed.
  32-15        (c)  A conviction for any of the following offenses may bar
  32-16  employment under this section:
  32-17              (1)  an offense under Chapter 22, Penal Code
  32-18  (assaultive offenses);
  32-19              (2)  an offense under Chapter 30, Penal Code (burglary
  32-20  and criminal trespass);
  32-21              (3)  an offense under Chapter 31, Penal Code (theft);
  32-22              (4)  an offense under Chapter 46, Penal Code (weapons);
  32-23              (5)  a felony violation of a statute intended to
  32-24  control the possession or distribution of a substance included in
  32-25  Chapter 481, Government Code (Texas Controlled Substances Act);
  32-26              (6)  an offense under Chapter 32, Penal Code (fraud);
  32-27              (7)  an offense under Section 21.07, Penal Code (public
   33-1  lewdness);
   33-2              (8)  an offense under Section 21.08, Penal Code
   33-3  (indecent exposure); or
   33-4              (9)  an offense under Chapter 43, Penal Code (public
   33-5  indecency).
   33-6        (d)  Except as provided by Subsection (a), and when the
   33-7  proceedings under Section 250.004 are completed, the department
   33-8  shall enter in the nurse aide registry, if the person is an
   33-9  applicant for a nurse aide position, the designation "unemployable"
  33-10  under the name of a person found to have been convicted of an
  33-11  offense listed in this section and shall notify the facility that
  33-12  employs the person of the designation.
  33-13        (e)  If the department finds that a person is unlikely to be
  33-14  a threat as provided by Subsection (a)(2), the department shall
  33-15  note in the   nurse aide registry that the person's conviction has
  33-16  been reviewed and excepted from the bar to employment.
  33-17        Sec. 250.007.  RECORDS PRIVILEGED.  (a)  The criminal history
  33-18  records are for the exclusive use of the department and the
  33-19  requesting facility.
  33-20        (b)  All criminal records and reports and the information
  33-21  they contain that are received by the department are privileged
  33-22  information and are for the exclusive use of the department.
  33-23        (c)  The criminal records and reports and the information
  33-24  they contain may not be released or otherwise disclosed to any
  33-25  person or agency except on court order or with the written consent
  33-26  of the person being investigated.
  33-27        Sec. 250.008.  CRIMINAL PENALTY.  (a)  A person commits an
   34-1  offense if the person releases or otherwise discloses any
   34-2  information received under this chapter except as prescribed by
   34-3  Section 250.007(b) or (c).
   34-4        (b)  An offense under this section is a Class A misdemeanor.
   34-5        Sec. 250.009.  CIVIL LIABILITY.  A facility or an officer or
   34-6  employee of a facility is not civilly liable for failure to comply
   34-7  with this chapter if the facility makes a good faith effort to
   34-8  comply.
   34-9        SECTION 26.  Section 222.042, Health and Safety Code, is
  34-10  amended to read as follows:
  34-11        Sec. 222.042.  Licensing of ICF-MR Beds and Facilities.  The
  34-12  department may not license or approve as meeting licensing
  34-13  standards new ICF-MR beds or the expansion of an existing ICF-MR
  34-14  facility unless<:>
  34-15              <(1)>  the new beds or the expansion was included in
  34-16  the plan approved by the Health and Human Services Commission in
  34-17  accordance with Section 533.062 <Interagency Council on ICF-MR
  34-18  Facilities in accordance with Section 2.43, Texas Mental Health and
  34-19  Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
  34-20  Statutes); and>
  34-21              <(2)  the Texas Department of Mental Health and Mental
  34-22  Retardation has approved the beds or the expansion for
  34-23  certification in accordance with Section 2.44, Texas Mental Health
  34-24  and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
  34-25  Statutes)>.
  34-26        SECTION 27.  Section 533.062, Health and Safety Code, is
  34-27  amended to read as follows:
   35-1        Sec. 533.062.  PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
   35-2  RETARDATION <ICF-MR FACILITIES>.  (a)  The department shall
   35-3  biennially develop a proposed <annually> plan on long-term care for
   35-4  persons with mental retardation <for the creation of new beds in
   35-5  the ICF-MR program>.
   35-6        (b)  The proposed plan must specify the capacity of the HCS
   35-7  waiver program for persons with mental retardation and the number
   35-8  and levels of new ICF-MR beds to be authorized <created> in each
   35-9  region.  In developing the proposed plan, the department shall
  35-10  consider:
  35-11              (1)  the needs of the population to be served;
  35-12              (2)  projected appropriation amounts for the biennium
  35-13  <the resources of the governmental entities responsible for
  35-14  providing services>; and
  35-15              (3)  the requirements of applicable federal law.
  35-16        (c)  Each proposed plan shall cover the subsequent fiscal
  35-17  biennium <year>.  The department shall conduct a public hearing on
  35-18  the proposed plan.  Not later than July 1 of each even-numbered
  35-19  year, the department shall submit the plan to the Health and Human
  35-20  Services Commission <Interagency Council on ICF-MR Facilities> for
  35-21  approval.
  35-22        (d)  The Health and Human Services Commission may modify the
  35-23  proposed plan as necessary before its final approval.  In
  35-24  determining the appropriate number of ICF-MR facilities for persons
  35-25  with a related condition, the department and the Health and Human
  35-26  Services Commission shall consult with the Texas Department of
  35-27  Human Services <The board by rule shall adopt the plan approved by
   36-1  the Interagency Council on ICF-MR Facilities>.
   36-2        (e)  The Health and Human Services Commission shall submit
   36-3  the proposed plan as part of the consolidated health and human
   36-4  services budget recommendation required under Section 13, Article
   36-5  4413(502), Revised Statutes <The department may submit to the
   36-6  Interagency Council on ICF-MR Facilities proposed amendments to a
   36-7  plan in operation that the department considers necessary>.
   36-8        (f)  After legislative action on the appropriation for
   36-9  long-term care services for persons with mental retardation, the
  36-10  Health and Human Services Commission shall adjust the plan to
  36-11  ensure that the number of ICF-MR beds licensed or approved as
  36-12  meeting license requirements and the capacity of the HCS waiver
  36-13  program are within appropriated funding amounts.
  36-14        (g)  After any necessary adjustments, the Health and Human
  36-15  Services Commission shall approve the final biennial plan and
  36-16  publish the plan in the Texas Register.
  36-17        (h)  The department may submit proposed amendments to the
  36-18  plan to the Health and Human Services Commission.
  36-19        (i)  In this section, "HCS waiver program" means services
  36-20  under the state Medicaid home and community-based services waiver
  36-21  program for persons with mental retardation adopted in accordance
  36-22  with 42 U.S.C.  Section 1396n(c).
  36-23        SECTION 28.  Section 402.0211(e), Government Code, is amended
  36-24  to read as follows:
  36-25        (e)  This section does not apply to:
  36-26              (1)  the governor's office;
  36-27              (2)  an institution of higher education, as defined by
   37-1  Section 61.003, Education Code;
   37-2              (3)  an agency expressly authorized by the General
   37-3  Appropriations Act or other statute to hire or select legal
   37-4  counsel;
   37-5              (4)  an agency governed by one or more elected
   37-6  officials;
   37-7              (5)  an agency with a director appointed by the
   37-8  governor;
   37-9              (6)  the Central Education Agency;
  37-10              (7)  the Department of Public Safety;
  37-11              (8)  the Employees Retirement System of Texas or the
  37-12  Teacher Retirement System of Texas;
  37-13              (9)  the Parks and Wildlife Department;
  37-14              (10)  the State Board of Insurance;
  37-15              (11)  the Texas <State Highway and Public>
  37-16  Transportation Commission or the Texas <State> Department of
  37-17  <Highways and Public> Transportation;
  37-18              (12)  the Texas Department of Criminal Justice;
  37-19              (13)  the Texas Employment Commission;
  37-20              (14)  the Texas Higher Education Coordinating Board;
  37-21              (15)  the Texas Natural Resource Conservation
  37-22  Commission;
  37-23              (16)  the Texas Workers' Compensation Commission; <or>
  37-24              (17)  the Texas Youth Commission; or
  37-25              (18)  the health and human services agencies listed by
  37-26  Section 19, Article 4413(502), Revised Statutes.
  37-27        SECTION 29.  Chapter 22, Human Resources Code, is amended by
   38-1  adding Section 22.0065 to read as follows:
   38-2        Sec. 22.0065.  ACCESS TO OTHER CRIMINAL HISTORY INFORMATION
   38-3  RECORDS.  (a)  Subject to the availability of funds appropriated by
   38-4  the legislature, the department is entitled to obtain criminal
   38-5  history information records maintained by the Department of Public
   38-6  Safety, the Federal Bureau of Investigation identification
   38-7  division, or another law enforcement agency to investigate:
   38-8              (1)  an adult who lives with a person who provides or
   38-9  applies to provide adoptive or foster care for a child in the care
  38-10  of the department if the person lives or will live in the residence
  38-11  in which the child will reside;
  38-12              (2)  a department employee who is engaged in the direct
  38-13  delivery of protective services to an elderly person or a person
  38-14  with a disability;
  38-15              (3)  a person who applies for a position with the
  38-16  department the duties of which include direct delivery of
  38-17  protective services to an elderly person or a person with a
  38-18  disability;
  38-19              (4)  a person who is the subject of a report the
  38-20  department receives alleging that the person has abused or
  38-21  neglected a child; or
  38-22              (5)  a relative providing or applying to provide
  38-23  in-home care for a child in the care of the department and other
  38-24  adults living with that relative in the residence in which the
  38-25  child will reside.
  38-26        (b)  The provisions of Section 22.006 apply to criminal
  38-27  history information records requested or received by the department
   39-1  under this section.
   39-2        SECTION 30.  Sections 73.002(a), (b), (g), and (h), Human
   39-3  Resources Code, are amended to read as follows:
   39-4        (a)  The council is composed of three <one> lay members
   39-5  <member> who are <is> the parents <parent> of <a> developmentally
   39-6  delayed children <child> and one representative each from the Texas
   39-7  Department of Health, the Texas Department of Mental Health and
   39-8  Mental Retardation, the Texas Department of Human Services, <and>
   39-9  the Central Education Agency, the Department of Protective and
  39-10  Regulatory Services, and the Texas Commission on Alcohol and Drug
  39-11  Abuse.  The governor with the advice and consent of the senate
  39-12  shall appoint the lay members <member>, and the commissioner,
  39-13  director, or executive director of each agency shall appoint that
  39-14  agency's representative.  The agency representative should be a
  39-15  person in the agency with administrative responsibility for the
  39-16  supervision of early childhood intervention support staff or
  39-17  related services.
  39-18        (b)  Members of the council serve for staggered six-year
  39-19  terms, with the terms of three members expiring February 1 of each
  39-20  odd-numbered year.  If a member appointed by a state agency
  39-21  terminates employment with the agency, the member's position
  39-22  becomes vacant on the date of termination <A member appointed by an
  39-23  agency serves for a term of two years or until the person
  39-24  terminates employment with the agency, whichever occurs first.  The
  39-25  member appointed by the governor serves for a term of two years
  39-26  expiring February 1 of every odd-numbered year>.
  39-27        (g)  <The council shall direct the Texas Department of Health
   40-1  to allocate funds appropriated to the Texas Department of Health
   40-2  under this chapter to each agency that assumes implementation
   40-3  responsibilities.>
   40-4        <(h)>  The council shall develop a method for programs funded
   40-5  under this chapter to respond to individual complaints regarding
   40-6  services provided by the program.
   40-7        SECTION 31.  Section 73.006, Human Resources Code, is amended
   40-8  to read as follows:
   40-9        Sec. 73.006.  Reimbursement and Staff Support.  (a)  Agency
  40-10  representatives on the council are entitled to reimbursement for
  40-11  expenses incurred in the performance of their council duties by the
  40-12  appointing agencies in accordance with the travel provisions for
  40-13  state employees in the General Appropriations Act.  The lay members
  40-14  described by Section 73.002(a) <member> and advisory committee
  40-15  members are entitled to reimbursement from the council for actual
  40-16  and necessary expenses incurred in the performance of council
  40-17  duties, including reimbursement for child care or attendant care.
  40-18        (b)  The agencies represented on the council shall provide
  40-19  staff support to the council.  The agencies may provide staff
  40-20  support to the committee.
  40-21        (c)  The council shall select and employ an early childhood
  40-22  intervention administrator and other personnel necessary for the
  40-23  administration of the council's duties <and shall direct the Texas
  40-24  Department of Health to employ that person>.
  40-25        SECTION 32.  Sections 73.009(a) and (b), Human Resources
  40-26  Code, are amended to read as follows:
  40-27        (a)  The council shall establish policies concerning <to
   41-1  provide direction to the Texas Department of Health in performing
   41-2  the> services described by this section.  A child under six years
   41-3  of age may be referred <to the Texas Department of Health> for
   41-4  services described by this section if the child is:
   41-5              (1)  identified as developmentally delayed;
   41-6              (2)  suspected of being developmentally delayed; or
   41-7              (3)  considered at risk of developmental delay because
   41-8  of certain biological or environmental factors.
   41-9        (b)  For each child referred, the council <Texas Department
  41-10  of Health> shall:
  41-11              (1)  seek appropriate medical or developmental
  41-12  screening or evaluation and if such screening services or
  41-13  evaluation services are not available, the council <Texas
  41-14  Department of Health> shall provide those services either directly
  41-15  or by contract; and
  41-16              (2)  refer the child to a public or private program
  41-17  that can meet the child's needs.
  41-18        SECTION 33.  Section 73.010(b), Human Resources Code, is
  41-19  amended to read as follows:
  41-20        (b)  The council <Texas Department of Health> may charge fees
  41-21  for services provided under this chapter.
  41-22        SECTION 34.  Section 73.011, Human Resources Code, is amended
  41-23  to read as follows:
  41-24        Sec. 73.011.  Parent Counseling and Case Management.
  41-25  (a)  The council shall establish policies <to provide direction to
  41-26  the Texas Department of Health> concerning the services described
  41-27  by this section.  For an eligible developmentally delayed child,
   42-1  the council <Texas Department of Health> shall provide parent
   42-2  counseling and case management services designed to:
   42-3              (1)  assist in the development of positive attitudes
   42-4  and coping skills;
   42-5              (2)  provide objective information about alternatives
   42-6  for securing direct services for the child;
   42-7              (3)  actively involve the case manager in procuring
   42-8  needed services on the parent's behalf;
   42-9              (4)  actively involve the case manager in responding to
  42-10  complaints about services procured through this process; and
  42-11              (5)  facilitate communication among providers serving
  42-12  the child, including the primary physician.
  42-13        (b)  The services shall be provided before a child is placed
  42-14  in an appropriate program.  If the child is placed in a program
  42-15  that meets the standards established by Section 73.019 <of this
  42-16  code>, that program shall assume responsibility for providing
  42-17  parent counseling and case management services following placement.
  42-18  If the child is not placed in such a program, the council <Texas
  42-19  Department of Health> shall continue to provide those services.
  42-20        SECTION 35.  Section 73.012, Human Resources Code, is amended
  42-21  to read as follows:
  42-22        Sec. 73.012.  Monitoring.  (a)  The council shall develop
  42-23  policies to <provide direction to the Texas Department of Health in
  42-24  implementing a system to> ensure that the overall progress of an
  42-25  eligible developmentally delayed child who receives services under
  42-26  this chapter is monitored until the child enters the public school
  42-27  system, including the monitoring of the parental counseling and
   43-1  case management services.
   43-2        (b)  Periodic reevaluations shall be obtained as the council
   43-3  <Texas Department of Health> considers necessary.  If an original
   43-4  placement no longer meets the child's needs, the council <Texas
   43-5  Department of Health> shall provide additional referrals.
   43-6        SECTION 36.  Sections 73.013(a) and (c), Human Resources
   43-7  Code, are amended to read as follows:
   43-8        (a)  The council shall develop policies for <to provide
   43-9  direction to the Texas Department of Health in> providing
  43-10  intervention services to an eligible developmentally delayed child
  43-11  if the council <Texas Department of Health> is not able to place
  43-12  the child in a program that meets the standards established by
  43-13  Section 73.019 <of this code>.
  43-14        (c)  The council <Texas Department of Health> may either
  43-15  directly provide the services needed to comply with the
  43-16  requirements of this section or contract for the provision of the
  43-17  services.
  43-18        SECTION 37.  Sections 73.014 and 73.015, Human Resources
  43-19  Code, are amended to read as follows:
  43-20        Sec. 73.014.  Report.  The agencies represented on the
  43-21  council and the lay members <member> shall report to the council
  43-22  any needs that are identified for the provision of early childhood
  43-23  intervention services.
  43-24        Sec. 73.015.  New Program Strategy.  The council shall
  43-25  develop a strategy for establishing new programs to meet needs
  43-26  identified by the agencies represented on the council and the lay
  43-27  members <member> in accordance with Section 73.014 <of this code>.
   44-1        SECTION 38.  Sections 73.018(a) and (b), Human Resources
   44-2  Code, are amended to read as follows:
   44-3        (a)  For each grant approved by the council, the council
   44-4  shall <direct the Texas Department of Health to> allocate
   44-5  appropriated funds for the program to the service provider in the
   44-6  amount specified by the council.
   44-7        (b)  The council shall require the service provider to
   44-8  execute a contract with the council <Texas Department of Health>
   44-9  specifying the program standards and council guidelines that the
  44-10  provider has agreed to meet.
  44-11        SECTION 39.  Section 73.019, Human Resources Code, is amended
  44-12  to read as follows:
  44-13        Sec. 73.019.  Program Standards.  Before a grant request for
  44-14  a new program may be approved, a service provider must agree to
  44-15  meet the following program standards:
  44-16              (1)  the program must be maintained within the
  44-17  guidelines established by the council;
  44-18              (2)  the provider must ensure that for each child
  44-19  served an individualized developmental plan is developed and is
  44-20  based on a comprehensive developmental evaluation performed by an
  44-21  interdisciplinary team with parent participation and periodic
  44-22  review and reevaluation;
  44-23              (3)  the provider must provide services to meet the
  44-24  unique needs of each child as indicated by the child's
  44-25  individualized developmental plan;
  44-26              (4)  the provider must demonstrate a capability to
  44-27  obtain or provide an array of services that must include:
   45-1                    (A)  training, counseling, case management
   45-2  services, and home visits for the parents of each child served;
   45-3                    (B)  instruction or treatment based on an
   45-4  individualized plan in the following areas of development:
   45-5  cognitive, gross or fine motor, language or speech, social or
   45-6  emotional, and self-help skills; and
   45-7                    (C)  related services, including occupational
   45-8  therapy, physical therapy, speech and language therapy, adaptive
   45-9  equipment, transportation, and other therapies as needed or
  45-10  prescribed;
  45-11              (5)  the provider must maintain a plan for in-service
  45-12  personnel training;
  45-13              (6)  the provider must cooperate with the council's
  45-14  <Texas Department of Health's> monitoring and case management
  45-15  efforts;
  45-16              (7)  the provider must cooperate with the periodic
  45-17  evaluation efforts of the council; and
  45-18              (8)  the provider must develop an approved method to
  45-19  respond to individual complaints regarding services provided by a
  45-20  program funded under this chapter in accordance with rules adopted
  45-21  by the council.
  45-22        SECTION 40.  Section 73.021(b), Human Resources Code, is
  45-23  amended to read as follows:
  45-24        (b)  If the council determines that a program is not meeting
  45-25  a requirement that was agreed on as a condition for funding, the
  45-26  council shall <notify the Texas Department of Health to> withhold
  45-27  further funding for the program.  If the council <Texas Department
   46-1  of Health> discovers gross mismanagement of a program, the council
   46-2  <department> may withhold further funding for the program <without
   46-3  obtaining the council's prior approval>.
   46-4        SECTION 41.  Sections 34.22(b) and (c), Family Code, are
   46-5  amended to read as follows:
   46-6        (b)  Each state agency shall notify the Department of
   46-7  Protective and Regulatory Services <Office of Youth Care
   46-8  Investigations> of each report of abuse or neglect it receives
   46-9  under this subchapter relating to abuse or neglect in a facility
  46-10  operated by the agency according to rules adopted by the
  46-11  department.
  46-12        (c)  Each state agency shall adopt rules relating to the
  46-13  investigation and resolution of reports received under this
  46-14  subchapter.  The Health and Human Services Commission <Office of
  46-15  Youth Care Investigations> shall review and approve such rules to
  46-16  ensure that all agencies implement appropriate standards for the
  46-17  conduct of investigations and that uniformity exists among agencies
  46-18  in the investigation and resolution of reports.
  46-19        SECTION 42.  Section 34.23, Family Code, is amended by
  46-20  amending Subsection (b) and adding Subsection (d) to read as
  46-21  follows:
  46-22        (b)  If the investigation relates to a report of abuse or
  46-23  neglect in a facility operated by a state agency, the agency shall
  46-24  submit a copy of the report to the Department of Protective and
  46-25  Regulatory Services <Office of Youth Care Investigations>.
  46-26        (d)  A state agency that licenses, certifies, or registers a
  46-27  facility in which children are located shall compile, maintain, and
   47-1  make available statistics on the incidence of child abuse and
   47-2  neglect in a facility the agency licenses, regulates, or certifies.
   47-3  The Department of Protective and Regulatory Services shall compile,
   47-4  maintain, and make available statistics on the incidence of child
   47-5  abuse and neglect in a facility operated by a state agency.
   47-6        SECTION 43.  Section 34.24, Family Code, is amended to read
   47-7  as follows:
   47-8        Sec. 34.24.  COMPLAINTS.  (a)  If a state agency receives a
   47-9  complaint relating to an investigation conducted by the agency
  47-10  concerning a facility operated by that agency in which children are
  47-11  located, the agency shall refer the complaint to its board <the
  47-12  Office of Youth Care Investigations>.
  47-13        (b)  The board of a state agency that operates a facility in
  47-14  which children are located shall ensure that the procedure for
  47-15  investigating abuse and neglect allegations and inquiries in the
  47-16  agency's facility is periodically reviewed under the agency's
  47-17  internal audit program required by the Texas Internal Auditing Act
  47-18  (Article 6252-5d, Vernon's Texas Civil Statutes).
  47-19        SECTION 44.  Section 5.341(b), State Purchasing and General
  47-20  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  47-21  amended to read as follows:
  47-22        (b)  In this section, "health and human service agency" means
  47-23  the:
  47-24              (1)  Interagency Council on Early Childhood
  47-25  Intervention Services;
  47-26              (2)  Texas Department on Aging;
  47-27              (3)  Texas Commission on Alcohol and Drug Abuse;
   48-1              (4)  Texas Commission for the Blind;
   48-2              (5)  Texas Commission for the Deaf and Hearing
   48-3  Impaired;
   48-4              (6)  Texas Department of Health;
   48-5              (7)  Texas Department of Human Services;
   48-6              (8)  Texas Juvenile Probation Commission;
   48-7              (9)  Texas Department of Mental Health and Mental
   48-8  Retardation;
   48-9              (10)  Texas Rehabilitation Commission; and
  48-10              (11)  Department of Protective and Regulatory Services
  48-11  <Texas Youth Commission>.
  48-12        SECTION 45.  Section 6.031(b), State Purchasing and General
  48-13  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  48-14  amended to read as follows:
  48-15        (b)  In this section, "health and human service agency" means
  48-16  the:
  48-17              (1)  Interagency Council on Early Childhood
  48-18  Intervention Services;
  48-19              (2)  Texas Department on Aging;
  48-20              (3)  Texas Commission on Alcohol and Drug Abuse;
  48-21              (4)  Texas Commission for the Blind;
  48-22              (5)  Texas Commission for the Deaf and Hearing
  48-23  Impaired;
  48-24              (6)  Texas Department of Health;
  48-25              (7)  Texas Department of Human Services;
  48-26              (8)  Texas Juvenile Probation Commission;
  48-27              (9)  Texas Department of Mental Health and Mental
   49-1  Retardation;
   49-2              (10)  Texas Rehabilitation Commission; and
   49-3              (11)  Department of Protective and Regulatory Services
   49-4  <Texas Youth Commission>.
   49-5        SECTION 46.  Section 2, Texas Nursing Home Administrators
   49-6  Licensure Act (Article 4442d, Vernon's Texas Civil Statutes), is
   49-7  amended to read as follows:
   49-8        Sec. 2.  DEFINITIONS.  For the purposes of this Act and as
   49-9  used herein:
  49-10              (1)  "board" means the "Texas Board of Licensure for
  49-11  Nursing Home Administrators";
  49-12              (2)  "nursing home administrator" means the person who
  49-13  administers, manages, supervises, or is in general administrative
  49-14  charge of a nursing home, irrespective of whether or not such
  49-15  individual has an ownership interest in such home, and whether or
  49-16  not his functions and duties are shared with one or more other
  49-17  persons;
  49-18              (3)  "nursing home" means any institution or facility
  49-19  <now or hereafter> licensed as a "nursing home" or "custodial care
  49-20  home" <by the Texas State Department of Public Health> under the
  49-21  provisions of Chapter 242, Health and Safety Code;
  49-22              (4)  "practice of nursing home administration" means
  49-23  the performance of acts by any person which amounts to the
  49-24  administration, management, supervision, and general administrative
  49-25  charge of a nursing home, whether or not such functions and duties
  49-26  are shared with one or more individuals.
  49-27        SECTION 47.  Section 3(c), Chapter 65, Acts of the 41st
   50-1  Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
   50-2  Texas Civil Statutes), is amended to read as follows:
   50-3        (c)  The board shall issue a barber shop permit to an
   50-4  applicant who holds a valid class A barber license and whose shop
   50-5  meets the minimum health standards for barber shops as promulgated
   50-6  by the Texas <State> Department of <Public> Health and all rules
   50-7  and regulations of the board.
   50-8        SECTION 48.  (a)  In this section:
   50-9              (1)  "Department" means the Texas Department of Human
  50-10  Services or its successor in function.
  50-11              (2)  "Medical assistance" means the medical assistance
  50-12  program administered under Chapter 32, Human Resources Code.
  50-13        (b)  The department by rule shall establish a pilot program
  50-14  to provide for a telephone health care system for persons currently
  50-15  receiving medical assistance during the 1994-95 biennium.  The
  50-16  purpose of the program is to study the efficiency and
  50-17  cost-effectiveness of a telephone-based health care system.
  50-18        (c)  The scope and size of the pilot may be in part
  50-19  determined by the availability of funds.  The department may
  50-20  encourage private and public entities to participate in the
  50-21  program.
  50-22        (d)  During the time the pilot program is operating, the
  50-23  state auditor shall conduct quarterly reviews and assessments of
  50-24  the program.
  50-25        (e)  The department shall report to the 74th Legislature not
  50-26  later than February 1, 1995, concerning the efficiency and
  50-27  cost-effectiveness of the pilot program.
   51-1        (f)  If before implementing Subsection (b) of this section,
   51-2  the department determines that a waiver or authorization from a
   51-3  federal agency is necessary for implementation, the department
   51-4  shall request the waiver or authorization and may delay
   51-5  implementing those provisions until the waiver or authorization is
   51-6  granted.
   51-7        SECTION 49.  (a)  DEFINITION.  In this section, "department"
   51-8  means the Texas Department of Mental Health and Mental Retardation.
   51-9        (b)  APPLICATION OF SECTION.  (1)  This section applies to an
  51-10  individual employed by the department at a state school scheduled
  51-11  for closure under the settlement of the Lelsz v. Kavanagh
  51-12  litigation who continues employment at the school for as long as
  51-13  needed to deliver services.
  51-14              (2)  This section does not apply to an individual:
  51-15                    (A)  who is not a regular department employee at
  51-16  the facility campus;
  51-17                    (B)  who leaves a position at the facility before
  51-18  the date on which the employee's services are not needed, unless
  51-19  the individual leaves to accept a position under Subsection (c) of
  51-20  this section; or
  51-21                    (C)  whose employment is terminated because of an
  51-22  act or omission of the individual constituting good cause for
  51-23  employment termination.
  51-24        (c)  ENTITLEMENT.  (1)  An employee covered by this section
  51-25  is entitled to:
  51-26                    (A)  a comparable position at another department
  51-27  facility; or
   52-1                    (B)  payment for:
   52-2                          (i)  two months' administrative leave; and
   52-3                          (ii)  one week of leave for each full year
   52-4  of service with the department.
   52-5              (2)  Payment under Paragraph (B) of Subdivision (1) of
   52-6  this subsection shall be computed at the employee's salary rate on
   52-7  the date on which the employee's services are no longer needed.
   52-8              (3)  An individual who accepts a position with the
   52-9  department under this section is also entitled to:
  52-10                    (A)  reimbursement of travel expenses and leave
  52-11  with full pay to visit prospective job sites within the department
  52-12  during the movement period designated by the department; and
  52-13                    (B)  reimbursement for moving expenses actually
  52-14  incurred in transferring to the new facility during the movement
  52-15  period, but not to exceed $1,500.
  52-16        SECTION 50.  This Act does not affect the transfer to the
  52-17  Health and Human Services Commission of the powers and duties of a
  52-18  state agency that formerly exercised jurisdiction over an activity
  52-19  transferred to the commission under Chapter 15, Acts of the 72nd
  52-20  Legislature, 1st Called Session, 1991.
  52-21        SECTION 51.  (a)  On September 1, 1993, all functions,
  52-22  programs, activities, funds, obligations, contracts, property, and
  52-23  records related to the Services for Runaways and At-Risk Youth
  52-24  program are transferred from the Texas Department of Human Services
  52-25  to the Department of Protective and Regulatory Services.
  52-26        (b)  A rule or form adopted by the Texas Department of Human
  52-27  Services for the Services for Runaways and At-Risk Youth program
   53-1  that relates to a function, program, or activity transferred by
   53-2  this Act from the Texas Department of Human Services to the
   53-3  Department of Protective and Regulatory Services is a rule or form
   53-4  of the Department of Protective and Regulatory Services and remains
   53-5  in effect until altered by that department.
   53-6        SECTION 52.  In accordance with Section 104.0115, Health and
   53-7  Safety Code, as added by this Act, the governor shall appoint five
   53-8  members of the statewide health coordinating council to terms
   53-9  expiring August 31, 1995, five members to terms expiring August 31,
  53-10  1997, and five members to terms expiring August 31, 1999.
  53-11        SECTION 53.  (a)  Except as provided by Subsection (b) of
  53-12  this section, the state agency exercising the powers and duties
  53-13  relating to investigations of abuse and neglect in long-term care
  53-14  facilities on September 1, 1993, shall exercise the powers and
  53-15  duties assigned to the Texas Department of Health under Chapter
  53-16  250, Health and Safety Code, as added by this Act.
  53-17        (b)  If a facility listed in Section 250.001, Health and
  53-18  Safety Code, as added by this Act, is not regulated by the state
  53-19  agency exercising the powers and duties relating to investigations
  53-20  of abuse and neglect in long-term care facilities on September 1,
  53-21  1993, the agency that regulates that facility shall exercise the
  53-22  powers and duties assigned to the Texas Department of Health under
  53-23  Chapter 250, Health and Safety Code, as added by this Act, for that
  53-24  facility.
  53-25        SECTION 54.  (a)  All records, personnel, property, and
  53-26  unobligated and unexpended appropriations of the Interagency
  53-27  Council on Early Childhood Intervention Services are transferred
   54-1  from the Texas Department of Health to the council.
   54-2        (b)  Any rule of the Texas Department of Health regarding the
   54-3  council or its functions that exists at the time this Act takes
   54-4  effect is continued in effect until superseded by a rule of the
   54-5  council.
   54-6        (c)  A person who is serving a term as a member of the
   54-7  advisory committee at the time this Act takes effect is entitled to
   54-8  serve for the remainder of the term for which the person was
   54-9  appointed.
  54-10        (d)  The terms of all members of the council expire February
  54-11  1, 1995.  At that time, in accordance with Section 73.002(b), Human
  54-12  Resources Code, as amended by this Act, the governor shall appoint
  54-13  one lay member to a term expiring February 1, 1997, one lay member
  54-14  to a term expiring February 1, 1999, and one lay member to a term
  54-15  expiring February 1, 2001.  At that time, in accordance with
  54-16  Section 73.002(b), Human Resources Code, as amended by this Act:
  54-17              (1)  the Central Education Agency and the Department of
  54-18  Protective and Regulatory Services shall appoint their respective
  54-19  members to serve terms expiring February 1, 1997;
  54-20              (2)  the Texas Department of Health and the Texas
  54-21  Commission on Alcohol and Drug Abuse shall appoint their respective
  54-22  members to serve terms expiring February 1, 1999; and
  54-23              (3)  the Texas Department of Human Services and the
  54-24  Texas Department of Mental Health and Mental Retardation shall
  54-25  appoint their respective members to serve terms expiring February
  54-26  1, 2001.
  54-27        SECTION 55.  (a)  The Office of Youth Care Investigations
   55-1  established by Subchapter B, Chapter 34, Family Code, is abolished.
   55-2        (b)  Sections 34.21 and 34.25, Family Code, are repealed.
   55-3        SECTION 56.  (a)  On September 1, 1993, all functions,
   55-4  programs, activities, funds, obligations, contracts, property, and
   55-5  records related to the Office of Youth Care Investigations are
   55-6  transferred to the Department of Protective and Regulatory
   55-7  Services.
   55-8        (b)  A rule or form adopted by the Office of Youth Care
   55-9  Investigations that relates to a function, program, or activity
  55-10  transferred by this Act to the Department of Protective and
  55-11  Regulatory Services is a rule or form of the Department of
  55-12  Protective and Regulatory Services and remains in effect until
  55-13  altered by the department.
  55-14        SECTION 57.  Section 533.061, Health and Safety Code, is
  55-15  repealed.
  55-16        SECTION 58.  (a)  Not later than October 1, 1993, the Texas
  55-17  Department of Mental Health and Mental Retardation shall submit to
  55-18  the Health and Human Services Commission the proposed plan for the
  55-19  1994-1995 biennium as required by Section 533.062, Health and
  55-20  Safety Code, as amended by this Act.
  55-21        (b)  In addition to the changes in law made by this Act
  55-22  relating to the provision of services to persons with mental
  55-23  retardation, this Act conforms certain provisions of the Health and
  55-24  Safety Code relating to the provision of those services to changes
  55-25  in the law made by Section 1, Chapter 248, Acts of the 72nd
  55-26  Legislature, Regular Session, 1991.
  55-27        (c)  Section 1, Chapter 248, Acts of the 72nd Legislature,
   56-1  Regular Session, 1991, is repealed.
   56-2        (d)  Sections 26 and 27 of this Act do not affect the
   56-3  transfer of powers, duties, rights, and obligations of the Texas
   56-4  Department of Health to the Texas Department of Human Services or
   56-5  another agency as prescribed by Section 1.11, Chapter 15, Acts of
   56-6  the 72nd Legislature, 1st Called Session, 1991, or by any other
   56-7  law.
   56-8        SECTION 59.  (a)  Chapter 107, Health and Safety Code, and
   56-9  Chapter 136, Human Resources Code, are repealed.
  56-10        (b)  On the effective date of this Act, all records,
  56-11  property, and equipment in the possession of the Council on
  56-12  Minority Health Affairs shall be transferred to the office of
  56-13  minority health.
  56-14        (c)  The office of minority health shall use all paper and
  56-15  forms transferred from the Council on Minority Health Affairs
  56-16  before ordering or purchasing new paper and forms.
  56-17        SECTION 60.  A reference in Chapter 34, Family Code, to the
  56-18  Texas Department of Human Services is a reference to the Department
  56-19  of Protective and Regulatory Services.
  56-20        SECTION 61.  The following are repealed:
  56-21              (1)  Section 1.16, Chapter 15, Acts of the 72nd
  56-22  Legislature, 1st Called Session, 1991;
  56-23              (2)  Article 4413(504), Revised Statutes;
  56-24              (3)  Section 22.001(e), Human Resources Code;
  56-25              (4)  Section 52.002, Human Resources Code; and
  56-26              (5)  Chapter 106, Human Resources Code.
  56-27        SECTION 62.  This Act takes effect September 1, 1993.
   57-1        SECTION 63.  The importance of this legislation and the
   57-2  crowded condition of the calendars in both houses create an
   57-3  emergency and an imperative public necessity that the
   57-4  constitutional rule requiring bills to be read on three several
   57-5  days in each house be suspended, and this rule is hereby suspended.