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.