By: Vowell H.B. No. 1510
73R3888 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Health and Human Services
1-3 Commission, the Department of Protective and Regulatory Services,
1-4 the Texas Department of Health, and other health and human services
1-5 agencies, to the statewide health coordinating council, and to the
1-6 Interagency Council on Early Childhood Intervention Services.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 1.06(c), Chapter 15, Acts of the 72nd
1-9 Legislature, 1st Called Session, 1991, is amended to read as
1-10 follows:
1-11 (c) On September 1, 1993, or an earlier date provided by an
1-12 interagency agreement with the affected agencies, the following
1-13 functions, programs, and activities are transferred from the Texas
1-14 Department of Human Services to the Department of Protective and
1-15 Regulatory Services:
1-16 (1) <except as provided in Section 1.11 of this
1-17 article, from the Texas Department of Health:>
1-18 <(A) investigations of abuse and neglect in
1-19 long-term care facilities;>
1-20 <(B) functions, programs, and activities
1-21 concerning institutions other than long-term care facilities; and>
1-22 <(C) the institutional component of licensing
1-23 and certification activity other than long-term care facilities;>
1-24 <(2) from the Texas Department of Human Services:>
2-1 <(A)> the adult protective services program,
2-2 including investigations and client services; and
2-3 (2) <(B)> activity concerning licensure of child care
2-4 facilities.
2-5 SECTION 2. Section 1.07, Chapter 15, Acts of the 72nd
2-6 Legislature, 1st Called Session, 1991, is amended to read as
2-7 follows:
2-8 Sec. 1.07. TRANSFER OF PROPERTY, RECORDS, OBLIGATIONS,
2-9 FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO THE TEXAS DEPARTMENT
2-10 OF <PUBLIC> HEALTH. (a) On September 1, 1993, or an earlier date
2-11 provided by an interagency agreement with the affected agencies,
2-12 the following functions, programs, and activities are transferred
2-13 to the Texas Department of <Public> Health established under
2-14 Article 4413(504), Revised Statutes:
2-15 (1) from the Texas Department of Human Services:
2-16 (A) preventive health services programs;
2-17 (B) early and periodic screening and diagnosis
2-18 and treatment;
2-19 (C) family planning;
2-20 (D) the purchased health services program; and
2-21 (E) the indigent health care program;
2-22 (2) from the Texas Department of Health established
2-23 under Chapter 11, Health and Safety Code:
2-24 (A) the community and rural health program,
2-25 including colonias;
2-26 (B) the disease prevention program;
2-27 (C) vital statistics activity;
3-1 (D) milk and dairy activity;
3-2 (E) food and drug activity;
3-3 (F) shellfish sanitation activity;
3-4 (G) zoonosis control activity;
3-5 (H) cooperative meat inspection activity;
3-6 (I) general sanitation activity;
3-7 (J) maternal and child health activity;
3-8 (K) women, infants, and children activity;
3-9 (L) epilepsy activity;
3-10 (M) chronic disease prevention and control
3-11 activity;
3-12 (N) primary care activity;
3-13 (O) dental health activity;
3-14 (P) activity of the Texas Diabetes Council;
3-15 (Q) all programs of the San Antonio State Chest
3-16 Hospital;
3-17 (R) all programs of the South Texas Hospital;
3-18 (S) chronically ill and disabled children
3-19 activity;
3-20 (T) children's outreach heart activity;
3-21 (U) kidney health care activity; <and>
3-22 (V) adult hemophilia activity;
3-23 (W) Alzheimer's disease activity;
3-24 (X) radiation control activity;
3-25 (Y) product safety activity;
3-26 (Z) occupational health activity;
3-27 (AA) functions, programs, and activities
4-1 concerning institutions other than long-term care facilities; and
4-2 (BB) the institutional component of licensing
4-3 and certification activity other than long-term care facilities;
4-4 and
4-5 (3) from the Texas Department of Mental Health and
4-6 Mental Retardation the genetics screening and counseling program.
4-7 (b) On September 1, 1993, or an earlier date provided by an
4-8 interagency agreement with the affected agencies, all funds,
4-9 obligations, and contracts of an entity listed in Subsection (a) of
4-10 this section related to a function, program, or activity
4-11 transferred under that subsection are transferred to the Texas
4-12 Department of <Public> Health established under Article 4413(504),
4-13 Revised Statutes.
4-14 (c) On September 1, 1993, or an earlier date provided by an
4-15 interagency agreement with the affected agencies, all property and
4-16 records in the custody of an entity listed in Subsection (a) of
4-17 this section related to a function, program, or activity
4-18 transferred under that subsection and all funds appropriated by the
4-19 legislature for the function, program, or activity shall be
4-20 transferred to the Texas Department of <Public> Health established
4-21 under Article 4413(504), Revised Statutes.
4-22 (d) On September 1, 1993, or an earlier date provided by an
4-23 interagency agreement with the affected agencies, all employees of
4-24 an entity listed in Subsection (a) of this section who perform the
4-25 duties transferred under that subsection become employees of the
4-26 Texas Department of <Public> Health, to be assigned duties by the
4-27 director of the Texas Department of <Public> Health established
5-1 under Article 4413(504), Revised Statutes.
5-2 (e) A rule or form adopted by an entity listed in Subsection
5-3 (a) of this section that relates to a function, program, or
5-4 activity transferred under that subsection is a rule or form of the
5-5 Texas Department of <Public> Health established under Article
5-6 4413(504), Revised Statutes, and remains in effect until altered by
5-7 the department. The secretary of state is authorized to adopt
5-8 rules as necessary to expedite the implementation of this section.
5-9 SECTION 3. Section 1.11, Chapter 15, Acts of the 72nd
5-10 Legislature, 1st Called Session, 1991, is amended to read as
5-11 follows:
5-12 Sec. 1.11. TRANSFER OF CERTAIN LONG-TERM CARE FUNCTIONS TO
5-13 THE TEXAS DEPARTMENT OF HUMAN SERVICES. Not later than September
5-14 1, 1993, all functions, powers, duties, funds, and obligations of
5-15 the Texas Department of Health relating to long-term care
5-16 licensing, certification, and surveys, and to investigations of
5-17 abuse and neglect in long-term care facilities, and all employees
5-18 who perform these duties and all relevant records are transferred
5-19 to the Texas Department of Human Services. A rule, form, or policy
5-20 relating to these functions is a rule, form, or policy of the Texas
5-21 Department of Human Services on transfer of the functions under
5-22 this section and remains in effect until altered by the department.
5-23 The intent of the legislature is that all regulation and rate
5-24 setting for long-term care facilities be consolidated into a single
5-25 state agency. The secretary of state is authorized to adopt rules
5-26 as necessary to expedite the implementation of this section.
5-27 SECTION 4. Section 3.03(d), Chapter 15, Acts of the 72nd
6-1 Legislature, 1st Called Session, 1991, is amended to read as
6-2 follows:
6-3 (d) In this section, "health and human service agency" means
6-4 the:
6-5 (1) Interagency Council on Early Childhood
6-6 Intervention Services;
6-7 (2) Texas Department on Aging;
6-8 (3) Texas Commission on Alcohol and Drug Abuse;
6-9 (4) Texas Commission for the Blind;
6-10 (5) Texas Commission for the Deaf and Hearing
6-11 Impaired;
6-12 (6) Texas Department of Health;
6-13 (7) Texas Department of Human Services;
6-14 (8) Texas Juvenile Probation Commission;
6-15 (9) Texas Department of Mental Health and Mental
6-16 Retardation;
6-17 (10) Texas Rehabilitation Commission;
6-18 (11) Department of Protective and Regulatory Services;
6-19 and
6-20 (12) <(11)> Texas Youth Commission.
6-21 SECTION 5. Section 4, Article 4413(502), Revised Statutes,
6-22 is amended to read as follows:
6-23 Sec. 4. <OPEN MEETINGS;> ADMINISTRATIVE PROCEDURE. The
6-24 commission is subject to <the open meetings law, Chapter 271, Acts
6-25 of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
6-26 Vernon's Texas Civil Statutes), and> the Administrative Procedure
6-27 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-1 Statutes).
7-2 SECTION 6. Section 10(a), Article 4413(502), Revised
7-3 Statutes, is amended to read as follows:
7-4 (a) The commissioner shall develop a coordinated, six-year
7-5 strategic plan for health and human services in the state and shall
7-6 update the plan biennially. The commissioner shall submit <the
7-7 initial plan and> each <subsequent> biennial update of the plan to
7-8 the governor, lieutenant governor, and speaker of the house of
7-9 representatives no later than October 1 <15> of each even-numbered
7-10 year<, with the initial plan submitted no later than October 15,
7-11 1992>.
7-12 SECTION 7. Section 13(a), Article 4413(502), Revised
7-13 Statutes, is amended to read as follows:
7-14 (a) The commission shall prepare and submit to the
7-15 Legislative Budget Board and the governor by October 15 <1> of
7-16 even-numbered years a consolidated health and human services budget
7-17 recommendation.
7-18 SECTION 8. Section 19, Article 4413(502), Revised Statutes,
7-19 is amended to read as follows:
7-20 Sec. 19. Health and Human Services Agencies. In this
7-21 article, "health and human services agencies" includes the:
7-22 (1) Interagency Council on Early Childhood
7-23 Intervention Services;
7-24 (2) Texas Department on Aging;
7-25 (3) Texas Commission on Alcohol and Drug Abuse;
7-26 (4) Texas Commission for the Blind;
7-27 (5) Texas Commission for the Deaf and Hearing
8-1 Impaired;
8-2 (6) Texas Department of Health;
8-3 (7) Texas Department of Human Services;
8-4 (8) Texas Juvenile Probation Commission;
8-5 (9) Texas Department of Mental Health and Mental
8-6 Retardation;
8-7 (10) Texas Rehabilitation Commission;
8-8 (11) Department of Protective and Regulatory Services;
8-9 and
8-10 (12) <(11)> Texas Youth Commission.
8-11 SECTION 9. Article 4413(502), Revised Statutes, is amended
8-12 by adding Sections 20 and 21 to read as follows:
8-13 Sec. 20. GIFTS AND GRANTS. The commission may accept gifts
8-14 and grants from public or private sources to perform any of its
8-15 powers or duties.
8-16 Sec. 21. CONTRACTS; POWERS. The commission may enter into
8-17 contracts as necessary to perform any of its powers or duties and
8-18 has all the powers and duties necessary to administer this article.
8-19 SECTION 10. Section 12, Article 4413(503), Revised Statutes,
8-20 is amended to read as follows:
8-21 Sec. 12. DEPARTMENT POWERS AND DUTIES. (a) The department
8-22 shall:
8-23 (1) develop a departmental strategic plan based on the
8-24 goals and priorities stated in the commission's coordinated
8-25 strategic plan for health and human services;
8-26 (2) submit any legislative appropriation request to
8-27 the commission for comment and for incorporation in the
9-1 commission's statewide health and human services budget
9-2 recommendations in keeping with state priorities and federal
9-3 requirements;
9-4 (3) propose and implement service delivery standards
9-5 for departmental programs;
9-6 (4) propose and adopt rules to ensure the department's
9-7 compliance with state and federal law and to facilitate the
9-8 implementation of departmental programs;
9-9 (5) provide training and technical assistance to
9-10 regional and local service providers;
9-11 (6) develop and implement systems for monitoring
9-12 departmental program performance and service delivery;
9-13 (7) promote innovative service delivery at the local
9-14 level;
9-15 (8) cooperate and coordinate with other departments in
9-16 the delivery of services; and
9-17 (9) perform other functions as required by law.
9-18 (b) The department shall operate a program entitled
9-19 "Services for Runaways and At-Risk Youth" to provide services for
9-20 runaways, truants, and other children who are considered at risk of
9-21 running away from home or at risk of suffering abuse or neglect and
9-22 for the families of those children. The services may include
9-23 crisis family intervention, emergency short-term residential care,
9-24 family counseling, parenting skills training, and youth coping
9-25 skills training.
9-26 SECTION 11. Article 4413(503), Revised Statutes, is amended
9-27 by adding Sections 14 and 15 to read as follows:
10-1 Sec. 14. GIFTS AND GRANTS. The department may accept gifts
10-2 and grants from public or private sources to perform any of its
10-3 powers or duties.
10-4 Sec. 15. CONTRACTS. The department may enter into contracts
10-5 as necessary to perform any of its powers or duties.
10-6 SECTION 12. The heading to Article 4413(504), Revised
10-7 Statutes, is amended to read as follows:
10-8 Art. 4413(504). TEXAS DEPARTMENT OF <PUBLIC> HEALTH
10-9 SECTION 13. Sections 1, 2, and 5, Article 4413(504), Revised
10-10 Statutes, are amended to read as follows:
10-11 Sec. 1. DEFINITIONS. In this article:
10-12 (1) "Board" means the Texas Board of <Public> Health.
10-13 (2) "Commission" means the Health and Human Services
10-14 Commission.
10-15 (3) "Department" means the Texas Department of
10-16 <Public> Health.
10-17 (4) "Director" means the director of the Texas
10-18 Department of <Public> Health.
10-19 Sec. 2. COMPOSITION AND RESPONSIBILITY OF DEPARTMENT. The
10-20 Texas Department of <Public> Health is composed of the board, the
10-21 director, and administrative staff, and other officers and
10-22 employees necessary to efficiently carry out the purposes of this
10-23 article. The department is the state agency with primary
10-24 responsibility for providing health services, including:
10-25 (1) disease prevention;
10-26 (2) health promotion;
10-27 (3) indigent health care;
11-1 (4) certain acute care services;
11-2 (5) health care facility regulation, excluding
11-3 long-term care facilities; and
11-4 (6) <(5)> other health-related services as provided by
11-5 law.
11-6 Sec. 5. DIRECTOR. (a) The board shall employ a director
11-7 who <meets the qualifications required under Section 11.012, Health
11-8 and Safety Code. The director> serves at the pleasure of the
11-9 board.
11-10 (b) The director is the executive head of the department.
11-11 The director shall perform the duties assigned by the board and
11-12 state law.
11-13 (c) Except as provided by Subsection (d), the director must:
11-14 (1) have at least five years of experience in the
11-15 administration of public health systems; and
11-16 (2) be a person licensed to practice medicine in this
11-17 state.
11-18 (d) The board may, based on the qualifications and
11-19 experience in administering public health systems and on two-thirds
11-20 vote of the board, employ a person other than a physician as the
11-21 director.
11-22 SECTION 14. Article 4413(504), Revised Statutes, is amended
11-23 by adding Sections 14 and 15 to read as follows:
11-24 Sec. 14. GIFTS AND GRANTS. The department may accept gifts
11-25 and grants from public or private sources to perform any of its
11-26 powers or duties.
11-27 Sec. 15. CONTRACTS. The department may enter into contracts
12-1 as necessary to perform any of its powers or duties.
12-2 SECTION 15. Section 104.001(a), Health and Safety Code, is
12-3 amended to read as follows:
12-4 (a) The policy of this state and the purpose of this chapter
12-5 are to:
12-6 (1) ensure that health care services and facilities
12-7 are available to all citizens in an orderly and economical manner;
12-8 and
12-9 (2) meet the requirements of applicable federal law
12-10 <and implement the National Health Planning and Resources
12-11 Development Act of 1974 (Pub. L. No. 93-641), as amended by the
12-12 Health Planning and Resources Development Amendments of 1979 (Pub.
12-13 L. No. 96-79), the federal rules and regulations adopted under
12-14 that Act, and other pertinent federal authority>.
12-15 SECTION 16. Section 104.011, Health and Safety Code, is
12-16 amended to read as follows:
12-17 Sec. 104.011. COMPOSITION OF COUNCIL. The statewide health
12-18 coordinating council is composed of 21 members appointed by the
12-19 governor <in accordance with federal law>.
12-20 SECTION 17. Subchapter B, Chapter 104, Health and Safety
12-21 Code, is amended by adding Section 104.0115 to read as follows:
12-22 Sec. 104.0115. TERMS. (a) Members of the council serve for
12-23 staggered six-year terms, with the terms of seven members expiring
12-24 August 31 of each odd-numbered year.
12-25 (b) An appointment to fill a vacancy is for the unexpired
12-26 term.
12-27 SECTION 18. Section 104.021(a), Health and Safety Code, is
13-1 amended to read as follows:
13-2 (a) The department, in accordance with rules adopted by the
13-3 statewide health coordinating council, shall prepare and<,>
13-4 review<, and revise> a proposed state health plan every six years
13-5 and shall revise and update the plan biennially.
13-6 SECTION 19. Section 402.0211(e), Government Code, is amended
13-7 to read as follows:
13-8 (e) This section does not apply to:
13-9 (1) the governor's office;
13-10 (2) an institution of higher education, as defined by
13-11 Section 61.003, Education Code;
13-12 (3) an agency expressly authorized by the General
13-13 Appropriations Act or other statute to hire or select legal
13-14 counsel;
13-15 (4) an agency governed by one or more elected
13-16 officials;
13-17 (5) an agency with a director appointed by the
13-18 governor;
13-19 (6) the Central Education Agency;
13-20 (7) the Department of Public Safety;
13-21 (8) the Employees Retirement System of Texas or the
13-22 Teacher Retirement System of Texas;
13-23 (9) the Parks and Wildlife Department;
13-24 (10) the State Board of Insurance;
13-25 (11) the Texas <State Highway and Public>
13-26 Transportation Commission or the Texas <State> Department of
13-27 <Highways and Public> Transportation;
14-1 (12) the Texas Department of Criminal Justice;
14-2 (13) the Texas Employment Commission;
14-3 (14) the Texas Higher Education Coordinating Board;
14-4 (15) the Texas Natural Resource Conservation
14-5 Commission;
14-6 (16) the Texas Workers' Compensation Commission; <or>
14-7 (17) the Texas Youth Commission; or
14-8 (18) the health and human services agencies listed by
14-9 Section 19, Article 4413(502), Revised Statutes.
14-10 SECTION 20. Sections 73.002(a), (b), (g), and (h), Human
14-11 Resources Code, are amended to read as follows:
14-12 (a) The council is composed of three <one> lay members
14-13 <member> who are <is> the parents <parent> of <a> developmentally
14-14 delayed children <child> and one representative each from the Texas
14-15 Department of Health, the Texas Department of Mental Health and
14-16 Mental Retardation, the Texas Department of Human Services, <and>
14-17 the Central Education Agency, the Department of Protective and
14-18 Regulatory Services, and the Texas Commission on Alcohol and Drug
14-19 Abuse. The governor with the advice and consent of the senate
14-20 shall appoint the lay members <member>, and the commissioner,
14-21 director, or executive director of each agency shall appoint that
14-22 agency's representative. The agency representative should be a
14-23 person in the agency with administrative responsibility for the
14-24 supervision of early childhood intervention support staff or
14-25 related services.
14-26 (b) Members of the council serve for staggered six-year
14-27 terms, with the terms of three members expiring February 1 of each
15-1 odd-numbered year. If a member appointed by a state agency
15-2 terminates employment with the agency the member's position becomes
15-3 vacant on the date of termination <A member appointed by an agency
15-4 serves for a term of two years or until the person terminates
15-5 employment with the agency, whichever occurs first. The member
15-6 appointed by the governor serves for a term of two years expiring
15-7 February 1 of every odd-numbered year>.
15-8 (g) <The council shall direct the Texas Department of Health
15-9 to allocate funds appropriated to the Texas Department of Health
15-10 under this chapter to each agency that assumes implementation
15-11 responsibilities.>
15-12 <(h)> The council shall develop a method for programs funded
15-13 under this chapter to respond to individual complaints regarding
15-14 services provided by the program.
15-15 SECTION 21. Section 73.006, Human Resources Code, is amended
15-16 to read as follows:
15-17 Sec. 73.006. Reimbursement and Staff Support. (a) Agency
15-18 representatives on the council are entitled to reimbursement for
15-19 expenses incurred in the performance of their council duties by the
15-20 appointing agencies in accordance with the travel provisions for
15-21 state employees in the General Appropriations Act. The lay members
15-22 <member> and advisory committee members are entitled to
15-23 reimbursement from the council for actual and necessary expenses
15-24 incurred in the performance of council duties, including
15-25 reimbursement for child care or attendant care.
15-26 (b) The agencies represented on the council shall provide
15-27 staff support to the council. The agencies may provide staff
16-1 support to the committee.
16-2 (c) The council shall select and employ an early childhood
16-3 intervention administrator and other personnel necessary for the
16-4 administration of the council's duties <and shall direct the Texas
16-5 Department of Health to employ that person>.
16-6 SECTION 22. Sections 73.009(a) and (b), Human Resources
16-7 Code, are amended to read as follows:
16-8 (a) The council shall establish policies concerning <to
16-9 provide direction to the Texas Department of Health in performing
16-10 the> services described by this section. A child under six years
16-11 of age may be referred <to the Texas Department of Health> for
16-12 services described by this section if the child is:
16-13 (1) identified as developmentally delayed;
16-14 (2) suspected of being developmentally delayed; or
16-15 (3) considered at risk of developmental delay because
16-16 of certain biological or environmental factors.
16-17 (b) For each child referred, the council <Texas Department
16-18 of Health> shall:
16-19 (1) seek appropriate medical or developmental
16-20 screening or evaluation and if such screening services or
16-21 evaluation services are not available, the council <Texas
16-22 Department of Health> shall provide those services either directly
16-23 or by contract; and
16-24 (2) refer the child to a public or private program
16-25 that can meet the child's needs.
16-26 SECTION 23. Section 73.010(b), Human Resources Code, is
16-27 amended to read as follows:
17-1 (b) The council <Texas Department of Health> may charge fees
17-2 for services provided under this chapter.
17-3 SECTION 24. Section 73.011, Human Resources Code, is amended
17-4 to read as follows:
17-5 Sec. 73.011. Parent Counseling and Case Management. (a)
17-6 The council shall establish policies <to provide direction to the
17-7 Texas Department of Health> concerning the services described by
17-8 this section. For an eligible developmentally delayed child, the
17-9 council <Texas Department of Health> shall provide parent
17-10 counseling and case management services designed to:
17-11 (1) assist in the development of positive attitudes
17-12 and coping skills;
17-13 (2) provide objective information about alternatives
17-14 for securing direct services for the child;
17-15 (3) actively involve the case manager in procuring
17-16 needed services on the parent's behalf;
17-17 (4) actively involve the case manager in responding to
17-18 complaints about services procured through this process; and
17-19 (5) facilitate communication among providers serving
17-20 the child, including the primary physician.
17-21 (b) The services shall be provided before a child is placed
17-22 in an appropriate program. If the child is placed in a program
17-23 that meets the standards established by Section 73.019 <of this
17-24 code>, that program shall assume responsibility for providing
17-25 parent counseling and case management services following placement.
17-26 If the child is not placed in such a program, the council <Texas
17-27 Department of Health> shall continue to provide those services.
18-1 SECTION 25. Section 73.012, Human Resources Code, is amended
18-2 to read as follows:
18-3 Sec. 73.012. Monitoring. (a) The council shall develop
18-4 policies to <provide direction to the Texas Department of Health in
18-5 implementing a system to> ensure that the overall progress of an
18-6 eligible developmentally delayed child who receives services under
18-7 this chapter is monitored until the child enters the public school
18-8 system, including the monitoring of the parental counseling and
18-9 case management services.
18-10 (b) Periodic reevaluations shall be obtained as the council
18-11 <Texas Department of Health> considers necessary. If an original
18-12 placement no longer meets the child's needs, the council <Texas
18-13 Department of Health> shall provide additional referrals.
18-14 SECTION 26. Sections 73.013(a) and (c), Human Resources
18-15 Code, are amended to read as follows:
18-16 (a) The council shall develop policies for <to provide
18-17 direction to the Texas Department of Health in> providing
18-18 intervention services to an eligible developmentally delayed child
18-19 if the council <Texas Department of Health> is not able to place
18-20 the child in a program that meets the standards established by
18-21 Section 73.019 <of this code>.
18-22 (c) The council <Texas Department of Health> may either
18-23 directly provide the services needed to comply with the
18-24 requirements of this section or contract for the provision of the
18-25 services.
18-26 SECTION 27. Sections 73.014 and 73.015, Human Resources
18-27 Code, are amended to read as follows:
19-1 Sec. 73.014. Report. The agencies represented on the
19-2 council and the lay members <member> shall report to the council
19-3 any needs that are identified for the provision of early childhood
19-4 intervention services.
19-5 Sec. 73.015. New Program Strategy. The council shall
19-6 develop a strategy for establishing new programs to meet needs
19-7 identified by the agencies represented on the council and the lay
19-8 members <member> in accordance with Section 73.014 <of this code>.
19-9 SECTION 28. Sections 73.018(a) and (b), Human Resources
19-10 Code, are amended to read as follows:
19-11 (a) For each grant approved by the council, the council
19-12 shall <direct the Texas Department of Health to> allocate
19-13 appropriated funds for the program to the service provider in the
19-14 amount specified by the council.
19-15 (b) The council shall require the service provider to
19-16 execute a contract with the council <Texas Department of Health>
19-17 specifying the program standards and council guidelines that the
19-18 provider has agreed to meet.
19-19 SECTION 29. Section 73.019, Human Resources Code, is amended
19-20 to read as follows:
19-21 Sec. 73.019. Program Standards. Before a grant request for
19-22 a new program may be approved, a service provider must agree to
19-23 meet the following program standards:
19-24 (1) the program must be maintained within the
19-25 guidelines established by the council;
19-26 (2) the provider must ensure that for each child
19-27 served an individualized developmental plan is developed and is
20-1 based on a comprehensive developmental evaluation performed by an
20-2 interdisciplinary team with parent participation and periodic
20-3 review and reevaluation;
20-4 (3) the provider must provide services to meet the
20-5 unique needs of each child as indicated by the child's
20-6 individualized developmental plan;
20-7 (4) the provider must demonstrate a capability to
20-8 obtain or provide an array of services that must include:
20-9 (A) training, counseling, case management
20-10 services, and home visits for the parents of each child served;
20-11 (B) instruction or treatment based on an
20-12 individualized plan in the following areas of development:
20-13 cognitive, gross or fine motor, language or speech, social or
20-14 emotional, and self-help skills; and
20-15 (C) related services, including occupational
20-16 therapy, physical therapy, speech and language therapy, adaptive
20-17 equipment, transportation, and other therapies as needed or
20-18 prescribed;
20-19 (5) the provider must maintain a plan for in-service
20-20 personnel training;
20-21 (6) the provider must cooperate with the council's
20-22 <Texas Department of Health's> monitoring and case management
20-23 efforts;
20-24 (7) the provider must cooperate with the periodic
20-25 evaluation efforts of the council; and
20-26 (8) the provider must develop an approved method to
20-27 respond to individual complaints regarding services provided by a
21-1 program funded under this chapter in accordance with rules adopted
21-2 by the council.
21-3 SECTION 30. Section 73.021(b), Human Resources Code, is
21-4 amended to read as follows:
21-5 (b) If the council determines that a program is not meeting
21-6 a requirement that was agreed on as a condition for funding, the
21-7 council shall <notify the Texas Department of Health to> withhold
21-8 further funding for the program. If the council <Texas Department
21-9 of Health> discovers gross mismanagement of a program, the council
21-10 <department> may withhold further funding for the program <without
21-11 obtaining the council's prior approval>.
21-12 SECTION 31. Section 5.341(b), State Purchasing and General
21-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
21-14 amended to read as follows:
21-15 (b) In this section, "health and human service agency" means
21-16 the:
21-17 (1) Interagency Council on Early Childhood
21-18 Intervention Services;
21-19 (2) Texas Department on Aging;
21-20 (3) Texas Commission on Alcohol and Drug Abuse;
21-21 (4) Texas Commission for the Blind;
21-22 (5) Texas Commission for the Deaf and Hearing
21-23 Impaired;
21-24 (6) Texas Department of Health;
21-25 (7) Texas Department of Human Services;
21-26 (8) Texas Juvenile Probation Commission;
21-27 (9) Texas Department of Mental Health and Mental
22-1 Retardation;
22-2 (10) Texas Rehabilitation Commission;
22-3 (11) Department of Protective and Regulatory Services;
22-4 and
22-5 (12) <(11)> Texas Youth Commission.
22-6 SECTION 32. Section 6.031(b), State Purchasing and General
22-7 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-8 amended to read as follows:
22-9 (b) In this section, "health and human service agency" means
22-10 the:
22-11 (1) Interagency Council on Early Childhood
22-12 Intervention Services;
22-13 (2) Texas Department on Aging;
22-14 (3) Texas Commission on Alcohol and Drug Abuse;
22-15 (4) Texas Commission for the Blind;
22-16 (5) Texas Commission for the Deaf and Hearing
22-17 Impaired;
22-18 (6) Texas Department of Health;
22-19 (7) Texas Department of Human Services;
22-20 (8) Texas Juvenile Probation Commission;
22-21 (9) Texas Department of Mental Health and Mental
22-22 Retardation;
22-23 (10) Texas Rehabilitation Commission;
22-24 (11) Department of Protective and Regulatory Services;
22-25 and
22-26 (12) <(11)> Texas Youth Commission.
22-27 SECTION 33. Section 2(3), Texas Nursing Home Administrators
23-1 Licensure Act (Article 4442d, Vernon's Texas Civil Statutes), is
23-2 amended to read as follows:
23-3 (3) "nursing home" means any institution or facility
23-4 <now or hereafter> licensed as a "nursing home" or "custodial care
23-5 home" <by the Texas State Department of Public Health> under the
23-6 provisions of Chapter 242, Health and Safety Code;
23-7 SECTION 34. Section 3(c), Chapter 65, Acts of the 41st
23-8 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
23-9 Texas Civil Statutes), is amended to read as follows:
23-10 (c) The board shall issue a barber shop permit to an
23-11 applicant who holds a valid class A barber license and whose shop
23-12 meets the minimum health standards for barber shops as promulgated
23-13 by the Texas <State> Department of <Public> Health and all rules
23-14 and regulations of the board.
23-15 SECTION 35. Sections 2(7) and (8), Occupational Therapy
23-16 Title Act (Article 8851, Vernon's Texas Civil Statutes), are
23-17 amended to read as follows:
23-18 (7) "Department" <"Commission"> means the Texas
23-19 Department of Health <Rehabilitation Commission>.
23-20 (8) "Director" means the director of the Texas
23-21 Department of Health <"Commissioner" means the commissioner of the
23-22 Texas Rehabilitation Commission>.
23-23 SECTION 36. Sections 3(a) and (g), Occupational Therapy
23-24 Title Act (Article 8851, Vernon's Texas Civil Statutes), are
23-25 amended to read as follows:
23-26 (a) A Texas Advisory Board of Occupational Therapy is hereby
23-27 created. The board is created as a part of the department
24-1 <commission> and shall perform its duties as a board with the
24-2 department <commission>. The board shall consist of six members
24-3 appointed by the governor with the advice and consent of the senate
24-4 for staggered terms of six years, except for the first board
24-5 appointed hereunder. Appointments to the board shall be made
24-6 without regard to the race, creed, sex, religion, or national
24-7 origin of the appointees. Members of the board are appointed for
24-8 staggered terms of six years, with two members' terms expiring on
24-9 February 1 of each odd-numbered year. In making the initial
24-10 appointments, the governor shall designate two members for terms
24-11 expiring February 1, 1985, two members for terms expiring February
24-12 1, 1987, and two members for terms expiring February 1, 1989. The
24-13 appointments shall be made within 30 days after this Act becomes
24-14 effective.
24-15 (g) The Texas Advisory Board of Occupational Therapy is
24-16 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
24-17 continued in existence as provided by that chapter, the board is
24-18 abolished and this Act expires September 1, 2005 <1993>.
24-19 SECTION 37. Sections 5(e) and (f), Occupational Therapy
24-20 Title Act (Article 8851, Vernon's Texas Civil Statutes), are
24-21 amended to read as follows:
24-22 (e) The board shall propose rules consistent with this Act
24-23 to carry out its duties in administering this Act, shall submit
24-24 said rules to the office of the Attorney General of Texas for
24-25 review, and shall then adopt rules consistent with the advice of
24-26 the attorney general. In adopting its rules, the board shall
24-27 consider any applicable policies and procedures of the department
25-1 <commission>.
25-2 (f) The director <commissioner> with the advice of the board
25-3 shall appoint an executive director to implement the purposes of
25-4 this Act at a salary as determined by legislative appropriation.
25-5 SECTION 38. Section 14, Occupational Therapy Title Act
25-6 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
25-7 as follows:
25-8 Sec. 14. Appropriations to Texas Department of Health
25-9 <Rehabilitation Commission>. The department <commission> shall
25-10 receive an account for funds derived under this Act. The
25-11 department <commission> shall deposit all funds collected under
25-12 this Act to the credit of the General Revenue Fund.
25-13 SECTION 39. This Act does not affect the transfer to the
25-14 Health and Human Services Commission of the powers and duties of a
25-15 state agency that formerly exercised jurisdiction over an activity
25-16 transferred to the commission under Chapter 15, Acts of the 72nd
25-17 Legislature, 1st Called Session, 1991.
25-18 SECTION 40. (a) On September 1, 1993, all functions,
25-19 programs, activities, funds, obligations, contracts, property, and
25-20 records related to the Services for Runaways and At-Risk Youth
25-21 program are transferred from the Texas Department of Human Services
25-22 to the Department of Protective and Regulatory Services.
25-23 (b) A rule or form adopted by the Texas Department of Human
25-24 Services for the Services for Runaways and At-Risk Youth program
25-25 that relates to a function, program, or activity transferred by
25-26 this Act from the Texas Department of Human Services to the
25-27 Department of Protective and Regulatory Services is a rule or form
26-1 of the Department of Protective and Regulatory Services and remains
26-2 in effect until altered by that department.
26-3 SECTION 41. In accordance with Section 104.0115, Health and
26-4 Safety Code, as added by this Act, the governor shall appoint seven
26-5 members of the statewide health coordinating council to terms
26-6 expiring August 31, 1995, seven members to terms expiring August
26-7 31, 1997, and seven members to terms expiring August 31, 1999.
26-8 SECTION 42. (a) All records, personnel, property, and
26-9 unobligated and unexpended appropriations of the Interagency
26-10 Council on Early Childhood Intervention Services are transferred
26-11 from the Texas Department of Health to the council.
26-12 (b) Any rule of the Texas Department of Health regarding the
26-13 council or its functions that exists at the time this Act takes
26-14 effect is continued in effect until superseded by a rule of the
26-15 council.
26-16 (c) A person who is serving a term as a member of the
26-17 advisory committee at the time this Act takes effect is entitled to
26-18 serve for the remainder of the term for which the person was
26-19 appointed.
26-20 (d) The terms of all members of the council expire February
26-21 1, 1995. At that time, in accordance with Section 73.002(b), Human
26-22 Resources Code, as amended by this Act, the governor shall appoint
26-23 one lay member to a term expiring February 1, 1997, one lay member
26-24 to a term expiring February 1, 1999, and one lay member to a term
26-25 expiring February 1, 2001. At that time, in accordance with
26-26 Section 73.002(b), Human Resources Code, as amended by this Act:
26-27 (1) the Central Education Agency and the Department of
27-1 Protective and Regulatory Services shall appoint their respective
27-2 members to serve terms expiring February 1, 1997;
27-3 (2) the Texas Department of Health and the Texas
27-4 Commission on Alcohol and Drug Abuse shall appoint their respective
27-5 members to serve terms expiring February 1, 1999; and
27-6 (3) the Texas Department of Human Services and the
27-7 Texas Department of Mental Health and Mental Retardation shall
27-8 appoint their respective members to serve terms expiring February
27-9 1, 2001.
27-10 SECTION 43. (a) On September 1, 1993, the Texas Advisory
27-11 Board of Occupational Therapy is transferred to the Texas
27-12 Department of Health. On that date, the Texas Department of Health
27-13 assumes all of the obligations, rights, powers, and duties of the
27-14 Texas Rehabilitation Commission, as exercised by that commission
27-15 under the Occupational Therapy Title Act (Article 8851, Vernon's
27-16 Texas Civil Statutes) immediately before the effective date of this
27-17 Act.
27-18 (b) The rules of the Texas Advisory Board of Occupational
27-19 Therapy and a license issued by that board are continued in effect
27-20 as provided by the law in effect immediately before the effective
27-21 date of this Act. A complaint, investigation, contested case, or
27-22 other proceeding pending on the effective date of this Act is
27-23 continued without change in status after the effective date of this
27-24 Act.
27-25 SECTION 44. The following are repealed:
27-26 (1) Section 1.16, Chapter 15, Acts of the 72nd
27-27 Legislature, 1st Called Session, 1991;
28-1 (2) Chapter 11, Health and Safety Code; and
28-2 (3) Section 22.001(e), Human Resources Code.
28-3 SECTION 45. This Act takes effect September 1, 1993.
28-4 SECTION 46. The importance of this legislation and the
28-5 crowded condition of the calendars in both houses create an
28-6 emergency and an imperative public necessity that the
28-7 constitutional rule requiring bills to be read on three several
28-8 days in each house be suspended, and this rule is hereby suspended.