1-1  By:  Vowell (Senate Sponsor - Zaffirini)              H.B. No. 1510
    1-2        (In the Senate - Received from the House May 7, 1993;
    1-3  May 10, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 20, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 8, Nays
    1-6  0; May 20, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson                                      x   
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR H.B. No. 1510               By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the powers and duties of the Health and Human Services
   1-22  Commission, the Department of Protective and Regulatory Services,
   1-23  the Texas Department of Health, and other health and human services
   1-24  agencies, to the statewide health coordinating council, and to the
   1-25  Interagency Council on Early Childhood Intervention Services;
   1-26  providing civil and criminal penalties.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Section 1.06(c), Chapter 15, Acts of the 72nd
   1-29  Legislature, 1st Called Session, 1991, is amended to read as
   1-30  follows:
   1-31        (c)  On September 1, 1993, or an earlier date provided by an
   1-32  interagency agreement with the affected agencies, the following
   1-33  functions, programs, and activities are transferred from the Texas
   1-34  Department of Human Services to the Department of Protective and
   1-35  Regulatory Services:
   1-36              (1)  <except as provided in Section 1.11 of this
   1-37  article, from the Texas Department of Health:>
   1-38                    <(A)  investigations of abuse and neglect in
   1-39  long-term care facilities;>
   1-40                    <(B)  functions, programs, and activities
   1-41  concerning institutions other than long-term care facilities; and>
   1-42                    <(C)  the institutional component of licensing
   1-43  and certification activity other than long-term care facilities;>
   1-44              <(2)  from the Texas Department of Human Services:>
   1-45                    <(A)>  the adult protective services program,
   1-46  including investigations and client services; and
   1-47              (2) <(B)>  activity concerning licensure of child care
   1-48  facilities.
   1-49        SECTION 2.  Section 1.07, Chapter 15, Acts of the 72nd
   1-50  Legislature, 1st Called Session, 1991, is amended to read as
   1-51  follows:
   1-52        Sec. 1.07.  TRANSFER OF PROPERTY, RECORDS, OBLIGATIONS,
   1-53  FUNDS, FUNCTIONS, PROGRAMS, AND ACTIVITIES TO THE TEXAS DEPARTMENT
   1-54  OF <PUBLIC> HEALTH.  (a)  On September 1, 1993, or an earlier date
   1-55  provided by an interagency agreement with the affected agencies,
   1-56  the following functions, programs, and activities are transferred
   1-57  to the Texas Department of <Public> Health established under
   1-58  Chapter 11, Health and Safety Code:
   1-59              (1)  from the Texas Department of Human Services:
   1-60                    (A)  preventive health services programs;
   1-61                    (B)  early and periodic screening and diagnosis
   1-62  and treatment;
   1-63                    (C)  family planning;
   1-64                    (D)  the purchased health services program; and
   1-65                    (E)  the indigent health care program; and
   1-66              (2)  <from the Texas Department of Health:>
   1-67                    <(A)  the community and rural health program,
   1-68  including colonias;>
    2-1                    <(B)  the disease prevention program;>
    2-2                    <(C)  vital statistics activity;>
    2-3                    <(D)  milk and dairy activity;>
    2-4                    <(E)  food and drug activity;>
    2-5                    <(F)  shellfish sanitation activity;>
    2-6                    <(G)  zoonosis control activity;>
    2-7                    <(H)  cooperative meat inspection activity;>
    2-8                    <(I)  general sanitation activity;>
    2-9                    <(J)  maternal and child health activity;>
   2-10                    <(K)  women, infants, and children activity;>
   2-11                    <(L)  epilepsy activity;>
   2-12                    <(M)  chronic disease prevention and control
   2-13  activity;>
   2-14                    <(N)  primary care activity;>
   2-15                    <(O)  dental health activity;>
   2-16                    <(P)  activity of the Texas Diabetes Council;>
   2-17                    <(Q)  all programs of the San Antonio State Chest
   2-18  Hospital;>
   2-19                    <(R)  all programs of the South Texas Hospital;>
   2-20                    <(S)  chronically ill and disabled children
   2-21  activity;>
   2-22                    <(T)  children's outreach heart activity;>
   2-23                    <(U)  kidney health care activity; and>
   2-24                    <(V)  adult hemophilia activity; and>
   2-25              <(3)>  from the Texas Department of Mental Health and
   2-26  Mental Retardation the genetics screening and counseling program.
   2-27        (b)  On September 1, 1993, or an earlier date provided by an
   2-28  interagency agreement with the affected agencies, all funds,
   2-29  obligations, and contracts of an entity listed in Subsection (a) of
   2-30  this section related to a function, program, or activity
   2-31  transferred under that subsection are transferred to the Texas
   2-32  Department of <Public> Health established under Chapter 11, Health
   2-33  and Safety Code.
   2-34        (c)  On September 1, 1993, or an earlier date provided by an
   2-35  interagency agreement with the affected agencies, all property and
   2-36  records in the custody of an entity listed in Subsection (a) of
   2-37  this section related to a function, program, or activity
   2-38  transferred under that subsection and all funds appropriated by the
   2-39  legislature for the function, program, or activity shall be
   2-40  transferred to the Texas Department of <Public> Health established
   2-41  under Chapter 11, Health and Safety Code.
   2-42        (d)  On September 1, 1993, or an earlier date provided by an
   2-43  interagency agreement with the affected agencies, all employees of
   2-44  an entity listed in Subsection (a) of this section who perform the
   2-45  duties transferred under that subsection become employees of the
   2-46  Texas Department of <Public> Health, to be assigned duties by the
   2-47  director of the Texas Department of <Public> Health established
   2-48  under Chapter 11, Health and Safety Code.
   2-49        (e)  A rule or form adopted by an entity listed in Subsection
   2-50  (a) of this section that relates to a function, program, or
   2-51  activity transferred under that subsection is a rule or form of the
   2-52  Texas Department of <Public> Health established under Chapter 11,
   2-53  Health and Safety Code, and remains in effect until altered by the
   2-54  department.  The secretary of state is authorized to adopt rules as
   2-55  necessary to expedite the implementation of this section.
   2-56        SECTION 3.  Section 1.11, Chapter 15, Acts of the 72nd
   2-57  Legislature, 1st Called Session, 1991, is amended to read as
   2-58  follows:
   2-59        Sec. 1.11.  TRANSFER OF CERTAIN LONG-TERM CARE FUNCTIONS TO
   2-60  THE TEXAS DEPARTMENT OF HUMAN SERVICES.  Not later than September
   2-61  1, 1993, all functions, powers, duties, funds, and obligations of
   2-62  the Texas Department of Health relating to long-term care
   2-63  licensing, certification, and surveys, and to investigations of
   2-64  abuse and neglect in long-term care facilities, and all employees
   2-65  who perform these duties and all relevant records are transferred
   2-66  to the Texas Department of Human Services.  A rule, form, or policy
   2-67  relating to these functions is a rule, form, or policy of the Texas
   2-68  Department of Human Services on transfer of the functions under
   2-69  this section and remains in effect until altered by the department,
   2-70  except that not later than January 1, 1995, the department shall
    3-1  review and streamline all rules, forms, policies, and procedures
    3-2  relating to these functions to eliminate overlapping or unnecessary
    3-3  systems, programs, punitive actions, and functions.  The intent of
    3-4  the legislature is that all regulation and rate setting for
    3-5  long-term care facilities be consolidated into a single state
    3-6  agency.  The secretary of state is authorized to adopt rules as
    3-7  necessary to expedite the implementation of this section.
    3-8        SECTION 4.  Section 3.03(d), Chapter 15, Acts of the 72nd
    3-9  Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
   3-10  Texas Civil Statutes), is amended to read as follows:
   3-11        (d)  In this section, "health and human service agency" means
   3-12  the:
   3-13              (1)  Interagency Council on Early Childhood
   3-14  Intervention Services;
   3-15              (2)  Texas Department on Aging;
   3-16              (3)  Texas Commission on Alcohol and Drug Abuse;
   3-17              (4)  Texas Commission for the Blind;
   3-18              (5)  Texas Commission for the Deaf and Hearing
   3-19  Impaired;
   3-20              (6)  Texas Department of Health;
   3-21              (7)  Texas Department of Human Services;
   3-22              (8)  Texas Juvenile Probation Commission;
   3-23              (9)  Texas Department of Mental Health and Mental
   3-24  Retardation;
   3-25              (10)  Texas Rehabilitation Commission; and
   3-26              (11)  Department of Protective and Regulatory Services
   3-27  <Texas Youth Commission>.
   3-28        SECTION 5.  Section 3.08(c), Chapter 15, Acts of the 72nd
   3-29  Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
   3-30  Texas Civil Statutes), is amended to read as follows:
   3-31        (c)  In this section, "health and human service agencies"
   3-32  includes the:
   3-33              (1)  Interagency Council on Early Childhood
   3-34  Intervention Services;
   3-35              (2)  Texas Department on Aging;
   3-36              (3)  Texas Commission on Alcohol and Drug Abuse;
   3-37              (4)  Texas Commission for the Blind;
   3-38              (5)  Texas Commission for the Deaf and Hearing
   3-39  Impaired;
   3-40              (6)  Texas Department of Health;
   3-41              (7)  Texas Department of Human Services;
   3-42              (8)  Texas Juvenile Probation Commission;
   3-43              (9)  Texas Department of Mental Health and Mental
   3-44  Retardation;
   3-45              (10)  Texas Rehabilitation Commission; and
   3-46              (11)  Department of Protective and Regulatory Services
   3-47  <Texas Youth Commission>.
   3-48        SECTION 6.  Section 4, Article 4413(502), Revised Statutes,
   3-49  is amended to read as follows:
   3-50        Sec. 4.  <OPEN MEETINGS;> ADMINISTRATIVE PROCEDURE.  The
   3-51  commission is subject to <the open meetings law, Chapter 271, Acts
   3-52  of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
   3-53  Vernon's Texas Civil Statutes), and> the Administrative Procedure
   3-54  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   3-55  Statutes).
   3-56        SECTION 7.  Section 10(a), Article 4413(502), Revised
   3-57  Statutes, is amended to read as follows:
   3-58        (a)  The commissioner shall develop a coordinated, six-year
   3-59  strategic plan for health and human services in the state and shall
   3-60  update the plan biennially.  The commissioner shall submit <the
   3-61  initial plan and> each <subsequent> biennial update of the plan to
   3-62  the governor, lieutenant governor, and speaker of the house of
   3-63  representatives no later than October 1 <15> of each even-numbered
   3-64  year<, with the initial plan submitted no later than October 15,
   3-65  1992>.
   3-66        SECTION 8.  Section 13(a), Article 4413(502), Revised
   3-67  Statutes, is amended to read as follows:
   3-68        (a)  The commission shall prepare and submit to the
   3-69  Legislative Budget Board and the governor by October 15 <1> of
   3-70  even-numbered years a consolidated health and human services budget
    4-1  recommendation.
    4-2        SECTION 9.  Section 19, Article 4413(502), Revised Statutes,
    4-3  is amended to read as follows:
    4-4        Sec. 19.  Health and Human Services Agencies.  In this
    4-5  article, "health and human services agencies" includes the:
    4-6              (1)  Interagency Council on Early Childhood
    4-7  Intervention Services;
    4-8              (2)  Texas Department on Aging;
    4-9              (3)  Texas Commission on Alcohol and Drug Abuse;
   4-10              (4)  Texas Commission for the Blind;
   4-11              (5)  Texas Commission for the Deaf and Hearing
   4-12  Impaired;
   4-13              (6)  Texas Department of Health;
   4-14              (7)  Texas Department of Human Services;
   4-15              (8)  Texas Juvenile Probation Commission;
   4-16              (9)  Texas Department of Mental Health and Mental
   4-17  Retardation;
   4-18              (10)  Texas Rehabilitation Commission; and
   4-19              (11)  Department of Protective and Regulatory Services
   4-20  <Texas Youth Commission>.
   4-21        SECTION 10.  Article 4413(502), Revised Statutes, is amended
   4-22  by adding Sections 20 and 21 to read as follows:
   4-23        Sec. 20.  GIFTS AND GRANTS.  The commission may accept gifts
   4-24  and grants from public or private sources to perform any of its
   4-25  powers or duties.
   4-26        Sec. 21.  CONTRACTS; POWERS.  The commission may enter into
   4-27  contracts as necessary to perform any of its powers or duties and
   4-28  has all the powers and duties necessary to administer this article.
   4-29        SECTION 11.  Section 3, Article 4413(503), Revised Statutes,
   4-30  is amended by adding Subsection (j) to read as follows:
   4-31        (j)  While performing their duties, board members are
   4-32  entitled to per diem as prescribed by the General Appropriations
   4-33  Act.
   4-34        SECTION 12.  Section 12, Article 4413(503), Revised Statutes,
   4-35  is amended to read as follows:
   4-36        Sec. 12.  DEPARTMENT POWERS AND DUTIES.  (a)  The department
   4-37  shall:
   4-38              (1)  develop a departmental strategic plan based on the
   4-39  goals and priorities stated in the commission's coordinated
   4-40  strategic plan for health and human services;
   4-41              (2)  submit any legislative appropriation request to
   4-42  the commission for comment and for incorporation in the
   4-43  commission's statewide health and human services budget
   4-44  recommendations in keeping with state priorities and federal
   4-45  requirements;
   4-46              (3)  propose and implement service delivery standards
   4-47  for departmental programs;
   4-48              (4)  propose and adopt rules to ensure the department's
   4-49  compliance with state and federal law and to facilitate the
   4-50  implementation of departmental programs;
   4-51              (5)  provide training and technical assistance to
   4-52  regional and local service providers;
   4-53              (6)  develop and implement systems for monitoring
   4-54  departmental program performance and service delivery;
   4-55              (7)  promote innovative service delivery at the local
   4-56  level;
   4-57              (8)  cooperate and coordinate with other departments in
   4-58  the delivery of services; and
   4-59              (9)  perform other functions as required by law.
   4-60        (b)  The department shall operate a program entitled
   4-61  "Services for Runaways and At-Risk Youth" to provide services for
   4-62  runaways, truants, and other children who are considered at risk of
   4-63  running away from home or at risk of suffering abuse or neglect and
   4-64  for the families of those children.  The services may include
   4-65  crisis family intervention, emergency short-term residential care,
   4-66  family counseling, parenting skills training, and youth coping
   4-67  skills training.
   4-68        (c)  The department and the Texas Department of Mental Health
   4-69  and Mental Retardation shall adopt companion rules providing for
   4-70  the disposition of corrective action recommendations made by the
    5-1  department concerning findings of abuse or neglect in facilities of
    5-2  the Texas Department of Mental Health and Mental Retardation.
    5-3        SECTION 13.  Article 4413(503), Revised Statutes, is amended
    5-4  by adding Sections 14 and 15 to read as follows:
    5-5        Sec. 14.  GIFTS AND GRANTS.  The department may accept gifts
    5-6  and grants from public or private sources to perform any of its
    5-7  powers or duties.
    5-8        Sec. 15.  CONTRACTS.  The department may enter into contracts
    5-9  as necessary to perform any of its powers or duties.
   5-10        SECTION 14.  Section 2, Article 4413(701), Revised Statutes,
   5-11  is amended to read as follows:
   5-12        Sec. 2.  Powers and Duties.  (a)  The Health and Human
   5-13  Services Transportation and Planning Office shall:
   5-14              (1)  collect data on health and human services client
   5-15  transportation needs, services, and expenditures;
   5-16              (2)  create a statewide coordination plan regarding a
   5-17  system of transportation for clients of health and human services
   5-18  agencies including the designation of locally based transportation
   5-19  coordinators;
   5-20              (3)  establish standards of reporting and accounting
   5-21  methods for all agencies providing health and human services client
   5-22  transportation;
   5-23              (4)  maximize federal funds for client transportation
   5-24  through the use of available state funds for matching purposes and
   5-25  the possible use of oil overcharge money and planning funds
   5-26  available through the federal Department of Transportation;
   5-27              (5)  evaluate the effectiveness of pooling client
   5-28  transportation resources for purposes of capital acquisition and
   5-29  the joint purchase of liability insurance;
   5-30              (6)  assist state agencies in coordinating
   5-31  transportation resources;
   5-32              (7)  ensure coordination between the Health and Human
   5-33  Services Transportation and Planning Office and the State
   5-34  Department of Highways and Public Transportation with regard to the
   5-35  use of funds received by the State Department of Highways and
   5-36  Public Transportation under 49 U.S.C. Section 1612(b)(1);
   5-37              (8)  examine the feasibility of consolidating all
   5-38  funding for health and human services client transportation and
   5-39  creating a transportation system through which clients of any state
   5-40  or local agency or program could be matched with the most
   5-41  cost-effective and appropriate transportation services for their
   5-42  needs; <and>
   5-43              (9)  evaluate the use of existing computer software for
   5-44  use at the local level in client transportation services; and
   5-45              (10)  review the feasibility of taking medical care to
   5-46  those in need, including the use of mobile clinics, and review the
   5-47  possibility of using federal highway funds for those transportation
   5-48  needs.
   5-49        (b)  The Health and Human Services Transportation and
   5-50  Planning Office shall coordinate with the Health and Human Services
   5-51  Commission and health and human services agencies in implementing
   5-52  the goals listed in Section 10(b), Article 4413(502), Revised
   5-53  Statutes.  The office shall report its findings and proposals to
   5-54  the commissioner of health and human services not later than
   5-55  September 1 of each even-numbered year.
   5-56        SECTION 15.  Sections 11.001, 11.004-11.007, 11.010, and
   5-57  11.011, Health and Safety Code, are amended to read as follows:
   5-58        Sec. 11.001.  Definitions.  In this title:
   5-59              (1)  "Board" means the Texas Board of Health.
   5-60              (2)  "Commissioner" means the commissioner of public
   5-61  health.
   5-62              (3)  "Department" means the Texas Department of Health.
   5-63        Sec. 11.004.  Composition and Responsibility of Department.
   5-64  (a)  The department is composed of the board,<:>
   5-65              <(1)>  the commissioner,<;>
   5-66              <(2)>  an administrative staff,<;>
   5-67              <(3)>  the San Antonio State Chest Hospital,<; and>
   5-68              <(4)>  the South Texas Hospital, and other officers and
   5-69  employees necessary to perform efficiently its powers and duties.
   5-70        (b)  The department is the state agency with primary
    6-1  responsibility for providing health services, including:
    6-2              (1)  disease prevention;
    6-3              (2)  health promotion;
    6-4              (3)  indigent health care;
    6-5              (4)  certain acute care services;
    6-6              (5)  health care facility regulation, excluding
    6-7  long-term care facilities;
    6-8              (6)  licensing of certain health professions; and
    6-9              (7)  other health-related services as provided by law.
   6-10        Sec. 11.005.  Composition of Board.  (a)  The board is
   6-11  composed of six <the following 18> members appointed by the
   6-12  governor with the advice and consent of the senate<:>
   6-13              <(1)  six physicians licensed under the laws of this
   6-14  state, each of whom has been engaged in the practice of medicine in
   6-15  this state for at least five years before appointment and one of
   6-16  whom specializes in the treatment of disabled children;>
   6-17              <(2)  two hospital administrators with at least five
   6-18  years of experience in hospital administration in this state before
   6-19  appointment;>
   6-20              <(3)  one dentist licensed under the laws of this state
   6-21  who has been engaged in the practice of dentistry in this state for
   6-22  at least five years before appointment;>
   6-23              <(4)  one registered nurse licensed to practice
   6-24  professional nursing under the laws of this state who has been
   6-25  engaged in the practice of nursing in this state for at least five
   6-26  years before appointment;>
   6-27              <(5)  one veterinarian licensed under the laws of this
   6-28  state who has been engaged in the practice of veterinary medicine
   6-29  in this state for at least five years before appointment;>
   6-30              <(6)  one pharmacist licensed under the laws of this
   6-31  state who has been engaged in the practice of pharmacy in this
   6-32  state for at least five years before appointment;>
   6-33              <(7)  one nursing home administrator licensed under the
   6-34  laws of this state who has been engaged as a nursing home
   6-35  administrator in this state for at least five years before
   6-36  appointment;>
   6-37              <(8)  one optometrist licensed under the laws of this
   6-38  state who has been engaged in the practice of optometry in this
   6-39  state for at least five years before appointment;>
   6-40              <(9)  one professional engineer licensed under the laws
   6-41  of this state who holds a civil engineering degree from an
   6-42  accredited university or college and who has specialized in the
   6-43  practice of sanitary engineering in this state for at least five
   6-44  years before appointment;>
   6-45              <(10)  one doctor of chiropractic licensed under the
   6-46  laws of this state who has been engaged in the practice of
   6-47  chiropractic in this state for at least five years before
   6-48  appointment; and>
   6-49              <(11)  two public members who have none of the
   6-50  qualifications required of the other members>.
   6-51        (b)  Appointments to the board shall be made without regard
   6-52  to the race, color, handicap, sex, religion, age, or national
   6-53  origin of the appointees.
   6-54        (c)  Four members of the board must have a demonstrated
   6-55  interest in the services provided by the department, and two
   6-56  members must represent the public.
   6-57        Sec. 11.006.  Restrictions on Board Appointment, Membership,
   6-58  and Employment.  (a)  A person is not eligible for appointment as a
   6-59  public member of the board if the person or the person's spouse:
   6-60              (1)  <is registered, certified, or licensed by an
   6-61  occupational regulatory agency in the field of health care;>
   6-62              <(2)>  is employed by or participates in the management
   6-63  of a business entity or other organization regulated by the
   6-64  department or receiving funds from the department;
   6-65              (2) <(3)>  owns, controls, or has, directly or
   6-66  indirectly, more than a 10 percent interest in a business entity or
   6-67  other organization regulated by the department or receiving funds
   6-68  from the department; or
   6-69              (3) <(4)>  uses or receives a substantial amount of
   6-70  tangible goods, services, or funds from the department.
    7-1        (b)  An officer, employee, or paid consultant of a trade
    7-2  association in the field of health care may not be a member or
    7-3  employee of the board.
    7-4        (c)  A person who is the spouse of an officer, managerial
    7-5  employee, or paid consultant of a trade association in the field of
    7-6  health care may not be a board member or a board employee grade 17
    7-7  or over, including exempt employees, according to the position
    7-8  classification schedule under the General Appropriations Act.
    7-9        (d)  A person may not serve as a member of the board or act
   7-10  as the general counsel to the board if the person is required to
   7-11  register as a lobbyist under Chapter 305, Government Code, because
   7-12  of the person's activities for compensation on behalf of a
   7-13  profession related to the operation of the board.
   7-14        Sec. 11.007.  Terms.  Board members serve for staggered
   7-15  six-year terms, with the terms of two <six> members expiring
   7-16  February 1 of each odd-numbered year.
   7-17        Sec. 11.010.  PER DIEM; REIMBURSEMENT FOR EXPENSES.  A board
   7-18  member receives no fixed salary but is entitled to receive:
   7-19              (1)  a per diem as prescribed by the General
   7-20  Appropriations Act <$50 per day> for each day spent in performing
   7-21  the member's official duties <attending board meetings>; and
   7-22              (2)  reimbursement for travel expenses and other
   7-23  necessary expenses incurred in performing official duties.
   7-24        Sec. 11.011.  Meetings.  (a)  The board shall meet in the
   7-25  city of Austin or in other places fixed by the board.
   7-26        (b)  The board shall meet at least once each calendar quarter
   7-27  on dates determined by the board and shall hold special meetings at
   7-28  the call of the chairman.  The chairman shall give timely notice to
   7-29  each member of any special meeting.
   7-30        (c)  A meeting of a board committee shall be held in
   7-31  compliance with the open meetings law, Chapter 271, Acts of the
   7-32  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   7-33  Texas Civil Statutes).
   7-34        (d)  Four members of the board constitute a quorum.
   7-35        SECTION 16.  Section 11.012(f), Health and Safety Code, is
   7-36  amended to read as follows:
   7-37        (f)  The board may supplement the salary of the commissioner
   7-38  with the approval of the governor.  The salary may not exceed 1.5
   7-39  times the salary of the governor, from funds appropriated to the
   7-40  department.  The use of funds from other sources are not limited by
   7-41  this subsection.
   7-42        SECTION 17.  Chapter 12, Health and Safety Code, is amended
   7-43  by adding Subchapter G to read as follows:
   7-44               SUBCHAPTER G.  OFFICE OF MINORITY HEALTH
   7-45        Sec. 12.081.  OFFICE OF MINORITY HEALTH.  The department
   7-46  shall establish and maintain an office of minority health in the
   7-47  department to:
   7-48              (1)  assume a leadership role in working or contracting
   7-49  with state and federal agencies, universities, private interest
   7-50  groups, communities, foundations, and offices of minority health to
   7-51  develop minority health initiatives, including bilingual
   7-52  communications; and
   7-53              (2)  maximize use of existing resources without
   7-54  duplicating existing efforts.
   7-55        Sec. 12.082.  POWERS OF OFFICE.  The office may:
   7-56              (1)  provide a central information and referral source
   7-57  and serve as the primary state resource in coordinating, planning,
   7-58  and advocating access to minority health care services in this
   7-59  state;
   7-60              (2)  coordinate conferences and other training
   7-61  opportunities to increase skills among state agencies and
   7-62  government staff in management and in the appreciation of cultural
   7-63  diversity;
   7-64              (3)  pursue and administer grant funds for innovative
   7-65  projects for communities, groups, and individuals;
   7-66              (4)  provide recommendations and training in improving
   7-67  minority recruitment in state agencies;
   7-68              (5)  publicize minority health issues through the use
   7-69  of the media;
   7-70              (6)  network with existing minority organizations;
    8-1              (7)  solicit, receive, and spend grants, gifts, and
    8-2  donations from public and private sources; and
    8-3              (8)  contract with public and private entities in the
    8-4  performance of its responsibilities.
    8-5        Sec. 12.083.  FUNDING.  The department may distribute to the
    8-6  office unobligated and unexpended appropriations to be used to
    8-7  carry out its powers.
    8-8        Sec. 12.084.  REPORT TO LEGISLATURE.  Not later than January
    8-9  1 of each odd-numbered year, the office shall submit a biennial
   8-10  report to the legislature regarding the activities of the office
   8-11  and any findings and recommendations relating to minority health
   8-12  issues.
   8-13        SECTION 18.  Section 104.001(a), Health and Safety Code, is
   8-14  amended to read as follows:
   8-15        (a)  The policy of this state and the purpose of this chapter
   8-16  are to:
   8-17              (1)  ensure that health care services and facilities
   8-18  are available to all citizens in an orderly and economical manner;
   8-19  and
   8-20              (2)  meet the requirements of applicable federal law
   8-21  <and implement the National Health Planning and Resources
   8-22  Development Act of 1974 (Pub. L. No. 93-641), as amended by the
   8-23  Health Planning and Resources Development Amendments of 1979 (Pub.
   8-24  L. No.  96-79), the federal rules and regulations adopted under
   8-25  that Act, and other pertinent federal authority>.
   8-26        SECTION 19.  Section 104.011, Health and Safety Code, is
   8-27  amended to read as follows:
   8-28        Sec. 104.011.  COMPOSITION OF COUNCIL.  The statewide health
   8-29  coordinating council is composed of 15 <21> members appointed by
   8-30  the governor <in accordance with federal law>.  The governor shall
   8-31  appoint three members who represent health care professionals,
   8-32  three members who represent institutions of higher education, three
   8-33  members who are consumer advocates, and six public members.
   8-34        SECTION 20.  Subchapter B, Chapter 104, Health and Safety
   8-35  Code, is amended by adding Section 104.0115 to read as follows:
   8-36        Sec. 104.0115.  TERMS.  (a)  Members of the council serve for
   8-37  staggered six-year terms, with the terms of five members expiring
   8-38  August 31 of each odd-numbered year.
   8-39        (b)  An appointment to fill a vacancy is for the unexpired
   8-40  term.
   8-41        SECTION 21.  Section 104.021(a), Health and Safety Code, is
   8-42  amended to read as follows:
   8-43        (a)  The department, in accordance with rules adopted by the
   8-44  statewide health coordinating council, shall prepare and<,>
   8-45  review<, and revise> a proposed state health plan every six years
   8-46  and shall revise and update the plan biennially.
   8-47        SECTION 22.  Sections 104.022(e) and (f), Health and Safety
   8-48  Code, are amended to read as follows:
   8-49        (e)  The state health plan shall be developed and used in
   8-50  accordance with applicable state and federal law.  The plan must
   8-51  identify:
   8-52              (1)  major statewide health concerns;
   8-53              (2)  the availability and use of current health
   8-54  resources of the state, including resources associated with
   8-55  state-supported institutions of higher education; and
   8-56              (3)  future health service and facility needs of the
   8-57  state.
   8-58        (f)  The state health plan must:
   8-59              (1)  propose strategies for the correction of major
   8-60  deficiencies in the service delivery system; <and>
   8-61              (2)  propose strategies for involving state-supported
   8-62  institutions of higher education in providing health services and
   8-63  for coordinating those efforts with health and human services
   8-64  agencies in order to close gaps in services; and
   8-65              (3)  provide direction for the state's legislative and
   8-66  executive decision-making processes to implement the strategies
   8-67  proposed by the plan.
   8-68        SECTION 23.  Section 242.002(6), Health and Safety Code, is
   8-69  amended to read as follows:
   8-70              (6)  "Institution" means:
    9-1                    (A)  an establishment that:
    9-2                          (i)  furnishes, in one or more facilities,
    9-3  food and shelter to four or more persons who are unrelated to the
    9-4  proprietor of the establishment; and
    9-5                          (ii)  provides minor treatment under the
    9-6  direction and supervision of a physician licensed by the Texas
    9-7  State Board of Medical Examiners, or other services that meet some
    9-8  need beyond the basic provision of food, shelter, and laundry; or
    9-9                    (B)  <a place or establishment that receives,
   9-10  treats, or cares for, overnight or longer, within a period of 12
   9-11  months, four or more pregnant women or women who, within two weeks
   9-12  before the date of the treatment or care, gave birth to a child,
   9-13  not including a woman who receives maternity care in the place or
   9-14  establishment that is the home of a relative of the woman related
   9-15  within the third degree of consanguinity or affinity, as determined
   9-16  under Article 5996h, Revised Statutes; or>
   9-17                    <(C)>  a foster care type residential facility
   9-18  that provides room and board to fewer than five persons who:
   9-19                          (i)  are not related within the second
   9-20  degree of consanguinity or affinity, as determined under Article
   9-21  5996h, Revised Statutes, to the proprietor; and
   9-22                          (ii)  because of their physical or mental
   9-23  limitation, or both, require a level of care and services suitable
   9-24  to their needs that contributes to their health, comfort, and
   9-25  welfare.
   9-26        SECTION 24.  Subtitle B, Title 4, Health and Safety Code, is
   9-27  amended by adding Chapter 249 to read as follows:
   9-28                     CHAPTER 249.  MATERNITY HOMES
   9-29        Sec. 249.001.  DEFINITIONS.  In this chapter:
   9-30              (1)  "Board" means the Board of Protective and
   9-31  Regulatory Services.
   9-32              (2)  "Department" means the Department of Protective
   9-33  and Regulatory Services.
   9-34              (3)  "Maternity home" means a place or establishment
   9-35  that receives, treats, or cares for, overnight or longer, within a
   9-36  period of 12 months, four or more pregnant women or women who,
   9-37  within two weeks before the date of the treatment or care, gave
   9-38  birth to a child, not including a woman who receives maternity care
   9-39  in the place or establishment that is the home of a relative of the
   9-40  woman related within the third degree of consanguinity or affinity,
   9-41  as determined under Article 5996h, Revised Statutes.
   9-42        Sec. 249.002.  LICENSE REQUIRED.  (a)  A person may not
   9-43  establish or operate a maternity home in this state without a
   9-44  license issued under this chapter.
   9-45        (b)  A license is not transferable or assignable.
   9-46        Sec. 249.003.  LICENSE APPLICATION AND ISSUANCE.  (a)  An
   9-47  applicant for a maternity home license must submit an application
   9-48  to the department on a form prescribed by the department.
   9-49        (b)  Each application must be accompanied by a nonrefundable
   9-50  license fee in an amount set by the board.
   9-51        (c)  The department shall issue a license if, after
   9-52  inspection and investigation, it finds that the applicant and the
   9-53  center meet the requirements of this chapter and the standards
   9-54  adopted under this chapter.
   9-55        (d)  The license fee must be paid annually on renewal of the
   9-56  license.
   9-57        Sec. 249.004.  INSPECTIONS.   The department may inspect a
   9-58  maternity home at reasonable times as necessary to assure
   9-59  compliance with this chapter.
   9-60        Sec. 249.005.  FEES.  The board shall set fees imposed by
   9-61  this chapter in amounts reasonable and necessary to defray the cost
   9-62  of administering this chapter.
   9-63        Sec. 249.006.  MATERNITY HOME LICENSING FUND.  All fees
   9-64  collected under this chapter shall be deposited in the state
   9-65  treasury to the credit of the maternity home licensing fund and may
   9-66  be appropriated to the department only to administer and enforce
   9-67  this chapter.
   9-68        Sec. 249.007.  ADOPTION OF RULES.  The board shall adopt
   9-69  rules necessary to implement this chapter, including requirements
   9-70  for the issuance, renewal, denial, suspension, and revocation of a
   10-1  license to operate a maternity home.
   10-2        Sec. 249.008.  MINIMUM STANDARDS.  (a)  The rules must
   10-3  contain minimum standards applicable to a maternity home and for:
   10-4              (1)  the qualifications of the professional staff and
   10-5  other personnel;
   10-6              (2)  the equipment essential to the health and welfare
   10-7  of the patients; and
   10-8              (3)  the sanitary and hygienic conditions within the
   10-9  home and its surroundings.
  10-10        (b)  This section does not authorize the board to:
  10-11              (1)  establish the qualifications of a licensed
  10-12  practitioner; or
  10-13              (2)  permit a person to provide health care services
  10-14  who is not authorized to provide those services under another state
  10-15  law.
  10-16        Sec. 249.009.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
  10-17  (a)  The department may deny, suspend, or revoke a license for a
  10-18  violation of this chapter or a rule adopted under this chapter.
  10-19        (b)  The denial, suspension, or revocation of a license by
  10-20  the department and the appeal from that action are governed by the
  10-21  procedures for a contested case hearing under the Administrative
  10-22  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  10-23  Civil Statutes).
  10-24        Sec. 249.010.  INJUNCTION.  (a)  The department may petition
  10-25  a district court for a temporary restraining order to restrain a
  10-26  continuing violation of the standards or licensing requirements
  10-27  provided under this chapter if the department finds that the
  10-28  violation creates an immediate threat to the health and safety of
  10-29  the patients of a maternity home.
  10-30        (b)  A district court, on petition of the department and on a
  10-31  finding by the court that a person is violating the standards or
  10-32  licensing requirements provided under this chapter, may by
  10-33  injunction:
  10-34              (1)  prohibit a person from continuing a violation of
  10-35  the standards or licensing requirements provided under this
  10-36  chapter;
  10-37              (2)  restrain or prevent the establishment or operation
  10-38  of a maternity home without a license issued under this chapter; or
  10-39              (3)  grant any other injunctive relief warranted by the
  10-40  facts.
  10-41        (c)  The attorney general shall institute and conduct a suit
  10-42  authorized by this section at the request of the department.
  10-43        (d)  Venue for a suit brought under this section is in the
  10-44  county in which the maternity home is located or in Travis County.
  10-45        Sec. 249.011.  CRIMINAL PENALTY.  (a)  A person commits an
  10-46  offense if the person violates Section 249.002(a).
  10-47        (b)  An offense under this section is punishable by a fine of
  10-48  not more than $1,000 for the first offense and not more than $500
  10-49  for each subsequent offense.
  10-50        (c)  Each day of a continuing violation constitutes a
  10-51  separate offense.
  10-52        Sec. 249.012.  CIVIL PENALTY.  (a)  A person who violates
  10-53  this chapter or who fails to comply with a rule adopted under this
  10-54  chapter is liable for a civil penalty of not less than $100 or more
  10-55  than $10,000 for each violation if the department determines the
  10-56  violation threatens the health and safety of a patient.
  10-57        (b)  Each day of a continuing violation constitutes a
  10-58  separate ground for recovery.
  10-59        SECTION 25.  Subtitle B, Title 4, Health and Safety Code, is
  10-60  amended by adding Chapter 250 to read as follows:
  10-61            CHAPTER 250.  NURSE AIDE REGISTRY AND CRIMINAL
  10-62                    HISTORY CHECKS OF EMPLOYEES AND
  10-63      APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES SERVING THE
  10-64                 ELDERLY OR PERSONS WITH DISABILITIES
  10-65        Sec. 250.001.  DEFINITIONS.  In this chapter:
  10-66              (1)  "Nurse aide registry" means a list maintained by
  10-67  the department of nurse aides under the Omnibus Budget
  10-68  Reconciliation Act of 1987 (Pub. L. No. 100-203).
  10-69              (2)  "Board" means the Texas Board of Health.
  10-70              (3)  "Department" means the Texas Department of Health.
   11-1              (4)  "Direct contact with a consumer" means any contact
   11-2  with a resident or client or a family member or visitor of a
   11-3  resident or client in a facility covered by this chapter.
   11-4              (5)  "Facility" means:
   11-5                    (A)  a nursing home, custodial care home, or
   11-6  other institution licensed by the department under Chapter 242;
   11-7                    (B)  a personal care facility licensed by the
   11-8  department under Chapter 247;
   11-9                    (C)  a home health agency licensed by the
  11-10  department under Chapter 142;
  11-11                    (D)  an adult day care facility or adult day
  11-12  health care facility licensed by the department under Chapter 103,
  11-13  Human Resources Code;
  11-14                    (E)  a facility for persons with mental
  11-15  retardation   licensed or certified by the department;
  11-16                    (F)  an unlicensed attendant care agency that
  11-17  contracts with the Texas Department of Human Services;
  11-18                    (G)  an intermediate care facility for persons
  11-19  with mental retardation that is certified to participate in the
  11-20  Medicaid program under Title XIX of the Social Security Act (42
  11-21  U.S.C. Section 1396 et seq.); or
  11-22                    (H)  an adult foster care provider that contracts
  11-23  with the Texas Department of Human Services.
  11-24        Sec. 250.002.  VERIFICATION OF EMPLOYABILITY; DISCHARGE.
  11-25  (a)  A facility may not employ a person in a position the duties of
  11-26  which involve direct contact with a consumer in the facility  if
  11-27  the results of a criminal history check reveal that a person has
  11-28  been convicted of an offense listed in this chapter that bars
  11-29  employment, and if the applicant is a nurse aide, until the
  11-30  facility further verifies that the applicant is listed in the nurse
  11-31  aide registry and verifies that the applicant is not designated in
  11-32  the registry as having a finding entered into the registry
  11-33  concerning abuse, neglect, or mistreatment of a consumer of a
  11-34  facility, or misappropriation of a consumer's property.  A person
  11-35  licensed under another law of this state is exempt from the
  11-36  requirements of this chapter.
  11-37        (b)  The facility may not employ the applicant if it is
  11-38  notified by the department that a conviction bars employment,
  11-39  except that in an emergency requiring immediate employment, a
  11-40  facility may hire a person not listed in the registry pending the
  11-41  results of a criminal conviction check, which must be submitted
  11-42  within 72 hours of employment.
  11-43        (c)  A facility shall immediately discharge any employee in a
  11-44  position the duties of which involve direct contact with a consumer
  11-45  in the facility who is designated  in the nurse aide registry as
  11-46  having committed an act of abuse, neglect, or mistreatment of a
  11-47  consumer of a facility, or misappropriation of a consumer's
  11-48  property, or whose criminal history check reveals conviction of a
  11-49  crime that bars employment as provided by this chapter.
  11-50        Sec. 250.003.  CRIMINAL HISTORY RECORD OF EMPLOYEES.
  11-51  (a)  Identifying information, including mailing addresses, of
  11-52  employees in direct contact with consumers in covered facilities
  11-53  shall be submitted   to the Department of Public Safety to obtain
  11-54  the person's criminal conviction record when the person applies for
  11-55  employment and at other times as the department or the facility may
  11-56  determine appropriate.
  11-57        (b)  If the Department of Public Safety reports to the
  11-58  department that a person has a criminal conviction of any kind,
  11-59  the conviction shall be reviewed by the department to determine if
  11-60  the conviction may bar the person from employment in a facility
  11-61  under Section 250.005 or 250.006.
  11-62        Sec. 250.004.  NOTICE AND OPPORTUNITY FOR ADMINISTRATIVE
  11-63  REVIEW.  (a)  If the department believes that a conviction may bar
  11-64  a person from employment in a facility under Section 250.005 or
  11-65  250.006, the department shall notify the facility and applicant.
  11-66        (b)  The notification shall state that the finding of a
  11-67  criminal conviction that may bar employment is a preliminary
  11-68  finding and that the person has the right to object to the accuracy
  11-69  of the report and to object to the finding that the crime is one
  11-70  that bars employment under Section 250.005 or 250.006.  If a crime
   12-1  is one that requires the consideration of mitigating factors under
   12-2  Section 250.006, the notification shall also state that the person
   12-3  has the right to submit documentation concerning the misdemeanor
   12-4  classification of the offense, the age of the person when the
   12-5  offense was committed,   rehabilitation including employment
   12-6  history in a facility, or mitigating circumstances when the offense
   12-7  was committed.  The right to request removal of the bar to
   12-8  employment does not extend to any finding by a court involving
   12-9  abuse, neglect, or mistreatment of a consumer of a facility.
  12-10        (c)  The notification shall state:
  12-11              (1)  that the person may submit a written request, not
  12-12  later than the 20th day after the date the notification is
  12-13  received, for an administrative review of the criminal history
  12-14  report;
  12-15              (2)  the name of the office, including its address, to
  12-16  which the request must be submitted; and
  12-17              (3)  that the failure to request an administrative
  12-18  review  will cause the  department to designate the person as
  12-19  "unemployable" in the registry, if the person is an applicant for a
  12-20  nurse aide position, and to bar the person from employment in any
  12-21  facility.
  12-22        (d)  On receipt of a timely request, an administrative review
  12-23  shall be provided in accordance with board rules.  The review is
  12-24  not subject to the Administrative Procedure and Texas Register Act
  12-25  (Article 6252-13a, Vernon's Texas Civil Statutes).  The review
  12-26  shall be conducted by an administrative review panel consisting of
  12-27  five members and at least two alternates appointed by the board.
  12-28  The panel shall be composed of representatives of the facilities
  12-29  covered by this chapter, a representative of employees of those
  12-30  facilities, and representatives of consumers.  The review panel
  12-31  shall consider each application submitted in writing by an
  12-32  applicant to determine if mitigating circumstances existed at the
  12-33  time the crime was committed or whether the applicant has been
  12-34  substantially rehabilitated since that time.  The panel's decision
  12-35  shall be made solely from the documentation and other information
  12-36  submitted by the applicant.  The department may not be required to
  12-37  make an independent investigation of the applicant's allegations.
  12-38  If the panel finds the documentation submitted by the applicant is
  12-39  insufficient to remove the bar to employment, the panel shall
  12-40  provide the applicant an opportunity to appear personally before
  12-41  the panel and offer further information.
  12-42        (e)  A designation of "unemployable" may not be entered in
  12-43  the   registry or a facility may not be notified of unemployability
  12-44  until the person affected has exhausted all appeals available under
  12-45  board rules.
  12-46        (f)  A nurse aide for whom there is a finding of abuse,
  12-47  neglect, or mistreatment of a consumer of a facility, or
  12-48  misappropriation of a consumer's property, and who is listed in the
  12-49  nurse aide registry as "unemployable" as a result of those
  12-50  findings, shall be offered the opportunity of a hearing under board
  12-51  rules.  The hearing is not subject to the Administrative Procedure
  12-52  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  12-53  Statutes).  The hearing may be conducted and decided by a hearing
  12-54  officer designated by the department.
  12-55        Sec. 250.005.  CONVICTIONS BARRING EMPLOYMENT.  (a)  A person
  12-56  convicted of an offense listed in this section may not be employed
  12-57  in a position the duties of which involve direct contact with a
  12-58  consumer in a facility:
  12-59              (1)  an offense under Chapter 19, Penal Code (criminal
  12-60  homicide);
  12-61              (2)  an offense under Chapter 20, Penal Code
  12-62  (kidnapping and false imprisonment);
  12-63              (3)  an offense under Section 21.11, Penal Code
  12-64  (indecency with a child);
  12-65              (4)  an offense under Section 25.031, Penal Code
  12-66  (agreement to abduct from custody);
  12-67              (5)  an offense under Section 25.06, Penal Code
  12-68  (solicitation of a child);
  12-69              (6)  an offense under Section 25.11, Penal Code (sale
  12-70  or purchase of a child);
   13-1              (7)  an offense under Section 28.02, Penal Code
   13-2  (arson);
   13-3              (8)  an offense under Section 29.02, Penal Code
   13-4  (robbery); or
   13-5              (9)  an offense under Section 29.03, Penal Code
   13-6  (aggravated robbery).
   13-7        (b)  When the proceedings under Section 250.004 are complete,
   13-8  the department shall enter in the nurse aide registry, if the
   13-9  person is an applicant for a nurse aide position, the designation
  13-10  "unemployable" under the name of a person convicted of an offense
  13-11  listed in this section and shall notify the facility that employs
  13-12  the person of the designation.
  13-13        Sec. 250.006.  CONVICTIONS POTENTIALLY BARRING EMPLOYMENT.
  13-14  (a)  A person convicted of an offense listed in this section may
  13-15  not be employed in a position the duties of which involve direct
  13-16  contact with a consumer in a facility unless:
  13-17              (1)  the offense for which the person was convicted is
  13-18  punishable as a Class C misdemeanor; or
  13-19              (2)  the department finds through its administrative
  13-20  review process that the person is unlikely to be a threat to the
  13-21  consumers or property of the consumers in a facility.
  13-22        (b)  In making a finding under Subsection (a)(2), the
  13-23  department shall consider the misdemeanor classification of the
  13-24  offense, the age of the person at the time the offense was
  13-25  committed, the length of time since the offense was committed,
  13-26  evidence of rehabilitation including employment history in a
  13-27  facility, or mitigating circumstances when the offense was
  13-28  committed.
  13-29        (c)  A conviction for any of the following offenses may bar
  13-30  employment under this section:
  13-31              (1)  an offense under Chapter 22, Penal Code
  13-32  (assaultive offenses);
  13-33              (2)  an offense under Chapter 30, Penal Code (burglary
  13-34  and criminal trespass);
  13-35              (3)  an offense under Chapter 31, Penal Code (theft);
  13-36              (4)  an offense under Chapter 46, Penal Code (weapons);
  13-37              (5)  a felony violation of a statute intended to
  13-38  control the possession or distribution of a substance included in
  13-39  Chapter 481, Government Code (Texas Controlled Substances Act);
  13-40              (6)  an offense under Chapter 32, Penal Code (fraud);
  13-41              (7)  an offense under Section 21.07, Penal Code (public
  13-42  lewdness);
  13-43              (8)  an offense under Section 21.08, Penal Code
  13-44  (indecent exposure); or
  13-45              (9)  an offense under Chapter 43, Penal Code (public
  13-46  indecency).
  13-47        (d)  Except as provided by Subsection (a), and when the
  13-48  proceedings under Section 250.004 are completed, the department
  13-49  shall enter in the nurse aide registry, if the person is an
  13-50  applicant for a nurse aide position, the designation "unemployable"
  13-51  under the name of a person found to have been convicted of an
  13-52  offense listed in this section and shall notify the facility that
  13-53  employs the person of the designation.
  13-54        (e)  If the department finds that a person is unlikely to be
  13-55  a threat as provided by Subsection (a)(2), the department shall
  13-56  note in the   nurse aide registry that the person's conviction has
  13-57  been reviewed and excepted from the bar to employment.
  13-58        Sec. 250.007.  RECORDS PRIVILEGED.  (a)  The criminal history
  13-59  records are for the exclusive use of the department and the
  13-60  requesting facility.
  13-61        (b)  All criminal records and reports and the information
  13-62  they contain that are received by the department are privileged
  13-63  information and are for the exclusive use of the department.
  13-64        (c)  The criminal records and reports and the information
  13-65  they contain may not be released or otherwise disclosed to any
  13-66  person or agency except on court order or with the written consent
  13-67  of the person being investigated.
  13-68        Sec. 250.008.  CRIMINAL PENALTY.  (a)  A person commits an
  13-69  offense if the person releases or otherwise discloses any
  13-70  information received under this chapter except as prescribed by
   14-1  Section 250.007(b) or (c).
   14-2        (b)  An offense under this section is a Class A misdemeanor.
   14-3        Sec. 250.009.  CIVIL LIABILITY.  A facility or an officer or
   14-4  employee of a facility is not civilly liable for failure to comply
   14-5  with this chapter if the facility makes a good faith effort to
   14-6  comply.
   14-7        SECTION 26.  Section 222.042, Health and Safety Code, is
   14-8  amended to read as follows:
   14-9        Sec. 222.042.  Licensing of ICF-MR Beds and Facilities.  The
  14-10  department may not license or approve as meeting licensing
  14-11  standards new ICF-MR beds or the expansion of an existing ICF-MR
  14-12  facility unless<:>
  14-13              <(1)>  the new beds or the expansion was included in
  14-14  the plan approved by the Health and Human Services Commission in
  14-15  accordance with Section 533.062 <Interagency Council on ICF-MR
  14-16  Facilities in accordance with Section 2.43, Texas Mental Health and
  14-17  Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
  14-18  Statutes); and>
  14-19              <(2)  the Texas Department of Mental Health and Mental
  14-20  Retardation has approved the beds or the expansion for
  14-21  certification in accordance with Section 2.44, Texas Mental Health
  14-22  and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
  14-23  Statutes)>.
  14-24        SECTION 27.  Section 533.062, Health and Safety Code, is
  14-25  amended to read as follows:
  14-26        Sec. 533.062.  PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
  14-27  RETARDATION <ICF-MR FACILITIES>.  (a)  The department shall
  14-28  biennially develop a proposed <annually> plan on long-term care for
  14-29  persons with mental retardation <for the creation of new beds in
  14-30  the ICF-MR program>.
  14-31        (b)  The proposed plan must specify the capacity of the HCS
  14-32  waiver program for persons with mental retardation and the number
  14-33  and levels of new ICF-MR beds to be authorized <created> in each
  14-34  region.  In developing the proposed plan, the department shall
  14-35  consider:
  14-36              (1)  the needs of the population to be served;
  14-37              (2)  projected appropriation amounts for the biennium
  14-38  <the resources of the governmental entities responsible for
  14-39  providing services>; and
  14-40              (3)  the requirements of applicable federal law.
  14-41        (c)  Each proposed plan shall cover the subsequent fiscal
  14-42  biennium <year>.  The department shall conduct a public hearing on
  14-43  the proposed plan.  Not later than July 1 of each even-numbered
  14-44  year, the department shall submit the plan to the Health and Human
  14-45  Services Commission <Interagency Council on ICF-MR Facilities> for
  14-46  approval.
  14-47        (d)  The Health and Human Services Commission may modify the
  14-48  proposed plan as necessary before its final approval.  In
  14-49  determining the appropriate number of ICF-MR facilities for persons
  14-50  with a related condition, the department and the Health and Human
  14-51  Services Commission shall consult with the Texas Department of
  14-52  Human Services <The board by rule shall adopt the plan approved by
  14-53  the Interagency Council on ICF-MR Facilities>.
  14-54        (e)  The Health and Human Services Commission shall submit
  14-55  the proposed plan as part of the consolidated health and human
  14-56  services budget recommendation required under Section 13, Article
  14-57  4413(502), Revised Statutes <The department may submit to the
  14-58  Interagency Council on ICF-MR Facilities proposed amendments to a
  14-59  plan in operation that the department considers necessary>.
  14-60        (f)  After legislative action on the appropriation for
  14-61  long-term care services for persons with mental retardation, the
  14-62  Health and Human Services Commission shall adjust the plan to
  14-63  ensure that the number of ICF-MR beds licensed or approved as
  14-64  meeting license requirements and the capacity of the HCS waiver
  14-65  program are within appropriated funding amounts.
  14-66        (g)  After any necessary adjustments, the Health and Human
  14-67  Services Commission shall approve the final biennial plan and
  14-68  publish the plan in the Texas Register.
  14-69        (h)  The department may submit proposed amendments to the
  14-70  plan to the Health and Human Services Commission.
   15-1        (i)  In this section, "HCS waiver program" means services
   15-2  under the state Medicaid home and community-based services waiver
   15-3  program for persons with mental retardation adopted in accordance
   15-4  with 42 U.S.C.  Section 1396n(c).
   15-5        SECTION 28.  Section 402.0211(e), Government Code, is amended
   15-6  to read as follows:
   15-7        (e)  This section does not apply to:
   15-8              (1)  the governor's office;
   15-9              (2)  an institution of higher education, as defined by
  15-10  Section 61.003, Education Code;
  15-11              (3)  an agency expressly authorized by the General
  15-12  Appropriations Act or other statute to hire or select legal
  15-13  counsel;
  15-14              (4)  an agency governed by one or more elected
  15-15  officials;
  15-16              (5)  an agency with a director appointed by the
  15-17  governor;
  15-18              (6)  the Central Education Agency;
  15-19              (7)  the Department of Public Safety;
  15-20              (8)  the Employees Retirement System of Texas or the
  15-21  Teacher Retirement System of Texas;
  15-22              (9)  the Parks and Wildlife Department;
  15-23              (10)  the State Board of Insurance;
  15-24              (11)  the Texas <State Highway and Public>
  15-25  Transportation Commission or the Texas <State> Department of
  15-26  <Highways and Public> Transportation;
  15-27              (12)  the Texas Department of Criminal Justice;
  15-28              (13)  the Texas Employment Commission;
  15-29              (14)  the Texas Higher Education Coordinating Board;
  15-30              (15)  the Texas Natural Resource Conservation
  15-31  Commission;
  15-32              (16)  the Texas Workers' Compensation Commission; <or>
  15-33              (17)  the Texas Youth Commission; or
  15-34              (18)  the health and human services agencies listed by
  15-35  Section 19, Article 4413(502), Revised Statutes.
  15-36        SECTION 29.  Chapter 22, Human Resources Code, is amended by
  15-37  adding Section 22.0065 to read as follows:
  15-38        Sec. 22.0065.  ACCESS TO OTHER CRIMINAL HISTORY INFORMATION
  15-39  RECORDS.  (a)  Subject to the availability of funds appropriated by
  15-40  the legislature, the department is entitled to obtain criminal
  15-41  history information records maintained by the Department of Public
  15-42  Safety, the Federal Bureau of Investigation identification
  15-43  division, or another law enforcement agency to investigate:
  15-44              (1)  an adult who lives with a person who provides or
  15-45  applies to provide adoptive or foster care for a child in the care
  15-46  of the department if the person lives or will live in the residence
  15-47  in which the child will reside;
  15-48              (2)  a department employee who is engaged in the direct
  15-49  delivery of protective services to an elderly person or a person
  15-50  with a disability;
  15-51              (3)  a person who applies for a position with the
  15-52  department the duties of which include direct delivery of
  15-53  protective services to an elderly person or a person with a
  15-54  disability;
  15-55              (4)  a person who is the subject of a report the
  15-56  department receives alleging that the person has abused or
  15-57  neglected a child; or
  15-58              (5)  a relative providing or applying to provide
  15-59  in-home care for a child in the care of the department and other
  15-60  adults living with that relative in the residence in which the
  15-61  child will reside.
  15-62        (b)  The provisions of Section 22.006 apply to criminal
  15-63  history information records requested or received by the department
  15-64  under this section.
  15-65        SECTION 30.  Sections 73.002(a), (b), (g), and (h), Human
  15-66  Resources Code, are amended to read as follows:
  15-67        (a)  The council is composed of three <one> lay members
  15-68  <member> who are <is> the parents <parent> of <a> developmentally
  15-69  delayed children <child> and one representative each from the Texas
  15-70  Department of Health, the Texas Department of Mental Health and
   16-1  Mental Retardation, the Texas Department of Human Services, <and>
   16-2  the Central Education Agency, the Department of Protective and
   16-3  Regulatory Services, and the Texas Commission on Alcohol and Drug
   16-4  Abuse.  The governor with the advice and consent of the senate
   16-5  shall appoint the lay members <member>, and the commissioner,
   16-6  director, or executive director of each agency shall appoint that
   16-7  agency's representative.  The agency representative should be a
   16-8  person in the agency with administrative responsibility for the
   16-9  supervision of early childhood intervention support staff or
  16-10  related services.
  16-11        (b)  Members of the council serve for staggered six-year
  16-12  terms, with the terms of three members expiring February 1 of each
  16-13  odd-numbered year.  If a member appointed by a state agency
  16-14  terminates employment with the agency, the member's position
  16-15  becomes vacant on the date of termination <A member appointed by an
  16-16  agency serves for a term of two years or until the person
  16-17  terminates employment with the agency, whichever occurs first.  The
  16-18  member appointed by the governor serves for a term of two years
  16-19  expiring February 1 of every odd-numbered year>.
  16-20        (g)  <The council shall direct the Texas Department of Health
  16-21  to allocate funds appropriated to the Texas Department of Health
  16-22  under this chapter to each agency that assumes implementation
  16-23  responsibilities.>
  16-24        <(h)>  The council shall develop a method for programs funded
  16-25  under this chapter to respond to individual complaints regarding
  16-26  services provided by the program.
  16-27        SECTION 31.  Section 73.006, Human Resources Code, is amended
  16-28  to read as follows:
  16-29        Sec. 73.006.  Reimbursement and Staff Support.  (a)  Agency
  16-30  representatives on the council are entitled to reimbursement for
  16-31  expenses incurred in the performance of their council duties by the
  16-32  appointing agencies in accordance with the travel provisions for
  16-33  state employees in the General Appropriations Act.  The lay members
  16-34  described by Section 73.002(a) <member> and advisory committee
  16-35  members are entitled to reimbursement from the council for actual
  16-36  and necessary expenses incurred in the performance of council
  16-37  duties, including reimbursement for child care or attendant care.
  16-38        (b)  The agencies represented on the council shall provide
  16-39  staff support to the council.  The agencies may provide staff
  16-40  support to the committee.
  16-41        (c)  The council shall select and employ an early childhood
  16-42  intervention administrator and other personnel necessary for the
  16-43  administration of the council's duties <and shall direct the Texas
  16-44  Department of Health to employ that person>.
  16-45        SECTION 32.  Sections 73.009(a) and (b), Human Resources
  16-46  Code, are amended to read as follows:
  16-47        (a)  The council shall establish policies concerning <to
  16-48  provide direction to the Texas Department of Health in performing
  16-49  the> services described by this section.  A child under six years
  16-50  of age may be referred <to the Texas Department of Health> for
  16-51  services described by this section if the child is:
  16-52              (1)  identified as developmentally delayed;
  16-53              (2)  suspected of being developmentally delayed; or
  16-54              (3)  considered at risk of developmental delay because
  16-55  of certain biological or environmental factors.
  16-56        (b)  For each child referred, the council <Texas Department
  16-57  of Health> shall:
  16-58              (1)  seek appropriate medical or developmental
  16-59  screening or evaluation and if such screening services or
  16-60  evaluation services are not available, the council <Texas
  16-61  Department of Health> shall provide those services either directly
  16-62  or by contract; and
  16-63              (2)  refer the child to a public or private program
  16-64  that can meet the child's needs.
  16-65        SECTION 33.  Section 73.010(b), Human Resources Code, is
  16-66  amended to read as follows:
  16-67        (b)  The council <Texas Department of Health> may charge fees
  16-68  for services provided under this chapter.
  16-69        SECTION 34.  Section 73.011, Human Resources Code, is amended
  16-70  to read as follows:
   17-1        Sec. 73.011.  Parent Counseling and Case Management.
   17-2  (a)  The council shall establish policies <to provide direction to
   17-3  the Texas Department of Health> concerning the services described
   17-4  by this section.  For an eligible developmentally delayed child,
   17-5  the council <Texas Department of Health> shall provide parent
   17-6  counseling and case management services designed to:
   17-7              (1)  assist in the development of positive attitudes
   17-8  and coping skills;
   17-9              (2)  provide objective information about alternatives
  17-10  for securing direct services for the child;
  17-11              (3)  actively involve the case manager in procuring
  17-12  needed services on the parent's behalf;
  17-13              (4)  actively involve the case manager in responding to
  17-14  complaints about services procured through this process; and
  17-15              (5)  facilitate communication among providers serving
  17-16  the child, including the primary physician.
  17-17        (b)  The services shall be provided before a child is placed
  17-18  in an appropriate program.  If the child is placed in a program
  17-19  that meets the standards established by Section 73.019 <of this
  17-20  code>, that program shall assume responsibility for providing
  17-21  parent counseling and case management services following placement.
  17-22  If the child is not placed in such a program, the council <Texas
  17-23  Department of Health> shall continue to provide those services.
  17-24        SECTION 35.  Section 73.012, Human Resources Code, is amended
  17-25  to read as follows:
  17-26        Sec. 73.012.  Monitoring.  (a)  The council shall develop
  17-27  policies to <provide direction to the Texas Department of Health in
  17-28  implementing a system to> ensure that the overall progress of an
  17-29  eligible developmentally delayed child who receives services under
  17-30  this chapter is monitored until the child enters the public school
  17-31  system, including the monitoring of the parental counseling and
  17-32  case management services.
  17-33        (b)  Periodic reevaluations shall be obtained as the council
  17-34  <Texas Department of Health> considers necessary.  If an original
  17-35  placement no longer meets the child's needs, the council <Texas
  17-36  Department of Health> shall provide additional referrals.
  17-37        SECTION 36.  Sections 73.013(a) and (c), Human Resources
  17-38  Code, are amended to read as follows:
  17-39        (a)  The council shall develop policies for <to provide
  17-40  direction to the Texas Department of Health in> providing
  17-41  intervention services to an eligible developmentally delayed child
  17-42  if the council <Texas Department of Health> is not able to place
  17-43  the child in a program that meets the standards established by
  17-44  Section 73.019 <of this code>.
  17-45        (c)  The council <Texas Department of Health> may either
  17-46  directly provide the services needed to comply with the
  17-47  requirements of this section or contract for the provision of the
  17-48  services.
  17-49        SECTION 37.  Sections 73.014 and 73.015, Human Resources
  17-50  Code, are amended to read as follows:
  17-51        Sec. 73.014.  Report.  The agencies represented on the
  17-52  council and the lay members <member> shall report to the council
  17-53  any needs that are identified for the provision of early childhood
  17-54  intervention services.
  17-55        Sec. 73.015.  New Program Strategy.  The council shall
  17-56  develop a strategy for establishing new programs to meet needs
  17-57  identified by the agencies represented on the council and the lay
  17-58  members <member> in accordance with Section 73.014 <of this code>.
  17-59        SECTION 38.  Sections 73.018(a) and (b), Human Resources
  17-60  Code, are amended to read as follows:
  17-61        (a)  For each grant approved by the council, the council
  17-62  shall <direct the Texas Department of Health to> allocate
  17-63  appropriated funds for the program to the service provider in the
  17-64  amount specified by the council.
  17-65        (b)  The council shall require the service provider to
  17-66  execute a contract with the council <Texas Department of Health>
  17-67  specifying the program standards and council guidelines that the
  17-68  provider has agreed to meet.
  17-69        SECTION 39.  Section 73.019, Human Resources Code, is amended
  17-70  to read as follows:
   18-1        Sec. 73.019.  Program Standards.  Before a grant request for
   18-2  a new program may be approved, a service provider must agree to
   18-3  meet the following program standards:
   18-4              (1)  the program must be maintained within the
   18-5  guidelines established by the council;
   18-6              (2)  the provider must ensure that for each child
   18-7  served an individualized developmental plan is developed and is
   18-8  based on a comprehensive developmental evaluation performed by an
   18-9  interdisciplinary team with parent participation and periodic
  18-10  review and reevaluation;
  18-11              (3)  the provider must provide services to meet the
  18-12  unique needs of each child as indicated by the child's
  18-13  individualized developmental plan;
  18-14              (4)  the provider must demonstrate a capability to
  18-15  obtain or provide an array of services that must include:
  18-16                    (A)  training, counseling, case management
  18-17  services, and home visits for the parents of each child served;
  18-18                    (B)  instruction or treatment based on an
  18-19  individualized plan in the following areas of development:
  18-20  cognitive, gross or fine motor, language or speech, social or
  18-21  emotional, and self-help skills; and
  18-22                    (C)  related services, including occupational
  18-23  therapy, physical therapy, speech and language therapy, adaptive
  18-24  equipment, transportation, and other therapies as needed or
  18-25  prescribed;
  18-26              (5)  the provider must maintain a plan for in-service
  18-27  personnel training;
  18-28              (6)  the provider must cooperate with the council's
  18-29  <Texas Department of Health's> monitoring and case management
  18-30  efforts;
  18-31              (7)  the provider must cooperate with the periodic
  18-32  evaluation efforts of the council; and
  18-33              (8)  the provider must develop an approved method to
  18-34  respond to individual complaints regarding services provided by a
  18-35  program funded under this chapter in accordance with rules adopted
  18-36  by the council.
  18-37        SECTION 40.  Section 73.021(b), Human Resources Code, is
  18-38  amended to read as follows:
  18-39        (b)  If the council determines that a program is not meeting
  18-40  a requirement that was agreed on as a condition for funding, the
  18-41  council shall <notify the Texas Department of Health to> withhold
  18-42  further funding for the program.  If the council <Texas Department
  18-43  of Health> discovers gross mismanagement of a program, the council
  18-44  <department> may withhold further funding for the program <without
  18-45  obtaining the council's prior approval>.
  18-46        SECTION 41.  Sections 34.22(b) and (c), Family Code, are
  18-47  amended to read as follows:
  18-48        (b)  Each state agency shall notify the Department of
  18-49  Protective and Regulatory Services <Office of Youth Care
  18-50  Investigations> of each report of abuse or neglect it receives
  18-51  under this subchapter relating to abuse or neglect in a facility
  18-52  operated by the agency according to rules adopted by the
  18-53  department.
  18-54        (c)  Each state agency shall adopt rules relating to the
  18-55  investigation and resolution of reports received under this
  18-56  subchapter.  The Health and Human Services Commission <Office of
  18-57  Youth Care Investigations> shall review and approve such rules to
  18-58  ensure that all agencies implement appropriate standards for the
  18-59  conduct of investigations and that uniformity exists among agencies
  18-60  in the investigation and resolution of reports.
  18-61        SECTION 42.  Section 34.23, Family Code, is amended by
  18-62  amending Subsection (b) and adding Subsection (d) to read as
  18-63  follows:
  18-64        (b)  If the investigation relates to a report of abuse or
  18-65  neglect in a facility operated by a state agency, the agency shall
  18-66  submit a copy of the report to the Department of Protective and
  18-67  Regulatory Services <Office of Youth Care Investigations>.
  18-68        (d)  A state agency that licenses, certifies, or registers a
  18-69  facility in which children are located shall compile, maintain, and
  18-70  make available statistics on the incidence of child abuse and
   19-1  neglect in a facility the agency licenses, regulates, or certifies.
   19-2  The Department of Protective and Regulatory Services shall compile,
   19-3  maintain, and make available statistics on the incidence of child
   19-4  abuse and neglect in a facility operated by a state agency.
   19-5        SECTION 43.  Section 34.24, Family Code, is amended to read
   19-6  as follows:
   19-7        Sec. 34.24.  COMPLAINTS.  (a)  If a state agency receives a
   19-8  complaint relating to an investigation conducted by the agency
   19-9  concerning a facility operated by that agency in which children are
  19-10  located, the agency shall refer the complaint to its board <the
  19-11  Office of Youth Care Investigations>.
  19-12        (b)  The board of a state agency that operates a facility in
  19-13  which children are located shall ensure that the procedure for
  19-14  investigating abuse and neglect allegations and inquiries in the
  19-15  agency's facility is periodically reviewed under the agency's
  19-16  internal audit program required by the Texas Internal Auditing Act
  19-17  (Article 6252-5d, Vernon's Texas Civil Statutes).
  19-18        SECTION 44.  Section 5.341(b), State Purchasing and General
  19-19  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  19-20  amended to read as follows:
  19-21        (b)  In this section, "health and human service agency" means
  19-22  the:
  19-23              (1)  Interagency Council on Early Childhood
  19-24  Intervention Services;
  19-25              (2)  Texas Department on Aging;
  19-26              (3)  Texas Commission on Alcohol and Drug Abuse;
  19-27              (4)  Texas Commission for the Blind;
  19-28              (5)  Texas Commission for the Deaf and Hearing
  19-29  Impaired;
  19-30              (6)  Texas Department of Health;
  19-31              (7)  Texas Department of Human Services;
  19-32              (8)  Texas Juvenile Probation Commission;
  19-33              (9)  Texas Department of Mental Health and Mental
  19-34  Retardation;
  19-35              (10)  Texas Rehabilitation Commission; and
  19-36              (11)  Department of Protective and Regulatory Services
  19-37  <Texas Youth Commission>.
  19-38        SECTION 45.  Section 6.031(b), State Purchasing and General
  19-39  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  19-40  amended to read as follows:
  19-41        (b)  In this section, "health and human service agency" means
  19-42  the:
  19-43              (1)  Interagency Council on Early Childhood
  19-44  Intervention Services;
  19-45              (2)  Texas Department on Aging;
  19-46              (3)  Texas Commission on Alcohol and Drug Abuse;
  19-47              (4)  Texas Commission for the Blind;
  19-48              (5)  Texas Commission for the Deaf and Hearing
  19-49  Impaired;
  19-50              (6)  Texas Department of Health;
  19-51              (7)  Texas Department of Human Services;
  19-52              (8)  Texas Juvenile Probation Commission;
  19-53              (9)  Texas Department of Mental Health and Mental
  19-54  Retardation;
  19-55              (10)  Texas Rehabilitation Commission; and
  19-56              (11)  Department of Protective and Regulatory Services
  19-57  <Texas Youth Commission>.
  19-58        SECTION 46.  Section 2(3), Texas Nursing Home Administrators
  19-59  Licensure Act (Article 4442d, Vernon's Texas Civil Statutes), is
  19-60  amended to read as follows:
  19-61              (3)  "nursing home" means any institution or facility
  19-62  <now or hereafter> licensed as a "nursing home" or "custodial care
  19-63  home" <by the Texas State Department of Public Health> under the
  19-64  provisions of Chapter 242, Health and Safety Code;
  19-65        SECTION 47.  Section 3(c), Chapter 65, Acts of the 41st
  19-66  Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
  19-67  Texas Civil Statutes), is amended to read as follows:
  19-68        (c)  The board shall issue a barber shop permit to an
  19-69  applicant who holds a valid class A barber license and whose shop
  19-70  meets the minimum health standards for barber shops as promulgated
   20-1  by the Texas <State> Department of <Public> Health and all rules
   20-2  and regulations of the board.
   20-3        SECTION 48.  (a)  In this section:
   20-4              (1)  "Department" means the Texas Department of Human
   20-5  Services or its successor in function.
   20-6              (2)  "Medical assistance" means the medical assistance
   20-7  program administered under Chapter 32, Human Resources Code.
   20-8        (b)  The department by rule shall establish a pilot program
   20-9  to provide for a telephone health care system for persons currently
  20-10  receiving medical assistance during the 1994-95 biennium.  The
  20-11  purpose of the program is to study the efficiency and
  20-12  cost-effectiveness of a telephone-based health care system.
  20-13        (c)  The scope and size of the pilot may be in part
  20-14  determined by the availability of funds.  The department may
  20-15  encourage private and public entities to participate in the
  20-16  program.
  20-17        (d)  During the time the pilot program is operating, the
  20-18  state auditor shall conduct quarterly reviews and assessments of
  20-19  the program.
  20-20        (e)  The department shall report to the 74th Legislature not
  20-21  later than February 1, 1995, concerning the efficiency and
  20-22  cost-effectiveness of the pilot program.
  20-23        (f)  If before implementing Subsection (b) of this section,
  20-24  the department determines that a waiver or authorization from a
  20-25  federal agency is necessary for implementation, the department
  20-26  shall request the waiver or authorization and may delay
  20-27  implementing those provisions until the waiver or authorization is
  20-28  granted.
  20-29        SECTION 49.  This Act does not affect the transfer to the
  20-30  Health and Human Services Commission of the powers and duties of a
  20-31  state agency that formerly exercised jurisdiction over an activity
  20-32  transferred to the commission under Chapter 15, Acts of the 72nd
  20-33  Legislature, 1st Called Session, 1991.
  20-34        SECTION 50.  (a)  On September 1, 1993, all functions,
  20-35  programs, activities, funds, obligations, contracts, property, and
  20-36  records related to the Services for Runaways and At-Risk Youth
  20-37  program are transferred from the Texas Department of Human Services
  20-38  to the Department of Protective and Regulatory Services.
  20-39        (b)  A rule or form adopted by the Texas Department of Human
  20-40  Services for the Services for Runaways and At-Risk Youth program
  20-41  that relates to a function, program, or activity transferred by
  20-42  this Act from the Texas Department of Human Services to the
  20-43  Department of Protective and Regulatory Services is a rule or form
  20-44  of the Department of Protective and Regulatory Services and remains
  20-45  in effect until altered by that department.
  20-46        SECTION 51.  In accordance with Section 104.0115, Health and
  20-47  Safety Code, as added by this Act, the governor shall appoint five
  20-48  members of the statewide health coordinating council to terms
  20-49  expiring August 31, 1995, five members to terms expiring August 31,
  20-50  1997, and five members to terms expiring August 31, 1999.
  20-51        SECTION 52.  (a)  Except as provided by Subsection (b) of
  20-52  this section, the state agency exercising the powers and duties
  20-53  relating to investigations of abuse and neglect in long-term care
  20-54  facilities on September 1, 1993, shall exercise the powers and
  20-55  duties assigned to the Texas Department of Health under Chapter
  20-56  250, Health and Safety Code, as added by this Act.
  20-57        (b)  If a facility listed in Section 250.001, Health and
  20-58  Safety Code, as added by this Act, is not regulated by the state
  20-59  agency exercising the powers and duties relating to investigations
  20-60  of abuse and neglect in long-term care facilities on September 1,
  20-61  1993, the agency that regulates that facility shall exercise the
  20-62  powers and duties assigned to the Texas Department of Health under
  20-63  Chapter 250, Health and Safety Code, as added by this Act, for that
  20-64  facility.
  20-65        SECTION 53.  (a)  All records, personnel, property, and
  20-66  unobligated and unexpended appropriations of the Interagency
  20-67  Council on Early Childhood Intervention Services are transferred
  20-68  from the Texas Department of Health to the council.
  20-69        (b)  Any rule of the Texas Department of Health regarding the
  20-70  council or its functions that exists at the time this Act takes
   21-1  effect is continued in effect until superseded by a rule of the
   21-2  council.
   21-3        (c)  A person who is serving a term as a member of the
   21-4  advisory committee at the time this Act takes effect is entitled to
   21-5  serve for the remainder of the term for which the person was
   21-6  appointed.
   21-7        (d)  The terms of all members of the council expire February
   21-8  1, 1995.  At that time, in accordance with Section 73.002(b), Human
   21-9  Resources Code, as amended by this Act, the governor shall appoint
  21-10  one lay member to a term expiring February 1, 1997, one lay member
  21-11  to a term expiring February 1, 1999, and one lay member to a term
  21-12  expiring February 1, 2001.  At that time, in accordance with
  21-13  Section 73.002(b), Human Resources Code, as amended by this Act:
  21-14              (1)  the Central Education Agency and the Department of
  21-15  Protective and Regulatory Services shall appoint their respective
  21-16  members to serve terms expiring February 1, 1997;
  21-17              (2)  the Texas Department of Health and the Texas
  21-18  Commission on Alcohol and Drug Abuse shall appoint their respective
  21-19  members to serve terms expiring February 1, 1999; and
  21-20              (3)  the Texas Department of Human Services and the
  21-21  Texas Department of Mental Health and Mental Retardation shall
  21-22  appoint their respective members to serve terms expiring February
  21-23  1, 2001.
  21-24        SECTION 54.  (a)  The Office of Youth Care Investigations
  21-25  established by Subchapter B, Chapter 34, Family Code, is abolished.
  21-26        (b)  Sections 34.21 and 34.25, Family Code, are repealed.
  21-27        SECTION 55.  (a)  On September 1, 1993, all functions,
  21-28  programs, activities, funds, obligations, contracts, property, and
  21-29  records related to the Office of Youth Care Investigations are
  21-30  transferred to the Department of Protective and Regulatory
  21-31  Services.
  21-32        (b)  A rule or form adopted by the Office of Youth Care
  21-33  Investigations that relates to a function, program, or activity
  21-34  transferred by this Act to the Department of Protective and
  21-35  Regulatory Services is a rule or form of the Department of
  21-36  Protective and Regulatory Services and remains in effect until
  21-37  altered by the department.
  21-38        SECTION 56.  Section 533.061, Health and Safety Code, is
  21-39  repealed.
  21-40        SECTION 57.  (a)  Not later than October 1, 1993, the Texas
  21-41  Department of Mental Health and Mental Retardation shall submit to
  21-42  the Health and Human Services Commission the proposed plan for the
  21-43  1994-1995 biennium as required by Section 533.062, Health and
  21-44  Safety Code, as amended by this Act.
  21-45        (b)  In addition to the changes in law made by this Act
  21-46  relating to the provision of services to persons with mental
  21-47  retardation, this Act conforms certain provisions of the Health and
  21-48  Safety Code relating to the provision of those services to changes
  21-49  in the law made by Section 1, Chapter 248, Acts of the 72nd
  21-50  Legislature, Regular Session, 1991.
  21-51        (c)  Section 1, Chapter 248, Acts of the 72nd Legislature,
  21-52  Regular Session, 1991, is repealed.
  21-53        (d)  Sections 26 and 27 of this Act do not affect the
  21-54  transfer of powers, duties, rights, and obligations of the Texas
  21-55  Department of Health to the Texas Department of Human Services or
  21-56  another agency as prescribed by Section 1.11, Chapter 15, Acts of
  21-57  the 72nd Legislature, 1st Called Session, 1991, or by any other
  21-58  law.
  21-59        SECTION 58.  (a)  Chapter 107, Health and Safety Code, and
  21-60  Chapter 136, Human Resources Code, are repealed.
  21-61        (b)  On the effective date of this Act, all records,
  21-62  property, and equipment in the possession of the Council on
  21-63  Minority Health Affairs shall be transferred to the office of
  21-64  minority health.
  21-65        (c)  The office of minority health shall use all paper and
  21-66  forms transferred from the Council on Minority Health Affairs
  21-67  before ordering or purchasing new paper and forms.
  21-68        SECTION 59.  A reference in Chapter 34, Family Code, to the
  21-69  Texas Department of Human Services is a reference to the Department
  21-70  of Protective and Regulatory Services.
   22-1        SECTION 60.  The following are repealed:
   22-2              (1)  Section 1.16, Chapter 15, Acts of the 72nd
   22-3  Legislature, 1st Called Session, 1991;
   22-4              (2)  Article 4413(504), Revised Statutes;
   22-5              (3)  Section 22.001(e), Human Resources Code;
   22-6              (4)  Section 52.002, Human Resources Code; and
   22-7              (5)  Chapter 106, Human Resources Code.
   22-8        SECTION 61.  This Act takes effect September 1, 1993.
   22-9        SECTION 62.  The importance of this legislation and the
  22-10  crowded condition of the calendars in both houses create an
  22-11  emergency and an imperative public necessity that the
  22-12  constitutional rule requiring bills to be read on three several
  22-13  days in each house be suspended, and this rule is hereby suspended.
  22-14                               * * * * *
  22-15                                                         Austin,
  22-16  Texas
  22-17                                                         May 20, 1993
  22-18  Hon. Bob Bullock
  22-19  President of the Senate
  22-20  Sir:
  22-21  We, your Committee on Health and Human Services to which was
  22-22  referred H.B. No. 1510, have had the same under consideration, and
  22-23  I am instructed to report it back to the Senate with the
  22-24  recommendation that it do not pass, but that the Committee
  22-25  Substitute adopted in lieu thereof do pass and be printed.
  22-26                                                         Truan,
  22-27  Acting Chair
  22-28                               * * * * *
  22-29                               WITNESSES
  22-30                                                  FOR   AGAINST  ON
  22-31  ___________________________________________________________________
  22-32  Name:  Robin Herskowitz                                  x
  22-33  Representing:  Private Provider Asso of Tx
  22-34  City:  Austin
  22-35  -------------------------------------------------------------------
  22-36  Name:  Charlotte Provencher                              x
  22-37  Representing:  Tx Alliance Mentally Ill
  22-38  City:  Austin
  22-39  -------------------------------------------------------------------
  22-40  Name:  Jessica Guinn                                     x
  22-41  Representing:  Self
  22-42  City:  Pearland
  22-43  -------------------------------------------------------------------
  22-44  Name:  Melody Kammerer                                   x
  22-45  Representing:  Self
  22-46  City:  Pearland
  22-47  -------------------------------------------------------------------
  22-48                                                  FOR   AGAINST  ON
  22-49  ___________________________________________________________________
  22-50  Name:  Betty Ketchum                                     x
  22-51  Representing:  Self
  22-52  City:  Alvin
  22-53  -------------------------------------------------------------------
  22-54  Name:  D'Ellen Wadkins                                   x
  22-55  Representing:  Self
  22-56  City:  Alvin
  22-57  -------------------------------------------------------------------
  22-58  Name:  Vicki Urick                                       x
  22-59  Representing:  Self
  22-60  City:  Alvin
  22-61  -------------------------------------------------------------------
  22-62  Name:  Dr. Peter M. Garcia, Jr.                          x
  22-63  Representing:  Self
  22-64  City:  Austin
  22-65  -------------------------------------------------------------------
  22-66  Name:  Barrett Markland                                  x     0
  22-67  Representing:  Advocacy, Inc.
  22-68  City:  Austin
  22-69  -------------------------------------------------------------------
  22-70  Name:  Vincent Sadowski                                  x
   23-1  Representing:  Dir Asso Tx Centers Ind Livi
   23-2  City:  Austin
   23-3  -------------------------------------------------------------------
   23-4  Name:  Elliott Zirkle                                    x
   23-5  Representing:  Tx Transition Task Force
   23-6  City:  Austin
   23-7  -------------------------------------------------------------------
   23-8  Name:  Laura Warren                                      x
   23-9  Representing:  Self
  23-10  City:  Austin
  23-11  -------------------------------------------------------------------
  23-12  Name:  Cheryl Mahoney                                    x
  23-13  Representing:  Self
  23-14  City:  Austin
  23-15  -------------------------------------------------------------------
  23-16  Name:  Kevin P. Tracy                                    x
  23-17  Representing:  Self
  23-18  City:  Austin
  23-19  -------------------------------------------------------------------
  23-20  Name:  Jennifer M. Cernoch                               x
  23-21  Representing:  Self
  23-22  City:  San Antonio
  23-23  -------------------------------------------------------------------
  23-24  Name:  Claude Beeman 3rd                                 x
  23-25  Representing:  Tx Mental Health Consumers
  23-26  City:  Austin
  23-27  -------------------------------------------------------------------
  23-28  Name:  Mary Ellen Nudd                                   x
  23-29  Representing:  Mental Health Asso in Tx
  23-30  City:  Austin
  23-31  -------------------------------------------------------------------
  23-32  Name:  Deb Silvis                                        x
  23-33  Representing:  Self
  23-34  City:  Azle
  23-35  -------------------------------------------------------------------
  23-36  Name:  Billye Mayo                                       x
  23-37  Representing:  Self
  23-38  City:  Fort Worth
  23-39  -------------------------------------------------------------------
  23-40  Name:  Gene Vestal                                       x
  23-41  Representing:  Asso for Retarded Citizens
  23-42  City:  Dallas
  23-43  -------------------------------------------------------------------
  23-44  Name:  Shannon Noble                                     x
  23-45  Representing:  Tx Women's Political Caucus
  23-46  City:  Austin
  23-47  -------------------------------------------------------------------
  23-48                                                  FOR   AGAINST  ON
  23-49  ___________________________________________________________________
  23-50  Name:  Robert H. West                                    x
  23-51  Representing:  Self
  23-52  City:  Dallas
  23-53  -------------------------------------------------------------------
  23-54  Name:  Spencer McClure                                   x
  23-55  Representing:  Tx Council Comm MHMR Centers
  23-56  City:  Austin
  23-57  -------------------------------------------------------------------
  23-58  Name:  Marie Burns                                       x
  23-59  Representing:  Epilepsy Coalition of Tx
  23-60  City:  Houston
  23-61  -------------------------------------------------------------------
  23-62  Name:  Diane Shiek                                       x
  23-63  Representing:  Self
  23-64  City:  Austin
  23-65  -------------------------------------------------------------------
  23-66  Name:  Elleen Godeaux                                    x
  23-67  Representing:  Self
  23-68  City:  Austin
  23-69  -------------------------------------------------------------------
  23-70  Name:  Mike Seal                                         x
   24-1  Representing:  Self
   24-2  City:  Tomball
   24-3  -------------------------------------------------------------------
   24-4  Name:  Judy Luebke                                       x
   24-5  Representing:  Self
   24-6  City:  Houston
   24-7  -------------------------------------------------------------------
   24-8  Name:  Nancy Lepley                                      x
   24-9  Representing:  Self
  24-10  City:  Houston
  24-11  -------------------------------------------------------------------
  24-12  Name:  Denise Brady                                      x
  24-13  Representing:  Self
  24-14  City:  Austin
  24-15  -------------------------------------------------------------------
  24-16  Name:  Suzanne Weizenbaum                                x
  24-17  Representing:  Asso Retarded Citizens
  24-18  City:  Austin
  24-19  -------------------------------------------------------------------
  24-20  Name:  Duncan Cormie                                     x
  24-21  Representing:  Asso Retarded Citizens
  24-22  City:  Austin
  24-23  -------------------------------------------------------------------
  24-24  Name:  Jana Ogilvie                                      x
  24-25  Representing:  Self
  24-26  City:  San Marcos
  24-27  -------------------------------------------------------------------
  24-28  Name:  Peggy Romberg                                     x
  24-29  Representing:  Tx Family Planning Asso
  24-30  City:  Austin
  24-31  -------------------------------------------------------------------
  24-32  Name:  Danny Saenz                                       x
  24-33  Representing:  Am Disable Attendant Programs
  24-34  City:  Austin
  24-35  -------------------------------------------------------------------
  24-36  Name:  Gloria Angle                                      x
  24-37  Representing:  Self
  24-38  City:  Austin
  24-39  -------------------------------------------------------------------
  24-40  Name:  Judith Sokolow                                    x
  24-41  Representing:  Advocacy, Inc
  24-42  City:  Austin
  24-43  -------------------------------------------------------------------
  24-44  Name:  Cheryl C. Lentschke                               x
  24-45  Representing:  Self
  24-46  City:  Leander
  24-47  -------------------------------------------------------------------
  24-48                                                  FOR   AGAINST  ON
  24-49  ___________________________________________________________________
  24-50  Name:  Lavern Gaines                                     x
  24-51  Representing:  Self
  24-52  City:  Austin
  24-53  -------------------------------------------------------------------
  24-54  Name:  Wayde K. Frey                             x
  24-55  Representing:  Self
  24-56  City:  Austin
  24-57  -------------------------------------------------------------------
  24-58  Name:  Doris A. Brace                            x
  24-59  Representing:  Self
  24-60  City:  Austin
  24-61  -------------------------------------------------------------------
  24-62  Name:  Mary M. Hedrick                           x
  24-63  Representing:  Self
  24-64  City:  Austin
  24-65  -------------------------------------------------------------------
  24-66  Name:  Kenneth W. Brace                          x
  24-67  Representing:  Self
  24-68  City:  Austin
  24-69  -------------------------------------------------------------------
  24-70  Name:  Mrs. Loreet M. Price                      x
   25-1  Representing:  Self
   25-2  City:  Austin
   25-3  -------------------------------------------------------------------
   25-4  Name:  Irene W. Weaver                           x
   25-5  Representing:  Fort Worth State School
   25-6  City:  Dallas
   25-7  -------------------------------------------------------------------
   25-8  Name:  Bobbie Baccus                             x
   25-9  Representing:  Self
  25-10  City:  Mexia
  25-11  -------------------------------------------------------------------
  25-12  Name:  Martha Chervenka                          x
  25-13  Representing:  Self
  25-14  City:  Rogers
  25-15  -------------------------------------------------------------------
  25-16  Name:  Nina Dumond                               x
  25-17  Representing:  Fort Worth State School
  25-18  City:  Arlington
  25-19  -------------------------------------------------------------------
  25-20  Name:  Wanda Dees                                x
  25-21  Representing:  Self
  25-22  City:  Dallas
  25-23  -------------------------------------------------------------------
  25-24  Name:  John W. Holtermann                        x
  25-25  Representing:  Texas Silver Haired Legislature
  25-26  City:  San Marcos
  25-27  -------------------------------------------------------------------
  25-28  Name:  Mary Lee Harris                           x
  25-29  Representing:  American Assoc. of Retired Per
  25-30  City:  Round Rock
  25-31  -------------------------------------------------------------------
  25-32  Name:  Leon Evans                                              x
  25-33  Representing:  MHMR Services
  25-34  City:  Conroe
  25-35  -------------------------------------------------------------------
  25-36  Name:  Ms. Winifred M. Conlon                    x
  25-37  Representing:  Tx State Foster Parents, Inc.
  25-38  City:  Austin
  25-39  -------------------------------------------------------------------
  25-40  Name:  Sara Toles                                        x
  25-41  Representing:  Self
  25-42  City:  Houston
  25-43  -------------------------------------------------------------------
  25-44  Name:  Jana Ogilvie                                      x
  25-45  Representing:  Self
  25-46  City:  San Marcos
  25-47  -------------------------------------------------------------------
  25-48                                                  FOR   AGAINST  ON
  25-49  ___________________________________________________________________
  25-50  Name:  Virginia Wittrock                                 x
  25-51  Representing:  Self
  25-52  City:  Richardson
  25-53  -------------------------------------------------------------------
  25-54  Name:  Inez Smithson                                           x
  25-55  Representing:  Self
  25-56  City:  Alvin
  25-57  -------------------------------------------------------------------
  25-58  Name:  Libby Doggett                                     x
  25-59  Representing:  The Arc of Texas
  25-60  City:  Austin
  25-61  -------------------------------------------------------------------
  25-62  Name:  Carol A. Gross                                          x
  25-63  Representing:  Self
  25-64  City:  Alvin
  25-65  -------------------------------------------------------------------
  25-66  Name:  Guy McCrary                                             x
  25-67  Representing:  Tx Planning Council for Devel
  25-68  City:  Midland
  25-69  -------------------------------------------------------------------
  25-70  Name:  Debra Hooks                                             x
   26-1  Representing:  Self
   26-2  City:  Fort Worth
   26-3  -------------------------------------------------------------------
   26-4  Name:  A. L. Wada                                x
   26-5  Representing:  Burnet County Mr Adv. Board
   26-6  City:  Marble Falls
   26-7  -------------------------------------------------------------------
   26-8  Name:  Bill Warren                               x
   26-9  Representing:  Tx Public Employers Assoc.
  26-10  City:  Austin
  26-11  -------------------------------------------------------------------
  26-12  Name:  Frances Nance                             x
  26-13  Representing:  Texas State Schools
  26-14  City:  Joshua
  26-15  -------------------------------------------------------------------
  26-16  Name:  Theopia Smith                             x
  26-17  Representing:  Parent Assoc. for Retarded of
  26-18  City:  Texas City
  26-19  -------------------------------------------------------------------
  26-20  Name:  Barbara Harris                            x
  26-21  Representing:  Self
  26-22  City:  Dallas
  26-23  -------------------------------------------------------------------
  26-24  Name:  Evelyn Cherry                             x
  26-25  Representing:  Self
  26-26  City:  Garland
  26-27  -------------------------------------------------------------------
  26-28  Name:  Dennis Jones                                            x
  26-29  Representing:  Department of MHMR
  26-30  City:  Austin
  26-31  -------------------------------------------------------------------
  26-32  Name:  Karen Hale                                              x
  26-33  Representing:  Department of MHMR
  26-34  City:  Austin
  26-35  -------------------------------------------------------------------
  26-36  Name:  Susan Steeg                                             x
  26-37  Representing:  Tx Department of Health
  26-38  City:  Austin
  26-39  -------------------------------------------------------------------
  26-40  Name:  Ernest McKenney                                         x
  26-41  Representing:  Tx Dept. of Human Services
  26-42  City:  Austin
  26-43  -------------------------------------------------------------------
  26-44  Name:  Pamela Drawbaugh                                        x
  26-45  Representing:  Tx Protective & Regulatory Se
  26-46  City:  Austin
  26-47  -------------------------------------------------------------------
  26-48                                                  FOR   AGAINST  ON
  26-49  ___________________________________________________________________
  26-50  Name:  Linda Parrish                                           x
  26-51  Representing:  Governor's Task Force
  26-52  City:  College Station
  26-53  -------------------------------------------------------------------
  26-54  Name:  Nicholas Hoover                                         x
  26-55  Representing:  Facility Review Task Force
  26-56  City:  Austin
  26-57  -------------------------------------------------------------------
  26-58  Name:  Dr. Linda O'Neal                                        x
  26-59  Representing:  Judge Sanders
  26-60  City:  Tallahassee
  26-61  -------------------------------------------------------------------
  26-62  Name:  David Ferleger                                          x
  26-63  Representing:  Plaintiff Class
  26-64  City:  Philadelphia
  26-65  -------------------------------------------------------------------
  26-66  Name:  Stuart A. Miller                          x             x
  26-67  Representing:  Tx Fathers For Equal Rights
  26-68  City:  Austin
  26-69  -------------------------------------------------------------------
  26-70  Name:  Nancy Ward                                x
   27-1  Representing:  Ft. Worth St Sch Parent Asso
   27-2  City:  Fort Worth
   27-3  -------------------------------------------------------------------
   27-4  Name:  Verlie Henderson                          x
   27-5  Representing:  Self
   27-6  City:  Fort Worth
   27-7  -------------------------------------------------------------------
   27-8  Name:  Roy Baccus                                x
   27-9  Representing:  Parent Asso Retarded of Tx
  27-10  City:  Mexia
  27-11  -------------------------------------------------------------------
  27-12  Name:  Judy Craig                                x
  27-13  Representing:  Self
  27-14  City:  Forth Worth
  27-15  -------------------------------------------------------------------
  27-16  Name:  George A. Parker                          x
  27-17  Representing:  Self
  27-18  City:  Fort Worth
  27-19  -------------------------------------------------------------------
  27-20  Name:  Wayne Harris                              x
  27-21  Representing:  Self
  27-22  City:  Dallas
  27-23  -------------------------------------------------------------------
  27-24  Name:  Mrs. Pauline Frey                         x
  27-25  Representing:  Self
  27-26  City:  Austin
  27-27  -------------------------------------------------------------------
  27-28  Name:  Don Partridge                             x
  27-29  Representing:  Parents for Retarded of Tx
  27-30  City:  Austin
  27-31  -------------------------------------------------------------------
  27-32  Name:  Charlene S. Seagright                     x
  27-33  Representing:  Self
  27-34  City:  Austin
  27-35  -------------------------------------------------------------------
  27-36  Name:  Travis Donoho                             x
  27-37  Representing:  Tx St Emp. Union
  27-38  City:  Austin
  27-39  -------------------------------------------------------------------
  27-40  Name:  Lea Allen Searight                        x
  27-41  Representing:  Self
  27-42  City:  Austin
  27-43  -------------------------------------------------------------------
  27-44  Name:  C. W. Weaver                              x
  27-45  Representing:  FT Worth St Sch Parents Group
  27-46  City:  Dallas
  27-47  -------------------------------------------------------------------
  27-48                                                  FOR   AGAINST  ON
  27-49  ___________________________________________________________________
  27-50  Name:  Flora L. Mills                            x
  27-51  Representing:  Self
  27-52  City:  Fort Worth
  27-53  -------------------------------------------------------------------
  27-54  Name:  Ray Leach                                 x
  27-55  Representing:  Self
  27-56  City:  Fort Worth
  27-57  -------------------------------------------------------------------
  27-58  Name:  Sherman Carter                            x
  27-59  Representing:  Self
  27-60  City:  DeSoto
  27-61  -------------------------------------------------------------------
  27-62  Name:  Dorothy Bridges                           x
  27-63  Representing:  Self
  27-64  City:  Crowley
  27-65  -------------------------------------------------------------------
  27-66  Name:  John Harris                               x
  27-67  Representing:  Self
  27-68  City:  Corpus Christi
  27-69  -------------------------------------------------------------------
  27-70  Name:  Virginia McIntosh                         x
   28-1  Representing:  Self
   28-2  City:  Fort Worth
   28-3  -------------------------------------------------------------------
   28-4  Name:  Sharon Beasley-Grant                              x
   28-5  Representing:  Self
   28-6  City:  Austin
   28-7  -------------------------------------------------------------------
   28-8  Name:  Liz New House                                     x
   28-9  Representing:  Self
  28-10  City:  San Antonio
  28-11  -------------------------------------------------------------------
  28-12  Name:  Joyce Dawidczyk                                   x
  28-13  Representing:  United Cerebral Palsy of TX
  28-14  City:  Austin
  28-15  -------------------------------------------------------------------
  28-16  Name:  Bob Kafka                                         x
  28-17  Representing:  Am Disable Attendant Program
  28-18  City:  Austin
  28-19  -------------------------------------------------------------------
  28-20  Name:  James Templeton                                   x
  28-21  Representing:  ADAPT
  28-22  City:  Austin
  28-23  -------------------------------------------------------------------
  28-24  Name:  Karen Greenbon                                    x
  28-25  Representing:  ADAPT
  28-26  City:  Austin
  28-27  -------------------------------------------------------------------
  28-28  Name:  Chris Fox                                         x
  28-29  Representing:  Self
  28-30  City:  Amarillo
  28-31  -------------------------------------------------------------------
  28-32  Name:  Judy Allen                                        x
  28-33  Representing:  Self
  28-34  City:  Longview
  28-35  -------------------------------------------------------------------
  28-36  Name:  Bernice Moeller                                   x
  28-37  Representing:  Self
  28-38  City:  Houston
  28-39  -------------------------------------------------------------------
  28-40  Name:  Albert L. Diano III                               x
  28-41  Representing:  TX Mental Health Consumers
  28-42  City:  Fort Worth
  28-43  -------------------------------------------------------------------
  28-44  Name:  Wayne Spahn                                       x
  28-45  Representing:  ADAPT
  28-46  City:  Austin
  28-47  -------------------------------------------------------------------
  28-48                                                  FOR   AGAINST  ON
  28-49  ___________________________________________________________________
  28-50  Name:  Kathy Hurt                                        x
  28-51  Representing:  Asso for Retarded Citizens
  28-52  City:  Dallas
  28-53  -------------------------------------------------------------------
  28-54  Name:  Ruth Snyder                               x
  28-55  Representing:  Self
  28-56  City:  Austin
  28-57  -------------------------------------------------------------------
  28-58  Name:  Fred Snyder                               x
  28-59  Representing:  Self
  28-60  City:  Austin
  28-61  -------------------------------------------------------------------
  28-62  Name:  Scott Barto                                       x
  28-63  Representing:  TX Asso on Mental Retardation
  28-64  City:  Buda
  28-65  -------------------------------------------------------------------
  28-66  Name:  Nancy Epstein                                     x
  28-67  Representing:  Disability Policy Consortium
  28-68  City:  Austin
  28-69  -------------------------------------------------------------------
  28-70  Name:  Laura Brown                                       x
   29-1  Representing:  Coal. TX w. Disabilities
   29-2  City:  Austin
   29-3  -------------------------------------------------------------------
   29-4  Name:  Larry Chevallier                                        x
   29-5  Representing:  Self
   29-6  City:  Joinerville
   29-7  -------------------------------------------------------------------
   29-8  Name:  Doris Benjamin                            x
   29-9  Representing:  Ft. Worth St. Sch Employees
  29-10  City:  Fort Worth
  29-11  -------------------------------------------------------------------
  29-12  Name:  Wanda Davis                               x
  29-13  Representing:  Ft Worth St Sch Employees
  29-14  City:  Fort Worth
  29-15  -------------------------------------------------------------------
  29-16  Name:  Michael Shelton                           x
  29-17  Representing:  Ft Worth St Sch Employees
  29-18  City:  Fort Worth
  29-19  -------------------------------------------------------------------
  29-20  Name:  Desmucek Johnson                          x
  29-21  Representing:  Self
  29-22  City:  Fort Worth
  29-23  -------------------------------------------------------------------
  29-24  Name:  Robert West                               x
  29-25  Representing:  Self
  29-26  City:  Dallas
  29-27  -------------------------------------------------------------------
  29-28  Name:  George A. Parker                          x
  29-29  Representing:  Self
  29-30  City:  Fort Worth
  29-31  -------------------------------------------------------------------
  29-32  Name:  Roy Baccus                                x
  29-33  Representing:  Parent Asso Retarded of Texas
  29-34  City:  Mexia
  29-35  -------------------------------------------------------------------
  29-36  Name:  Louise Sawaki-Aungkhin                            x
  29-37  Representing:  Self
  29-38  City:  Austin
  29-39  -------------------------------------------------------------------
  29-40  Name:  Susan Eason                                       x
  29-41  Representing:  Asso for Retarded Citizens
  29-42  City:  Austin
  29-43  -------------------------------------------------------------------
  29-44  Name:  J. L. Chervenka, Sr.                      x
  29-45  Representing:  Self
  29-46  City:  Rogers
  29-47  -------------------------------------------------------------------
  29-48                                                  FOR   AGAINST  ON
  29-49  ___________________________________________________________________
  29-50  Name:  Judy Craig                                x
  29-51  Representing:  Self
  29-52  City:  Fort Worth
  29-53  -------------------------------------------------------------------
  29-54  Name:  Steven Sweet                              x
  29-55  Representing:  Marywood Maternity & Adoption
  29-56  City:  Austin
  29-57  -------------------------------------------------------------------
  29-58  Name:  Pascual Piedford                                  x
  29-59  Representing:  The Ark of Texas
  29-60  City:  Austin
  29-61  -------------------------------------------------------------------
  29-62  Name:  Stefan Michael Ateek                              x
  29-63  Representing:  Self
  29-64  City:  Fort Worth
  29-65  -------------------------------------------------------------------
  29-66  Name:  Annabelle Torres                          x
  29-67  Representing:  Austin St Sch Parent Asso
  29-68  City:  Austin
  29-69  -------------------------------------------------------------------
  29-70  Name:  Jim Comstock-Galagan                              x
   30-1  Representing:  Disability Policy Consortium
   30-2  City:  Austin
   30-3  -------------------------------------------------------------------
   30-4  Name:  David Witte                                       x
   30-5  Representing:  Am. Disabilities Alter Program
   30-6  City:  Austin
   30-7  -------------------------------------------------------------------
   30-8  Name:  Carolyn Barnes                            x
   30-9  Representing:  Self
  30-10  City:  Garland
  30-11  -------------------------------------------------------------------
  30-12  Name:  James Danner                                      x
  30-13  Representing:  Self
  30-14  City:  Fort Worth
  30-15  -------------------------------------------------------------------
  30-16  Name:  Chester Pringle                           x
  30-17  Representing:  Self
  30-18  City:  Kingsland
  30-19  -------------------------------------------------------------------
  30-20  Name:  Bee Berry Gordon                          x
  30-21  Representing:  Self
  30-22  City:  Austin
  30-23  -------------------------------------------------------------------
  30-24  Name:  Stephanie Thomas                                  x
  30-25  Representing:  ADAPT
  30-26  City:  Austin
  30-27  -------------------------------------------------------------------
  30-28  Name:  Michigan St. Sen. Jim Berryman            x
  30-29  Representing:  State of Michigan
  30-30  City:  Lansing
  30-31  -------------------------------------------------------------------
  30-32  Name:  W. F. Sherman                             x
  30-33  Representing:  Voice of Retarded
  30-34  City:  Little Rock, Ar
  30-35  -------------------------------------------------------------------
  30-36  Name:  Richard C. Ladd                                         x
  30-37  Representing:  Comm. HHS Commission
  30-38  City:  Austin
  30-39  -------------------------------------------------------------------
  30-40  Name:  Laura Smith                                             x
  30-41  Representing:  HHS Commission
  30-42  City:  Austin
  30-43  -------------------------------------------------------------------
  30-44  Name:  Rita Powell                               x
  30-45  Representing:  Texas Asso Lic. Children Service
  30-46  City:  Austin
  30-47  -------------------------------------------------------------------