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 -------------------------------------------------------------------