BILL ANALYSIS
C.S.H.B. 1409
By: McDonald
03-20-95
Committee Report (Substituted)
BACKGROUND
The 18-member Texas Commission on Children and Youth spent the last
year studying public programs for children and families, including
health care and education services, services aimed at preventing
child abuse and neglect, and services provided by the juvenile
justice system. The Commission recommended a series of legislative
proposals to improve services to children and families. These
recommendations are detailed in the Commission's final report,
Safeguarding Our Future: Children and Families First. The
legislative proposals which would increase local control over the
provision of services and those which would improve prevention and
intervention efforts are included in this bill.
PURPOSE
H.B. 1409 would implement the Commission's recommendations for
improving services to children and families. Highlights include:
- authorizing the creation of local Child and Family Commissions
to allow communities to tailor social services to local needs;
- improving access to health services, including prenatal care
and children's mental and dental health care.
RULEMAKING AUTHORITY
In the opinion of the committee, H.B. 1409 grants rulemaking
authority under Section 1 to the following: Texas Health and Human
Services Commission; the Central Education Agency; Department of
Protective and Regulatory Services; Interagency Council on Early
Childhood Intervention Services; Texas Commission on Alcohol and
Drug Abuse; Texas Commission for the Blind; Texas Department of
Health; Texas Department of Human Services; Texas Department of
Mental Health and Mental Retardation; Texas Juvenile Probation
Commission; Texas Youth Commission; Texas Employment Commission;
and Children's Trust Fund of Texas Council. Section 2 grants
rulemaking authority to the Texas Department of Health.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle B, Title 3, Human Resources Code, by
adding Chapter 72 as follows:
CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY
OF SERVICES TO CHILDREN AND FAMILIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 72.001. PURPOSE. Specifies the achievement of broad, positive
goals for children as the purpose of the chapter.
Sec. 72.002. DEFINITIONS. Defines the terms "Board", "Child",
"Commission" and "Commissioner".
SUBCHAPTER B. STATE PARTICIPATION IN THE PARTNERSHIP
FOR SERVICES TO CHILDREN AND FAMILIES
Sec. 72.021. DESIGNATED STATE AGENCY. (a) Requires the Health and
Human Services Commission to ensure that the activities of the
chapter are accomplished and the objectives realized.
(b) Authorizes the Health and Human Services Commission to
obtain staff and other administrative support as necessary to
meet its responsibilities from the agencies listed in Section
72. 022(a).
Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) Identifies
state agencies responsible for activities in this section.
(b) Requires each agency to designate an employee to carry
out the required duties and to be responsible for that
representative's expenses.
(c)-(e) Requires the agencies to meet regularly and to
collaborate, under the direction of the Commissioner of Health
and Human Services, to establish a system to support the
development of local child and family commissions; develop a
blueprint for children; define common outcome measures and
evaluation system; develop strategies to refinance services to
maximize federal, state and local funds; report quarterly to
the Legislative Health and Human Services Board; and respond
to other issues recommended by the Legislative Health and
Human Services Board.
(f) Requires that the strategic plan, budget and performance
measures of each agency reflect the joint responsibilities
listed in subsection (e).
SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
Sec. 72.031. Defines "local commission" as a local child and
family commission certified by the Health and Human Services
Commission.
Sec. 72.032. CERTIFICATION OF LOCAL CHILD AND FAMILY COMMISSIONS.
(a) Requires the Health and Human Services Commission to annually
solicit applications for new local Child and Family Commissions and
identifies appropriate applicants. Specifies that only one
proposal per county will be accepted.
(b) Requires applicants to collaborate with local child and
family service providers in developing proposals and in
selecting the initial members of the child and family
commission.
(c)-(e) Requires the Health and Human Services Commission to
adopt rules governing the composition and operation of local
child and family commissions. Provides that a county may have
only one commission. Specifies that a local commission is
established upon certification by the Health and Human
Services Commission.
Sec. 72.033. MEMBERSHIP OF LOCAL COMMISSIONS. (a) Sets out criteria
for membership of local commissions.
(b)-(d) Stipulates that service providers may not comprise a
majority of the membership. Requires applicants to attempt to
ensure participation on local commissions by women and
minorities. Allows the Health and Human Services Commission
to specify additional members if necessary to qualify for
federal funding, and to adopt rules modifying membership
requirements for local commissions established jointly by two
or more counties.
Sec. 72.034. ADMINISTRATION OF LOCAL COMMISSIONS. (a) Defines terms
of members.
(b) Specifies that members serve without compensation except
for actual expenses incurred, as funds are available.
(c) Requires the concurrence of a majority of commission
members in awarding contracts.
(d) Permits local child and family commissions to contract for
assistance in administering or managing the operation of the
commission. Authorizes a local commission to do all things it
deems proper for its successful operation, including
contracting for the administration of its funds and paying for
all expenses by warrants drawn on funds available for such
purposes.
Sec. 72.035. POWERS, DUTIES AND RESPONSIBILITIES OF LOCAL CHILD
AND FAMILY COMMISSIONS. (a) Defines the duties and responsibilities
of local commissions.
Sec. 72.036. LOCAL GRANTS; NOTICE. Permits local commissions to
accept funds from any source for the purpose of financing programs
and facilities.
Sec. 72.037. ANNUAL AUDIT. Requires an annual audit of a local
commission's financial condition by an independent auditor
designating the State Auditor and the Health and Human Services
Commission as responsible for developing an accountability
methodology.
Sec. 72.038. LIMITATION OF LIABILITY. Defines a local child and
family commission as a unit of government for purposes of Chapter
101, Civil Practices and Remedies Code. Specifies that a member of
a local commission is not liable for civil damages or criminal
prosecution for any act done in good faith.
SUBCHAPTER D. STATE GRANTS AND STATE AGENCY COOPERATION
Sec. 72.051. FUNDS AVAILABILITY. (a)-(b) Requires the Health and
Human Services Commission, with the assistance of the agencies
listed in Sec. 72.022 (a) and the Legislative Budget Board, to
develop a budget mechanism to combine state and federal funds to
distribute grants to local commissions, including funds
appropriated by the Legislature for child and family commissions.
Permits the Legislative Budget Board, at the request of the Health
and Human Services Commission, to transfer appropriations to the
Health and Human Services Commission.
(c)-(d) Specifies that grants to child and family commissions
must be for preventive services and must be locally matched
for at least one-quarter of the grant amount, unless the
Health and Human Services Commission provides for a different
match formula. Requires the Health and Human Services
Commission to adopt rules regarding the distribution of funds
based on a county's child population and per capita income.
(e) Authorizes the Health and Human Services Commission to
retain up to two percent of any funds appropriated for grants
to local commissions. Restricts the use of such funds to
carrying out the duties prescribed by Section 72.022.
Sec. 72.052. COMMUNITY ASSISTANCE GRANTS. (a)-(c) Requires the
Health and Human Services Commission to provide by rule the
procedure by which it will make small assistance grants to local
commissions, as funds are available, to support their initial
operation. Specifies that such grants must be in proportion to the
county's child population and may not exceed $50,000. Requires
grants to be matched by local resources totaling one-half of the
assistance grant. Limits the duration of grants to one year.
Sec. 72.053. COOPERATION WITH STATE AGENCIES; PERSONNEL. (a)
Requires a local commission to cooperate with the Health and Human
Services Commission in setting performance standards and evaluating
outcomes.
(b) Requires the Health and Human Services Commission to
assist local commissions in obtaining state employees to work
under local supervision.
(c) Requires state agencies establishing new programs to serve
children and families in a particular county to demonstrate
the approval of the local child and family commission.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
Sec. 72.071. COLLABORATION AGREEMENTS. (a)-(b) Permits state and
local agencies to enter into collaboration agreements to accomplish
the purposes of this chapter. Specifies the types of services or
programs which may be addressed by such agreements.
Sec. 72.072. FUNDS. Permits local commissions to accept funds
from any source for the purpose of financing programs and
facilities.
SECTION 2. Amends Chapter 32, Health and Safety Code, by adding
Section 32.022 as follows:
Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM. (a)-(c)
Requires the Texas Department of Health to establish a program
to promote public awareness of the importance and benefits of
prenatal care, targeting low-income areas and involving the
network of local coalitions developed by the department to
promote its immunization public awareness program.
(b) Requires the Texas Department of Health to establish the
program no later than January 1, 1996.
SECTION 3. INTERAGENCY WORK GROUP ON TRAINING AND CERTIFICATION OF
EARLY CHILDHOOD EDUCATION WORKERS. (a)-(b) Requires the
commissioner of health and human services and the agencies listed
in Subsection (a), Section 72.022 to coordinate activities of three
programs (the child care programs of the Texas Department of Human
Services, the prekindergarten programs of the Central Education
Agency, and the federal Head Start programs) by December 1, 1997.
Requires the commissioner of health and human services to report
the results of the initiative to coordinate service delivery in
this area to the legislature by December 1, 1997.
SECTION 4. DENTAL SERVICES FOR CHILDREN. (a) Requires the Texas
Department of Health to develop a plan to increase accessibility of
dental services for children eligible for Medicaid. Specifies
requirements for the plan including several considerations for
involving private dentists.
(b) Requires the Texas Department of Health report on a plan
and budget for these services no later than February 1, 1997.
SECTION 5. SERVICE FOR CHILDREN WHO REQUIRE RESIDENTIAL TREATMENT.
(a) Requires the Texas Department of Mental Health and Mental
Retardation to develop a plan for providing services to children
with severe mental or emotional disorders who require residential
treatment. Specifies requirements for the plan.
(b) Sets forth an illustrative list of matters the Texas
Department of Mental Health and Mental Retardation may
consider with regard to the plan.
(c) Requires the Texas Department of Mental Health and Mental
Retardation to submit the plan and an estimated budget to the
governor and legislature by January 15, 1997.
SECTION 6. PILOT PROJECT. (a)-(c) Requires the Comptroller of
Public Accounts to establish a pilot project to determine the
effectiveness of using investment budgeting for certain children's
prevention services. Specifies requirements for the pilot,
including consideration of children's immunizations programs.
(d) Requires the Comptroller of Public Accounts to submit to
the governor and the 75th Legislature by January 15, 1997 a
report concerning the effectiveness of the pilot project.
(e) Provides for this section to expire September 1, 1997.
SECTION 7. Effective date of prenatal care public awareness
program, January 1, 1996.
SECTION 8. EFFECTIVE DATE: September 1, 1995.
SECTION 9. EMERGENCY CLAUSE.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The Committee Substitute for HB1409 deletes the Children's Impact
Statement, education programs such as school guidance programs,
appropriate curricula for children in early grades, and academic
credit for community service. It also deletes a juvenile curfew and
youth violence prevention education. All of the above are proposed
legislation.
The Committee Substitute deletes the Texas Child and Family
Legislative Oversight Committee and adds the responsibilities to
the Health and Human Services Commission.
The Committee Substitute retains language which creates a mechanism
for development of local Children and Family Commissions, requires
state agency cooperation and collaboration, and provides state
grants if funds are available. It also retains the Pre-natal Care
Awareness Project, the plan for Dental Services, and a plan for
Residential Treatment for TxMHMR child clients and a pilot project
to measure effectiveness of investment budgeting for prevention
programs. The original proposed that the Health and Human Services
Commission be authorized to conduct the pilot; the substitute
changes authority to the Comptroller of Public Accounts.
SUMMARY OF COMMITTEE ACTION
H.B. 1409 was considered in a formal meeting on 16 March 1995.
Representative Van de Putte offered a substitute which was adopted
without objection. H.B. 1409 was reported favorably as substituted
with the recommendation that it do pass and be printed, by a record
vote of 7 ayes, 0 nays, 0 pnv and 2 absent.