BILL ANALYSIS


                                                    C.S.H.B. 1409
                                            By: McDonald (Turner)
                                                 Criminal Justice
                                                         04-10-95
                            Senate 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.

PURPOSE

As proposed, C.S.H.B. 1409 provides for children and family issues,
including health and human services issues.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Health and Human Services Commission under SECTION 1
(Sections 72.032(c), 72.051(c) and (e), 72.052(a), Human Resources
Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3B, Human Resources Code, by adding Chapter
27, as follows:

CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY OF SERVICES
                    TO CHILDREN AND FAMILIES
                                
                SUBCHAPTER A. GENERAL PROVISIONS

     Sec. 72.001. PURPOSE. Sets forth the purpose of this chapter.
     
     Sec. 72.002. DEFINITIONS. Defines "board," "child,"
     "commission," and "commissioner."
     
      SUBCHAPTER B. STATE PARTICIPATION IN PARTNERSHIP FOR
               SERVICES TO CHILDREN AND FAMILIES
                                 
     Sec. 72.021. DESIGNATED STATE AGENCY. (a) Provides that the
     Health and Human Services Commission (commission) is the state
     agency responsible for providing leadership to ensure that the
     purposes of this chapter are realized.
     
     (b) Authorizes the commission to require health and human
       service, education, and juvenile justice agencies listed
       under Section 72.022(a) to provide staff and other
       administrative support as necessary to assist the commission
       in discharging its responsibilities under this section.
     Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) Requires
     certain state agencies, in conjunction with the commissioner
     of health and human services, the executive director,
     commissioner, or other executive head, as appropriate, to
     ensure that the agency cooperates with the commissioner to
     accomplish the objectives of this chapter except when those
     objectives conflict with rules adopted by the elected or
     appointed board of the agency.
     
     (b) Requires the executive director, commissioner, or other
       executive head of an agency to designate an employee of the
       agency to represent the agency, under the direction of the
       executive head and assist the agency in carrying out the
       objectives of Subsection (f).
       
       (c) Requires the commissioner of health and human services
       and the commissioner of education to regularly meet with the
       agency representatives to determine the progress made toward
       realizing the goals of Subsection (f).
       
       (d) Requires the representatives of the agencies to meet at
       the call of the commissioner of health and human services.
       
       (e) Provides that each agency is responsible for the
       expenses of that agency's representative. Provides that an
       agency representative does not receive any additional
       compensation for representing the agency or for carrying out
       other duties under this chapter.
       
       (f) Sets forth objectives the agencies shall collaborate
       under the direction of the commissioner to accomplish.
       
       (g) Requires the executive director, commissioner, or other
       executive head of each agency to ensure that the strategic
       plan, budget, and performance measures of the agency reflect
       the joint responsibilities listed in Subsection (f).
       
       (h) Authorizes the commissioner to solicit the participation
       of other agencies involved in child and family issues,
       including institutions of higher education, to accomplish
       the purposes of this section.
        SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
                                 
     Sec. 72.031. DEFINITION. Defines "local commission."
     
     Sec. 72.032. CERTIFICATION OF LOCAL COMMISSIONS. (a)
     Authorizes the commission to annually solicit applications for
     new local commissions from counties which have not established
     a local commission. Authorizes a commissioners court of a
     county, governing body of a municipality, council of
     governments, regional planning body or similar entity,
     charitable organization that solicits contributions for health
     and human services, or an existing child and family commission
     that meets the requirements of Section 72.033 to submit a
     proposal for a local commission. Provides that the commission
     may accept only one proposal from each county.
     
     (b) Sets forth requirements for a proposal submitted under
       this section.
       
       (c) Requires the commission to adopt rules for providing
       technical support to the local commissions, assisting them
       to eliminate administrative and regulatory barriers, and
       certifying and monitoring the operation of local
       commissions.
       
       (d) Provides that a local commission may serve one or more
       counties, but a county may not be served by more than one
       local commission.
       
       (e) Requires the Health and Human Services Commission,
       subject to available funding, to certify a local commission
       after receiving a proposal which conforms to the rules
       adopted by the commission. Establishes a local commission
       upon certification by the Health and Human Services
       Commission.
       
     Sec. 72.033. MEMBERSHIP OF LOCAL COMMISSIONS. (a) Sets forth
     required membership of a local commission.
     
     (b) Authorizes the local commission to appoint such advisory
       committees as necessary to satisfy requirements for federal
       funds and to qualify representation in the event a local
       commission is established by two or more counties, or to
       serve specific neighborhoods or communities.
       
       (c) Requires an applicant for certification under Section
       72.032 to attempt to ensure participation on the local
       commission by women and minorities, including African
       Americans, Hispanic Americans, Native Americans, and Asian
       Americans.
       
     Sec. 72.034. ADMINISTRATION OF LOCAL COMMISSIONS. (a) Provides
     that members of a local commission serve staggered two-year
     terms with as near as possible to half of the members' terms
     expiring February 1 of each year. Requires the members to draw
     lots at the first commission meeting to determine the length
     of each member's initial term and the year when each member's
     term expires. Requires members to choose new members by vote
     before the outgoing members leave office. Requires the
     membership of a local commission at all times to be as
     designated in Section 72.033.
     
     (b) Provides that members of a local commission serve
       without compensation, but a member may be reimbursed for
       actual expenses incurred in the performance of the member's
       official duties. Requires expenses under this subsection to
       be reported in the local commission's records and to be
       approved by the commission.
     Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
     COMMISSIONS. (a) Sets forth requirements for a local
     commission.
     
     (b) Provides that a local commission has all of the powers
       necessary for the effective operation of the local
       commission.
     Sec. 72.036. LOCAL GRANTS; NOTICE. (a) Authorizes a
     municipality, county, or political subdivision to provide a
     grant to a local commission to achieve the purposes of this
     chapter.
     
     (b) Requires a local commission to allow adequate notice and
       opportunity for public comment, including comments from the
       entities listed in Section 72.032(b)(1), before contracting
       for services.
     Sec. 72.037. ANNUAL AUDIT. (a) Requires a local commission to
     contract with an independent auditor for an annual financial
     audit.
     
     (b) Requires the state auditor, with the advice of the
       commission, to develop standardized forms and schedules for
       a local commission to use in conducting an annual financial
       audit. Requires a local commission to use the forms and
       schedules developed by the state auditor for its annual
       financial audit.
     Sec. 72.038. LIMITATION OF LIABILITY. (a) Provides that a
     local commission is a governmental unit for purposes of
     Chapter 101, Civil Practice and Remedies Code.
     
     (b) Provides that a member of a local commission is not
       liable for civil damages for any act performed in good faith
       in the execution of duties as a commission member or for an
       action taken by the commission.
     SUBCHAPTER D. STATE GRANTS AND STATE AGENCY COOPERATION
                                 
     Sec. 72.051. FUNDS AVAILABILITY. (a) Sets forth provisions for
     which the commission, in conjunction with the agencies listed
     under Section 72.022(a) and the Legislative Budget Board is
     required to develop a budget mechanism.
     
     (b) Authorizes the Legislative Budget Board, at the request
       of the commission, to transfer appropriations from state
       child-serving agencies to the commission in accordance with
       Subsection (a)(1).
       
       (c) Requires the commission to promulgate rules for the
       distribution of grant funds that may be appropriated by the
       legislature for local child and family commissions.
       Authorizes funds appropriated for local commissions to be
       used for grants under this section or for grants under
       Section 72.052.
       
       (d) Sets forth requirements for a grant to a local child and
       family commission made under this section.
       
       (e) Requires the commission, by rule, to provide for the
       distribution or available funds based on a county's child
       population and per capita income.
       
       (f) Authorizes the commission to modify the match amount
       required by Subsection (c) if the modification is necessary
       to accomplish the effective distribution of funds. Requires
       the modification, if the commission modifies the match
       formula, to apply to all applicants for funds under this
       section.
       
       (g) Authorizes the commission to retain no more than two
       percent of any funds appropriated for state grants under
       this section and to use those funds only for the
       administration of the grant program at the state level and
       for carrying out the duties prescribed by Section 72.022.
       
       (h) Provides that the value of an in-kind match of local
       resources made under Subsection (c)(2) is equal to the fair
       market value of the resources received.
     Sec. 72.052. COMMUNITY ASSISTANCE GRANTS. (a) Requires the
     commission by rule to provide a procedure by which it may make
     a one-time assistance grant to a local community on its
     certification to provide an incentive to establish a local
     child and family commission and support its initial operation.
     
     (b) Authorizes the commission, if funds are available, to
       provide an assistance grant to a local community on
       certification of a local child and family commission. Sets
       forth requirements for a grant under this subsection.
       
       (c) Provides that the value of an in-kind match of local
       resources made under Subsection (b)(2) is equal to the fair
       market value of the resources received.
     Sec. 72.053. COOPERATION WITH STATE AGENCIES; PERSONNEL. (a)
     Requires a local child and family commission to cooperate with
     the commission in setting performance standards and evaluating
     results for child and family programs for which the local
     commission and the commission are responsible.
     
     (b) Authorizes the commission to assist local child and
       family commissions in coordinating the efforts of state
       employees involved in child and family programs developed by
       local commissions.
       
              SUBCHAPTER E. MISCELLANEOUS PROVISIONS
                                 
     Sec. 72.071. COLLABORATION AGREEMENTS. (a) Authorizes state
     and local agencies that serve children and families, including
     local child and family commissions established under
     Subchapter C, to enter into collaboration agreements to
     accomplish the purposes prescribed by Section 72.001.
     
     (b) Authorizes a collaboration agreement to involve
       education, vocational rehabilitation, health, mental health,
       employment and training, child welfare, social services,
       juvenile justice, and other services or programs designated
       by the commission.
     Sec. 72.072. FUNDS. Subjects all funds received by the
     commission under this chapter to Chapter 404F, Government
     Code.
     
     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)
     Requires the department to establish a program to promote
     public awareness of the importance of prenatal care.
     
     (b) Sets forth requirements for the public awareness
       program.
       
       (c) Prohibits the public awareness program from providing
       counseling or referral regarding abortion or abortion
       services.
       
       (d) Requires the department, to conduct the public awareness
       program required by this section, to utilize, among other
       resources, the network of local coalitions developed by the
       department to promote its immunization public awareness
       program.
       
       SECTION 3.   (a) Requires the commissioner of health and human
services, in collaboration with the agencies listed in this section
and the Regional Administration for Children and Families Head
Start Bureau, to coordinate the program services, eligibility
requirements, funding, enrollment periods, fees, and administrative
functions of 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 no later
than December 1, 1996.

     (b) Requires the commissioner of health and human services to
     report the results of the initiative prescribed by this Act to
     coordinate the delivery of services to children and families
     to the legislature on or before December 1, 1996.
     
     SECTION 4.     (a) Requires the Texas Department of Health to develop
a plan to increase accessibility of dental services for children
that targets children who are eligible for but are not receiving
medical assistance. Sets forth requirements for the department, in
developing the plan.

     (b) Requires the department, using existing departmental
     resources, to prepare the plan  required by this section and
     the projected budget for that plan no later than September 1,
     1996. Authorizes the Texas Board of Health to appoint a
     special task force to help the department in preparing this
     plan. Requires the department to present the plan and budget
     to the 75th Legislature.
     
     (c) Provides that this section expires June 1, 1997.
     
     SECTION 5.     (a) Requires the Texas Department of Mental Health and
Mental Retardation (TMHMR), Central Education Agency, and the
Department of Protective and Regulatory Services to jointly develop
a plan for providing services to children with severe mental or
emotional disorders who require residential treatment. Sets forth
requirements for the plan.

     (b) Requires TMHMR, in developing the plan, to consider
     whether to include certain provisions in the plan.
     
     (c) Requires TMHMR to complete the plan, together with an
     estimated budget and recommendations for statutory changes
     necessary or convenient to implement the plan, no later than
     January 15, 1997. Requires the department to submit the plan
     to the governor and the legislature on completion.
     
     (d) Provides that this section expires June 1, 1997.
     
     SECTION 6.     (a) Requires the comptroller to establish a pilot
project to determine the effectiveness of using investment
budgeting to measure the cost-effectiveness of certain children's
prevention services.

     (b) Sets forth requirements for the comptroller as part of the
     investment budgeting process.
     
     (c) Requires the comptroller to consider including the
     children's immunization programs in determining which
     children's prevention services will be examined in the pilot
     project.
     
     (d) Requires the comptroller, no later than January 15, 1997,
     to submit to the governor and the 75th Legislature a report
     concerning the effectiveness of the pilot project.
     
     (e) Provides that this section expires September 1, 1997.
     
     SECTION 7.     Requires the Texas Department of Health to establish the
prenatal care public awareness program required by Section 32.022,
Health and Safety Code, no later than January 1, 1996.

SECTION 8. Effective date: September 1, 1995.

SECTION 9. Emergency clause.