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.