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.