BILL ANALYSIS H.B. 2891 By: Hilderbran 04-12-95 Committee Report (Amended) BACKGROUND During the interim of the 73rd Legislature, Speaker Laney directed the House Committee on Human Services to study mandated reports to the legislature and legislative agencies for agencies under the committee's jurisdiction. The study consisted of a review of legislative reporting requirements, identifying areas where reporting requirements could be streamlined and areas where legislative accountability could be improved. The committee was directed to make specific recommendations concerning the continuation, modification, or elimination of required legislative reports. The committee solicited input from agencies, who provided information concerning their reporting requirements, and from the office of the State Auditor. Most agencies prepared responses based on reports mandated in the general appropriations bill. However, some agencies also recognized and listed the reports set out in general statute, including their own enabling statutes. Specific and detailed information relating to reporting requirements was incorporated into the Human Services Committee's Interim Report to the 74th Legislature. PURPOSE H.B. 2891 would streamline reporting requirements imposed on state agencies by the Legislature and/or legislative branch agencies and eliminate any unnecessary reporting requirements. The measure also attempts to cut back on the number of reports distributed, requiring that lawmakers and standing committees be notified of the availability of a report, rather than sent a copy of a report. RULEMAKING AUTHORITY H.B. 2891 delegates rulemaking authority to the Texas Department on Aging, Texas Department of Human Services, Texas Department of Health, and the Texas Department of Mental Health and Retardation in Section 20 of the bill, in Sec. 22(d) of Article 4413(502), Revised Statutes, which relocates a provision currently located in Chapter 101 of the Human Resources Code, relating to adopting a memorandum of understanding and revisions thereto regarding each agency's responsibilities in the long-term care state plan for the elderly. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.011 of the Human Resources Code, by adding new Subsection (c) as follows: (c) Requires the Department of Human Services (DHS) to include fees for professional services or consultants who provide services for the general administration of DHS, but excludes: (1) fees for routine examination of eligibility services; (2) fees for services to assist individual recipients of DHS administered programs; or (3) fees for special needs or equipment which assists individual recipients. SECTION 2. Amends Section 33.002(d), Human Resources Code, to clarify that reporting concerning the issuance of food stamps be made as soon as practicable at the end of each fiscal year. Changes recipients of reports from Governor and Legislature to the Governor's Office of Budget and Planning, the Legislative Budget Board, and the State Auditor. Also requires DHS to notify members of the legislature and appropriate standing committees about the filing of the report. SECTION 3. Amends Section 33.024(j), Human Resources Code, to specify that the Central Education Agency (TEA) and DHS must submit reports concerning the Summer Food Service Program by November 1 of even-numbered years, and designates recipients as the Governor's Office of Budget and Planning, the Legislative Budget Board, and the state auditor. Requires DHS to notify members of the legislature and standing committees of the filing of the report. SECTION 4. Amends the heading of Chapter 50, Human Resources Code, to update heading after 1993 legislative changes to the social workers statute, now to read "LICENSING". SECTION 5. Amends Sec. 50.007, H.R. Code, to require the Dept. of Health to include in its annual report information concerning the licensing of social workers. Deletes references to DHS' operations of the program. SECTION 6. Amends Sec. 51.006, H.R. Code, to require DHS to publish the biennial report on family violence by November 1, of even-numbered years, and permits the report to be combined with the agency's annual report, submitted to the Governor, Lt. Governor, Speaker, Legislature, and appropriate standing committees. SECTION 7. Amends Sec. 91.012(c), H.R. Code, to eliminate separate report by the executive director to submit to the Commission for the Blind, outdated verbiage that has been virtually replaced by the agency annual report required under Article V, Appropriations Bill, requirements. SECTION 8. Amends Sec. 91.053(b), H.R. Code, by requiring inclusion of issues in which state law conflicts with federal law in the agency's annual report. SECTION 9. Amends Section 101.0061(f), H. R. Code, by striking the word "handicap," and substituting "disability" to reflect more current terminology. Also eliminates separate reporting requirement relating to equal employment opportunities at the agency, since this report also falls under Article V, Appropriations Bill requirements. SECTION 10. Amends Section 101.008(c), Human Resources Code, relating to the annual report of the Department on Aging, by instructing the agency to include information concerning the amount of matching funds required for federal grants to local retired senior volunteer programs. SECTION 11. Amends Chapter 101, Human Resources Code, by adding new Section 101.0252, requiring the Department on Aging to report on unit costs of certain services provided by an area agency on aging. Provides for the report to be filed twice each year with the Legislative Budget Board and the Governor's Office of Budget and Planning. SECTION 12. Amends Section 101.049, Human Resources Code, by changing the name of the heading to "Annual Report", redesignating existing provision as subsection (a) and adding a new subsection (b) as follows: (a) Requires that reports on the Options for Independent Living Program be submitted annually rather than "periodically" and delivered to the legislature's presiding officers. (b) Stipulates information that must be contained in the annual report relating to the Options program. (c) Requires the agency to submit reports by November 1 of even-numbered years; the Options report may also be combined with the agency's annual report. SECTION 13. Amends Section 101.062, H.R. Code, by designating existing provisions as subsection (a) and adding new subsection (b) as follows: (a) No changes. (b) Requires reports to be submitted to the Governor and presiding legislative officers by November 1 of even-numbered years. Report may be combined with the agency's annual report. SECTION 14. Amends Section 122.018(a), Human Resources Code, by moving the reporting deadline from January to November 1 of each year. SECTION 15. Amends Section 131.002, Human Resources Code, by designating existing provisions subsection (a) and adding new subsections (a)(10) and (b) as follows: (a)(10) Requires the Health & Human Services Transportation and Planning Office to review the feasibility of taking medical care to needy Texans by use of mobile clinics, and review possibility of using federal highway funds for transportation needs. (b) Requires the Health & Human Services Transportation and Planning Office to coordinate with the Health & Human Services Commission in implementing goals listed Sec. 10(b) of HHSC's enabling statute at Art. 4413(502), Rev. Stat. Requires the Office to report its findings and proposals to the Governor, LBB, secretary of state, and the Commissioner of Health and Human Services by September 1 of even-numbered years. SECTION 16. Amends subsection (5) of Section 141.0475(a), Human Resources Code, by permitting the required report to be included in the annual report of the two agencies. SECTION 17. Amends Subchapter F, Chapter 552, Government Code, by adding a new Section 552.270, placing into statute the text of H.B. 1009 (73rd Leg.), as follows: Sec. 552.270. REPORT BY STATE AGENCY ON COST OF COPIES. (a) By December 1 of even-numbered years, state agency report to the LBB, comptroller, and General Services Comm'n describing agency procedures for the charging and collecting fees for copies of public records. (b) Defines "state agency." SECTION 18. Amends Section 2052.001, Government Code, by adding new Subsection (c), as follows: (c) Requires Secretary of State to send copies of annual reports received to the appropriate standing committees of the House and Senate. SECTION 19. Amends 2052.003, Government Code, to provide technical corrections, updating terminology in the statute; for example, the term "handicapped" is replaced with "individual with a disability." SECTION 20. Amends Article 4413(502), Revised Statutes, by adding new Section 22, which relocates the Long-Term Care State Plan from the Dept. on Aging's statute in Chapter 101 more appropriately to the Health & Human Services Commission's (HHSC) enabling statute, as follows: Sec. 22. LONG-TERM CARE STATE PLAN FOR THE ELDERLY. (a) Requires HHSC to revise, update and review the implementation of the long-term care state plan for the elderly and submit biennial reports to the Governor and legislature; review issues relating to long-term care and develop policy recommendations; and encourage cooperative planning among public, private and volunteer sectors for service delivery. (b) Requires the Dept. on Aging, DHS, TX Dept. of Health, and TX Dept. of Mental Health & Mental Retardation to adopt a memorandum of understanding (MOU) clearly defining the responsibilities of each agency in the biennial revision of the Texas long-term care plan for the elderly. (c) Requires the above agencies to review and update the MOU not later than the last month of each state fiscal year. (d) Requires each agency by rule to adopt the MOU and revisions thereto. SECTION 21. Amends Article 4413(503), Revised Statutes, by adding new Section 16 as follows: Sec. 16. REPORTS. Requires the Department of Protective & Regulatory Services (DPRS) to report on fees paid for professional services or consultants who provide services for the general administration of DPRS, but excluding: (1) fees for routine examination of eligibility services; (2) fees for services to assist individual recipients of DHS administered programs; or (3) fees for special needs or equipment which assists individual recipients. SECTION 22. Amends Sec. 20 of Article 4512g, V.T.C.S. by requiring the Dept. of Health to include in its own annual report information relating to the activities of the Texas State Board of Examiners of Professional Counselors, and strikes provision requiring the board to do a separate report. SECTION 23. Establishes reporting deadline of November 1, 1996, for DHS relating to the agency's activities with regard to H.B. 54, 73rd Legislature, creating a pilot program for teen parents receiving AFDC benefits. SECTION 24. Repeals ten reports in the following statutes: (1) Human Resources Code: Secs. 21.0051(d), 31.013, 81.008(e), 81.011, 91.017(b), 101.022(f), and 101.031; (2) Sec. 8(f) of Article 4413(502), Revised Statutes; (3) Sec. 10(f) of Article 4413(503), Revised Statutes; and (4) Sec. 14 of Chapter 747, 73rd Legislature, 1993. SECTION 25. Effective date, Sept. 1, 1995. SECTION 26. Emergency clause. EXPLANATION OF AMENDMENTS The committee adopted an amendment to H.B. 2891 which made technical corrections to the bill to eliminate drafting errors in Section 16 of the bill, striking references to the Dept. of Human Services and substituting the Dept. of Protective & Regulatory Services, the agency now operating the program for runaways. The amendment also eliminated confusing language regarding the contents of the report on the Options for Independent Living Program operated by the TX Dept. on Aging. SUMMARY OF COMMITTEE ACTION In a public hearing on April 10, 1995, the committee considered H.B. 2891 by Rep. Hilderbran. The following witness testified for H.B. 2891: David Latimer, Texas Ass'n of Homes and Services for the Aging. The following witnesses testified as neutral on H.B. 2891: Laura Smith, Health and Human Services Commission and Kim Kirchoff, Texas Ass'n of Regional Councils. No one testified against H.B. 2891 and the bill was left pending. On April 12, 1995, the committee convened in a formal meeting and took up H.B. 2891 which had been pending. Rep. Naishtat offered Committee Amendment No. 1, making technical corrections, and moved adoption. Hearing no objection, Committee Amendment No. 1 was adopted. Rep. Davila moved to committee pass H.B. 2891 favorably as amended and the motion prevailed by a record vote of 7 Ayes, 0 Nays, 0 PNV and 2 Absent.