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.