BILL ANALYSIS
C.S.H.B. 2891
By: Hilderbran (Sponsor)
Health and Human Services
05-20-95
Senate Committee Report (Substituted)
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. The committee was directed to
make specific recommendations concerning the continuation,
modification, or elimination of required legislative reports.
PURPOSE
As proposed, C.S.H.B. 2891 streamlines reporting requirements
imposed on certain state agencies by the legislature and
legislative branch agencies, eliminating any unnecessary reporting
requirements.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Department on Aging, the Texas Department of Human
Services, the Texas Department of Health, and the Texas Department
of Mental Health and Mental Retardation under SECTION 20 (Section
22(d), Article 4413(502), V.T.C.S.) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 21.011, Human Resources Code, by adding
Subsection (c), to require the report required by Subsection (b) to
include fees for professional services or consultative services
provided for the general administration of the Texas Department of
Human Services (DHS), but prohibits the report from including
professional fees paid for routine or special examinations to
determine the eligibility of individuals for a program administered
by DHS; professional fees for treatment, services, or care for
individual recipients; or fees for providing special needs or
appliances for individual recipients.
SECTION 2. Amends Section 33.002(d), Human Resources Code, to
require DHS, as soon as practicable after the end of each fiscal
year, to report to the Governor's Office of Budget and Planning
(GOBP), the Legislative Budget Board (LBB), and the state auditor,
among others, regarding its monitoring of expedited issuance.
Requires DHS to notify members of the legislature and the standing
committees of the senate and house of representatives having
primary jurisdiction over DHS of the filing of the report.
SECTION 3. Amends Section 33.024(j), Human Resources Code, to
require DHS and the Central Education Agency, not later than
November 1, of each even-numbered year, to provide GOBP, LBB, and
the state auditor a report that includes a listing of certain
school districts. Requires DHS to notify members of the
legislature and the standing committees of the senate and house of
representatives having primary jurisdiction over DHS of the filing
of the report. Makes conforming and nonsubstantive changes.
SECTION 4. Amends the heading to Chapter 50, Human Resources Code,
as follows:
CHAPTER 50. LICENSING
SECTION 5. Amends Section 50.007, Human Resources Code, to require
the commissioner of public health to file with the governor and the
presiding officer of each house of the legislature a written report
regarding DHS' work in licensing, rather than certifying, social
workers during the preceding fiscal year. Requires the report to
be filed not later than November 1 of each year.
SECTION 6. Amends Section 51.006, Human Resources Code, to require
DHS, not later than November 1 of each even-numbered year, to
publish a report described under this section. Requires the report
to be combined with the report required by Section 21.011.
Requires copies of the report to be submitted to, among others, the
standing committees of the senate and house of representatives
having primary jurisdiction over DHS.
SECTION 7. Amends Section 91.012(c), Human Resources Code, to
delete provisions requiring the executive director of the Texas
Commission for the Blind to submit an annual report and to estimate
certain funds.
SECTION 8. Amends Section 91.053(b), Human Resources Code, to
require the Texas Commission for the Blind, if it determines that
a provision of state law precludes conformity with a federal
requirements and limits federal financial support, to, among other
measures, include in the report required by Section 91.019 a
description of the manner in which state law conflicts with federal
law.
SECTION 9. Amends Section 101.0061(f), Human Resources Code, to
delete provisions requiring the policy statement to be filed with
the governor's office. Makes a nonsubstantive change.
SECTION 10. Amends Section 101.008(c), Human Resources Code, to
require the report under this subsection to include information
concerning the amount of matching funds required for federal grants
to local retired senior volunteer programs.
SECTION 11. Amends Chapter 101B, Human Resources Code, by adding
Section 101.0252, as follows:
Sec. 101.0252. REPORT ON UNIT COSTS. Requires DHS to file
with LBB and GOBP a report that clearly identifies the unit
cost of certain services provided by an area agency on aging.
Requires the report to be filed twice each year on or before
the date specified by LBB, and to be in the form required by
LBB.
SECTION 12. Amends Section 101.049, Human Resources Code, as
follows:
Sec. 101.049. New heading: ANNUAL REPORT. (a) Requires DHS
to report annually on the program under this section to the
governor and presiding officer of each house of the
legislature.
(b) Requires the report to include certain information.
(c) Requires the report to be submitted not later than
November 1 of each even-numbered year. Authorizes the
report to be combined with the report required by Section
101.008.
SECTION 13. Amends Section 101.062, Human Resources Code, as
follows:
(a) Created from existing text.
(b) Requires the report under this section to be submitted to
the governor and the presiding office of each house of the
legislature not later than November 1 of each even-numbered
year. Authorizes the report to be combined with the report
required by Section 101.008.
SECTION 14. Amends Section 122.018(a), Human Resources Code, to
require the Texas Committee on Purchases of Products and Services
of Blind and Severely Disabled Persons, on or before November 1,
rather than January 1, of each year to file a report with the
governor and presiding officer of each house of the legislature.
SECTION 15. Amends Section 131.002, Human Resources Code, to
conform to Section 14, Chapter 747, Acts of the 73rd Legislature,
Regular Session, 1993, as follows:
(a) Requires the Health and Human Services Transportation and
Planning Office (office) to, among other actions, review the
feasibility of taking medical care to those in need and review
the possibility of using federal highway funds for those
transportation needs.
(b) Requires the office to coordinate with the Health and
Human Services Commission and health and human services
agencies in implementing the goals listed in Section 10(b),
Article 4413(502), V.T.C.S. Require the office to report its
findings and proposals to the governor, LBB, secretary of
state, and the commissioner of health and human services not
later than September 1 of each even-numbered year.
SECTION 16. Amends Section 141.0475(a), Human Resources Code, to
require the Texas Juvenile Probation Commission and the Department
of Protective and Regulatory Services (DPRS), rather than the
Department of Human Services, to maintain a joint memorandum of
understanding to coordinate local-level interagency service
delivery to runaways. Requires the memorandum, among other
requirements, to require both agencies to report, as part of the
reports required by Article 4413(503), V.T.C.S., and Section
141.024, Human Resources Code.
SECTION 17. Amends Chapter 552F, Government Code, by adding
Section 552.270, as follows:
Sec. 552.270. REPORT BY STATE AGENCY ON COST OF COPIES. (a)
Requires each state agency, not later than December 1 of each
even-numbered year, to file a report with LBB, the comptroller
of public accounts, and the General Services Commission
describing the agency's procedures for charging and collecting
fees for copies of public records.
(b) Defines "state agency."
SECTION 18. Amends Section 2052.001, Government Code, by adding
Subsection (c), to require the secretary of state, on receipt of a
report under Subsection (a), to send a copy of the standing
committees of the senate and house of representatives having
primary jurisdiction over the state agency that submitted the
report.
SECTION 19. Amends Section 2052.003, Government Code, as
follows:
Sec. 2052.003. New heading: REPORT ON EQUAL EMPLOYMENT
OPPORTUNITIES. (a) Requires a state agency that sends to the
governor an annual report in equal employment opportunities
with the agency to include information relating to, among
others, individuals for whom state or federal guidelines
encourage a more equitable balance whom the agency employs.
Makes nonsubstantive changes.
(b) Defines "individual with a disability," rather than
"handicapped individual."
(c) Exempts certain persons from the definition of
"individual with a disability." Makes a nonsubstantive
change.
SECTION 20. Amends Article 4413(503), V.T.C.S., by adding Section
16, as follows:
Sec. 16. REPORTS. Requires a report required by law
concerning DPRS' expenditures to include fees for professional
services or consultative services provided for the general
administration of DPRS, but prohibits the report from
including professional fees paid for routine or special
examinations to determine the eligibility of individuals for
a program administered by DPRS; professional fees for
treatment, services, or care for individual recipients; or
fees for providing special needs or appliances for individual
recipients.
SECTION 21. Amends Section 20, Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to require the Texas Board of Health,
as part of the report required by Section 11.017, Health and Safety
Code, to include activities of the Texas State Board of Examiners
of Professional Counselors during the preceding fiscal year.
SECTION 22. Requires the Texas Department of Human Services to
report to the standing committees of the senate and house of
representatives having primary jurisdiction over the department on
the status of the pilot program required by Chapter 830, Acts of
the 73rd Legislature, Regular Session, 1993. Requires the
department to notify each member of the legislature of the report
and to provide a copy of the report to each member who requests
one.
SECTION 23. Repealer: Sections 21.0051(d), 31.013, 81.008(e),
81.011, 91.017(b), 101.022(f). and 101.031, Human Resources Code
(Personnel Policies, Interim Study, Executive Director,
Telecommunications Devices for the Deaf in State Agencies and Units
of Local Government, Equal Employment Opportunity Policy Statement,
General Functions of Department, Long-Term Care State Plan for the
Elderly); Section 8(f), Article 4413(502), V.T.C.S. (Personnel
Matters); Section 10(f), Article 4413(503), V.T.C.S. (Personnel);
and Section 14, Chapter 747, Acts of the 73rd Legislature, Regular
Session, 1993.
SECTION 24. Effective date: September 1, 1995.
SECTION 25. Emergency clause.