1-1  By:  Maxey (Senate Sponsor - Zaffirini)                H.B. No. 869
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 12, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 7, Nays
    1-6  1; May 12, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 869                 By:  Moncrief
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to coordinated delivery of health and human services
   1-11  programs.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 10, Article 4413(502), Revised Statutes,
   1-14  is amended by amending Subsection (c) and adding Subsection (e) to
   1-15  read as follows:
   1-16        (c)  In developing a strategic health and human services plan
   1-17  and plan updates under this section, the commissioner shall
   1-18  consider:
   1-19              (1)  existing strategic plans of health and human
   1-20  services agencies;
   1-21              (2)  the health and human services priorities and plans
   1-22  submitted to the commissioner by governmental entities under
   1-23  Subsection (e) of this section;
   1-24              (3)  facilitation of pending reorganizations or
   1-25  consolidations of health and human services agencies and programs;
   1-26              (4) <(3)>  public comment, including comment documented
   1-27  through public hearings conducted under Section 11 of this article;
   1-28  and
   1-29              (5) <(4)>  budgetary issues, including projected agency
   1-30  needs and projected availability of funds.
   1-31        (e)  The commissioner shall identify governmental entities
   1-32  that coordinate the delivery of health and human services in
   1-33  different regions, counties, and municipalities in the state and
   1-34  shall request that each of these entities:
   1-35              (1)  identify the health and human services priorities
   1-36  in the entity's jurisdiction and the most effective ways to deliver
   1-37  and coordinate services in that jurisdiction;
   1-38              (2)  develop a coordinated plan for the delivery of
   1-39  health and human services, including transition services that
   1-40  prepare special education students for adulthood, in the entity's
   1-41  jurisdiction; and
   1-42              (3)  make the information described by Subdivisions (1)
   1-43  and (2) of this section available to the commission.
   1-44        SECTION 2.  Section 14(a), Article 4413(502), Revised
   1-45  Statutes, is amended to read as follows:
   1-46        (a)  The commissioner shall:
   1-47              (1)  arbitrate and render the <a> final decision on
   1-48  interagency disputes;
   1-49              (2)  facilitate and enforce coordinated planning and
   1-50  delivery of health and human services, including compliance with
   1-51  the coordinated strategic plan, co-location of services, integrated
   1-52  intake, and coordinated referral and case management;
   1-53              (3)  at the request of a governmental entity identified
   1-54  under Section 10(e) of this article, assist the governmental entity
   1-55  in implementing a coordinated plan, which may include co-location
   1-56  of services, integrated intake, and coordinated referral and case
   1-57  management, tailored to the needs and priorities of that entity;
   1-58              (4)  request budget execution for the transfer of funds
   1-59  from one agency to another;
   1-60              (5) <(4)>  establish a federal health and human
   1-61  services funds management system and maximize the availability of
   1-62  those funds;
   1-63              (6) <(5)>  develop with the Department of Information
   1-64  Resources automation standards for computer systems to enable
   1-65  health and human services agencies, including agencies operating on
   1-66  a local level, to share pertinent data;
   1-67              (7) <(6)>  establish and enforce uniform regional
   1-68  boundaries for all health and human services agencies;
    2-1              (8) <(7)>  carry out statewide health and human
    2-2  services needs surveys and forecasting;
    2-3              (9) <(8)>  perform independent special outcome
    2-4  evaluations of health and human services programs and activities;
    2-5              (10) <(9)>  adopt rules necessary to carry out the
    2-6  commission's duties under this Act; and
    2-7              (11) <(10)>  develop a formula for distribution of
    2-8  funds that considers such need factors as client base, population,
    2-9  and economic and geographic factors within the regions of the
   2-10  state.
   2-11        SECTION 3.  Article 4413(502), Revised Statutes, is amended
   2-12  by adding Section 10A to read as follows:
   2-13        Sec. 10A.  USE OF AGENCY STAFF.  To the extent requested by
   2-14  the commission, a health and human services agency shall assign
   2-15  existing staff to perform a function under this article.
   2-16        SECTION 4.  Section 533.044(a), Health and Safety Code, as
   2-17  added by Chapter 905, Acts of the 73rd Legislature, Regular
   2-18  Session, 1993, is amended to read as follows:
   2-19        (a)  The department<, Texas Department of Health,> and Texas
   2-20  Department of Human Services by rule shall adopt a joint memorandum
   2-21  of understanding that requires the use of a uniform assessment tool
   2-22  to assess whether an elderly person, a person with mental
   2-23  retardation, a person with a developmental disability, or a person
   2-24  who is suspected of being a person with mental retardation or a
   2-25  developmental disability and who is receiving services in a
   2-26  facility regulated or operated by the department<, Texas Department
   2-27  of Health,> or Texas Department of Human Services needs a guardian
   2-28  of the person or estate, or both.
   2-29        SECTION 5.  (a)  The commissioner of health and human
   2-30  services, in collaboration with the state agencies listed in this
   2-31  section, the Regional Administration for Children and Families Head
   2-32  Start and Child Care Bureaus, the Texas Head Start Association, and
   2-33  the Texas Association of Community Action Agencies, shall
   2-34  coordinate the program services, eligibility requirements, funding,
   2-35  enrollment periods, fees, and administrative functions of the
   2-36  following programs by no later than December 1, 1996:
   2-37              (1)  the child-care programs of the Texas Department of
   2-38  Human Services; and
   2-39              (2)  the prekindergarten programs of the Central
   2-40  Education Agency.
   2-41        (b)  The commissioner of health and human services shall
   2-42  report the results of the initiative prescribed by this provision
   2-43  to the legislature on or before December 1, 1996.
   2-44        (c)  Nothing in this section shall be construed to transfer
   2-45  funding for or the administration of child-care or prekindergarten
   2-46  programs to the Health and Human Services Commission.
   2-47        SECTION 6.  The importance of this legislation and the
   2-48  crowded condition of the calendars in both houses create an
   2-49  emergency and an imperative public necessity that the
   2-50  constitutional rule requiring bills to be read on three several
   2-51  days in each house be suspended, and this rule is hereby suspended,
   2-52  and that this Act take effect and be in force from and after its
   2-53  passage, and it is so enacted.
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