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.
2-54 * * * * *