By Denny H.B. No. 903 74R1747 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to merging the Texas Department on Aging into the Health 1-3 and Human Services Commission. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 101, Human Resources Code, 1-6 is amended by adding Section 101.0015 to read as follows: 1-7 Sec. 101.0015. TRANSFER OF POWERS AND DUTIES OF BOARD AND 1-8 DEPARTMENT. (a) All powers and duties of the Texas Board on Aging 1-9 and the executive director of aging under this chapter or other law 1-10 are transferred to the commissioner of health and human services. 1-11 All powers and duties of the Texas Department on Aging under this 1-12 chapter or other law are transferred to the Health and Human 1-13 Services Commission. 1-14 (b) Any reference in law to the Texas Board on Aging or the 1-15 executive director of aging is a reference to the commissioner of 1-16 health and human services. Any reference in law to the Texas 1-17 Department on Aging or the Governor's Committee on Aging is a 1-18 reference to the Health and Human Services Commission. 1-19 SECTION 2. Article 4413(502), Revised Statutes, is amended 1-20 by adding Section 22 to read as follows: 1-21 Sec. 22. POWERS AND DUTIES OF TEXAS DEPARTMENT ON AGING. 1-22 (a) The commissioner shall exercise the powers and perform the 1-23 duties granted to the Texas Board on Aging or the executive 1-24 director of aging under Chapter 101, Human Resources Code, or other 2-1 law. The commission shall exercise the powers and perform the 2-2 duties granted to the Texas Department on Aging under Chapter 101, 2-3 Human Resources Code, or other law. 2-4 (b) The commissioner and the commission may exercise the 2-5 powers and perform the duties granted to the Texas Department on 2-6 Aging or the executive director of aging either directly or by 2-7 entering into an interagency contract or memorandum of 2-8 understanding with another health and human services agency to 2-9 exercise the powers and perform the duties on behalf of the 2-10 commissioner or the commission. 2-11 SECTION 3. Sections 101.001, 101.0011, 101.002, 101.003, 2-12 101.0031, and 101.006, Human Resources Code, are repealed. 2-13 SECTION 4. (a) The Texas Board on Aging, the Texas 2-14 Department on Aging, and the position of executive director of 2-15 aging are abolished. All powers, duties, obligations, rights, 2-16 contracts, records, employees, property, and unspent and 2-17 unobligated appropriations and other funds of the abolished 2-18 entities are transferred to the commissioner of health and human 2-19 services or the Health and Human Services Commission in accordance 2-20 with the changes in law made by this Act. 2-21 (b) The abolishment of the Texas Board on Aging, the Texas 2-22 Department on Aging, and the position of executive director of 2-23 aging does not affect the validity of an action taken by or in 2-24 connection with one of the abolished entities. 2-25 (c) All rules, policies, procedures, and decisions of the 2-26 abolished entities are continued in effect as rules, policies, 2-27 procedures, and decisions of the commissioner of health and human 3-1 services or the Health and Human Services Commission, as 3-2 appropriate, until superseded by a rule or other appropriate action 3-3 of the commissioner or commission. 3-4 (d) Any complaint, investigation, action, or proceeding 3-5 before one of the abolished entities is transferred without change 3-6 in status to the commissioner of health and human services or the 3-7 Health and Human Services Commission, as appropriate, and the 3-8 commissioner of health and human services or the Health and Human 3-9 Services Commission, as appropriate, assumes, without a change in 3-10 status, the position of one of the abolished entities in any action 3-11 or proceeding to which the abolished entity is a party. 3-12 SECTION 5. This Act takes effect September 1, 1995. 3-13 SECTION 6. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.