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.