By McDonald, Coleman, et al. H.B. No. 1409
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to children and family issues, including health and human
1-3 services issues.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 3, Human Resources Code, is
1-6 amended by adding Chapter 72 to read as follows:
1-7 CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY OF
1-8 SERVICES TO CHILDREN AND FAMILIES
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 72.001. PURPOSE. The purpose of this chapter is to
1-11 ensure that all children will:
1-12 (1) live in stable, nurturing, and supportive
1-13 families;
1-14 (2) be mentally and physically healthy;
1-15 (3) enter school able to learn to their fullest
1-16 potential and be able to succeed in school; and
1-17 (4) develop into productive, law-abiding citizens.
1-18 Sec. 72.002. DEFINITIONS. In this chapter:
1-19 (1) "Board" means the Legislative Health and Human
1-20 Services Board created under Chapter 330, Government Code.
1-21 (2) "Child" means a person younger than 19 years of
1-22 age.
1-23 (3) "Commission" means the Health and Human Services
2-1 Commission.
2-2 (4) "Commissioner" means the commissioner of health
2-3 and human services.
2-4 (Sections 72.003-72.020 reserved for expansion
2-5 SUBCHAPTER B. STATE PARTICIPATION IN PARTNERSHIP
2-6 FOR SERVICES TO CHILDREN AND FAMILIES
2-7 Sec. 72.021. DESIGNATED STATE AGENCY. (a) The Health and
2-8 Human Services Commission is the state agency responsible for
2-9 providing leadership to ensure that the purposes of this chapter
2-10 are realized.
2-11 (b) The commission may require health and human service,
2-12 education, and juvenile justice agencies listed under Section
2-13 72.022(a) to provide staff and other administrative support as
2-14 necessary to assist the commission in discharging its
2-15 responsibilities under this section.
2-16 Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) In
2-17 conjunction with the commissioner of health and human services, the
2-18 executive director, commissioner, or other executive head, as
2-19 appropriate, of the following state agencies shall ensure that the
2-20 agency under the person's direction adopts and implements the
2-21 policies and procedures necessary to accomplish the objectives of
2-22 this chapter except where those policies and procedures conflict
2-23 with rules adopted by the elected board of the agency:
2-24 (1) Central Education Agency;
2-25 (2) Health and Human Services Commission;
3-1 (3) Department of Protective and Regulatory Services;
3-2 (4) Interagency Council on Early Childhood
3-3 Intervention Services;
3-4 (5) Texas Commission on Alcohol and Drug Abuse;
3-5 (6) Texas Commission for the Blind;
3-6 (7) Texas Department of Health;
3-7 (8) Texas Department of Human Services;
3-8 (9) Texas Department of Mental Health and Mental
3-9 Retardation;
3-10 (10) Texas Juvenile Probation Commission;
3-11 (11) Texas Youth Commission;
3-12 (12) Texas Employment Commission; and
3-13 (13) Children's Trust Fund of Texas Council.
3-14 (b) The executive director, commissioner, or other executive
3-15 head of an agency shall designate an employee of the agency to
3-16 represent the agency, under the direction of the executive head,
3-17 and assist the agency in carrying out the objectives of Subsection
3-18 (f).
3-19 (c) The commissioner of health and human services and the
3-20 commissioner of education shall regularly meet with the agency
3-21 representatives to determine the progress made toward realizing the
3-22 goals of Subsection (f).
3-23 (d) The representatives of the agencies shall meet at the
3-24 call of the commissioner.
3-25 (e) Each agency is responsible for the expenses of that
4-1 agency's representative. An agency representative does not receive
4-2 any additional compensation for representing the agency or for
4-3 carrying out other duties under this chapter.
4-4 (f) The agencies shall collaborate under the direction of
4-5 the commissioner to accomplish the following objectives:
4-6 (1) the establishment of a system to encourage and
4-7 support the development of local child and family commissions
4-8 throughout the state that includes the elimination of
4-9 administrative or regulatory barriers and the provision of adequate
4-10 technical assistance to those commissions;
4-11 (2) the development of a blueprint for children that
4-12 establishes goals for children, that includes short-range and
4-13 long-range strategies treating education, health and human
4-14 services, and juvenile justice issues, and that accomplishes the
4-15 purposes prescribed by Section 72.001;
4-16 (3) the definition of common, uniform, cross-agency
4-17 outcome measures and a system of evaluation to measure the effects
4-18 of agency programs for children and families;
4-19 (4) the initiation of strategies for refinancing
4-20 children's services administered by state agencies to ensure the
4-21 most effective use of federal, state, and local funds;
4-22 (5) the submission of a quarterly report to the board
4-23 on progress in meeting the objectives of this subsection; and
4-24 (6) the response to other issues considering the
4-25 recommendations of the board.
5-1 (g) The executive director, commissioner, or other executive
5-2 head of each agency shall ensure that the strategic plan, budget,
5-3 and performance measures of the agency reflect the joint
5-4 responsibilities listed in Subsection (f).
5-5 (h) The commissioner may solicit the participation of other
5-6 agencies involved in child and family issues, including
5-7 institutions of higher education, to accomplish the purposes of
5-8 this section.
5-9 (Sections 72.023-72.030 reserved for expansion
5-10 SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
5-11 Sec. 72.031. DEFINITION. In this subchapter, "local
5-12 commission" means a local child and family commission certified by
5-13 the commission under this subchapter.
5-14 Sec. 72.032. CERTIFICATION OF LOCAL COMMISSIONS. (a) The
5-15 commission shall annually solicit applications for new local
5-16 commissions. A commissioners court of a county may submit a
5-17 proposal for a local commission.
5-18 (b) A proposal submitted under this section must:
5-19 (1) demonstrate that the applicant has consulted with
5-20 local governments and other public entities, nonprofit
5-21 organizations, voluntary associations, representatives of
5-22 low-income persons, and other groups involved in providing health
5-23 and human services or funding for those services about the needs of
5-24 the community and how to meet those needs; and
5-25 (2) identify the proposed membership of the local
6-1 commission.
6-2 (c) The commission shall adopt rules to provide technical
6-3 support to the local commissions and assist them to eliminate
6-4 administrative and regulatory barriers.
6-5 (d) A local commission may serve one or more counties, but a
6-6 county may not be served by more than one local commission.
6-7 Sec. 72.033. MEMBERSHIP OF LOCAL COMMISSIONS. (a) The
6-8 commissioners court of the county or counties served by the local
6-9 commission shall appoint the following to the local commission:
6-10 (1) a member of the governing body of the most
6-11 populous municipality located in the county and a member of the
6-12 governing body of one other municipality located in the county;
6-13 (2) a member of the commissioners court of the county;
6-14 (3) an elected school board member from any
6-15 participating public school district in the county;
6-16 (4) a member of the local juvenile board;
6-17 (5) a child protective services administrator;
6-18 (6) a representative from a civic, religious, or
6-19 community-based organization;
6-20 (7) an appointee from the Head Start agency; and
6-21 (8) a member of any other entity that submits the
6-22 proposal for a local commission under Section 72.032(a).
6-23 (b) The local commission may appoint such advisory
6-24 committees as necessary to satisfy requirements for federal funds
6-25 and to qualify representation in the incident where a local
7-1 commission is established by two or more counties.
7-2 (c) The commissioners court shall select new members for the
7-3 local commission as needed. At all times the membership of the
7-4 local commission shall be as designated in Section 72.033.
7-5 Sec. 72.034. ADMINISTRATION OF LOCAL COMMISSIONS. Members
7-6 of a local commission serve without compensation, but a member may
7-7 be reimbursed for actual expenses incurred in the performance of
7-8 the member's official duties. Expenses under this subsection must
7-9 be reported in the local commission's records and must be approved
7-10 by the commission.
7-11 Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
7-12 COMMISSIONS. (a) A local commission shall:
7-13 (1) assess the need for child and family services and
7-14 available resources in the community served by the local
7-15 commission;
7-16 (2) monitor the effectiveness and efficiency with
7-17 which public and private organizations that receive public money
7-18 deliver child and family services;
7-19 (3) develop and submit to the commission local
7-20 strategic plans for services for children and families that are
7-21 related to the purposes of this chapter listed under Section
7-22 72.001, including local budgetary priorities and proposals for
7-23 alternative delivery systems;
7-24 (4) mobilize public, business, and voluntary agency
7-25 partnerships and promote the use of individual volunteers;
8-1 (5) foster the development of new services to meet
8-2 family needs more effectively, including services aimed at
8-3 preventing child abuse, poverty, malnutrition, failure in school,
8-4 juvenile delinquency, and other social ills;
8-5 (6) ensure fiscal efficiency by maximizing the use of
8-6 local, state, and federal funds, as appropriate; and
8-7 (7) ensure program effectiveness and fiscal
8-8 accountability in the delivery of child and family services.
8-9 (b) A local commission has all of the powers necessary for
8-10 the effective operation of the local commission, including the
8-11 power to:
8-12 (1) contract for assistance in administration or
8-13 management of the commission and for services to administer its
8-14 funds;
8-15 (2) pay all operating expenses by warrants drawn on
8-16 funds available for that purpose; and
8-17 (3) accept gifts and grants from any source to finance
8-18 its programs and facilities.
8-19 Sec. 72.036. LOCAL GRANTS; NOTICE. (a) A municipality,
8-20 county, or political subdivision may provide a grant to a local
8-21 commission to achieve the purposes of this chapter.
8-22 (b) A local commission shall allow adequate notice and
8-23 opportunity for public comment, including comments from the
8-24 entities listed in Section 72.032(b)(1), before contracting for
8-25 services.
9-1 Sec. 72.037. ANNUAL AUDIT. (a) A local commission shall
9-2 contract with an independent auditor for an annual financial audit.
9-3 (b) The state auditor shall, with the advice of the
9-4 commission, develop standardized forms and schedules for a local
9-5 commission to use in conducting an annual financial audit. A local
9-6 commission shall use the forms and schedules developed by the state
9-7 auditor for its annual financial audit.
9-8 Sec. 72.038. LIMITATION OF LIABILITY. (a) A local
9-9 commission is a governmental unit for purposes of Chapter 101,
9-10 Civil Practice and Remedies Code.
9-11 (b) A member of a local commission is not liable for civil
9-12 damages for any act performed in good faith in the execution of
9-13 duties as a commission member or for an action taken by the
9-14 commission.
9-15 (Sections 72.039-72.050 reserved for expansion
9-16 SUBCHAPTER D. STATE GRANTS AND STATE AGENCY COOPERATION
9-17 Sec. 72.051. FUNDS AVAILABILITY. (a) In conjunction with
9-18 the agencies listed under Section 72.022(a) and the Legislative
9-19 Budget Board, the commission shall develop a budget mechanism to:
9-20 (1) combine state and federal funds to provide grants
9-21 to local child and family commissions established under Subchapter
9-22 C; and
9-23 (2) distribute grant funds that may be appropriated by
9-24 the legislature for local child and family commissions.
9-25 (b) The Legislative Budget Board, at the request of the
10-1 commission, may transfer appropriations from state child-serving
10-2 agencies to the commission in accordance with Subsection (a)(1).
10-3 (c) A grant to a local child and family commission made
10-4 under this section must:
10-5 (1) be distributed locally for services that promote
10-6 the social, emotional, or physical well-being of children and
10-7 promote family support; and
10-8 (2) be matched by local resources, in cash or in kind,
10-9 equal to at least one-quarter of the grant amount, except as
10-10 provided by Subsection (e).
10-11 (d) The commission by rule shall provide for the
10-12 distribution of available funds based on a county's child
10-13 population and per capita income.
10-14 (e) The commission may modify the match amount required by
10-15 Subsection (c) if the modification is necessary to accomplish the
10-16 effective distribution of funds. If the commission modifies the
10-17 match formula, the modification shall apply to all applicants for
10-18 funds under this section.
10-19 (f) The commission may retain not more than two percent of
10-20 any funds appropriated for state grants under this section and may
10-21 use those funds only for the administration of the grant program at
10-22 the state level and for carrying out the duties prescribed by
10-23 Section 72.022.
10-24 (g) The value of an in-kind match of local resources made
10-25 under Subsection (c)(2) is equal to the fair market value of the
11-1 resources received, except that personal services may not be valued
11-2 for any purpose in an amount that exceeds $12 an hour.
11-3 Sec. 72.052. COMMUNITY ASSISTANCE GRANTS. (a) The
11-4 commission by rule shall provide a procedure by which it may make a
11-5 small assistance grant to a local community on its certification to
11-6 provide an incentive to establish a local child and family
11-7 commission and support its initial operation.
11-8 (b) If funds are available, the commission may provide an
11-9 assistance grant to a local community on certification of a local
11-10 child and family commission. A grant under this subsection:
11-11 (1) must be in proportion to the child population of
11-12 the county, not to exceed $50,000 in a large urban area;
11-13 (2) must be matched by local resources, in cash or in
11-14 kind, equal to at least one-half of the amount of the assistance
11-15 grant; and
11-16 (3) may not be for a period greater than one year.
11-17 (c) The value of an in-kind match of local resources made
11-18 under Subsection (b)(2) is equal to the fair market value of the
11-19 resources received, except that personal services may not be valued
11-20 for any purpose in an amount that exceeds $12 an hour.
11-21 Sec. 72.053. COOPERATION WITH STATE AGENCIES; PERSONNEL.
11-22 (a) A local child and family commission shall cooperate with the
11-23 commission in setting performance standards and evaluating results
11-24 for child and family programs for which the local commission and
11-25 the commission have responsibilities.
12-1 (b) The commission shall assist local child and family
12-2 commissions in obtaining state employees to work under local
12-3 supervision while engaged in programs serving children and
12-4 families.
12-5 (c) A state agency must receive approval for a new program
12-6 in the health and human services area in a community that has a
12-7 local child and family commission.
12-8 (Sections 72.054-72.070 reserved for expansion
12-9 SUBCHAPTER E. MISCELLANEOUS PROVISIONS
12-10 Sec. 72.071. COLLABORATION AGREEMENTS. (a) State and local
12-11 agencies that serve children and families, including local child
12-12 and family commissions established under Subchapter C, may enter
12-13 into collaboration agreements to accomplish the purposes prescribed
12-14 by Section 72.001.
12-15 (b) A collaboration agreement may involve education,
12-16 vocational rehabilitation, health, mental health, employment and
12-17 training, child welfare, social services, juvenile justice, and
12-18 other services or programs designated by the commission.
12-19 Sec. 72.072. FUNDS. All funds received by the commission
12-20 under this chapter are subject to Subchapter F, Chapter 404,
12-21 Government Code.
12-22 SECTION 2. Chapter 32, Health and Safety Code, is amended by
12-23 adding Section 32.022 to read as follows:
12-24 Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM. (a)
12-25 The department shall establish a program to promote public
13-1 awareness of the importance of prenatal care.
13-2 (b) The public awareness program shall:
13-3 (1) focus on the benefits of early and ongoing
13-4 prenatal care, including the reduction of low birth weights and
13-5 infant mortality; and
13-6 (2) target low-income areas of the state.
13-7 (c) The public awareness program shall not provide
13-8 counseling or referral regarding abortion or abortion services.
13-9 (d) To conduct the public awareness program required by this
13-10 section, the department shall utilize, among other resources, the
13-11 network of local coalitions developed by the department to promote
13-12 its immunization public awareness program.
13-13 SECTION 3. (a) In accordance with Section 72.022, Human
13-14 Resources Code, as added by this Act, the commissioner of health
13-15 and human services, in collaboration with the agencies listed in
13-16 Section 72.022(a), Human Resources Code, shall coordinate the
13-17 program services, eligibility requirements, funding, enrollment
13-18 periods, fees, and administrative functions of the following
13-19 programs by no later than December 1, 1997:
13-20 (1) the child care programs of the Texas Department of
13-21 Human Services;
13-22 (2) the prekindergarten programs of the Central
13-23 Education Agency; and
13-24 (3) the federal Head Start programs.
13-25 (b) The commissioner of health and human services shall
14-1 report the results of the initiative prescribed by this Act to
14-2 coordinate the delivery of services to children and families to the
14-3 legislature on or before December 1, 1997.
14-4 SECTION 4. (a) The Texas Department of Health shall develop
14-5 a plan to increase accessibility of dental services for children
14-6 that targets children who are eligible for but are not receiving
14-7 medical assistance. In developing the plan, the department shall:
14-8 (1) explore the extent of services needed to reach all
14-9 eligible children;
14-10 (2) determine the most appropriate age to target
14-11 children for preventive services;
14-12 (3) determine how to better use preventive care;
14-13 (4) examine the expansion of school-based services for
14-14 early diagnostic screening;
14-15 (5) consider the need for dental equipment, including
14-16 mobile units, portable equipment, and computer equipment;
14-17 (6) consider involving private practitioners by
14-18 exploring the following possibilities:
14-19 (A) increasing compensation for services;
14-20 (B) forgiving school loans for participating
14-21 dentists;
14-22 (C) requiring 40 hours a year of mandatory
14-23 services for children in the early and periodic screening,
14-24 diagnosis, and treatment program or for other children eligible for
14-25 state services; and
15-1 (D) creating a formal structure to bring
15-2 dentists into schools;
15-3 (7) investigate alternative methods to educate parents
15-4 about the causes and prevention of baby bottle tooth decay; and
15-5 (8) consider requiring fluoridation of all major water
15-6 supplies.
15-7 (b) Using existing departmental resources, the department
15-8 shall prepare the plan required by this section and the projected
15-9 budget for that plan not later than September 1, 1996. The Texas
15-10 Board of Health may appoint a special task force to help the
15-11 department in preparing this plan. The department shall present
15-12 the plan and budget to the 75th Legislature not later than
15-13 February 1, 1997.
15-14 (c) This section expires June 1, 1997.
15-15 SECTION 5. (a) The Texas Department of Mental Health and
15-16 Mental Retardation shall develop a plan for providing services to
15-17 children with severe mental or emotional disorders who require
15-18 residential treatment. The plan must provide:
15-19 (1) that residential treatment and related services
15-20 for children be provided regionally;
15-21 (2) for a child who has a functional family to remain
15-22 in parental custody while receiving treatment or related services;
15-23 (3) for coordination of state mental health facilities
15-24 and community service providers;
15-25 (4) specific legislative recommendations for statutory
16-1 authority to pool funds used by various state agencies to provide
16-2 residential treatment and related services to children;
16-3 (5) to the extent practicable, that funds available
16-4 under Title IV-E, federal Social Security Act (42 U.S.C. Section
16-5 670 et seq.), pay for services for those children who are
16-6 Medicaid-eligible and in need of residential treatment; and
16-7 (6) that third-party payor financial resources are
16-8 exhausted before state money is used.
16-9 (b) In developing the plan, the Texas Department of Mental
16-10 Health and Mental Retardation shall consider whether to include in
16-11 the plan provisions:
16-12 (1) to establish and employ indicators to identify
16-13 children with mental or emotional disorders who would be better
16-14 served outside of the home;
16-15 (2) to use community mental health centers or
16-16 community resources to review children's cases individually;
16-17 (3) to create therapeutic group homes in communities;
16-18 and
16-19 (4) for payment of services on a sliding scale.
16-20 (c) The Texas Department of Mental Health and Mental
16-21 Retardation shall complete the plan, together with an estimated
16-22 budget and recommendations for statutory changes necessary or
16-23 convenient to implement the plan, not later than January 15, 1997.
16-24 On completion, the department shall submit the plan to the governor
16-25 and the legislature.
17-1 (d) This section expires June 1, 1997.
17-2 SECTION 6. (a) The comptroller shall establish a pilot
17-3 project to determine the effectiveness of using investment
17-4 budgeting to measure the cost-effectiveness of certain children's
17-5 prevention services.
17-6 (b) As part of the investment budgeting process, the
17-7 comptroller shall:
17-8 (1) establish clear visions and goals and measurable
17-9 outcomes that clarify those visions and goals;
17-10 (2) establish and estimate the value of the outcomes
17-11 the comptroller wants to achieve;
17-12 (3) estimate the unit cost of achieving those
17-13 outcomes; and
17-14 (4) compute the anticipated return on investing in
17-15 programs to achieve those outcomes.
17-16 (c) The comptroller shall consider including the children's
17-17 immunization programs in determining which children's prevention
17-18 services will be examined in the pilot project.
17-19 (d) Not later than January 15, 1997, the comptroller shall
17-20 submit to the governor and the 75th Legislature a report concerning
17-21 the effectiveness of the pilot project.
17-22 (e) This section expires September 1, 1997.
17-23 SECTION 7. The Texas Department of Health shall establish
17-24 the prenatal care public awareness program required by Section
17-25 32.022, Health and Safety Code, as added by this Act, not later
18-1 than January 1, 1996.
18-2 SECTION 8. This Act takes effect September 1, 1995.
18-3 SECTION 9. The importance of this legislation and the
18-4 crowded condition of the calendars in both houses create an
18-5 emergency and an imperative public necessity that the
18-6 constitutional rule requiring bills to be read on three several
18-7 days in each house be suspended, and this rule is hereby suspended.