74R8585 DAK-D
By McDonald, Coleman H.B. No. 1409
Substitute the following for H.B. No. 1409:
By Van de Putte C.S.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:
2-23 (1) Central Education Agency;
2-24 (2) Health and Human Services Commission;
2-25 (3) Department of Protective and Regulatory Services;
3-1 (4) Interagency Council on Early Childhood
3-2 Intervention Services;
3-3 (5) Texas Commission on Alcohol and Drug Abuse;
3-4 (6) Texas Commission for the Blind;
3-5 (7) Texas Department of Health;
3-6 (8) Texas Department of Human Services;
3-7 (9) Texas Department of Mental Health and Mental
3-8 Retardation;
3-9 (10) Texas Juvenile Probation Commission;
3-10 (11) Texas Youth Commission;
3-11 (12) Texas Employment Commission; and
3-12 (13) Children's Trust Fund of Texas Council.
3-13 (b) The executive director, commissioner, or other executive
3-14 head of an agency shall designate an employee of the agency to
3-15 represent the agency, under the direction of the executive head,
3-16 and assist the agency in carrying out the objectives of Subsection
3-17 (f).
3-18 (c) The commissioner of health and human services and the
3-19 commissioner of education shall regularly meet with the agency
3-20 representatives to determine the progress made toward realizing the
3-21 goals of Subsection (f).
3-22 (d) The representatives of the agencies shall meet at the
3-23 call of the commissioner.
3-24 (e) Each agency is responsible for the expenses of that
3-25 agency's representative. An agency representative does not receive
4-1 any additional compensation for representing the agency or for
4-2 carrying out other duties under this chapter.
4-3 (f) The agencies shall collaborate under the direction of
4-4 the commissioner to accomplish the following objectives:
4-5 (1) the establishment of a system to encourage and
4-6 support the development of local child and family commissions
4-7 throughout the state that includes the elimination of
4-8 administrative or regulatory barriers and the provision of adequate
4-9 technical assistance to those commissions;
4-10 (2) the development of a blueprint for children that
4-11 establishes goals for children, that includes short-range and
4-12 long-range strategies treating education, health and human
4-13 services, and juvenile justice issues, and that accomplishes the
4-14 purposes prescribed by Section 72.001;
4-15 (3) the definition of common, uniform, cross-agency
4-16 outcome measures and a system of evaluation to measure the effects
4-17 of agency programs for children and families;
4-18 (4) the initiation of strategies for refinancing
4-19 children's services administered by state agencies to ensure the
4-20 most effective use of federal, state, and local funds;
4-21 (5) the submission of a quarterly report to the board
4-22 on progress in meeting the objectives of this subsection; and
4-23 (6) the response to other issues considering the
4-24 recommendations of the board.
4-25 (g) The executive director, commissioner, or other executive
5-1 head of each agency shall ensure that the strategic plan, budget,
5-2 and performance measures of the agency reflect the joint
5-3 responsibilities listed in Subsection (f).
5-4 (h) The commissioner may solicit the participation of other
5-5 agencies involved in child and family issues, including
5-6 institutions of higher education, to accomplish the purposes of
5-7 this section.
5-8 (Sections 72.023-72.030 reserved for expansion
5-9 SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
5-10 Sec. 72.031. DEFINITION. In this subchapter, "local
5-11 commission" means a local child and family commission certified by
5-12 the commission under this subchapter.
5-13 Sec. 72.032. CERTIFICATION OF LOCAL COMMISSIONS. (a) The
5-14 commission shall annually solicit applications for new local
5-15 commissions. A commissioners court of a county, governing body of
5-16 a municipality, council of governments, regional planning body or
5-17 similar entity, or charitable organization that solicits
5-18 contributions for health and human services may submit a proposal
5-19 for a local commission. The commission may accept only one
5-20 proposal from each county.
5-21 (b) A proposal submitted under this section must:
5-22 (1) demonstrate that the applicant has consulted with
5-23 local governments and other public entities, nonprofit
5-24 organizations, voluntary associations, representatives of
5-25 low-income persons, and other groups involved in providing health
6-1 and human services or funding for those services about the needs of
6-2 the community and how to meet those needs; and
6-3 (2) identify the proposed membership of the local
6-4 commission.
6-5 (c) The commission shall adopt rules governing the
6-6 certification and operation of local commissions and the method of
6-7 selection of local commission members.
6-8 (d) A local commission may serve one or more counties, but a
6-9 county may not be served by more than one local commission.
6-10 (e) If the commission receives a proposal for a local
6-11 commission that conforms to commission rules, the commission shall
6-12 certify that local commission. A local commission is established
6-13 when it is certified by the commission.
6-14 (f) Certification by the commission under Subsection (e) is
6-15 subject to:
6-16 (1) an express appropriation for that purpose; or
6-17 (2) an appropriation funding the grant program under
6-18 Subchapter D.
6-19 Sec. 72.033. MEMBERSHIP OF LOCAL COMMISSIONS. (a) A local
6-20 commission must include:
6-21 (1) a member of the governing body of the most
6-22 populous municipality located in the county and a member of the
6-23 governing body of one other municipality located in the county;
6-24 (2) a member of the commissioners court of the county;
6-25 (3) a school superintendent from a school district in
7-1 the county;
7-2 (4) a representative chosen by the local juvenile
7-3 board;
7-4 (5) the executive director of the local mental health
7-5 authority or the executive director's designee;
7-6 (6) a child protective services administrator
7-7 designated by the regional office of the Department of Protective
7-8 and Regulatory Services;
7-9 (7) the regional administrator of the Texas Department
7-10 of Health or the regional administrator's designee;
7-11 (8) a representative of a charitable organization that
7-12 solicits contributions for health and human services;
7-13 (9) not fewer than two representatives of civic,
7-14 religious, or community-based organizations; and
7-15 (10) a person eligible for child and family services.
7-16 (b) Representatives of agencies or organizations that
7-17 provide services may not constitute a majority of the membership of
7-18 a local commission.
7-19 (c) An applicant for certification under Section 72.032
7-20 shall attempt to ensure participation on the local commission by
7-21 women and minorities, including African Americans, Hispanic
7-22 Americans, Native Americans, and Asian Americans.
7-23 (d) The commission by rule may:
7-24 (1) specify additional qualifications for members of
7-25 local commissions if necessary to qualify for federal funds; and
8-1 (2) modify the membership requirements for a local
8-2 commission established jointly by two or more counties.
8-3 Sec. 72.034. ADMINISTRATION OF LOCAL COMMISSIONS. (a) The
8-4 members of a local commission serve staggered two-year terms with
8-5 as near as possible to half of the members' terms expiring February
8-6 1 of each year. The members shall draw lots at the first
8-7 commission meeting to determine the length of each member's initial
8-8 term and the member's terms that expire each year. The members
8-9 shall choose new members by vote before the outgoing members leave
8-10 office.
8-11 (b) Members of a local commission serve without
8-12 compensation, but a member may be reimbursed for actual expenses
8-13 incurred in the performance of the member's official duties.
8-14 Expenses under this subsection must be reported in the local
8-15 commission's records and must be approved by the commission.
8-16 Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
8-17 COMMISSIONS. (a) A local commission shall:
8-18 (1) assess the need for child and family services and
8-19 available resources in the community served by the local
8-20 commission;
8-21 (2) monitor the effectiveness and efficiency with
8-22 which public and private organizations that receive public money
8-23 deliver child and family services;
8-24 (3) develop and submit to the commission local
8-25 strategic plans for services for children and families that are
9-1 related to the purposes of this chapter listed under Section
9-2 72.001, including local budgetary priorities and proposals for
9-3 alternative delivery systems;
9-4 (4) mobilize public, business, and voluntary agency
9-5 partnerships and promote the use of individual volunteers;
9-6 (5) foster the development of new services to meet
9-7 family needs more effectively, including services aimed at
9-8 preventing child abuse, poverty, malnutrition, failure in school,
9-9 juvenile delinquency, and other social ills;
9-10 (6) ensure fiscal efficiency by maximizing the use of
9-11 local, state, and federal funds, as appropriate; and
9-12 (7) ensure program effectiveness and fiscal
9-13 accountability in the delivery of child and family services.
9-14 (b) A local commission has all of the powers necessary for
9-15 the effective operation of the local commission, including the
9-16 power to:
9-17 (1) contract for assistance in administration or
9-18 management of the commission, and for services to administer its
9-19 funds;
9-20 (2) pay all operating expenses by warrants drawn on
9-21 funds available for that purpose; and
9-22 (3) accept gifts and grants from any source to finance
9-23 its programs and facilities.
9-24 Sec. 72.036. LOCAL GRANTS; NOTICE. (a) A municipality,
9-25 county, or political subdivision may provide a grant to a local
10-1 commission to achieve the purposes of this chapter.
10-2 (b) A local commission shall allow adequate notice and
10-3 opportunity for public comment, including comments from the
10-4 entities listed in Section 72.032(b)(1) before contracting for
10-5 services.
10-6 Sec. 72.037. ANNUAL AUDIT. (a) A local commission shall
10-7 contract with an independent auditor for an annual financial audit.
10-8 (b) The state auditor shall, with the advice of the
10-9 commission, develop standardized forms and schedules for a local
10-10 commission to use in conducting an annual financial audit. A local
10-11 commission shall use the forms and schedules developed by the state
10-12 auditor for its annual financial audit.
10-13 Sec. 72.038. LIMITATION OF LIABILITY. (a) A local
10-14 commission is a governmental unit for purposes of Chapter 101,
10-15 Civil Practice and Remedies Code.
10-16 (b) A member of a local commission is not liable for civil
10-17 damages for any act performed in good faith in the execution of
10-18 duties as a commission member or for an action taken by the
10-19 commission.
10-20 (Sections 72.039-72.050 reserved for expansion
10-21 SUBCHAPTER D. STATE GRANTS AND STATE AGENCY COOPERATION
10-22 Sec. 72.051. FUNDS AVAILABILITY. (a) In conjunction with
10-23 the agencies listed under Section 72.022(a) and the Legislative
10-24 Budget Board, the commission shall develop a budget mechanism to:
10-25 (1) combine state and federal funds to provide grants
11-1 to local child and family commissions established under Subchapter
11-2 C; and
11-3 (2) distribute grant funds that may be appropriated by
11-4 the legislature for local child and family commissions.
11-5 (b) The Legislative Budget Board, at the request of the
11-6 commission, may transfer appropriations from state child-serving
11-7 agencies to the commission in accordance with Subsection (a)(1).
11-8 (c) A grant to a local child and family commission made
11-9 under this section must:
11-10 (1) be distributed locally for services that promote
11-11 the social, emotional, or physical well-being of children and
11-12 promote family support; and
11-13 (2) be matched by local resources, in cash or in kind,
11-14 equal to at least one-quarter of the grant amount, except as
11-15 provided by Subsection (e).
11-16 (d) The commission by rule shall provide for the
11-17 distribution of available funds based on a county's child
11-18 population and per capita income.
11-19 (e) The commission may modify the match amount required by
11-20 Subsection (c) if the modification is necessary to accomplish the
11-21 effective distribution of funds. If the commission modifies the
11-22 match formula, the modification shall apply to all applicants for
11-23 funds under this section.
11-24 (f) The commission may retain not more than two percent of
11-25 any funds appropriated for state grants under this section and may
12-1 use those funds only for the administration of the grant program at
12-2 the state level and for carrying out the duties prescribed by
12-3 Section 72.022.
12-4 Sec. 72.052. COMMUNITY ASSISTANCE GRANTS. (a) The
12-5 commission by rule shall provide a procedure by which it may make a
12-6 small assistance grant to a local community on its certification to
12-7 provide an incentive to establish a local child and family
12-8 commission and support its initial operation.
12-9 (b) If funds are available, the commission may provide an
12-10 assistance grant to a local community on certification of a local
12-11 child and family commission. A grant under this subsection:
12-12 (1) must be in proportion to the child population of
12-13 the county, not to exceed $50,000 in a large urban area;
12-14 (2) must be matched by local resources, in cash or in
12-15 kind, equal to at least one-half of the amount of the assistance
12-16 grant; and
12-17 (3) may not be for a period greater than one year.
12-18 Sec. 72.053. COOPERATION WITH STATE AGENCIES; PERSONNEL.
12-19 (a) A local child and family commission shall cooperate with the
12-20 commission in setting performance standards and evaluating results
12-21 for child and family programs for which the local commission and
12-22 the commission have responsibilities.
12-23 (b) The commission shall assist local child and family
12-24 commissions in obtaining state employees to work under local
12-25 supervision while engaged in programs serving children and
13-1 families.
13-2 (c) A state agency must receive approval for a new program
13-3 in the health and human services area in a community that has a
13-4 local child and family commission.
13-5 (Sections 72.054-72.070 reserved for expansion
13-6 SUBCHAPTER E. MISCELLANEOUS PROVISIONS
13-7 Sec. 72.071. COLLABORATION AGREEMENTS. (a) State and local
13-8 agencies that serve children and families, including local child
13-9 and family commissions established under Subchapter C, may enter
13-10 into collaboration agreements to accomplish the purposes prescribed
13-11 by Section 72.001.
13-12 (b) A collaboration agreement may involve education,
13-13 vocational rehabilitation, health, mental health, employment and
13-14 training, child welfare, social services, juvenile justice, and
13-15 other services or programs designated by the commission.
13-16 Sec. 72.072. FUNDS. All funds received by the commission
13-17 under this chapter are subject to Subchapter F, Chapter 404,
13-18 Government Code.
13-19 SECTION 2. Chapter 32, Health and Safety Code, is amended by
13-20 adding Section 32.022 to read as follows:
13-21 Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM. (a)
13-22 The department shall establish a program to promote public
13-23 awareness of the importance of prenatal care.
13-24 (b) The public awareness program shall:
13-25 (1) focus on the benefits of early and ongoing
14-1 prenatal care, including the reduction of low birth weights and
14-2 infant mortality; and
14-3 (2) target low-income areas of the state.
14-4 (c) To conduct the public awareness program required by this
14-5 section, the department shall utilize, among other resources, the
14-6 network of local coalitions developed by the department to promote
14-7 its immunization public awareness program.
14-8 SECTION 3. (a) In accordance with Section 72.022, Human
14-9 Resources Code, as added by this Act, the commissioner of health
14-10 and human services, in collaboration with the agencies listed in
14-11 Section 72.022(a), Human Resources Code, shall coordinate the
14-12 program services, eligibility requirements, funding, enrollment
14-13 periods, fees, and administrative functions of the following
14-14 programs by no later than December 1, 1997:
14-15 (1) the child care programs of the Texas Department of
14-16 Human Services;
14-17 (2) the prekindergarten programs of the Central
14-18 Education Agency; and
14-19 (3) the federal Head Start programs.
14-20 (b) The commissioner of health and human services shall
14-21 report the results of the initiative prescribed by this Act to
14-22 coordinate the delivery of services to children and families to the
14-23 legislature on or before December 1, 1997.
14-24 SECTION 4. (a) The Texas Department of Health shall develop
14-25 a plan to increase accessibility of dental services for children
15-1 that targets children who are eligible for but are not receiving
15-2 medical assistance. In developing the plan, the department shall:
15-3 (1) explore the extent of services needed to reach all
15-4 eligible children;
15-5 (2) determine the most appropriate age to target
15-6 children for preventive services;
15-7 (3) determine how to better use preventive care;
15-8 (4) examine the expansion of school-based services for
15-9 early diagnostic screening;
15-10 (5) consider the need for dental equipment, including
15-11 mobile units, portable equipment, and computer equipment;
15-12 (6) consider involving private practitioners by
15-13 exploring the following possibilities:
15-14 (A) increasing compensation for services;
15-15 (B) forgiving school loans for participating
15-16 dentists;
15-17 (C) requiring 40 hours a year of mandatory
15-18 services for children in the early and periodic screening,
15-19 diagnosis, and treatment program or for other children eligible for
15-20 state services; and
15-21 (D) creating a formal structure to bring
15-22 dentists into schools;
15-23 (7) investigate alternative methods to educate parents
15-24 about the causes and prevention of baby bottle tooth decay; and
15-25 (8) consider requiring fluoridation of all major water
16-1 supplies.
16-2 (b) Using existing departmental resources, the department
16-3 shall prepare the plan required by this section and the projected
16-4 budget for that plan not later than September 1, 1996. The Texas
16-5 Board of Health may appoint a special task force to help the
16-6 department in preparing this plan. The department shall present
16-7 the plan and budget to the 75th Legislature not later than
16-8 February 1, 1997.
16-9 (c) This section expires June 1, 1997.
16-10 SECTION 5. (a) The Texas Department of Mental Health and
16-11 Mental Retardation shall develop a plan for providing services to
16-12 children with severe mental or emotional disorders who require
16-13 residential treatment. The plan must provide:
16-14 (1) that residential treatment and related services
16-15 for children be provided regionally;
16-16 (2) for a child who has a functional family to remain
16-17 in parental custody while receiving treatment or related services;
16-18 (3) for coordination of state mental health facilities
16-19 and community service providers;
16-20 (4) specific legislative recommendations for statutory
16-21 authority to pool funds used by various state agencies to provide
16-22 residential treatment and related services to children;
16-23 (5) to the extent practicable, that funds available
16-24 under Title IV-E, federal Social Security Act (42 U.S.C. Section
16-25 670 et seq.) pay for services for those children who are
17-1 Medicaid-eligible and in need of residential treatment; and
17-2 (6) that third-party payor financial resources are
17-3 exhausted before state money is used.
17-4 (b) In developing the plan, the Texas Department of Mental
17-5 Health and Mental Retardation shall consider whether to include in
17-6 the plan provisions:
17-7 (1) to establish and employ indicators to identify
17-8 children with mental or emotional disorders who would be better
17-9 served outside of the home;
17-10 (2) to use community mental health centers or
17-11 community resources to review children's cases individually;
17-12 (3) to create therapeutic group homes in communities;
17-13 and
17-14 (4) for payment of services on a sliding scale.
17-15 (c) The Texas Department of Mental Health and Mental
17-16 Retardation shall complete the plan, together with an estimated
17-17 budget and recommendations for statutory changes necessary or
17-18 convenient to implement the plan, not later than January 15, 1997.
17-19 On completion, the department shall submit the plan to the governor
17-20 and the legislature.
17-21 (d) This section expires June 1, 1997.
17-22 SECTION 6. (a) The comptroller shall establish a pilot
17-23 project to determine the effectiveness of using investment
17-24 budgeting to measure the cost-effectiveness of certain children's
17-25 prevention services.
18-1 (b) As part of the investment budgeting process, the
18-2 comptroller shall:
18-3 (1) establish clear visions and goals and measurable
18-4 outcomes that clarify those visions and goals;
18-5 (2) establish and estimate the value of the outcomes
18-6 the comptroller wants to achieve;
18-7 (3) estimate the unit cost of achieving those
18-8 outcomes; and
18-9 (4) compute the anticipated return on investing in
18-10 programs to achieve those outcomes.
18-11 (c) The comptroller shall consider including the children's
18-12 immunization programs in determining which children's prevention
18-13 services will be examined in the pilot project.
18-14 (d) Not later than January 15, 1997, the comptroller shall
18-15 submit to the governor and the 75th Legislature a report concerning
18-16 the effectiveness of the pilot project.
18-17 (e) This section expires September 1, 1997.
18-18 SECTION 7. The Texas Department of Health shall establish
18-19 the prenatal care public awareness program required by Section
18-20 32.022, Health and Safety Code, as added by this Act, not later
18-21 than January 1, 1996.
18-22 SECTION 8. This Act takes effect September 1, 1995.
18-23 SECTION 9. The importance of this legislation and the
18-24 crowded condition of the calendars in both houses create an
18-25 emergency and an imperative public necessity that the
19-1 constitutional rule requiring bills to be read on three several
19-2 days in each house be suspended, and this rule is hereby suspended.