1-1 By: McDonald, Coleman, et al. H.B. No. 1409
1-2 (Senate Sponsor - Turner)
1-3 (In the Senate - Received from the House March 29, 1995;
1-4 March 29, 1995, read first time and referred to Committee on
1-5 Criminal Justice; April 5, 1995, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-7 April 5, 1995, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 1409 By: Turner
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to children and family issues, including health and human
1-12 services issues.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subtitle B, Title 3, Human Resources Code, is
1-15 amended by adding Chapter 72 to read as follows:
1-16 CHAPTER 72. LOCAL AND STATE COORDINATION OF DELIVERY OF
1-17 SERVICES TO CHILDREN AND FAMILIES
1-18 SUBCHAPTER A. GENERAL PROVISIONS
1-19 Sec. 72.001. PURPOSE. The purpose of this chapter is to
1-20 improve child and family services by encouraging local solutions,
1-21 building partnerships between the state and local communities, and
1-22 eliminating regulatory barriers which prevent public, private, and
1-23 non-profit programs from working together. By improving child and
1-24 family services, the Legislature hopes to increase the likelihood
1-25 that Texas children will:
1-26 (1) live in stable, nurturing, and supportive
1-27 families;
1-28 (2) be mentally and physically healthy;
1-29 (3) enter school able to learn to their fullest
1-30 potential and be able to succeed in school; and
1-31 (4) develop into productive, law-abiding citizens.
1-32 Sec. 72.002. DEFINITIONS. In this chapter:
1-33 (1) "Board" means the Legislative Health and Human
1-34 Services Board created under Chapter 330, Government Code.
1-35 (2) "Child" means a person younger than 19 years of
1-36 age.
1-37 (3) "Commission" means the Health and Human Services
1-38 Commission.
1-39 (4) "Commissioner" means the commissioner of health
1-40 and human services.
1-41 (Sections 72.003-72.020 reserved for expansion
1-42 SUBCHAPTER B. STATE PARTICIPATION IN PARTNERSHIP
1-43 FOR SERVICES TO CHILDREN AND FAMILIES
1-44 Sec. 72.021. DESIGNATED STATE AGENCY. (a) The Health and
1-45 Human Services Commission is the state agency responsible for
1-46 providing leadership to ensure that the purposes of this chapter
1-47 are realized.
1-48 (b) The commission may require health and human service,
1-49 education, and juvenile justice agencies listed under Section
1-50 72.022(a) to provide staff and other administrative support as
1-51 necessary to assist the commission in discharging its
1-52 responsibilities under this section.
1-53 Sec. 72.022. RESPONSIBILITIES OF STATE AGENCIES. (a) In
1-54 conjunction with the commissioner of health and human services, the
1-55 executive director, commissioner, or other executive head, as
1-56 appropriate, of the following state agencies shall ensure that the
1-57 agency cooperates with the commissioner to accomplish the
1-58 objectives of this chapter except when those objectives conflict
1-59 with rules adopted by the elected or appointed board of the agency:
1-60 (1) Central Education Agency;
1-61 (2) Health and Human Services Commission;
1-62 (3) Department of Protective and Regulatory Services;
1-63 (4) Interagency Council on Early Childhood
1-64 Intervention Services;
1-65 (5) Texas Commission on Alcohol and Drug Abuse;
1-66 (6) Texas Commission for the Blind;
1-67 (7) Texas Department of Health;
1-68 (8) Texas Department of Human Services;
2-1 (9) Texas Department of Mental Health and Mental
2-2 Retardation;
2-3 (10) Texas Juvenile Probation Commission;
2-4 (11) Texas Youth Commission;
2-5 (12) Texas Employment Commission; and
2-6 (13) Children's Trust Fund of Texas Council.
2-7 (b) The executive director, commissioner, or other executive
2-8 head of an agency shall designate an employee of the agency to
2-9 represent the agency, under the direction of the executive head,
2-10 and assist the agency in carrying out the objectives of Subsection
2-11 (f).
2-12 (c) The commissioner of health and human services and the
2-13 commissioner of education shall regularly meet with the agency
2-14 representatives to determine the progress made toward accomplishing
2-15 the goals of Subsection (f).
2-16 (d) The representatives of the agencies shall meet at the
2-17 call of the commissioner of health and human services.
2-18 (e) Each agency is responsible for the expenses of that
2-19 agency's representative. An agency representative does not receive
2-20 any additional compensation for representing the agency or for
2-21 carrying out other duties under this chapter.
2-22 (f) The agencies shall collaborate under the direction of
2-23 the commissioner to accomplish the following objectives:
2-24 (1) establishing a system for encouraging and
2-25 supporting the development of local child and family commissions
2-26 throughout the state by, among other means, eliminating
2-27 administrative or regulatory barriers and providing sufficient
2-28 technical assistance to those commissions;
2-29 (2) developing a blueprint for children that
2-30 establishes goals for children, including short-range and
2-31 long-range strategies addressing education, health and human
2-32 services, and juvenile justice issues, and that accomplishes the
2-33 purposes prescribed by Section 72.001;
2-34 (3) defining common, uniform, cross-agency outcome
2-35 measures and a system of evaluation to measure the effects of state
2-36 agency programs for children and families;
2-37 (4) initiating strategies for refinancing children's
2-38 services administered by state agencies to ensure the most
2-39 effective use of federal, state, and local funds;
2-40 (5) submitting a quarterly report to the board on
2-41 progress in meeting the objectives of this subsection; and
2-42 (6) promptly responding, in consultation with the
2-43 board, to other relevant issues which may arise.
2-44 (g) The executive director, commissioner, or other executive
2-45 head of each agency shall ensure that the strategic plan, budget,
2-46 and performance measures of the agency reflect the joint
2-47 responsibilities listed in Subsection (f).
2-48 (h) The commissioner may solicit the participation of other
2-49 agencies involved in child and family issues, including
2-50 institutions of higher education, to accomplish the purposes of
2-51 this section.
2-52 (Sections 72.023-72.030 reserved for expansion
2-53 SUBCHAPTER C. LOCAL CHILD AND FAMILY COMMISSIONS
2-54 Sec. 72.031. DEFINITION. In this subchapter, "local
2-55 commission" means a local child and family commission certified by
2-56 the commission under this subchapter.
2-57 Sec. 72.032. CERTIFICATION OF LOCAL COMMISSIONS. (a) The
2-58 commission may annually solicit applications for new local
2-59 commissions from counties which have not established a local
2-60 commission. A commissioners court of a county, governing body of a
2-61 municipality, council of governments, regional planning body or
2-62 similar entity, charitable organization that solicits contributions
2-63 for health and human services, or an existing child and family
2-64 commission that meets the requirements of Section 72.033 may submit
2-65 a proposal for a local commission. The commission may accept only
2-66 one proposal from each county.
2-67 (b) A proposal submitted under this section must:
2-68 (1) demonstrate that the proposal is a collaborative
2-69 initiative among entities contributing significant funding for
2-70 child and family services within the county;
3-1 (2) demonstrate that the applicant has consulted with
3-2 local governments and other public entities, nonprofit
3-3 organizations, voluntary associations, representatives of
3-4 low-income persons, and other groups involved in providing health
3-5 and human services or funding for those services about the needs of
3-6 the community and how to meet those needs; and
3-7 (3) identify the proposed membership of the local
3-8 commission.
3-9 (c) The commission shall adopt rules for providing technical
3-10 support to the local commissions, assisting them in eliminating
3-11 administrative and regulatory barriers, and certifying and
3-12 monitoring the operation of local commissions.
3-13 (d) A local commission may serve one or more counties, but a
3-14 county may not be served by more than one local commission.
3-15 (e) Subject to available funding, the Health and Human
3-16 Services Commission shall certify a local commission after
3-17 receiving a proposal which conforms to the rules adopted by the
3-18 commission. A local commission is established upon certification
3-19 by the Health and Human Services Commission.
3-20 Sec. 72.033. MEMBERSHIP OF LOCAL COMMISSIONS. (a) A local
3-21 commission must include:
3-22 (1) a member of the governing body of the most
3-23 populous municipality located in the county and a member of the
3-24 governing body of one other municipality located in the county;
3-25 (2) a member of the commissioners court of the county;
3-26 (3) a superintendent or elected school board member
3-27 from any participating public school district in the county;
3-28 (4) a member of the juvenile board which serves the
3-29 county or chief juvenile probation officer within the county;
3-30 (5) not fewer than two parents who are current or
3-31 former recipients of child and family services;
3-32 (6) representatives from business, religious, civic,
3-33 and community-based organizations;
3-34 (7) a representative of a charitable organization that
3-35 solicits contributions for health and human services;
3-36 (8) the executive director of the local mental health
3-37 authority or the executive director's designee;
3-38 (9) the regional administrator of the Texas Department
3-39 of Health or the regional administrator's designee;
3-40 (10) a child protective services administrator or
3-41 designee;
3-42 (11) a representative of the Head Start grantee if
3-43 there is such a grantee in the county;
3-44 (12) the local coordinator for the Department of Human
3-45 Services Child Care Management Service or designee; and
3-46 (13) a member of any other entity that submits the
3-47 proposal for a local commission under Section 72.032(a).
3-48 (b) A local commission may appoint such advisory committees
3-49 as necessary to satisfy requirements for federal funds, to qualify
3-50 representation in the event a local commission is established by
3-51 two or more counties, or to serve specific neighborhoods or
3-52 communities.
3-53 (c) An applicant for certification under Section 72.032
3-54 shall attempt to ensure participation on the local commission by
3-55 women and minorities, including African Americans, Hispanic
3-56 Americans, native Americans, and Asian Americans.
3-57 Sec. 72.034. ADMINISTRATION OF LOCAL COMMISSIONS. (a) The
3-58 members of a local commission serve staggered two-year terms with
3-59 as near as possible to half of the members' terms expiring
3-60 February 1 of each year. The members shall draw lots at the first
3-61 commission meeting to determine the length of each member's initial
3-62 term and the year when each member's term expires. The members
3-63 shall choose new members by vote before the outgoing members leave
3-64 office. At all times the membership of a local commission shall be
3-65 as designated in Section 72.033.
3-66 (b) Members of a local commission serve without
3-67 compensation, but a member may be reimbursed for actual expenses
3-68 incurred in the performance of the member's official duties.
3-69 Expenses under this subsection must be reported in the local
3-70 commission's records and must be approved by the commission.
4-1 Sec. 72.035. POWERS, DUTIES, AND RESPONSIBILITIES OF LOCAL
4-2 COMMISSIONS. (a) A local commission shall:
4-3 (1) facilitate and reward collaboration between child
4-4 and family service providers;
4-5 (2) assess the need for child and family services and
4-6 available resources in the community served by the local
4-7 commission;
4-8 (3) monitor the effectiveness and efficiency with
4-9 which public and private organizations that received public money
4-10 deliver child and family services;
4-11 (4) develop and submit to the commission local
4-12 strategic plans for services for children and families that are
4-13 related to the purposes of this chapter listed under Section
4-14 72.001, including local budgetary priorities and proposals for
4-15 alternative delivery systems;
4-16 (5) mobilize public, business, and voluntary agency
4-17 partnerships and promote the use of individual volunteers;
4-18 (6) foster the development of new services to meet
4-19 family needs more effectively, including services aimed at
4-20 preventing child abuse, poverty, malnutrition, failure in school,
4-21 juvenile delinquency, and other social ills;
4-22 (7) ensure fiscal efficiency by maximizing the use of
4-23 local, state, and federal funds, as appropriate; and
4-24 (8) measure program effectiveness and ensure fiscal
4-25 accountability in the delivery of child and family services.
4-26 (b) A local commission has all of the powers necessary for
4-27 the effective operation of the local commission, including the
4-28 power to:
4-29 (1) contract for assistance in administration or
4-30 management of the commission and for services to administer its
4-31 funds;
4-32 (2) pay all operating expenses by warrants drawn on
4-33 funds available for that purpose; and
4-34 (3) accept gifts and grants from any source to finance
4-35 its programs and facilities.
4-36 Sec. 72.036. LOCAL GRANTS; NOTICE. (a) A municipality,
4-37 county, or political subdivision may provide a grant to a local
4-38 commission to achieve the purposes of this chapter.
4-39 (b) A local commission shall allow adequate notice and
4-40 opportunity for public comment, including comments from the
4-41 entities listed in Section 72.032(b)(1), before contracting for
4-42 services.
4-43 Sec. 72.037. ANNUAL AUDIT. (a) A local commission shall
4-44 contract with an independent auditor for an annual financial audit.
4-45 (b) The state auditor shall, with the advice of the
4-46 commission, develop standardized forms and schedules for a local
4-47 commission to use in conducting an annual financial audit. A local
4-48 commission shall use the forms and schedules developed by the state
4-49 auditor for its annual financial audit.
4-50 Sec. 72.038. LIMITATION OF LIABILITY. (a) A local
4-51 commission is a governmental unit for purposes of Chapter 101,
4-52 Civil Practice and Remedies Code.
4-53 (b) A member of a local commission is not liable for civil
4-54 damages for any act performed in good faith in the execution of
4-55 duties as a commission member or for an action taken by the
4-56 commission.
4-57 (Sections 72.039-72.050 reserved for expansion
4-58 SUBCHAPTER D. STATE GRANTS AND STATE AGENCY COOPERATION
4-59 Sec. 72.051. FUNDS AVAILABILITY. (a) In conjunction with
4-60 the agencies listed under Section 72.022(a) and with the consent of
4-61 the Legislative Budget Board, the commission shall develop a budget
4-62 mechanism to combine state and federal funds to provide grants to
4-63 local child and family commissions established under Subchapter C.
4-64 (b) The Legislative Budget Board, at the request of the
4-65 commission, may transfer appropriations from state child-serving
4-66 agencies to the commission in accordance with Subsection (a)(1).
4-67 (c) The commission shall promulgate rules for the
4-68 distribution of grant funds that may be appropriated by the
4-69 legislature for local child and family commissions. Funds
4-70 appropriated for local commissions may be used for grants under
5-1 this Section or for grants under Section 72.052.
5-2 (d) A grant to a local child and family commission made
5-3 under this section must:
5-4 (1) be distributed locally for services that promote
5-5 the social, emotional, or physical well-being of children and
5-6 promote family support; and
5-7 (2) be matched by local resources, in cash or in kind,
5-8 equal to at least one-quarter of the grant amount, except as
5-9 provided by Subsection (e).
5-10 (e) The commission by rule shall provide for the
5-11 distribution of available funds based on a county's child
5-12 population and per capita income.
5-13 (f) The commission may modify the match amount required by
5-14 Subsection (c) if the modification is necessary to accomplish the
5-15 effective distribution of funds. If the commission modifies the
5-16 match formula, the modification shall apply to all applicants for
5-17 funds under this section.
5-18 (g) The commission may retain not more than two percent of
5-19 any funds appropriated for state grants under this section and may
5-20 use those funds only for the administration of the grant program at
5-21 the state level and for carrying out the duties prescribed by
5-22 Section 72.022.
5-23 (h) The value of an in-kind match of local resources made
5-24 under Subsection (c)(2) is equal to the fair market value of the
5-25 resources received.
5-26 Sec. 72.052. COMMUNITY ASSISTANCE GRANTS. (a) The
5-27 commission by rule may provide a procedure by which it may make a
5-28 one-time assistance grant to a local community on its certification
5-29 to provide an incentive to establish a local child and family
5-30 commission and support its initial operation.
5-31 (b) If funds are available, the commission may provide an
5-32 assistance grant to a local community on certification of a local
5-33 child and family commission. A grant under this subsection:
5-34 (1) must be in proportion to the child population of
5-35 the county, not to exceed $50,000 in a large urban area; and
5-36 (2) must be matched by local resources, in cash or in
5-37 kind, equal to at least one-half of the amount of the assistance
5-38 grant.
5-39 (c) The value of an in-kind match of local resources made
5-40 under Subsection (b)(2) is equal to the fair market value of the
5-41 resources received.
5-42 Sec. 72.053. COOPERATION WITH STATE AGENCIES; PERSONNEL.
5-43 (a) A local child and family commission shall cooperate with the
5-44 commission in setting performance standards and evaluating results
5-45 for child and family programs for which the local commission and
5-46 the commission are responsible.
5-47 (b) The commission may assist local child and family
5-48 commissions in coordinating the efforts of state employees involved
5-49 in child and family programs developed by local commissions.
5-50 (Sections 72.054-72.070 reserved for expansion
5-51 SUBCHAPTER E. MISCELLANEOUS PROVISIONS
5-52 Sec. 72.071. COLLABORATION AGREEMENTS. (a) State and local
5-53 agencies that serve children and families, including local child
5-54 and family commissions established under Subchapter C, may enter
5-55 into collaboration agreements to accomplish the purposes prescribed
5-56 by Section 72.001.
5-57 (b) A collaboration agreement may involve education,
5-58 vocational rehabilitation, health, mental health, employment and
5-59 training, child welfare, social services, juvenile justice, and
5-60 other services or programs designated by the commission.
5-61 Sec. 72.072. FUNDS. All funds received by the commission
5-62 under this chapter are subject to Subchapter F, Chapter 404,
5-63 Government Code.
5-64 SECTION 2. Chapter 32, Health and Safety Code, is amended by
5-65 adding Section 32.022 to read as follows:
5-66 Sec. 32.022. PRENATAL CARE PUBLIC AWARENESS PROGRAM.
5-67 (a) The department shall establish a program to promote public
5-68 awareness of the importance of prenatal care.
5-69 (b) The public awareness program shall:
5-70 (1) focus on the benefits of early and ongoing
6-1 prenatal care, including the reduction of low birth weights and
6-2 infant mortality; and
6-3 (2) target low-income areas of the state.
6-4 (c) The public awareness program shall not provide
6-5 counseling or referral regarding abortion or abortion services.
6-6 (d) To conduct the public awareness program required by this
6-7 section, the department shall utilize, among other resources, the
6-8 network of local coalitions developed by the department to promote
6-9 its immunization public awareness program.
6-10 SECTION 3. (a) The commissioner of health and human
6-11 services, in collaboration with the state agencies listed in this
6-12 section and the Regional Administration for Children and Families
6-13 Head Start Bureau shall coordinate the program services,
6-14 eligibility requirements, funding, enrollment periods, fees, and
6-15 administrative functions of the following programs by no later than
6-16 December 1, 1996:
6-17 (1) the child care programs of the Texas Department of
6-18 Human Services;
6-19 (2) the prekindergarten programs of the Central
6-20 Education Agency; and
6-21 (3) the federal Head Start programs.
6-22 (b) The commissioner of health and human services shall
6-23 report the results of the initiative prescribed by this Act to
6-24 coordinate the delivery of services to children and families to the
6-25 legislature on or before December 1, 1996.
6-26 SECTION 4. (a) The Texas Department of Health shall develop
6-27 a plan to increase accessibility of dental services for children
6-28 that targets children who are eligible for but are not receiving
6-29 medical assistance. In developing the plan, the department shall:
6-30 (1) explore the extent of services needed to reach all
6-31 eligible children;
6-32 (2) determine the most appropriate age to target
6-33 children for preventive services;
6-34 (3) determine how to better use preventive care;
6-35 (4) examine the expansion of school-based services for
6-36 early diagnostic screening;
6-37 (5) consider the need for dental equipment, including
6-38 mobile units, portable equipment, and computer equipment;
6-39 (6) consider involving private practitioners by
6-40 exploring the following possibilities:
6-41 (A) increasing compensation for services;
6-42 (B) forgiving school loans for participating
6-43 dentists;
6-44 (C) requiring 40 hours a year of mandatory
6-45 services for children in the early and periodic screening,
6-46 diagnosis, and treatment program or for other children eligible for
6-47 state services; and
6-48 (D) creating a formal structure to bring
6-49 dentists into schools;
6-50 (7) investigate alternative methods to educate parents
6-51 about the causes and prevention of baby bottle tooth decay; and
6-52 (8) consider requiring fluoridation of all major water
6-53 supplies.
6-54 (b) Using existing departmental resources, the department
6-55 shall prepare the plan required by this section and the projected
6-56 budget for that plan not later than September 1, 1996. The Texas
6-57 Board of Health may appoint a special task force to help the
6-58 department in preparing this plan. The department shall present
6-59 the plan and budget to the 75th Legislature.
6-60 (c) This section expires June 1, 1997.
6-61 SECTION 5. (a) The Texas Department of Mental Health and
6-62 Mental Retardation, Central Education Agency, and the Department of
6-63 Protective and Regulatory Services shall jointly develop a plan for
6-64 providing services to children with severe mental or emotional
6-65 disorders who require residential treatment. The plan must
6-66 provide:
6-67 (1) that residential treatment and related services
6-68 for children be provided regionally;
6-69 (2) for a child who has a functional family to remain
6-70 in parental custody while receiving treatment or related services;
7-1 (3) for coordination of state mental health facilities
7-2 and community service providers;
7-3 (4) specific legislative recommendations for statutory
7-4 authority to pool funds used by various state agencies to provide
7-5 residential treatment and related services to children;
7-6 (5) to the extent practicable, that funds available
7-7 under Title IV-E, federal Social Security Act (42 U.S.C. Section
7-8 670 et seq.), pay for services for those children who are
7-9 Medicaid-eligible and in need of residential treatment; and
7-10 (6) that third-party payor financial resources are
7-11 exhausted before state money is used.
7-12 (b) In developing the plan, the Texas Department of Mental
7-13 Health and Mental Retardation shall consider whether to include in
7-14 the plan provisions:
7-15 (1) to establish and employ indicators to identify
7-16 children with mental or emotional disorders who would be better
7-17 served outside of the home;
7-18 (2) to use community mental health centers or
7-19 community resource coordinating groups to review children's cases
7-20 individually;
7-21 (3) to create therapeutic group homes in communities;
7-22 and
7-23 (4) for payment of services on a sliding scale.
7-24 (c) The Texas Department of Mental Health and Mental
7-25 Retardation shall complete the plan, together with an estimated
7-26 budget and recommendations for statutory changes necessary or
7-27 convenient to implement the plan, not later than January 15, 1997.
7-28 On completion, the department shall submit the plan to the governor
7-29 and the legislature.
7-30 (d) This section expires June 1, 1997.
7-31 SECTION 6. (a) The comptroller shall establish a pilot
7-32 project to determine the effectiveness of using investment
7-33 budgeting to measure the cost-effectiveness of certain children's
7-34 prevention services.
7-35 (b) As part of the investment budgeting process, the
7-36 comptroller shall:
7-37 (1) establish clear visions and goals and measurable
7-38 outcomes that clarify those visions and goals;
7-39 (2) establish and estimate the value of the outcomes
7-40 the comptroller wants to achieve;
7-41 (3) estimate the unit cost of achieving those
7-42 outcomes; and
7-43 (4) compute the anticipated return on investing in
7-44 programs to achieve those outcomes.
7-45 (c) The comptroller shall consider including the children's
7-46 immunization programs in determining which children's prevention
7-47 services will be examined in the pilot project.
7-48 (d) Not later than January 15, 1997, the comptroller shall
7-49 submit to the governor and the 75th Legislature a report concerning
7-50 the effectiveness of the pilot project.
7-51 (e) This section expires September 1, 1997.
7-52 SECTION 7. The Texas Department of Health shall establish
7-53 the prenatal care public awareness program required by Section
7-54 32.022, Health and Safety Code, as added by this Act, not later
7-55 than January 1, 1996.
7-56 SECTION 8. This Act takes effect September 1, 1995.
7-57 SECTION 9. The importance of this legislation and the
7-58 crowded condition of the calendars in both houses create an
7-59 emergency and an imperative public necessity that the
7-60 constitutional rule requiring bills to be read on three several
7-61 days in each house be suspended, and this rule is hereby suspended.
7-62 * * * * *