H.B. No. 1662
1-1 AN ACT
1-2 relating to the powers and duties of the Department of Protective
1-3 and Regulatory Services; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Human Resources Code, is
1-6 amended by adding Chapter 40 to read as follows:
1-7 CHAPTER 40. DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 40.001. DEFINITIONS. In this subtitle:
1-10 (1) "Board" means the Board of Protective and
1-11 Regulatory Services.
1-12 (2) "Commission" means the Health and Human Services
1-13 Commission.
1-14 (3) "Department" means the Department of Protective
1-15 and Regulatory Services.
1-16 (4) "Executive director" means the executive director
1-17 of the Department of Protective and Regulatory Services.
1-18 Sec. 40.002. DEPARTMENT OF PROTECTIVE AND REGULATORY
1-19 SERVICES; RESPONSIBILITY. (a) The Department of Protective and
1-20 Regulatory Services is composed of the board, the executive
1-21 director, an administrative staff, and other officers and employees
1-22 necessary to efficiently carry out the purposes of this chapter.
1-23 (b) The department is the state agency with primary
1-24 responsibility for:
2-1 (1) providing protective services for children and
2-2 elderly and disabled persons, including investigations of alleged
2-3 abuse, neglect, or exploitation in facilities of the Texas
2-4 Department of Mental Health and Mental Retardation;
2-5 (2) providing family support and family preservation
2-6 services; and
2-7 (3) regulating child-care facilities and child-care
2-8 administrators.
2-9 (c) The department is the state agency designated to
2-10 cooperate with the federal government in the administration of
2-11 programs under:
2-12 (1) Parts B and E, Title IV, federal Social Security
2-13 Act (42 U.S.C. Sections 620 et seq. and 670 et seq.); and
2-14 (2) other federal law for which the department has
2-15 administrative responsibility.
2-16 (d) The department shall cooperate with the United States
2-17 Department of Health and Human Services and other federal and state
2-18 agencies in a reasonable manner and in conformity with the
2-19 provisions of federal law and this subtitle to the extent necessary
2-20 to qualify for federal assistance in the delivery of services.
2-21 (e) If the department determines that a provision of state
2-22 law governing the department conflicts with a provision of federal
2-23 law, the department may adopt policies and rules necessary to allow
2-24 the state to receive and spend federal matching funds to the
2-25 fullest extent possible in accordance with the federal statutes,
2-26 this subtitle, and the state constitution and within the limits of
2-27 appropriated funds.
3-1 Sec. 40.003. SUNSET PROVISION. The Department of Protective
3-2 and Regulatory Services is subject to Chapter 325, Government Code
3-3 (Texas Sunset Act). Unless continued in existence as provided by
3-4 that chapter, the department is abolished and this chapter expires
3-5 September 1, 1997.
3-6 Sec. 40.004. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
3-7 (a) The department shall develop and implement policies that
3-8 provide the public with a reasonable opportunity to appear before
3-9 the department and to speak on any issue under the jurisdiction of
3-10 the department.
3-11 (b) The department shall prepare information of public
3-12 interest describing the functions of the department and the
3-13 department's procedures by which complaints are filed with and
3-14 resolved by the department. The department shall make the
3-15 information available to the public and appropriate state agencies.
3-16 (c) The department by rule shall establish methods by which
3-17 the public, consumers, and service recipients can be notified of
3-18 the mailing addresses and telephone numbers of appropriate
3-19 departmental personnel for the purpose of directing complaints to
3-20 the department. The department may provide for that notification:
3-21 (1) on each registration form, application, or written
3-22 contract for services of a person regulated by the department;
3-23 (2) on a sign prominently displayed in the place of
3-24 business of each person regulated by the department; or
3-25 (3) in a bill for a service provided by a person
3-26 regulated by the department.
3-27 (d) The department shall keep an information file about each
4-1 complaint filed with the department relating to:
4-2 (1) a license holder or entity regulated by the
4-3 department; or
4-4 (2) a service delivered by the department.
4-5 (e) If a written complaint is filed with the department
4-6 relating to a license holder or entity regulated by the department
4-7 or a service delivered by the department, the department, at least
4-8 quarterly and until final disposition of the complaint, shall
4-9 notify the parties to the complaint of the status of the complaint
4-10 unless notice would jeopardize an undercover investigation.
4-11 Sec. 40.005. CONFIDENTIALITY OF INFORMATION. (a) The
4-12 department shall establish and enforce rules governing the custody,
4-13 use, and preservation of the department's records, papers, files,
4-14 and communications.
4-15 (b) The department shall prescribe safeguards to govern the
4-16 use or disclosure of information relating to a recipient of a
4-17 department service or to an investigation the department conducts
4-18 in performing its duties and responsibilities. The safeguards must
4-19 be consistent with the purposes of the department's programs and
4-20 must comply with applicable state and federal law and department
4-21 rules.
4-22 (c) Notwithstanding any other provision of law, the
4-23 department by rule may prescribe a process by which an
4-24 administrative law judge may disclose requested confidential
4-25 information that the department possesses. The rules must provide
4-26 that the information may be disclosed by the administrative law
4-27 judge only if the administrative law judge:
5-1 (1) provides notice to the department and any
5-2 interested party; and
5-3 (2) determines after an in camera review of the
5-4 information that disclosure is essential to the administration of
5-5 justice and will not endanger the life or safety of any individual.
5-6 (d) Except as otherwise provided, a person who is authorized
5-7 to receive confidential information shall maintain its
5-8 confidentiality and shall prevent disclosure of the information to
5-9 a person who is not authorized to receive the information.
5-10 (e) A person commits an offense if the person discloses
5-11 without authorization confidential information contained in the
5-12 department's records, papers, files, or communications. An offense
5-13 under this subsection is a Class A misdemeanor.
5-14 Sec. 40.006. APPLICATION OF OTHER LAWS. The department is
5-15 subject to Chapters 551, 2001, and 2002, Government Code.
5-16 (Sections 40.007-40.020 reserved for expansion
5-17 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
5-18 Sec. 40.021. BOARD OF PROTECTIVE AND REGULATORY SERVICES.
5-19 (a) The board is composed of six members appointed by the governor
5-20 with the advice and consent of the senate. The governor shall
5-21 annually designate one member to be the presiding officer.
5-22 (b) Four members of the board must have a demonstrated
5-23 interest in the services provided by the department, and two
5-24 members must represent the public.
5-25 (c) The board shall be appointed without regard to race,
5-26 color, disability, sex, religion, age, or national origin.
5-27 Sec. 40.022. RESTRICTIONS ON BOARD APPOINTMENT OR
6-1 MEMBERSHIP. (a) A person is not eligible for appointment as a
6-2 member of the board if the person or the person's spouse:
6-3 (1) is a person who is employed by or participates in
6-4 the management of a business entity or other organization regulated
6-5 by the department or receiving a substantial amount of money from
6-6 the department;
6-7 (2) owns or controls, directly or indirectly, more
6-8 than a 10 percent interest in a business entity or other
6-9 organization that is regulated by the department or that receives
6-10 money from the department;
6-11 (3) uses or receives a substantial amount of tangible
6-12 goods, services, or money from the department, other than
6-13 compensation or reimbursement authorized by law for expenses
6-14 incurred as a board member, or as a client or a parent or guardian
6-15 of a client receiving services from the department; or
6-16 (4) is an employee, officer, or paid consultant of a
6-17 trade association in a field under the jurisdiction of the
6-18 department.
6-19 (b) A person who is required to register as a lobbyist under
6-20 Chapter 305, Government Code, because of the person's activities
6-21 for compensation in or for a profession related to the operation of
6-22 the department may not serve as a member of the board.
6-23 Sec. 40.023. REMOVAL FROM BOARD. (a) It is a ground for
6-24 removal from the board if a member:
6-25 (1) does not have at the time of appointment a
6-26 qualification for appointment required by Section 40.021 or 40.022;
6-27 (2) does not maintain during the member's term a
7-1 qualification for appointment required by Section 40.021 or 40.022;
7-2 (3) violates a prohibition established by Section
7-3 40.022;
7-4 (4) is unable to discharge the member's duties for a
7-5 substantial part of the term for which the member was appointed
7-6 because of illness or disability; or
7-7 (5) is absent from more than half of the regularly
7-8 scheduled meetings of the board that the member is eligible to
7-9 attend during each calendar year or is absent from more than two
7-10 consecutive regularly scheduled meetings that the member is
7-11 eligible to attend, except when the absence is excused by a
7-12 majority vote of the board.
7-13 (b) The validity of an action of the board is not affected
7-14 by the fact that it is taken when a ground for removal of a board
7-15 member exists.
7-16 (c) If the presiding officer of the board has knowledge that
7-17 a potential ground for removal of a board member exists, the
7-18 presiding officer shall notify the governor and the executive
7-19 director. If the executive director has knowledge that a potential
7-20 ground for removal of a board member exists, the executive director
7-21 shall notify the presiding officer.
7-22 Sec. 40.024. BOARD TERMS. Members of the board serve
7-23 six-year terms, with the terms of two members expiring February 1
7-24 of each odd-numbered year.
7-25 Sec. 40.025. BOARD PER DIEM. While performing their duties,
7-26 board members are entitled to a per diem as prescribed by the
7-27 General Appropriations Act.
8-1 Sec. 40.026. BOARD MEETINGS; QUORUM. (a) The board shall
8-2 meet at least quarterly and at the call of the presiding officer.
8-3 (b) Four members of the board constitute a quorum.
8-4 Sec. 40.027. EXECUTIVE DIRECTOR. (a) The board shall
8-5 employ the executive director with the approval of the governor.
8-6 The executive director serves at the pleasure of the board.
8-7 (b) The executive director is the executive head of the
8-8 department. The executive director shall perform the duties
8-9 assigned by the board and state law.
8-10 Sec. 40.028. GENERAL DUTIES OF BOARD; DELEGATION. (a) The
8-11 board shall govern the department.
8-12 (b) The board shall:
8-13 (1) supervise the executive director's administration
8-14 and enforcement of the laws of this state that impose duties on the
8-15 department or board; and
8-16 (2) develop and implement policies that clearly
8-17 separate the respective responsibilities of the board and the staff
8-18 of the department.
8-19 (c) The board may delegate to the executive director, or to
8-20 the person acting as executive director in the executive director's
8-21 absence, any power or duty imposed on the board or department by
8-22 law, including the authority to make final orders or decisions,
8-23 except that the board may not delegate the power or duty to adopt
8-24 rules. The delegation of a power or duty must be in writing.
8-25 Sec. 40.029. RULES. The board shall propose and adopt rules
8-26 to:
8-27 (1) ensure the department's compliance with state and
9-1 federal law; and
9-2 (2) facilitate the implementation of departmental
9-3 programs.
9-4 Sec. 40.030. ADVISORY COMMITTEES. The board may appoint
9-5 advisory committees in accordance with Article 6252-33, Revised
9-6 Statutes.
9-7 Sec. 40.031. DIVISIONS OF DEPARTMENT. (a) The board may
9-8 establish divisions within the department as necessary for
9-9 efficient administration and for the discharge of the department's
9-10 functions.
9-11 (b) The board may allocate and reallocate functions,
9-12 programs, and activities among the department's divisions.
9-13 Sec. 40.032. PERSONNEL. (a) The executive director may
9-14 employ personnel necessary to administer the department's duties.
9-15 (b) The executive director or the executive director's
9-16 designated representative shall develop an intradepartmental career
9-17 ladder program, one part of which shall require the
9-18 intradepartmental posting of all non-entry-level positions
9-19 concurrently with any public posting.
9-20 (c) The executive director or the executive director's
9-21 designated representative shall develop a system of annual
9-22 performance evaluations based on measurable job tasks. All merit
9-23 pay for department employees must be based on the system
9-24 established under this subsection.
9-25 (d) The executive director shall provide to the department's
9-26 employees as often as is necessary information regarding their
9-27 qualifications under this chapter and their responsibilities under
10-1 applicable laws relating to standards of conduct for state
10-2 employees.
10-3 (e) The executive director or the executive director's
10-4 designated representative shall prepare and maintain a written
10-5 policy statement to ensure implementation of a program of equal
10-6 employment opportunity under which all personnel transactions are
10-7 made without regard to race, color, disability, sex, religion, age,
10-8 or national origin. The policy statement must include:
10-9 (1) personnel policies, including policies relating to
10-10 recruitment, evaluation, selection, appointment, training, and
10-11 promotion of personnel;
10-12 (2) a comprehensive analysis of the department's
10-13 workforce that meets federal and state guidelines;
10-14 (3) procedures by which a determination can be made of
10-15 significant underuse in the department's workforce of all persons
10-16 for whom federal or state guidelines encourage a more equitable
10-17 balance; and
10-18 (4) reasonable methods to appropriately address areas
10-19 of significant underuse in the department's workforce of all
10-20 persons for whom federal or state guidelines encourage a more
10-21 equitable balance.
10-22 (f) The policy statement required under Subsection (e) shall
10-23 be filed with the governor's office, cover an annual period, and be
10-24 updated at least annually. The governor's office shall develop a
10-25 biennial report to the legislature based on the information
10-26 submitted. The report may be made separately or as a part of other
10-27 biennial reports made to the legislature.
11-1 Sec. 40.033. MERIT SYSTEM. (a) The department may
11-2 establish a merit system for its employees.
11-3 (b) The merit system may be maintained in conjunction with
11-4 other state agencies that are required by federal law to operate
11-5 under a merit system.
11-6 Sec. 40.034. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
11-7 EMPLOYEES. (a) For one year after the date on which a former
11-8 officer or employee of the department terminates service or
11-9 employment with the department, the individual may not, directly or
11-10 indirectly, attempt or aid in the attempt to procure a contract
11-11 with the department that relates to a program or service in which
11-12 the individual was directly concerned or for which the individual
11-13 had administrative responsibility.
11-14 (b) This section does not apply to:
11-15 (1) a former employee who is compensated on the last
11-16 date of service or employment below the amount prescribed by the
11-17 General Appropriations Act for step 1, salary group 17, of the
11-18 position classification salary schedule, including a state employee
11-19 who is exempt from the state's position classification plan; or
11-20 (2) a former officer or employee who is employed by
11-21 another state agency or a community center.
11-22 (c) A former officer or employee of the department commits
11-23 an offense if the former officer or employee violates this section.
11-24 An offense under this section is a Class A misdemeanor.
11-25 (Sections 40.035-40.050 reserved for expansion
11-26 SUBCHAPTER C. GENERAL FUNCTIONS OF DEPARTMENT
11-27 Sec. 40.051. STRATEGIC PLAN FOR DEPARTMENT. The department
12-1 shall develop a departmental strategic plan based on the goals and
12-2 priorities stated in the commission's coordinated strategic plan
12-3 for health and human services.
12-4 Sec. 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
12-5 department shall:
12-6 (1) propose and implement service delivery standards
12-7 for departmental programs;
12-8 (2) provide training and technical assistance to
12-9 regional and local service providers;
12-10 (3) develop and implement systems for monitoring
12-11 departmental program performance and service delivery;
12-12 (4) promote innovative service delivery at the local
12-13 level; and
12-14 (5) cooperate and coordinate as appropriate with other
12-15 governmental entities in the delivery of services.
12-16 Sec. 40.053. DUTY TO PERFORM OTHER FUNCTIONS. The
12-17 department shall perform other functions as required by law.
12-18 Sec. 40.054. ACCESS TO CRIMINAL HISTORY. Subject to the
12-19 availability of funds appropriated by the legislature, the
12-20 department is entitled to obtain any criminal history information
12-21 from records maintained by:
12-22 (1) the Department of Public Safety, as prescribed by
12-23 Section 411.114, Government Code;
12-24 (2) another law enforcement agency in this state,
12-25 subject to the same procedures and limitations prescribed by
12-26 Section 411.114, Government Code, as applicable; or
12-27 (3) federal agencies, as provided by federal law.
13-1 Sec. 40.055. LEGISLATIVE APPROPRIATION REQUEST. The
13-2 department shall submit any legislative appropriation request to
13-3 the commission for comment and for incorporation into the
13-4 commission's consolidated health and human services budget
13-5 recommendation. The legislative appropriation request must comply
13-6 with state priorities and federal requirements.
13-7 Sec. 40.056. USE OF FUNDS. (a) Notwithstanding any other
13-8 provision of law, the department may extend the scope of its
13-9 programs to the extent necessary to ensure that federal matching
13-10 funds are available, if the department determines that the
13-11 extension of scope is feasible and within the limits of
13-12 appropriated funds.
13-13 (b) The department may accept, spend, and transfer federal
13-14 and state funds appropriated for programs authorized by federal
13-15 law. The department may accept, spend, and transfer funds received
13-16 from any source, including a county, municipality, or public or
13-17 private agency.
13-18 Sec. 40.057. GIFTS AND GRANTS. The department may accept a
13-19 gift or grant from a public or private source to perform any of the
13-20 department's powers or duties.
13-21 Sec. 40.058. CONTRACTS AND AGREEMENTS. (a) The department
13-22 may enter into contracts or agreements with any person, including a
13-23 federal, state, or other public or private agency, as necessary to
13-24 perform any of the department's powers or duties.
13-25 (b) An agreement made under this section is not subject to
13-26 Chapter 771, Government Code.
13-27 Sec. 40.059. FEES. The department may set and charge
14-1 appropriate fees in the administration and delivery of services.
14-2 Sec. 40.060. INDEMNIFICATION FOR LEGAL EXPENSES. If a
14-3 present or former employee of the department who is or was involved
14-4 in activities relating to the protection of children or elderly or
14-5 disabled persons is criminally prosecuted for conduct involving the
14-6 person's misfeasance or nonfeasance in the course and scope of the
14-7 person's employment and is found not guilty after a trial or appeal
14-8 or if the complaint or indictment is dismissed without a plea of
14-9 guilty or nolo contendere being entered, the department may
14-10 indemnify the person or the person's estate for the reasonable
14-11 attorney's fees incurred in defense of the prosecution up to a
14-12 maximum of $10,000.
14-13 Sec. 40.061. IMMUNITY. (a) A department employee or an
14-14 authorized department volunteer who performs a departmental duty or
14-15 responsibility is immune from civil or criminal liability for any
14-16 act or omission that relates to the duty or responsibility if the
14-17 person acted in good faith and within the scope of the person's
14-18 authority.
14-19 (b) In this section, "volunteer" means a person who:
14-20 (1) renders services for or on behalf of the
14-21 department under the supervision of a department employee; and
14-22 (2) does not receive compensation that exceeds the
14-23 authorized expenses the person incurs in rendering those services.
14-24 Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The
14-25 department is not required to pay any cost or fee otherwise imposed
14-26 for court proceedings, including a:
14-27 (1) filing fee or fee for issuance or service of
15-1 process imposed by Section 14.13, Family Code, or by Section
15-2 51.317, 51.318(b)(2), or 51.319, Government Code;
15-3 (2) transfer fee imposed by Section 11.06(l) or 14.13,
15-4 Family Code;
15-5 (3) court reporter fee imposed by Section 51.601,
15-6 Government Code;
15-7 (4) judicial fund fee imposed by Sections 51.701 and
15-8 51.702, Government Code;
15-9 (5) judge's fee imposed by Section 25.0008, 25.00263,
15-10 or 25.0029, Government Code; or
15-11 (6) cost or security fee imposed by Section 12 or 622,
15-12 Probate Code.
15-13 Sec. 40.063. EXCEPTIONS FROM CERTAIN PROVISIONS OF
15-14 ADMINISTRATIVE PROCEDURE ACT. Section 2001.038 and Subchapters C
15-15 through H, Chapter 2001, Government Code, do not apply to the
15-16 granting, payment, denial, or withdrawal of financial or medical
15-17 assistance or benefits under a service program of the department.
15-18 Sec. 40.064. INTERAGENCY COOPERATION AND EXCHANGE OF
15-19 INFORMATION. (a) The department may execute a memorandum of
15-20 understanding with another state agency to facilitate the
15-21 implementation of a program or the delivery of a service that the
15-22 department is required by law to implement or deliver.
15-23 (b) The department may establish procedures to exchange with
15-24 another state agency or governmental entity information that is
15-25 necessary for the department or the agency or entity to properly
15-26 execute its respective duties and responsibilities. An exchange of
15-27 information does not affect whether the information is subject to
16-1 disclosure under Chapter 552, Government Code.
16-2 Sec. 40.065. COMMUNICATIONS OFFICER; PLAN. (a) The
16-3 department shall designate one or more department employees to be
16-4 primarily responsible for communicating with the public regarding
16-5 the department's powers and duties. Through the use of designated
16-6 employees, the department shall ensure:
16-7 (1) effective communications between the department
16-8 and persons seeking to report abuse or neglect or inquiring about
16-9 the status of a case; and
16-10 (2) effective and timely response to questions from
16-11 the public within the department's confidentiality guidelines.
16-12 (b) The department shall develop and implement a
16-13 communication plan to ensure statewide public and government
16-14 awareness of child abuse or neglect investigated by the department.
16-15 The plan shall include information detailing the procedure followed
16-16 by the department during the investigation and the responsibilities
16-17 of the department in child abuse cases. In implementing the plan,
16-18 the department shall establish a process for expediting the
16-19 reporting of child abuse or neglect to the department. The
16-20 department shall adopt rules to implement this subsection.
16-21 SECTION 2. The heading of Title 2, Human Resources Code, is
16-22 amended to read as follows:
16-23 TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
16-24 PROTECTIVE AND REGULATORY SERVICES
16-25 SECTION 3. The heading of Subtitle B, Title 2, Human
16-26 Resources Code, is amended to read as follows:
16-27 SUBTITLE B. STRUCTURE AND FUNCTIONS
17-1 OF DEPARTMENT OF HUMAN SERVICES
17-2 SECTION 4. The headings of Chapters 21 and 22, Human
17-3 Resources Code, are amended to read as follows:
17-4 CHAPTER 21. ADMINISTRATIVE PROVISIONS FOR DEPARTMENT
17-5 OF HUMAN SERVICES
17-6 CHAPTER 22. GENERAL FUNCTIONS OF DEPARTMENT
17-7 OF HUMAN SERVICES
17-8 SECTION 5. Section 21.002, Human Resources Code, is amended
17-9 to read as follows:
17-10 Sec. 21.002. SUNSET PROVISION. The Texas Department of
17-11 Human Services is subject to Chapter 325, Government Code (Texas
17-12 Sunset Act). Unless continued in existence as provided by that
17-13 chapter, the department is abolished and this title expires
17-14 September 1, 1999, except that Chapter 40 expires as provided by
17-15 Section 40.003.
17-16 SECTION 6. Section 11.001, Human Resources Code, is amended
17-17 to read as follows:
17-18 Sec. 11.001. DEFINITIONS. Except as provided by Section
17-19 34.002 or 40.001, in <In> this title:
17-20 (1) "Board" means the Texas Board of Human Services.
17-21 (2) "Department" means the Texas Department of Human
17-22 Services.
17-23 (3) "Commissioner" means the Commissioner of Human
17-24 Services.
17-25 (4) "Assistance" means all forms of assistance and
17-26 services for needy persons authorized by Subtitle C <of this
17-27 title>.
18-1 (5) "Financial assistance" means money payments for
18-2 needy persons authorized by Chapter 31 <of this code>.
18-3 (6) "Medical assistance" means assistance for needy
18-4 persons authorized by Chapter 32 <of this code>.
18-5 SECTION 7. Section 411.114, Government Code, is amended to
18-6 read as follows:
18-7 Sec. 411.114. Access to Criminal History Record Information:
18-8 Department of Protective and Regulatory Services. (a)(1) In this
18-9 subsection the terms "child," "child-care facility," and "family
18-10 home" have the meanings assigned by Section 42.002, Human Resources
18-11 Code.
18-12 (2) The Department of Protective and Regulatory
18-13 Services is entitled to obtain from the department criminal history
18-14 record information maintained by the department that relates to a
18-15 person who is:
18-16 (A) an applicant for a license, registration, or
18-17 certification under Chapter 42, Human Resources Code;
18-18 (B) an owner or employee of or an applicant for
18-19 employment by a child-care facility licensed, registered, or
18-20 certified under that chapter;
18-21 (C) a resident of a registered family home, but
18-22 not a child in the home's care or a parent of the child;
18-23 (D) an applicant for a position with the
18-24 Department of Protective and Regulatory Services, the duties of
18-25 which include direct delivery of protective services to children,
18-26 elderly persons, or persons with a disability;
18-27 (E) a volunteer or applicant volunteer with a
19-1 local affiliate in this state of Big Brothers/Big Sisters of
19-2 America;
19-3 (F) a volunteer or applicant volunteer with the
19-4 "I Have a Dream/Houston" program;
19-5 (G) an employee of, an applicant for employment
19-6 with, or a volunteer or an applicant volunteer with a business
19-7 entity or person that contracts with the Department of Protective
19-8 and Regulatory Services to provide direct delivery of protective
19-9 services to children, elderly persons, or persons with a
19-10 disability, if the person's duties or responsibilities include
19-11 direct contact with children, elderly persons, or persons with a
19-12 disability <an employee of a business entity that provides in-home
19-13 respite care of children with temporary illnesses>;
19-14 (H) a volunteer or applicant volunteer with the
19-15 Department of Protective and Regulatory Services <an employee of a
19-16 home health agency>;
19-17 (I) a volunteer or applicant volunteer with an
19-18 organization that provides court-appointed special advocates for
19-19 abused or neglected children;
19-20 (J) a person providing or applying to provide
19-21 adoptive or foster care for children in the care of the Department
19-22 of Protective and Regulatory Services and other adults living with
19-23 that person in the residence in which the child will reside;
19-24 (K) a Department of Protective and Regulatory
19-25 Services employee who is engaged in the direct delivery of
19-26 protective services to children, elderly persons, or persons with a
19-27 disability <on the date the department implements this section>;
20-1 (L) a person who is the subject of a report the
20-2 department receives alleging that the person has abused or
20-3 neglected a child, an elderly person, or a person with a
20-4 disability, provided that report has proven to have merit <after
20-5 investigation>; <or>
20-6 (M) a relative providing or applying to provide
20-7 in-home care for a child in the care of the Department of
20-8 Protective and Regulatory Services and other adults living with
20-9 that relative in the residence in which the child will reside;
20-10 (N) a person providing child care for a child
20-11 who is in the care of the Department of Protective and Regulatory
20-12 Services and who is or will be receiving adoptive, foster, or
20-13 in-home care;
20-14 (O) a person providing, at the request of the
20-15 child's parent, in-home care for a child who is the subject of a
20-16 report alleging the child has been abused or neglected; or
20-17 (P) a volunteer or applicant volunteer with a
20-18 Texas chapter of the Make-a-Wish Foundation of America.
20-19 (3) The Department of Protective and Regulatory
20-20 Services may not use the authority granted under this section to
20-21 harass an employee or volunteer. The Board of Protective and
20-22 Regulatory Services shall adopt rules to prevent the harassment of
20-23 an employee or volunteer through the request and use of criminal
20-24 records <is entitled, under this subsection, only to criminal
20-25 history record information that relates to:>
20-26 <(A) an offense classified as an offense against
20-27 the person or the family;>
21-1 <(B) an offense classified as public indecency;
21-2 or>
21-3 <(C) a felony violation of a statute intended to
21-4 control the possession or distribution of a substance included in
21-5 Chapter 481, Health and Safety Code>.
21-6 (4) Criminal history record information obtained by
21-7 the Department of Protective and Regulatory Services under this
21-8 subsection may not be released to any person except:
21-9 (A) on court order;
21-10 (B) <,> with the consent of the person who is
21-11 the subject of the criminal history record information;
21-12 (C) for purposes of an administrative hearing
21-13 held by the Department of Protective and Regulatory Services
21-14 concerning the person who is the subject of the criminal history
21-15 record information; <,> or
21-16 (D) as provided by Subdivision (5).
21-17 (5) The Department of Protective and Regulatory
21-18 Services is not prohibited from releasing criminal history record
21-19 information obtained under this subsection to:
21-20 (A) the person who is the subject of the
21-21 criminal history record information;
21-22 (B) <or to> a child-care facility that employs
21-23 or is considering employing the person who is the subject of the
21-24 criminal history record information;
21-25 (C) a person or business entity described by
21-26 Subsection (a)(2)(G) who uses or intends to use the services of the
21-27 volunteer or employs or is considering employing the person who is
22-1 the subject of the criminal history record information; or
22-2 (D) an adult residing with a child and the
22-3 person who is the subject of the criminal history record
22-4 information, if the Department of Protective and Regulatory
22-5 Services determines that the release of information to the adult is
22-6 necessary to ensure the safety or welfare of the child or adult.
22-7 (b) The Department of Protective and Regulatory Services may
22-8 charge an organization that requests criminal history record
22-9 information under Subsection (a)(2) a fee in an amount necessary to
22-10 cover the costs of obtaining the information on the organization's
22-11 behalf <(1) In this subsection, "facility" has the meaning
22-12 assigned by Section 106.001, Human Resources Code.>
22-13 <(2) The Department of Protective and Regulatory
22-14 Services, on behalf of the Texas Department of Health, is entitled
22-15 to obtain from the department criminal history record information
22-16 maintained by the department that relates to a person who is:>
22-17 <(A) an applicant for employment at a facility;
22-18 or>
22-19 <(B) an employee of a facility.>
22-20 <(3) The Department of Protective and Regulatory
22-21 Services is entitled to obtain, under this subsection, only
22-22 criminal history record information that relates to:>
22-23 <(A) an offense classified as an offense against
22-24 the person or the family;>
22-25 <(B) an offense classified as public indecency;>
22-26 <(C) a felony violation of a statute intended to
22-27 control the possession or distribution of a substance included in
23-1 Chapter 481, Health and Safety Code, or Section 485.033, Health and
23-2 Safety Code;>
23-3 <(D) a felony offense under Section 31.03, Penal
23-4 Code; or>
23-5 <(E) an offense under Section 29.02, 29.03, or
23-6 30.02, Penal Code.>
23-7 <(4) Criminal history record information obtained by
23-8 the Department of Protective and Regulatory Services under this
23-9 subsection may not be released to any person except on court order,
23-10 with the written consent of the person who is the subject of the
23-11 criminal history record information, or as provided by Subdivision
23-12 (5).>
23-13 <(5) The Department of Protective and Regulatory
23-14 Services is not prohibited from disclosing criminal history record
23-15 information obtained under this subsection to the Texas Department
23-16 of Health or to the facility for which the Department of Protective
23-17 and Regulatory Services requested the information>.
23-18 SECTION 8. Subchapter A, Chapter 47, Human Resources Code,
23-19 is amended by adding Section 47.006 to read as follows:
23-20 Sec. 47.006. ADVISORY COMMITTEE ON PROMOTING ADOPTION OF
23-21 MINORITY CHILDREN. (a) An advisory committee on promoting the
23-22 adoption of and provision of services to minority children is
23-23 established within the department.
23-24 (b) The committee is composed of 12 members appointed by the
23-25 board of the Department of Protective and Regulatory Services. The
23-26 board shall appoint to the committee individuals who in the
23-27 aggregate have knowledge of and experience in community education,
24-1 cultural relations, family support, counseling, and parenting
24-2 skills and education. At least six members must be ordained
24-3 members of the clergy.
24-4 (c) A committee member serves for a two-year term and may be
24-5 appointed for additional terms.
24-6 (d) A member of the committee receives no compensation but
24-7 is entitled to reimbursement for actual and necessary expenses
24-8 incurred in performing the member's duties under this section.
24-9 (e) The committee shall elect one member to serve as
24-10 presiding officer. The presiding officer serves for a two-year
24-11 term and may be elected for additional terms.
24-12 (f) The department shall set the time and place of the first
24-13 committee meeting. The committee shall meet at least quarterly.
24-14 (g) The department shall pay the expenses of the committee
24-15 and shall supply necessary personnel and supplies.
24-16 (h) To promote the adoption of and provision of services to
24-17 minority children, the committee shall:
24-18 (1) study, develop, and evaluate programs and projects
24-19 relating to community awareness and education, family support,
24-20 counseling, parenting skills and education, and reform of the child
24-21 welfare system;
24-22 (2) consult with churches and other cultural and civic
24-23 organizations; and
24-24 (3) report to the department at least annually the
24-25 committee's recommendations for department programs and projects
24-26 that will promote the adoption of and provision of services to
24-27 minority children.
25-1 (i) On receiving the committee's recommendations, the
25-2 department may adopt rules to implement a program or project
25-3 recommended under this section. The department may solicit,
25-4 accept, and use gifts and donations to implement a program or
25-5 project recommended by the committee.
25-6 (j) The department shall report to the legislature not later
25-7 than November 1 of each even-numbered year following the first year
25-8 in which it receives recommendations under this section regarding
25-9 committee recommendations and action taken by the department under
25-10 this section.
25-11 (k) The recruitment of minority families may not be a reason
25-12 to delay placement of a child with an available family of a race or
25-13 ethnicity different from that of the child.
25-14 SECTION 9. Section 42.022, Human Resources Code, is amended
25-15 by amending Subsections (b) and (c) and by adding Subsection (h) to
25-16 read as follows:
25-17 (b) Members of the committee serve for terms of two years
25-18 expiring on February 1 of each odd-numbered year.
25-19 (c) The <board shall appoint the> advisory committee is
25-20 composed of 12 members appointed by the board. The members must
25-21 have the following qualifications <to provide for balanced
25-22 representation for>:
25-23 (1) two must be parents, guardians, or custodians of
25-24 children who use the facilities;
25-25 (2) two must be representatives of child advocacy
25-26 groups;
25-27 (3) two must be operators of nonprofit child-care
26-1 <the> facilities that are licensed under this chapter;
26-2 (4) two must be experts in various professional fields
26-3 that are relevant to child care and development; <and>
26-4 (5) two must be members of the general public; and
26-5 (6) two must be operators of proprietary child-care
26-6 facilities that are licensed under this chapter.
26-7 (h) In making appointments to the committee, the board shall
26-8 consider whether the committee reflects the race, ethnicity, and
26-9 age of the residents of this state and whether the committee
26-10 provides representation of the geographic regions of the state.
26-11 SECTION 10. Section 42.042, Human Resources Code, is amended
26-12 by amending Subsection (e) and by adding Subsections (m), (n), and
26-13 (o) to read as follows:
26-14 (e) The department shall promulgate minimum standards that
26-15 apply to licensed <for> child-care facilities covered by this
26-16 chapter and that will:
26-17 (1) promote the health, safety, and welfare of
26-18 children attending a facility;
26-19 (2) promote safe, comfortable, and healthy physical
26-20 facilities for children;
26-21 (3) ensure adequate supervision of children by
26-22 capable, qualified, and healthy personnel;
26-23 (4) ensure adequate and healthy food service where
26-24 food service is offered;
26-25 (5) prohibit racial discrimination by child-care
26-26 facilities; and
26-27 (6) require procedures for parental and guardian
27-1 consultation in the formulation of children's educational and
27-2 therapeutic programs.
27-3 (m) The department shall ensure that each child-care
27-4 facility that provides care for less than 24 hours a day complies
27-5 with the appropriate minimum standards relating to staff-child
27-6 ratios, group sizes, and square footage as those minimum standards
27-7 existed on September 1, 1985. The department may not enforce new
27-8 standards in relation to staff-child ratios, group sizes, or square
27-9 footage that are more stringent than the 1985 standards for those
27-10 facilities. This subsection expires September 1, 1997.
27-11 (n) In determining minimum standards for child-care
27-12 facilities that provide care for less than 24 hours a day, the
27-13 department shall, within available appropriations, conduct a
27-14 comprehensive cost-benefit analysis and economic impact study that
27-15 includes families and licensed child-care providers.
27-16 (o) Not later than the 60th day before the date the board
27-17 adopts a revision to the minimum standards for child-care
27-18 facilities, the department shall present the revision to the
27-19 appropriate legislative oversight committees that have jurisdiction
27-20 over child-care facilities for review and comment.
27-21 SECTION 11. (a) The terms of the current members of the
27-22 State Advisory Committee on Child-Care Administrators and
27-23 Facilities expire on the date on which a majority of the new
27-24 members have been appointed.
27-25 (b) On September 1, 1995, or as soon as possible after that
27-26 date, the Board of Protective and Regulatory Services shall appoint
27-27 new members to the advisory committee to accomplish the membership
28-1 plan for the advisory committee established by Subsection (c),
28-2 Section 42.022, Human Resources Code, as amended by this Act, for
28-3 terms expiring February 1, 1997.
28-4 (c) The changes in law made by this Act to the
28-5 qualifications of the members of the advisory committee apply only
28-6 to members appointed on or after the effective date of this Act.
28-7 SECTION 12. The Department of Protective and Regulatory
28-8 Services shall contract with a public or private entity to conduct
28-9 an independent comprehensive cost-benefit analysis and economic
28-10 impact study relating to staff-child ratios, group sizes, and
28-11 square footage requirements that are contained in any minimum
28-12 standards for child-care facilities that the Board of Protective
28-13 and Regulatory Services adopted in 1994. The Department of
28-14 Protective and Regulatory Services shall submit the report to the
28-15 governor, the lieutenant governor, the speaker of the house of
28-16 representatives, and the members of the 75th Legislature not later
28-17 than December 1, 1996.
28-18 SECTION 13. Sections 22.006 and 22.0065, Human Resources
28-19 Code, are repealed.
28-20 SECTION 14. The following are repealed:
28-21 (1) Section 21.017, Human Resources Code; and
28-22 (2) Article 4413(503), Revised Statutes.
28-23 SECTION 15. In addition to the new changes in law made by
28-24 this Act relating to the powers and duties of the Department of
28-25 Protective and Regulatory Services, this Act conforms certain
28-26 provisions of the Human Resources Code relating to that subject to
28-27 codify Article 4413(503), Revised Statutes, and Section 1.17(b),
29-1 Chapter 15, Acts of the 72nd Legislature, 1st Called Session, 1991.
29-2 SECTION 16. This Act takes effect September 1, 1995.
29-3 SECTION 17. The importance of this legislation and the
29-4 crowded condition of the calendars in both houses create an
29-5 emergency and an imperative public necessity that the
29-6 constitutional rule requiring bills to be read on three several
29-7 days in each house be suspended, and this rule is hereby suspended.