By Hilderbran H.B. No. 1863
74R5999 MLR/CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of services and other assistance to needy
1-3 people, including health and human services and assistance in
1-4 becoming self-dependent.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. WORK REQUIREMENTS
1-7 SECTION 1.01. ASSISTANCE PRIORITY IS WORK. Section 31.001,
1-8 Human Resources Code, is amended to read as follows:
1-9 Sec. 31.001. Aid to Families With Dependent Children. (a)
1-10 The department shall provide financial assistance and services to
1-11 families with dependent children in accordance with the provisions
1-12 of this chapter. The department shall give first priority in
1-13 administering this chapter to assisting an adult recipient of or
1-14 unemployed applicant for the financial assistance and services in
1-15 finding and retaining a job.
1-16 (b) The department shall give each adult recipient a copy of
1-17 a bill of responsibilities that defines the responsibilities of the
1-18 state and of the recipient and encourages personal responsibility.
1-19 SECTION 1.02. CHILD CARE WORK EXEMPTION. Subchapter A,
1-20 Chapter 31, Human Resources Code, is amended by adding Section
1-21 31.0123 to read as follows:
1-22 Sec. 31.0123. EXEMPTION FROM JOBS TRAINING PROGRAM. The
1-23 department, in accordance with federal law governing the job
1-24 opportunities and basic skills (JOBS) training program under Part
2-1 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682),
2-2 shall exempt a caretaker of a dependent child younger than one year
2-3 of age from participation in a JOBS component required by the
2-4 department.
2-5 SECTION 1.03. EMPLOYMENT PROGRAMS. (a) Subchapter A,
2-6 Chapter 31, Human Resources Code, is amended by adding Section
2-7 31.0126 to read as follows:
2-8 Sec. 31.0126. EMPLOYMENT PROGRAMS. (a) In cooperation with
2-9 the state agency charged with primary responsibility for job
2-10 training, employment, and workforce development in this state, the
2-11 department by rule shall develop the following programs to assist
2-12 recipients of financial assistance and services under this chapter
2-13 in finding and retaining employment:
2-14 (1) a work first program that provides a participant
2-15 job readiness training and employment information and services that
2-16 will motivate the participant to find and apply for a job through
2-17 job clubs, job readiness activities, and job search activities;
2-18 (2) a business internship program that provides a
2-19 participant the opportunity to obtain marketable job skills through
2-20 an internship in a participating business;
2-21 (3) a Texas works program that:
2-22 (A) is operated by a nonprofit group or local
2-23 governmental entity;
2-24 (B) provides to a participant motivational and
2-25 job readiness training by placing the participant in a job for a
2-26 period of several months;
2-27 (C) ensures that the participant is visited at
3-1 work and receives counseling and help in resolving any work-related
3-2 or personal problems; and
3-3 (D) receives funding on the basis of
3-4 participants who are successfully hired for employment;
3-5 (4) a community work experience program that provides
3-6 a participant job training and work experience through a temporary
3-7 job in the public sector;
3-8 (5) a subsidized employment program that provides to a
3-9 participant job training and work experience through a job in the
3-10 private sector that pays the participant a subsidized salary; and
3-11 (6) a self-employment assistance program that provides
3-12 to a participant entrepreneurial training, business counseling, and
3-13 technical and financial assistance so that the participant can
3-14 establish a business and become self-employed.
3-15 (b) The department shall develop the programs prescribed by
3-16 this section in accordance with federal law as a part of the job
3-17 opportunities and basic skills (JOBS) training program under Part
3-18 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
3-19 (c) In adopting rules governing a program prescribed by this
3-20 section, the department shall:
3-21 (1) establish the criteria for determining which
3-22 recipients who are eligible to participate in the JOBS training
3-23 program may be required to participate in a particular program; and
3-24 (2) ensure that a recipient who is incapable of
3-25 participating in a particular program is not required to
3-26 participate in that program.
3-27 (d) A local workforce development board may implement in a
4-1 workforce development area one or more programs prescribed by this
4-2 section.
4-3 (e) The department shall submit a waiver application or a
4-4 renewal waiver application that a federal agency may require before
4-5 a local workforce development board can implement one or more of
4-6 the programs prescribed by this section in a workforce development
4-7 area.
4-8 (f) In this section, a "local workforce development board"
4-9 means a local workforce development board created under Section
4-10 4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
4-11 Vernon's Texas Civil Statutes).
4-12 (b) Section 31.0125, Human Resources Code, is repealed.
4-13 SECTION 1.04. DEMONSTRATION PROJECTS; FUND. Article 4,
4-14 Workforce and Economic Competitiveness Act (Article 5190.7a,
4-15 Vernon's Texas Civil Statutes), is amended by adding Sections
4-16 4.055-4.057 to read as follows:
4-17 Sec. 4.055. DEMONSTRATION PROJECTS. (a) In this section:
4-18 (1) "Board" means a local workforce development board.
4-19 (2) "Workforce development agency" means the state
4-20 agency charged with primary responsibility for the implementation
4-21 and consolidation of labor, employment, and job training programs
4-22 in this state.
4-23 (b) In addition to the functions performed under Section
4-24 4.04 of this Act and the local plan required under Section 4.05 of
4-25 this Act, each board may establish and operate localized programs
4-26 to expand education, training, and employment in the workforce
4-27 development area administered by the board. The board may design
5-1 creative programs that fit the unique characteristics and needs of
5-2 its workforce development area.
5-3 (c) A board that designs a program under this section shall
5-4 submit a written proposal for approval of the program to the
5-5 workforce development agency. The workforce development agency
5-6 shall approve any program that clearly demonstrates the ability to:
5-7 (1) draw on and unite the resources of the local
5-8 community; and
5-9 (2) determine and meet the needs of the local service
5-10 populations, businesses, and industries.
5-11 (d) A board shall implement and administer a program
5-12 approved by the workforce development agency under this section as
5-13 a local demonstration project. The board shall report to the
5-14 workforce development agency on a quarterly basis regarding the
5-15 administration of the project and the effectiveness of the project
5-16 in serving the workforce development needs of the community.
5-17 (e) A board shall submit any proposed changes in the program
5-18 to the workforce development agency in writing. The workforce
5-19 development agency must approve the proposed changes before the
5-20 changes may be adopted and implemented by the board.
5-21 Sec. 4.056. CERTAIN PROGRAMS FOR AFDC RECIPIENTS. (a) In
5-22 addition to the programs established under Section 4.055 of this
5-23 Act, each local workforce development board shall adopt programs to
5-24 enhance the ability of recipients of financial assistance and
5-25 services under Chapter 31, Human Resources Code, who are eligible
5-26 to participate in the JOBS training program to obtain and retain
5-27 gainful employment. On request of a board, the workforce
6-1 development agency shall provide technical assistance to the board
6-2 in adopting programs under this section.
6-3 (b) In adopting programs under this section, the board shall
6-4 consider the programs established under Section 31.0126, Human
6-5 Resources Code. Within the parameters established by that
6-6 subchapter, the board may adapt a program to serve more effectively
6-7 the needs of the recipients described by Subsection (a) who are
6-8 residing in the workforce development area.
6-9 (c) The workforce development agency must approve a program
6-10 adopted by the board under this section, including a program
6-11 established under Section 31.0126, Human Resources Code, before the
6-12 board can implement the program in the workforce development area.
6-13 (d) In this section, "JOBS training program" means the job
6-14 opportunities and basic skills (JOBS) training program under Part
6-15 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
6-16 Sec. 4.057. REVOLVING FUND ACCOUNT. (a) A special
6-17 revolving fund account is established in the state treasury to be
6-18 known as the local workforce development board demonstration
6-19 project account. The account may be used only for:
6-20 (1) loans for the initial implementation costs of a
6-21 demonstration project approved under Section 4.055 of this Act; and
6-22 (2) small loans for new education, training, and
6-23 employment programs created by a local workforce development board
6-24 under a demonstration project.
6-25 (b) The account consists of:
6-26 (1) money the legislature appropriates to the account;
6-27 (2) donations made to the account;
7-1 (3) repayment of small loans made under the provisions
7-2 of a demonstration project;
7-3 (4) revenue received from state and federal education,
7-4 training, and job programs; and
7-5 (5) depository interest and investment income earned
7-6 on amounts in the account.
7-7 (c) Money drawn from the revolving fund account for the
7-8 operation of education, training, and job programs shall be paid
7-9 back to the account as permanent revenues from state and federal
7-10 education, training, and job programs become available.
7-11 (d) Sections 403.094 and 403.095, Government Code, do not
7-12 apply to the account.
7-13 SECTION 1.05. EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
7-14 DISABILITIES. (a) Chapter 121, Human Resources Code, is amended
7-15 by adding Sections 121.0014 and 121.0015 to read as follows:
7-16 Sec. 121.0014. VISION STATEMENT. (a) The Health and Human
7-17 Services Commission, each health and human services agency, and
7-18 each state agency that administers a workforce development program
7-19 shall adopt the following statement of vision:
7-20 The State of Texas shall ensure that all Texans with
7-21 disabilities have the opportunity and support necessary
7-22 to work in individualized, competitive employment in
7-23 the community and to have choices about their work and
7-24 careers.
7-25 (b) In this section, "health and human services agency"
7-26 means an agency listed by Section 19, Article 4413(502), Revised
7-27 Statutes.
8-1 Sec. 121.0015. INTERAGENCY WORK GROUP. (a) An interagency
8-2 work group is created to implement the action plan adopted at the
8-3 1994 Supported Employment Summit.
8-4 (b) The work group is composed of a representative of the:
8-5 (1) Central Education Agency, appointed by the
8-6 commissioner of education;
8-7 (2) Texas Commission for the Blind, appointed by the
8-8 commissioner of that agency;
8-9 (3) Texas Department of Mental Health and Mental
8-10 Retardation, appointed by the commissioner of mental health and
8-11 mental retardation; and
8-12 (4) Texas Rehabilitation Commission, appointed by the
8-13 commissioner of that agency.
8-14 (c) A member of the work group serves at the will of the
8-15 appointing agency.
8-16 (d) The work group shall elect a presiding officer and any
8-17 other necessary officers.
8-18 (e) The work group shall meet at the call of the presiding
8-19 officer.
8-20 (f) The appointing agency is responsible for the expenses of
8-21 a member's service on the work group. A member of the work group
8-22 receives no additional compensation for serving on the work group.
8-23 (g) The comptroller shall monitor the work group and the
8-24 implementation of the action plan.
8-25 (b) Not later than November 15, 1996, the comptroller shall
8-26 submit to the governor and the legislature a report describing the
8-27 progress made toward implementing the action plan adopted at the
9-1 1994 Supported Employment Summit.
9-2 SECTION 1.06. WORK INCENTIVES. Subchapter B, Chapter 111,
9-3 Human Resources Code, is amended by adding Section 111.0205 to read
9-4 as follows:
9-5 Sec. 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY
9-6 INCOME (SSI). (a) The commission shall employ a person at the
9-7 commission's central office to:
9-8 (1) train counselors to understand and use work
9-9 incentives; and
9-10 (2) review cases to ensure that commission clients are
9-11 informed of the availability of and assisted in obtaining work
9-12 incentives and Supplemental Security Income (SSI) (42 U.S.C.
9-13 Section 1381 et seq.).
9-14 (b) The commission shall ensure that each contract to
9-15 provide services to clients of a community center include a
9-16 provision requiring the center to:
9-17 (1) train counselors about federal social security
9-18 incentives to fund supported employment;
9-19 (2) determine each client's eligibility for work
9-20 incentives and SSI; and
9-21 (3) provide clients and their families with related
9-22 information.
9-23 SECTION 1.07. PURCHASES OF PRODUCTS FROM DISABLED PERSONS.
9-24 Section 122.004(d), Human Resources Code, is amended to read as
9-25 follows:
9-26 (d) The committee shall contract with an entity serving
9-27 blind or severely disabled persons through a competitive bidding
10-1 process to provide to that entity any necessary services, including
10-2 assisting the entity in submitting applications for the selection
10-3 of suitable products or services and distributing orders <make
10-4 rules regarding designation of a central nonprofit agency to
10-5 facilitate the distribution of orders among agencies serving blind
10-6 or other severely disabled persons and regarding other matters
10-7 related to the state's use of the products and services of blind
10-8 and severely disabled persons>. The committee shall establish
10-9 commission rates that the entity must pay to the committee for the
10-10 provision of services under this subsection. The commission rate
10-11 shall be included in the selling price of a commodity or in the
10-12 contract price of a service. Commissions collected under this
10-13 section may be appropriated only to the committee to administer
10-14 this chapter and to provide additional supported employment
10-15 opportunities.
10-16 SECTION 1.08. COMPETITIVE EMPLOYMENT. (a) Section
10-17 21.510(e), Education Code, is amended to read as follows:
10-18 (e) Each school district shall develop and annually review
10-19 an individual transition plan (ITP) for each student enrolled in a
10-20 special education program who is at least 16 years of age. The ITP
10-21 shall include a goal of competitive employment. The ITP shall be
10-22 developed in a separate document from the individualized education
10-23 program (IEP) and shall not be considered a part of the IEP. The
10-24 school district shall coordinate development of the ITP with any
10-25 participating agency as provided in the memorandum of understanding
10-26 in order to provide continuity and coordination of services among
10-27 the various agencies and between the ITP and IEP. The district
11-1 shall request the participation in the development of the ITP of
11-2 any participating agency recommended by school personnel or
11-3 requested by the student or the student's parent. The district
11-4 shall invite the student and the student's parents or guardians to
11-5 participate in the development of the ITP. Only those components
11-6 of the ITP which are the responsibility of the district shall be
11-7 incorporated into the student's IEP. Only the failure to implement
11-8 those components of a student's ITP which are included in the IEP
11-9 and are the responsibility of the school district shall be subject
11-10 to the due process procedures of the Education of the Handicapped
11-11 Act, Public Law 94-142 (20 U.S.C. Section 1400 et seq.) or to
11-12 Central Education Agency complaint procedures. The failure of the
11-13 district to develop and annually review an ITP for a student shall
11-14 be subject only to the Central Education Agency complaint
11-15 procedures and not to the due process procedures of the Education
11-16 of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
11-17 et seq.). A monitoring visit under Section 21.509 of this code
11-18 shall include a review of the transition planning requirements
11-19 under this section. A school district is not liable for the
11-20 failure of another agency to implement those components of the ITP
11-21 that are designated as the responsibility of that agency under the
11-22 memorandum of understanding.
11-23 (b) Section 21.510(e), Education Code, as amended by this
11-24 section, applies to an individual transition plan developed for
11-25 each school year beginning with the 1995-1996 school year.
11-26 (c) The Central Education Agency shall study the possible
11-27 effects of amending Section 21.510, Education Code, to require the
12-1 development of an individual transition plan for each child who is
12-2 at least 14 years of age. Not later than November 15, 1996, the
12-3 agency shall submit to the governor and the legislature a report on
12-4 the effects of changing the age requirement.
12-5 SECTION 1.09. TEEN-JOBS PILOT PROGRAM. (a) Using funds
12-6 available from the job opportunities and basic skills training
12-7 program (JOBS) (Subchapter IV, Social Security Act (42 U.S.C.
12-8 Section 682)), the Central Education Agency, in conjunction with
12-9 the Texas Department of Human Services and the comptroller, shall
12-10 allow not fewer than four school districts or areas within school
12-11 districts to establish pilot programs designed to encourage teenage
12-12 parents to stay in school and advance toward independence.
12-13 (b) Services in the program may include the parenting
12-14 program services provided under Section 21.114, Education Code,
12-15 child care, transportation, tutorial services, guidance and
12-16 counseling services, career counseling, mentor programs, on-the-job
12-17 training based on the unique needs of participants and the local
12-18 labor market, and any other allowable relevant services.
12-19 (c) The agency shall report to the governor and the 75th
12-20 Legislature regarding the effectiveness of this program.
12-21 (d) This section expires January 1, 1999.
12-22 SECTION 1.10. PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
12-23 ACHIEVING SELF-SUFFICIENCY. (a) The Texas Department of Human
12-24 Services shall establish a pilot program to extend the period of
12-25 supported employment for families who receive financial assistance
12-26 under Chapter 31, Human Resources Code, to help those families
12-27 become self-sufficient. In establishing this program the
13-1 department may:
13-2 (1) use a form of fill-the-gap budgeting; or
13-3 (2) extend transitional benefits to 24 months.
13-4 (b) If the department chooses to extend transitional
13-5 benefits to 24 months, the department shall determine whether
13-6 purchasing medical coverage for participants through the state's
13-7 Uniform Group Insurance Program is more cost-effective than
13-8 Medicaid coverage.
13-9 (c) The department shall report to the governor and the 75th
13-10 and 76th Legislatures regarding the program's success in assisting
13-11 families in becoming more self-sufficient.
13-12 (d) In this section, "fill-the-gap budgeting" means a system
13-13 of budgeting in which benefits are gradually lowered using a
13-14 percentage of the difference between the standard of need and the
13-15 countable income to calculate the grant benefit.
13-16 (e) This section expires September 1, 1999.
13-17 SECTION 1.11. APPLICATION DATE. This article applies only
13-18 to a person who receives financial assistance under Chapter 31,
13-19 Human Resources Code, on or after September 1, 1995, regardless of
13-20 the date on which eligibility for that assistance was determined.
13-21 ARTICLE 2. REDUCING DEPENDENCE ON STATE ASSISTANCE
13-22 SECTION 2.01. ADULT LEARNING LABS FOR AFDC CLIENTS.
13-23 Subchapter A, Chapter 11, Education Code, is amended by adding
13-24 Section 11.2093 to read as follows:
13-25 Sec. 11.2093. EDUCATE TEXAS PROGRAM. (a) The Educate Texas
13-26 Program is created to provide adult education services to clients
13-27 of Aid to Families with Dependent Children who are referred to the
14-1 program under Section 31.0124, Human Resources Code.
14-2 (b) The Central Education Agency, the Texas Higher Education
14-3 Coordinating Board, and the state agency charged with primary
14-4 responsibility for job training, employment, and workforce
14-5 development shall jointly develop a system of adult education
14-6 learning laboratories in public schools and community colleges
14-7 under this program to provide the following emergency services, as
14-8 needed, to a person eligible to receive Aid to Families with
14-9 Dependent Children:
14-10 (1) development of literacy in English and proficiency
14-11 in oral and written language skills;
14-12 (2) preparation for a high school equivalency
14-13 examination;
14-14 (3) training in parenting skills;
14-15 (4) training in principles of family dynamics and
14-16 family responsibility;
14-17 (5) family counseling and case management;
14-18 (6) employment readiness training in such areas as
14-19 work ethics and interview skills; and
14-20 (7) on-site child-care services as necessary to allow
14-21 a person to participate in the training and education services
14-22 under this subsection.
14-23 SECTION 2.02. ELIGIBILITY FOR ADULT LEARNING LABS.
14-24 Subchapter A, Chapter 31, Human Resources Code, is amended by
14-25 adding Section 31.0124 to read as follows:
14-26 Sec. 31.0124. REFERRAL TO EDUCATIONAL PROGRAMS. The
14-27 department shall determine whether a person who registers to
15-1 participate in the job opportunities and basic skills training
15-2 program needs and is eligible for adult education services provided
15-3 under Section 11.2093, Education Code. If the person is eligible
15-4 for the adult education services, the department shall determine
15-5 the person's needs and goals and refer the person to the
15-6 appropriate adult education service provided under Section 11.2093,
15-7 Education Code.
15-8 SECTION 2.03. ADULT LITERACY AND LEARNING PROGRAMS. Chapter
15-9 88, Education Code, is amended by adding Subchapter G to read as
15-10 follows:
15-11 SUBCHAPTER G. TEXAS CENTER FOR
15-12 ADULT LITERACY AND LEARNING
15-13 Sec. 88.541. DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND
15-14 LEARNING. (a) The Texas Center for Adult Literacy and Learning at
15-15 Texas A&M University shall evaluate instructional videotapes or
15-16 similar recorded materials generally available for use in providing
15-17 adult literacy instruction and from time to time shall publish a
15-18 guide describing and evaluating those videotapes and materials. The
15-19 center shall encourage cable companies and other appropriate
15-20 entities to use the guide in selecting materials to use in
15-21 broadcasting and may take other action to promote the broadcast or
15-22 dissemination of workbooks and other materials the center considers
15-23 effective in teaching adult literacy.
15-24 (b) The center shall develop voluntary standards for the
15-25 curriculum and workbooks and other materials used in adult literacy
15-26 programs, including programs for teaching English as a second
15-27 language. To develop the standards, the center shall organize an
16-1 advisory group and shall encourage the participation of major
16-2 providers of adult literacy programs in this state, including
16-3 private nonprofit organizations, institutions of education, and
16-4 correctional facilities. The Texas Department of Criminal Justice
16-5 shall designate an employee of the department to participate in the
16-6 initial development of the standards.
16-7 (c) In connection with the standards developed under
16-8 Subsection (b), the center shall develop workbooks and other
16-9 materials to be used by teachers and students in adult literacy
16-10 programs to track the progress of the student and to allow the
16-11 student to understand and maintain a record of the student's
16-12 progress and proficiency.
16-13 (d) The center shall develop and update as necessary
16-14 informational brochures, promotional posters, workbooks, or similar
16-15 materials suitable for distribution to state employees or the
16-16 general public describing the need for adult literacy and education
16-17 services in this state and encouraging qualified persons to support
16-18 or volunteer to assist programs that provide those services. As
16-19 the center determines appropriate, the center may provide samples
16-20 of those workbooks and other materials to the governing boards or
16-21 chief executive officers of state agencies, including institutions
16-22 of higher education, and to other employers and institutions in
16-23 this state and shall encourage those entities to distribute or make
16-24 available the workbooks and other materials to their employees.
16-25 SECTION 2.04. LITERACY: ENGLISH AS A SECOND LANGUAGE.
16-26 Subchapter B, Chapter 13, Education Code, is amended by adding
16-27 Section 13.044 to read as follows:
17-1 Sec. 13.044. ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
17-2 CURRICULUM. (a) Each general academic teaching institution, as
17-3 defined by Section 61.003, that conducts an approved teacher
17-4 education program shall include in the curriculum of at least one
17-5 course in the program a unit that introduces the students to the
17-6 fundamentals of teaching adult literacy and English as a second
17-7 language courses.
17-8 (b) If the institution operates a center for professional
17-9 development and technology in connection with its teacher education
17-10 program, the institution through the center may provide interested
17-11 students in the education program with opportunities for
17-12 internships or other field-based training and experience in
17-13 teaching adult literacy or English as a second language.
17-14 SECTION 2.05. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
17-15 (a) Article 4413(502), Revised Statutes, is amended by adding
17-16 Section 22 to read as follows:
17-17 Sec. 22. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS. (a)
17-18 The commission shall contract on a no-risk contingency basis with a
17-19 consulting firm to assist recipients of financial assistance under
17-20 Chapter 31, Human Resources Code, who are eligible for assistance
17-21 under federal programs to apply for benefits under those federal
17-22 programs. The consulting firm must be:
17-23 (1) qualified to work with the Supplemental Security
17-24 Income (SSI) (42 U.S.C. Section 1381 et seq.) and the Social
17-25 Security Disability Insurance (SSDI) (42 U.S.C. Section 401 et
17-26 seq.) programs; and
17-27 (2) skilled in interpreting federal:
18-1 (A) eligibility guidelines;
18-2 (B) determination processes;
18-3 (C) work programs; and
18-4 (D) definitions of disabilities.
18-5 (b) The contract shall include:
18-6 (1) a provision that bases the compensation the
18-7 contractor receives on the number of cases converted from state
18-8 financial assistance to SSI or SSDI;
18-9 (2) appropriate performance requirements, including:
18-10 (A) the minimum number of applications for
18-11 federal assistance that must be filed;
18-12 (B) the minimum number of reconsiderations
18-13 requested;
18-14 (C) the percentage of administrative law
18-15 hearings that must be filed;
18-16 (D) the percentage of grants approved by the
18-17 federal programs; and
18-18 (E) time guidelines; and
18-19 (3) an arrangement for training state employees to
18-20 transfer eligible state financial assistance recipients to the
18-21 federal programs.
18-22 (c) The state shall deduct from the lump-sum payment a
18-23 recipient receives from the federal government when that person is
18-24 accepted in the SSI or SSDI program that portion of the
18-25 consultant's contingency fee that is assignable to the recipient
18-26 and any state financial assistance paid to that person during the
18-27 period between the person's application for the federal program and
19-1 the person's subsequent acceptance into it.
19-2 (d) The commission shall organize a planning group involving
19-3 the Texas Department of Human Services, the Central Education
19-4 Agency, and the Texas Rehabilitation Commission to:
19-5 (1) improve workload coordination between those
19-6 agencies as necessary to administer this section; and
19-7 (2) assist the consultant required by this section by:
19-8 (A) providing the consultant with regulations,
19-9 procedures, client records, and other necessary information; and
19-10 (B) helping to train state employees to
19-11 correctly screen applicants under this section.
19-12 (b) Not later than January 15, 1997, the planning group
19-13 required by Section 22, Article 4413(502), Revised Statutes, as
19-14 added by this section, shall submit to the legislature and governor
19-15 a report on the progress the state has made in transferring
19-16 recipients of state financial assistance to federal programs.
19-17 SECTION 2.06. FEDERAL TAX CREDIT. Subchapter B, Chapter
19-18 403, Government Code, is amended by adding Section 403.024 to read
19-19 as follows:
19-20 Sec. 403.024. FEDERAL EARNED INCOME TAX CREDIT. (a) The
19-21 comptroller's office is the lead state agency in promoting
19-22 awareness of the federal earned income tax credit program for
19-23 working families.
19-24 (b) The comptroller shall recruit other state agencies and
19-25 the governor's office to participate in a coordinated campaign to
19-26 increase awareness of the federal tax program.
19-27 SECTION 2.07. PILOT PROGRAM: TIME-LIMITED BENEFITS. (a)
20-1 The Texas Department of Human Services shall establish a
20-2 time-limited benefits pilot program that limits the amount of time
20-3 a person can receive financial assistance under Chapter 31, Human
20-4 Resources Code.
20-5 (b) In implementing the time-limited benefits pilot program,
20-6 the department:
20-7 (1) shall require a person to participate in the
20-8 program if the person:
20-9 (A) is eligible to participate in the job
20-10 opportunities and basic skills (JOBS) training program under Part
20-11 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682); and
20-12 (B) is not the caretaker of a dependent child
20-13 who is younger than one year of age;
20-14 (2) may not provide financial assistance under Chapter
20-15 31, Human Resources Code, to a participant in the pilot program or
20-16 to anyone for whom the participant receives financial assistance if
20-17 the participant has received the financial assistance for a
20-18 cumulative total of two years;
20-19 (3) may not consider financial assistance provided to
20-20 a participant before January 1, 1995, in determining the
20-21 participant's eligibility for financial assistance under
20-22 Subdivision (2) of this subsection;
20-23 (4) shall provide that a participant in the pilot
20-24 program may reapply with the department for financial assistance on
20-25 or after the third anniversary of the date on which the participant
20-26 is totally disqualified from receiving financial assistance because
20-27 of the application of Subdivision (2) of this subsection;
21-1 (5) may extend the amount of time a participant in the
21-2 pilot program is entitled to receive financial assistance if after
21-3 an investigation the department determines that limiting the amount
21-4 of time the participant can receive financial assistance will
21-5 impose an undue hardship on the participant or the participant's
21-6 family; and
21-7 (6) shall establish the criteria for determining what
21-8 constitutes undue hardship under Subdivision (5) of this
21-9 subsection.
21-10 (c) The department shall:
21-11 (1) adopt rules and set a timetable to implement and
21-12 complete the pilot program; and
21-13 (2) select at least one county in which to establish
21-14 the pilot program that has:
21-15 (A) a population of 250,000 or more; and
21-16 (B) low unemployment and an effective JOBS
21-17 program placement-rate.
21-18 (d) The department shall establish the pilot program
21-19 required by this section not later than January 1, 1996.
21-20 (e) The Texas Department of Human Services shall submit to
21-21 the governor and the 75th, 76th, and 77th Legislatures a report
21-22 concerning the effectiveness of the pilot program. Each report
21-23 must include an analysis of the characteristics and demographics of
21-24 recipients and any recommendation for expansion of the program.
21-25 (f) This section expires September 1, 2001.
21-26 SECTION 2.08. PILOT PROGRAM: EMERGENCY ASSISTANCE FOR
21-27 FAMILIES IN A CRISIS. (a) The Texas Department of Human Services
22-1 shall seek federal funding that would allow the department to
22-2 establish an emergency assistance pilot program to support families
22-3 in a crisis.
22-4 (b) The department shall establish the pilot program in a
22-5 high-employment area of the state or an area that uses the
22-6 electronic benefits transfer system.
22-7 (c) The department by rule shall develop guidelines to
22-8 administer the program, including:
22-9 (1) eligibility guidelines;
22-10 (2) guidelines specifying whether the assistance is a
22-11 one-time cash payment to a family; and
22-12 (3) guidelines specifying whether an applicant who
22-13 receives the emergency assistance must agree to forgo applying for
22-14 financial assistance under Chapter 31, Human Resources Code, for
22-15 one year, or another appropriate limitation determined by the
22-16 department.
22-17 (d) The department shall report to the governor and the 75th
22-18 and 76th Legislatures regarding the program's success in helping
22-19 families in a crisis avoid becoming AFDC clients.
22-20 (e) This section expires September 1, 1999.
22-21 SECTION 2.09. PILOT PROGRAM: SAVINGS ACCOUNTS FOR AFDC
22-22 RECIPIENTS. (a) In conjunction with the state treasurer, the
22-23 Texas Department of Human Services shall establish a pilot program
22-24 to create individual development accounts for individuals who are
22-25 receiving financial assistance under Chapter 31, Human Resources
22-26 Code, to encourage recipients to achieve self-sufficiency.
22-27 (b) The department by rule may provide for:
23-1 (1) the number of financial assistance recipients who
23-2 may participate in the program; and
23-3 (2) the maximum amount that may be saved by a
23-4 participant.
23-5 (c) The department shall encourage private sector employers
23-6 to provide matching funds for employed recipients of financial
23-7 assistance who are participating in this program.
23-8 (d) The department shall report to the governor and the 75th
23-9 and 76th Legislatures regarding the success of the program.
23-10 (e) This section expires September 1, 1999.
23-11 SECTION 2.10. WORK HISTORY AND 100-HOUR RULE WAIVER. Not
23-12 later than December 1, 1995, the Texas Department of Human Services
23-13 shall reapply for a federal waiver to eliminate the work history
23-14 and 100-hour rules for two-parent families and to enable the
23-15 department to fully implement Section 31.014, Human Resources Code.
23-16 SECTION 2.11. APPLICATION DATE. This article applies only
23-17 to a person who receives financial assistance under Chapter 31,
23-18 Human Resources Code, on or after September 1, 1995, regardless of
23-19 the date on which eligibility for that assistance was determined.
23-20 ARTICLE 3. REDUCING FRAUD AND ERROR
23-21 SECTION 3.01. PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
23-22 Chapter 21, Human Resources Code, is amended by adding Section
23-23 21.0145 to read as follows:
23-24 Sec. 21.0145. PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
23-25 (a) The Public Assistance Fraud Oversight Task Force is created to
23-26 advise and assist the department and the department's office of the
23-27 inspector general in improving the efficiency of fraud
24-1 investigations and collections.
24-2 (b) The task force is composed of a representative of the:
24-3 (1) attorney general's office, appointed by the
24-4 attorney general;
24-5 (2) comptroller's office, appointed by the
24-6 comptroller;
24-7 (3) Department of Public Safety, appointed by the
24-8 public safety director;
24-9 (4) state auditor's office, appointed by the state
24-10 auditor; and
24-11 (5) Texas Department of Human Services, appointed by
24-12 the commissioner of human services.
24-13 (c) The comptroller or the comptroller's designee serves as
24-14 the presiding officer of the task force. The task force may elect
24-15 any other necessary officers.
24-16 (d) The task force shall meet at least once each fiscal
24-17 quarter at the call of the presiding officer.
24-18 (e) The appointing agency is responsible for the expenses of
24-19 a member's service on the task force. Members of the task force
24-20 receive no additional compensation for serving on the task force.
24-21 (f) At least once each fiscal quarter, the department's
24-22 office of the inspector general shall provide to the task force:
24-23 (1) information detailing:
24-24 (A) the number of fraud referrals made to the
24-25 office and the origin of each referral;
24-26 (B) the time spent investigating each case;
24-27 (C) the number of cases investigated each month,
25-1 by program and region;
25-2 (D) the dollar value of each fraud case that
25-3 results in a criminal conviction; and
25-4 (E) the number of cases the office rejects and
25-5 the reason for rejection, by region; and
25-6 (2) any additional information the task force
25-7 requires.
25-8 SECTION 3.02. FRAUD PREVENTION. (a) Chapter 22, Human
25-9 Resources Code, is amended by adding Section 22.027 to read as
25-10 follows:
25-11 Sec. 22.027. FRAUD PREVENTION. (a) The department's office
25-12 of the inspector general shall compile and disseminate accurate
25-13 information and statistics relating to:
25-14 (1) fraud prevention; and
25-15 (2) post-fraud referrals received and accepted or
25-16 rejected from the department's case management system.
25-17 (b) The department shall:
25-18 (1) aggressively publicize successful fraud
25-19 prosecutions; and
25-20 (2) establish and promote a toll-free hotline for
25-21 reporting suspected fraud in programs administered by the
25-22 department.
25-23 (c) The department shall establish an interstate information
25-24 sharing agreement with its agency counterparts in Arkansas,
25-25 Louisiana, New Mexico, and Oklahoma to prevent a person from
25-26 simultaneously receiving public assistance from more than one
25-27 state. The agreement shall provide for sharing information
26-1 necessary to identify an applicant or recipient, including that
26-2 person's name, social security number, address, and age.
26-3 (d) The department shall:
26-4 (1) verify automobile information that is used as
26-5 criteria for eligibility; and
26-6 (2) establish a computerized matching system with the
26-7 Texas Department of Criminal Justice to prevent an incarcerated
26-8 individual from illegally receiving public assistance benefits
26-9 administered by the department.
26-10 (b) The Texas Department of Human Services shall:
26-11 (1) evaluate the costs and benefits of the five-day
26-12 time limit the department prescribes for the investigation of fraud
26-13 prevention referrals; and
26-14 (2) consider lowering the criteria for acceptance by
26-15 the department's office of the inspector general of post-fraud
26-16 referrals.
26-17 (c) If the department lowers the criteria for accepting
26-18 post-fraud referrals, the department shall require each department
26-19 office to apply that criteria.
26-20 SECTION 3.03. PREVENTING FRAUD THROUGH VEHICLE REGISTRATION.
26-21 (a) Section 3(a), Chapter 88, General Laws, Acts of the 41st
26-22 Legislature, 2nd Called Session, 1929 (Article 6675a-3, Vernon's
26-23 Texas Civil Statutes), is amended to read as follows:
26-24 (a) Application for the registration of a vehicle required
26-25 to be registered hereunder shall be made on a form furnished by the
26-26 Department. Each such application shall be signed by the owner of
26-27 the vehicle, and shall give his name and address in full, and shall
27-1 contain a brief description of the vehicle to be registered. In
27-2 addition, if the owner is an individual, the owner must give his
27-3 social security number. The description, in case of a new motor
27-4 vehicle, shall include: the trade name of the vehicle; the year
27-5 model; the style, type of body and the weight, if a passenger car,
27-6 or the net carrying capacity and gross weight if a commercial motor
27-7 vehicle; the motor number; the date of sale by manufacturer or
27-8 dealer to the applicant. The application shall contain such other
27-9 information as may be required by the Department.
27-10 (b) This section applies only to a vehicle registration made
27-11 on or after September 1, 1995. A vehicle registration that is made
27-12 before that date is governed by the law in existence when the
27-13 registration was made, and that law is continued in effect for that
27-14 purpose.
27-15 SECTION 3.04. PREVENTING FRAUD THROUGH VEHICLE REGISTRATION
27-16 DATABASE. Section 17A, Chapter 88, General Laws, Acts of the 41st
27-17 Legislature, 2nd Called Session, 1929 (Article 6675a-17A, Vernon's
27-18 Texas Civil Statutes), is amended by amending Subsection (b) and
27-19 adding Subsection (c) to read as follows:
27-20 (b) This section does not apply to the release of
27-21 information to:
27-22 (1) a peace officer, as that term is defined in
27-23 Article 2.12, Code of Criminal Procedure, if the officer is acting
27-24 in an official capacity; or
27-25 (2) an official of the state, a city, town, county,
27-26 special district, or other political subdivision of the state if
27-27 the official is requesting the information for tax purposes or for
28-1 the purpose of determining eligibility for a state public
28-2 assistance program.
28-3 (c) The Texas Department of Transportation shall provide a
28-4 dedicated line to its vehicle registration record database for use
28-5 by other state agencies to determine eligibility for a state public
28-6 assistance program. Access to records and transmission of
28-7 information under this subsection does not affect whether the
28-8 information is subject to disclosure under Chapter 552, Government
28-9 Code.
28-10 SECTION 3.05. TASK FORCE: ELECTRONIC BENEFITS TRANSFERS.
28-11 Article 4413(502), Revised Statutes, is amended by adding Section
28-12 10B to read as follows:
28-13 Sec. 10B. INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
28-14 TRANSFERS. (a) An interagency task force is created to advise and
28-15 assist the commission in adding new benefit programs to the
28-16 statewide electronic benefits transfer (EBT) system.
28-17 (b) The task force is composed of:
28-18 (1) a representative of:
28-19 (A) the attorney general's office, appointed by
28-20 the attorney general;
28-21 (B) the comptroller's office, appointed by the
28-22 comptroller;
28-23 (C) the commission, appointed by the
28-24 commissioner;
28-25 (D) the Texas Department of Health, appointed by
28-26 the commissioner of public health;
28-27 (E) the Texas Department of Human Services,
29-1 appointed by the commissioner of human services;
29-2 (F) the Texas Employment Commission, appointed
29-3 by the chairman of that agency; and
29-4 (G) the Texas Rehabilitation Commission,
29-5 appointed by the commissioner of that agency; and
29-6 (2) two representatives of each of the following
29-7 groups, appointed by the comptroller:
29-8 (A) retailers who maintain EBT point-of-sale
29-9 equipment;
29-10 (B) banks or owners of automatic teller
29-11 machines; and
29-12 (C) consumer or client advocacy organizations.
29-13 (c) A member of the task force serves at the will of the
29-14 appointing agency.
29-15 (d) The representative of the comptroller's office serves as
29-16 presiding officer. The task force may elect any other necessary
29-17 officers.
29-18 (e) The task force shall meet at the call of the presiding
29-19 officer.
29-20 (f) The appointing agency is responsible for the expenses of
29-21 a member's service on the task force. A member of the task force
29-22 receives no additional compensation for serving on the task force.
29-23 (g) The task force shall:
29-24 (1) serve as the state counterpoint to the federal EBT
29-25 task force;
29-26 (2) identify benefit programs that merit addition to
29-27 the state's EBT system;
30-1 (3) identify and address problems that may occur if a
30-2 program is added;
30-3 (4) pursue state-federal partnerships to facilitate
30-4 the development and expansion of the state's EBT system;
30-5 (5) track and distribute federal legislation and
30-6 information from other states that relate to EBT systems;
30-7 (6) ensure efficiency and planning coordination in
30-8 relation to the state's EBT system;
30-9 (7) develop a plan for the use of photograph
30-10 identification on all EBT cards beginning with replacement cards
30-11 for cards currently used in the program; and
30-12 (8) review current and potential fraud problems with
30-13 EBT and propose methods to prevent or deter fraud.
30-14 (h) In determining which benefit programs can be added to
30-15 the state's EBT system, the task force shall consider, at a
30-16 minimum:
30-17 (1) the savings to the state;
30-18 (2) the ease of addition to existing infrastructure;
30-19 and
30-20 (3) the number of clients served.
30-21 SECTION 3.06. ERROR-RATE REDUCTION. (a) Chapter 22, Human
30-22 Resources Code, is amended by adding Sections 22.025 and 22.026 to
30-23 read as follows:
30-24 Sec. 22.025. ERROR-RATE REDUCTION. (a) The department
30-25 shall:
30-26 (1) set progressive goals for improving the
30-27 department's error rates in the aid to families with dependent
31-1 children and food stamp programs; and
31-2 (2) develop a specific schedule to meet those goals.
31-3 (b) Each fiscal quarter, the department shall prepare a
31-4 report detailing the progress the department has made in reaching
31-5 its goals. The report must include an analysis by region of the
31-6 department's goals and performance relating to error-rate
31-7 reduction. The department shall send a copy of the report to the
31-8 governor's office, the legislative budget office, and any
31-9 appropriate interagency task force having oversight responsibility
31-10 over welfare fraud.
31-11 (c) As appropriate, the department shall include in its
31-12 employee evaluation process a rating system that emphasizes
31-13 error-rate reduction and workload.
31-14 (d) The department shall take appropriate disciplinary
31-15 action, including dismissal, against management and other staff if
31-16 a region has a higher than average error rate and that rate is not
31-17 reduced in a reasonable period.
31-18 Sec. 22.026. REDUCTION OF CLIENT FRAUD. The department
31-19 shall:
31-20 (1) ensure that errors attributed to client fraud are
31-21 appropriate; and
31-22 (2) take immediate and appropriate action to limit any
31-23 client fraud that occurs.
31-24 (b) Not later than November 1, 1995, the Texas Department of
31-25 Human Services shall develop a concentrated and effective plan for
31-26 the city of Houston region to reduce the department's error rates
31-27 in the aid to families with dependent children and food stamp
32-1 programs.
32-2 (c) The Texas Department of Human Services shall make the
32-3 first progress report required by Section 22.025, Human Resources
32-4 Code, as added by this article, not later than September 1, 1995.
32-5 SECTION 3.07. MODIFICATION OF SCREENING AND SERVICE DELIVERY
32-6 REQUIREMENTS. Section 33.002, Human Resources Code, is amended by
32-7 adding Subsection (g) to read as follows:
32-8 (g) The department may, within federal limits, modify the
32-9 one-day screening and service delivery requirements prescribed by
32-10 Subsection (e) if the department determines that the modification
32-11 is necessary to achieve a state error rate that is equal to or
32-12 below the national average error rate.
32-13 SECTION 3.08. ELECTRONIC IMAGING PILOT PROGRAM. (a) In
32-14 conjunction with the comptroller, and any other appropriate agency,
32-15 the Texas Department of Human Services by rule shall develop a
32-16 36-month pilot program in Harris County to prevent welfare fraud by
32-17 using a type of electronic fingerprint-imaging of applicants for
32-18 and recipients of financial assistance under this chapter.
32-19 (b) In adopting rules under this section, the department
32-20 shall ensure that any electronic imaging performed by the
32-21 department is strictly confidential and is used only to prevent
32-22 fraud by recipients of assistance.
32-23 (c) The department shall use an imaging system in
32-24 conjunction with the Department of Public Safety of the State of
32-25 Texas.
32-26 (d) Each fiscal quarter, the department shall submit to the
32-27 governor and the legislature a report on the status and progress of
33-1 the pilot program.
33-2 (e) The department shall establish the electronic imaging
33-3 pilot program required by this section not later than January 1,
33-4 1996.
33-5 ARTICLE 4. INCREASING FEDERAL FUNDING
33-6 SECTION 4.01. FEDERAL FUNDING: MENTAL HEALTH SERVICES.
33-7 Subchapter B, Chapter 533, Health and Safety Code, is amended by
33-8 adding Section 533.046 to read as follows:
33-9 Sec. 533.046. FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR
33-10 CHILDREN AND FAMILIES. (a) The department shall enter into an
33-11 interagency agreement with the Texas Department of Human Services
33-12 to:
33-13 (1) amend the eligibility requirements of the state's
33-14 emergency assistance plan under Title IV-A, Social Security Act (42
33-15 U.S.C. Section 601 et seq.), to include mental health emergencies;
33-16 and
33-17 (2) prescribe the procedures the agencies will use to
33-18 delegate to the department and to local mental health and mental
33-19 retardation authorities the administration of mental health
33-20 emergency assistance.
33-21 (b) The interagency agreement must provide that:
33-22 (1) the department certify to the Texas Department of
33-23 Human Services the nonfederal expenditures for which the state will
33-24 claim federal matching funds; and
33-25 (2) the Texas Department of Human Services retain
33-26 responsibility for making final eligibility decisions.
33-27 (c) The department shall allocate to local mental health and
34-1 mental retardation authorities 66 percent of the federal funds
34-2 received under this section.
34-3 SECTION 4.02. FEDERAL FUNDING: CHEMICAL DEPENDENCY
34-4 SERVICES. (a) Article 4413(502), Revised Statutes, is amended by
34-5 adding Section 10A to read as follows:
34-6 Sec. 10A. FEDERAL FUNDING FOR CHEMICAL DEPENDENCY SERVICES.
34-7 The commission shall coordinate with the Texas Commission on
34-8 Alcohol and Drug Abuse and the Texas Department of Human Services
34-9 to amend the eligibility requirements of the state's emergency
34-10 assistance plan under Title IV-A, federal Social Security Act (42
34-11 U.S.C. Section 601 et seq.), to include either a child or a
34-12 significant adult in a child's family who needs chemical dependency
34-13 treatment.
34-14 (b) The Texas Department on Alcohol and Drug Abuse shall
34-15 continue to study the feasibility of amending the state's Medicaid
34-16 plan to include chemical dependency treatment as an allowable
34-17 service.
34-18 SECTION 4.03. FEDERAL FUNDS; FOSTER CARE. (a) Article
34-19 4413(503), Revised Statutes, is amended by adding Section 12A to
34-20 read as follows:
34-21 Sec. 12A. FEDERAL FUNDING FOR CERTAIN CHILDREN. (a) For
34-22 purposes of Medicaid eligibility only, the department shall
34-23 classify as a "child in foster care" each child who is in the
34-24 conservatorship of the state and placed in the home of a relative.
34-25 A child classified as a "child in foster care" under this
34-26 subsection is not automatically eligible to receive foster care
34-27 payments because of that classification.
35-1 (b) The department shall ensure that each time study used to
35-2 allocate costs identifies all costs incurred on behalf of a child
35-3 if the child's case plan clearly indicates that foster care is the
35-4 planned arrangement for that child.
35-5 (c) The department shall claim federal financial
35-6 participation under Title IV-E, federal Social Security Act (42
35-7 U.S.C. Section 670 et seq.), for all nonrecurring adoption
35-8 expenses at the highest rate authorized by federal law. The
35-9 department shall include all charges from state attorneys and state
35-10 courts and any applicable overhead. The department may claim the
35-11 expenses as either administrative or training expenses, depending
35-12 on which classification results in a higher federal match.
35-13 (b) The Department of Protective and Regulatory Services
35-14 shall file an adjustment to its previous quarterly claims under
35-15 Title IV-E, federal Social Security Act (42 U.S.C. Section 670 et
35-16 seq.), to claim retroactive federal financial participation for the
35-17 incremental difference for each quarter in which nonrecurring
35-18 adoption expenses have been identified as a legitimate expense.
35-19 (c) The department shall request a waiver from the federal
35-20 two-year limitation on the period in which the state can file
35-21 certain claims in accordance with Section 1320b-2(b), federal
35-22 Social Security Act (42 U.S.C. Section 1320b-2(b)). If the waiver
35-23 is denied, the department shall exhaust all administrative remedies
35-24 and, if necessary, seek judicial review to obtain a court order
35-25 reducing the claim to judgment and mandating retroactive payment.
35-26 ARTICLE 5. INTEGRATED ELIGIBILITY DETERMINATION
35-27 SECTION 5.01. INTEGRATED ELIGIBILITY DETERMINATION. (a)
36-1 Not later than September 1, 1996, the Health and Human Services
36-2 Commission shall have completed the development and substantial
36-3 implementation of a plan for an integrated eligibility
36-4 determination and service delivery system for health and human
36-5 services at the local and regional levels that does not reduce the
36-6 state's total receipt of federal funds. The plan shall specify the
36-7 dates by which all elements of the plan must be implemented.
36-8 (b) The integrated eligibility determination and service
36-9 delivery system shall be developed and implemented to achieve at
36-10 least a one percent savings in the cost of providing administrative
36-11 and other services and staff resulting from streamlining and
36-12 eliminating duplication of services. The commission shall use the
36-13 resulting savings to further develop the integrated system and to
36-14 provide other health and human services.
36-15 (c) The commission shall report savings resulting from
36-16 implementation of the plan to local, state, and federal agencies.
36-17 (d) In consultation and coordination with the State Council
36-18 on Competitive Government, the commission shall make and implement
36-19 recommendations on services or functions of the integrated
36-20 eligibility determination and service delivery system that could be
36-21 provided more effectively through the use of competitive bidding or
36-22 by contracting with local governments and other appropriate
36-23 entities. If the commission determines that private contracting
36-24 may be effective, the commission may automate the determination of
36-25 client eligibility by contracting with a private firm to conduct
36-26 application processing.
36-27 (e) Not later than October 1, 1996, the commission shall
37-1 develop a plan to consolidate administrative and service delivery
37-2 functions in addition to the integrated eligibility determination
37-3 and service delivery system in order to eliminate any remaining
37-4 duplication. The commission shall prepare a report of the plan for
37-5 submission to the 75th Legislature when it convenes.
37-6 SECTION 5.02. OVERSIGHT GROUP. A group composed of the
37-7 following persons shall oversee the Health and Human Services
37-8 Commission's development and implementation of the plan for an
37-9 integrated eligibility determination and service delivery system:
37-10 (1) a representative from the governor's office,
37-11 designated by the governor;
37-12 (2) a representative from the lieutenant governor's
37-13 office, designated by the lieutenant governor;
37-14 (3) a representative from the office of the speaker of
37-15 the house of representatives, designated by the speaker;
37-16 (4) a representative from the comptroller's office,
37-17 designated by the comptroller; and
37-18 (5) a representative from the Legislative Budget
37-19 Board, designated by the director of the Legislative Budget Board.
37-20 SECTION 5.03. STRATEGIC PLANS AND UPDATES. Section 10(d),
37-21 Article 4413(502), Revised Statutes, is amended to read as follows:
37-22 (d) All health and human services agencies shall submit
37-23 strategic plans and biennial updates to the commission on a date to
37-24 be determined by commission rule. The strategic plans and biennial
37-25 updates are subject to commission modification and approval.
37-26 SECTION 5.04. BUDGET CONSOLIDATION. (a) Section 13,
37-27 Article 4413(502), Revised Statutes, is amended to read as follows:
38-1 Sec. 13. Consolidated Health and Human Services Budget.
38-2 (a) The commission has comprehensive budget and planning authority
38-3 for health and human services agencies in order to establish an
38-4 integrated eligibility determination and service delivery system.
38-5 (b) The commission shall prepare and submit to the
38-6 Legislative Budget Board and the governor by October 15 of
38-7 even-numbered years a consolidated health and human services budget
38-8 recommendation.
38-9 (c) <(b)> The commission shall base the consolidated budget
38-10 recommendation prepared under this article on priorities set in the
38-11 commission's coordinated strategic plan for health and human
38-12 services.
38-13 (d) <(c)> All health and human services agencies shall
38-14 submit to the commission a biennial agency legislative
38-15 appropriations request on a date to be determined by commission
38-16 rule.
38-17 (e) A health and human services agency may not submit to the
38-18 legislature or the governor its legislative appropriations request
38-19 until the legislative appropriations request is approved by the
38-20 commission.
38-21 (f) The commission may modify an agency legislative
38-22 appropriations request as the commission determines necessary to
38-23 provide the most efficient integrated eligibility determination and
38-24 service delivery system possible.
38-25 (b) The changes in law made by this section apply to
38-26 legislative appropriations requests made on or after September 1,
38-27 1995.
39-1 SECTION 5.05. APPROPRIATIONS AND TRANSFERS. (a) Article
39-2 4413(502), Revised Statutes, is amended by adding Sections 13A,
39-3 13B, and 13C to read as follows:
39-4 Sec. 13A. APPROPRIATIONS AND TRANSFERS. (a) The
39-5 legislature shall appropriate funds for the purposes of a health
39-6 and human services agency to the commission. The appropriated
39-7 funds may be expended on vouchers approved by the appropriate
39-8 officer of the health and human services agency pursuant to a
39-9 budget approved for that purpose by the commission. A health and
39-10 human services agency may not modify its approved budget without
39-11 commission approval.
39-12 (b) To the extent not inconsistent with federal or other
39-13 state law, the commission may transfer or allocate appropriated
39-14 funds among health and human services agencies and among programs
39-15 of a health and human services agency as necessary to provide the
39-16 most efficient integrated eligibility determination and service
39-17 delivery system and to maximize the amount of federal funds for
39-18 which the state may be eligible.
39-19 Sec. 13B. FEDERAL FUNDS. (a) Any operational or funding
39-20 plan or modification to that plan prepared by a health and human
39-21 services agency designated as the single state agency to administer
39-22 federal funds is subject to commission approval.
39-23 (b) The commission shall evaluate the feasibility of
39-24 designating the commission as the single state agency for federal
39-25 funds received for a health and human services purpose.
39-26 (c) For the purpose of promoting integrated, community-based
39-27 service delivery systems and to the extent permitted by federal
40-1 law, the commission may consolidate federal funds to be given to
40-2 local communities for the provision of health and human services.
40-3 Sec. 13C. AUTOMATED SYSTEMS. (a) Any appropriation made
40-4 for the purpose of acquiring, developing, and implementing
40-5 automation systems, including an automated system for integrated
40-6 client eligibility determinations, shall be made to the commission
40-7 for expenditure only by the commission and not by a health and
40-8 human services agency.
40-9 (b) A health and human services agency may not submit its
40-10 plans to the Department of Information Resources under Subchapter
40-11 E, Chapter 2054, Government Code, until those plans are approved by
40-12 the commission.
40-13 (b) The changes in law made by this section apply beginning
40-14 with appropriations made for the fiscal year beginning September 1,
40-15 1995.
40-16 SECTION 5.06. AGENCY STAFF. Article 4413(502), Revised
40-17 Statutes, is amended by adding Section 23 to read as follows:
40-18 Sec. 23. USE OF AGENCY STAFF. To the extent requested by
40-19 the commission, a health and human services agency shall assign
40-20 existing staff to perform a function under this article.
40-21 SECTION 5.07. WORKLOAD STANDARDS AND EDUCATION. (a) Not
40-22 later than February 1, 1996, the commission shall develop workload
40-23 standards and educational requirements for the health and human
40-24 services agency staff members that manage client eligibility
40-25 determination and certification. The workload standards shall
40-26 address caseload, training, and other relevant factors and must be
40-27 consistent with practices in the private sector.
41-1 (b) The educational requirements for the clerical staff who
41-2 process applications under an automated system shall provide that a
41-3 high school diploma or high school equivalency certificate is
41-4 sufficient. The commission shall phase out more qualified and
41-5 higher-paid eligibility workers through worker attrition and
41-6 replacement at an annual rate of not less than 20 percent.
41-7 (c) The commission shall examine cost-effective methods,
41-8 including the use of more experienced caseworkers on a limited case
41-9 review basis, to address:
41-10 (1) fraud in the assistance programs; and
41-11 (2) the error rate in eligibility determination.
41-12 (d) This section expires September 1, 1997.
41-13 SECTION 5.08. INTEGRATED SERVICE DELIVERY. (a) Not later
41-14 than September 1, 1997, the commission shall develop, using
41-15 existing state, local, and private resources, an integrated
41-16 approach to the health and human service delivery system that
41-17 includes a cost-effective one-stop or service center method of
41-18 delivery to a client. The commission shall determine the
41-19 feasibility of using hospitals, schools, mental health and mental
41-20 retardation centers, health clinics, commercial locations in malls,
41-21 and other appropriate locations to achieve this integrated
41-22 approach.
41-23 (b) The health and human services agencies shall cooperate
41-24 with the commission in developing the integrated approach
41-25 prescribed by Subsection (a) of this section.
41-26 (c) This section expires September 1, 1997.
41-27 SECTION 5.09. CO-LOCATION OF OFFICES. Section 3.08, Chapter
42-1 15, Acts of the 72nd Legislature, 1st Called Session, 1991 (Article
42-2 4413(505), Vernon's Texas Civil Statutes), is amended to read as
42-3 follows:
42-4 Sec. 3.08. LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
42-5 (a) As leases on office space expire, the commission shall
42-6 determine the needs for space and the location of health and human
42-7 services agency offices to enable the commission to achieve a
42-8 cost-effective one-stop or service center method of health and
42-9 human service delivery. <The administrative heads of the health
42-10 and human service agencies shall review the agencies' current
42-11 office and facility arrangements and study the feasibility of
42-12 co-locating offices or facilities located in the same geographic
42-13 area and shall report back to the commission not later than
42-14 September 1, 1992.>
42-15 (b) <On receiving approval from the commission, the
42-16 administrative heads of two or more health and human service
42-17 agencies with offices or facilities located in the same geographic
42-18 region shall co-locate the offices or facilities if the results of
42-19 the study conducted under this section show that client access
42-20 would be enhanced, the cost of co-location is not greater than the
42-21 combined operating costs of the separate offices or facilities of
42-22 those agencies, and the co-location would improve the efficiency of
42-23 the delivery of services.>
42-24 <(c)> In this section, "health and human service agencies"
42-25 includes the:
42-26 (1) Interagency Council on Early Childhood
42-27 Intervention Services;
43-1 (2) Texas Department on Aging;
43-2 (3) Texas Commission on Alcohol and Drug Abuse;
43-3 (4) Texas Commission for the Blind;
43-4 (5) Texas Commission for the Deaf and Hearing
43-5 Impaired;
43-6 (6) Texas Department of Health;
43-7 (7) Texas Department of Human Services;
43-8 (8) Texas Juvenile Probation Commission;
43-9 (9) Texas Department of Mental Health and Mental
43-10 Retardation;
43-11 (10) Texas Rehabilitation Commission; and
43-12 (11) Department of Protective and Regulatory Services.
43-13 SECTION 5.10. LEASING OFFICE SPACE. Section 6.031(a),
43-14 Article 6, State Purchasing and General Services Act (Article 601b,
43-15 Vernon's Texas Civil Statutes), is amended to read as follows:
43-16 (a) Notwithstanding any other provision of this article, the
43-17 <The> commission may not lease office space to service the needs of
43-18 any <a single> health and human service agency unless the Health
43-19 and Human Services Commission has approved the office space for the
43-20 agency <agency can provide the commission with a reason for not
43-21 sharing the office space with one or more other health and human
43-22 service agencies>.
43-23 SECTION 5.11. STREAMLINING MEDICAID ELIGIBILITY
43-24 DETERMINATION. (a) The Health and Human Services Commission shall
43-25 expand its existing integrated eligibility pilot programs relating
43-26 to Medicaid eligibility to include the Harris County Hospital
43-27 District and The University of Texas Medical Branch at Galveston.
44-1 (b) A contract with the Harris County Hospital District or
44-2 The University of Texas Medical Branch at Galveston shall:
44-3 (1) specify performance-based measures to ensure error
44-4 rates are kept within acceptable federal limits; and
44-5 (2) authorize the district and medical branch to
44-6 simplify processes as much as possible and to use proprietary
44-7 software.
44-8 (c) The Texas Department of Human Services shall:
44-9 (1) develop the ability to accept automated file
44-10 information directly; and
44-11 (2) establish standards for other automated systems.
44-12 (d) The Health and Human Services Commission shall study the
44-13 feasibility of enabling contractors or agencies other than the
44-14 Texas Department of Human Services to provide or assist in the
44-15 provision of client eligibility studies, determinations, and
44-16 certifications. In determining feasibility, the commission shall
44-17 consider:
44-18 (1) error rates;
44-19 (2) the state's potential liability;
44-20 (3) expansion of the client population; and
44-21 (4) the federal single state agency restrictions.
44-22 SECTION 5.12. IMMUNIZATIONS FOR CHILDREN. Section 31.031,
44-23 Human Resources Code, is amended by adding Subsections (c), (d),
44-24 and (e) to read as follows:
44-25 (c) The department shall require the applicant to provide
44-26 proof to the department that each child for whom the applicant will
44-27 receive assistance:
45-1 (1) has been immunized in accordance with Section
45-2 161.004, Health and Safety Code;
45-3 (2) is currently receiving an immunization series in
45-4 accordance with Section 161.004, Health and Safety Code, if the
45-5 child is of sufficient age; or
45-6 (3) is exempted under Section 161.004(d), Health and
45-7 Safety Code.
45-8 (d) An applicant who cannot provide the proof required by
45-9 Subsection (c) at the time of application shall provide the proof
45-10 not later than the 180th day after the date the department
45-11 determines the applicant is eligible for financial assistance.
45-12 (e) The department by rule shall provide sanctions for a
45-13 financial assistance recipient's failure to comply with Subsection
45-14 (c) or (d).
45-15 ARTICLE 6. WAIVER; EFFECTIVE DATE; EMERGENCY
45-16 SECTION 6.01. WAIVER. If before implementing a provision of
45-17 this Act a state agency determines that a waiver or authorization
45-18 from a federal agency is necessary for implementation, the agency
45-19 shall request the waiver or authorization and may delay
45-20 implementing that provision until the waiver or authorization is
45-21 granted.
45-22 SECTION 6.02. EFFECTIVE DATE. Except as otherwise provided
45-23 by this Act, this Act takes effect September 1, 1995.
45-24 SECTION 6.03. EMERGENCY. The importance of this legislation
45-25 and the crowded condition of the calendars in both houses create an
45-26 emergency and an imperative public necessity that the
45-27 constitutional rule requiring bills to be read on three several
46-1 days in each house be suspended, and this rule is hereby suspended.