By Hilderbran                                         H.B. No. 2208
       74R7647 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of transportation services to recipients
    1-3  of assistance or services under certain programs of health and
    1-4  human services agencies.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 141, Acts of the 63rd Legislature,
    1-7  Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
    1-8  Statutes), is amended by adding Section 15D to read as follows:
    1-9        Sec. 15D.  TRANSPORTATION SERVICES FOR PERSONS RECEIVING
   1-10  ASSISTANCE OR SERVICES FROM CERTAIN HEALTH AND HUMAN SERVICES
   1-11  AGENCIES.  (a)  In addition to the transportation services provided
   1-12  by an authority under Section 15C of this article, an authority
   1-13  shall, in accordance with federal law, provide transportation
   1-14  services to a person who:
   1-15              (1)  receives assistance or services under a federal
   1-16  program that is administered by a health and human services agency
   1-17  and that requires the state to provide transportation services to
   1-18  that person; and
   1-19              (2)  resides in an area served by the authority.
   1-20        (b)  An authority shall enter into a contract with a health
   1-21  and human services agency that administers a federal program
   1-22  described by Subsection (a)(1) of this section to provide the
   1-23  transportation services required by this section.  The terms of the
   1-24  contract must ensure that:
    2-1              (1)  the authority is required to provide
    2-2  transportation services only to a location that relates to the
    2-3  person's participation in the program and that is in the area
    2-4  served by the authority's authorized rate structure and existing
    2-5  services;
    2-6              (2)  the authority is required to provide directly to
    2-7  the agency trip vouchers for distribution by the agency to a person
    2-8  who is eligible to receive transportation services under this
    2-9  section;
   2-10              (3)  the agency reimburses the authority at the
   2-11  applicable federal match rate for allowable costs; and
   2-12              (4)  the agency may return to the authority for
   2-13  reimbursement any undistributed trip vouchers.
   2-14        (c)  An authority shall certify to the health and human
   2-15  services agency the amount of public funds expended by the
   2-16  authority under this section for the purpose of obtaining federal
   2-17  funds under a program described by Subsection (a)(1) of this
   2-18  section.
   2-19        (d)  In this section, "health and human services agency"
   2-20  means an agency listed in Section 19, Article 4413(502), Revised
   2-21  Statutes.
   2-22        SECTION 2.  Chapter 683, Acts of the 66th Legislature, 1979
   2-23  (Article 1118y, Vernon's Texas Civil Statutes), is amended by
   2-24  adding Section 21B to read as follows:
   2-25        Sec. 21B.  TRANSPORTATION SERVICES FOR PERSONS RECEIVING
   2-26  ASSISTANCE OR SERVICES FROM CERTAIN HEALTH AND HUMAN SERVICES
   2-27  AGENCIES.  (a)  In addition to the transportation services provided
    3-1  by an authority under Section 21A of this article, an authority
    3-2  shall, in accordance with federal law, provide transportation
    3-3  services to a person who:
    3-4              (1)  receives assistance or services under a federal
    3-5  program that is administered by a health and human services agency
    3-6  and that requires the state to provide transportation services to
    3-7  that person; and
    3-8              (2)  resides in an area served by the authority.
    3-9        (b)  An authority shall enter into a contract with a health
   3-10  and human services agency that administers a federal program
   3-11  described by Subsection (a)(1) of this section to provide the
   3-12  transportation services required by this section.  The terms of the
   3-13  contract must ensure that:
   3-14              (1)  the authority is required to provide
   3-15  transportation services only to a location that relates to the
   3-16  person's participation in the program and that is in the area
   3-17  served by the authority's authorized rate structure and existing
   3-18  services;
   3-19              (2)  the authority is required to provide directly to
   3-20  the agency trip vouchers for distribution by the agency to a person
   3-21  who is eligible to receive transportation services under this
   3-22  section;
   3-23              (3)  the agency reimburses the authority at the
   3-24  applicable federal match rate for allowable costs; and
   3-25              (4)  the agency may return to the authority for
   3-26  reimbursement any undistributed trip vouchers.
   3-27        (c)  An authority shall certify to the health and human
    4-1  services agency the amount of public funds expended by the
    4-2  authority under this section for the purpose of obtaining federal
    4-3  funds under a program described by Subsection (a)(1) of this
    4-4  section.
    4-5        (d)  In this section, "health and human services agency"
    4-6  means an agency listed in Section 19, Article 4413(502), Revised
    4-7  Statutes.
    4-8        SECTION 3.  Article 1118z, Revised Statutes, is amended by
    4-9  adding Section 6B to read as follows:
   4-10        Sec. 6B.  TRANSPORTATION SERVICES FOR PERSONS RECEIVING
   4-11  ASSISTANCE OR SERVICES FROM CERTAIN HEALTH AND HUMAN SERVICES
   4-12  AGENCIES.  (a)  In addition to the transportation services provided
   4-13  by an authority under Section 6A of this article, an authority
   4-14  shall, in accordance with federal law, provide transportation
   4-15  services to a person who:
   4-16              (1)  receives assistance or services under a federal
   4-17  program that is administered by a health and human services agency
   4-18  and that requires the state to provide transportation services to
   4-19  that person; and
   4-20              (2)  resides in an area served by the authority.
   4-21        (b)  An authority shall enter into a contract with a health
   4-22  and human services agency that administers a federal program
   4-23  described by Subsection (a)(1) of this section to provide the
   4-24  transportation services required by this section.  The terms of the
   4-25  contract must ensure that:
   4-26              (1)  the authority is required to provide
   4-27  transportation services only to a location that relates to the
    5-1  person's participation in the program and that is in the area
    5-2  served by the authority's authorized rate structure and existing
    5-3  services;
    5-4              (2)  the authority is required to provide directly to
    5-5  the agency trip vouchers for distribution by the agency to a person
    5-6  who is eligible to receive transportation services under this
    5-7  section;
    5-8              (3)  the agency reimburses the authority at the
    5-9  applicable federal match rate for allowable costs; and
   5-10              (4)  the agency may return to the authority for
   5-11  reimbursement any undistributed trip vouchers.
   5-12        (c)  An authority shall certify to the health and human
   5-13  services agency the amount of public funds expended by the
   5-14  authority under this section for the purpose of obtaining federal
   5-15  funds under a program described by Subsection (a)(1) of this
   5-16  section.
   5-17        (d)  In this section, "health and human services agency"
   5-18  means an agency listed in Section 19, Article 4413(502), Revised
   5-19  Statutes.
   5-20        SECTION 4.  If, before implementing the requirements of
   5-21  Sections 1, 2, and 3 of this Act, the Health and Human Services
   5-22  Commission determines that a waiver or authorization from a federal
   5-23  agency is necessary for implementation, the Health and Human
   5-24  Services Commission shall request the waiver or authorization, and
   5-25  the commission and each mass transit authority or department may
   5-26  delay implementing those provisions until the waiver or
   5-27  authorization is granted.
    6-1        SECTION 5.  This Act takes effect September 1, 1995.
    6-2        SECTION 6.  The importance of this legislation and the
    6-3  crowded condition of the calendars in both houses create an
    6-4  emergency and an imperative public necessity that the
    6-5  constitutional rule requiring bills to be read on three several
    6-6  days in each house be suspended, and this rule is hereby suspended.