By Naishtat H.B. No. 2804 74R2315 CBH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to waivers and exemptions from certain regulations in the 1-3 field of health and human services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 4413(502), Revised Statutes, is amended 1-6 by adding Sections 14A and 14B to read as follows: 1-7 Sec. 14A. STATE WAIVERS. (a) Except as provided by 1-8 Subsection (d) of this section, a political subdivision of this 1-9 state may apply to the commissioner for a waiver of a requirement 1-10 or prohibition imposed by a state law or rule that is administered 1-11 by a health and human services agency. 1-12 (b) An application under this section must: 1-13 (1) have a clear focus; 1-14 (2) demonstrate that the waiver will improve consumer 1-15 health or facilitate access to services; 1-16 (3) demonstrate community involvement; and 1-17 (4) have a strong evaluation factor. 1-18 (c) The commissioner may grant a waiver under this section 1-19 only if the commissioner determines that the waiver is necessary to 1-20 improve consumer health or to facilitate access to services. The 1-21 commissioner may grant the waiver for a period not to exceed three 1-22 years. 1-23 (d) A political subdivision may not receive a waiver under 1-24 this section from a requirement: 2-1 (1) imposed by federal law or rule; 2-2 (2) relating to consumer health, safety, or civil 2-3 rights; or 2-4 (3) relating to conduct that constitutes a criminal 2-5 offense. 2-6 (e) The commissioner in considering a waiver request shall 2-7 provide as much regulatory relief as is practical and reasonable. 2-8 (f) The commissioner shall grant or deny a waiver request 2-9 not later than the 90th day after the date on which a completed 2-10 application is submitted. 2-11 Sec. 14B. FEDERAL WAIVERS AND EXEMPTIONS. (a) The 2-12 commission shall act as an advocate for necessary changes in 2-13 federal law or regulations. 2-14 (b) The commission shall work with political subdivisions of 2-15 this state to obtain federal exemptions and waivers to facilitate 2-16 innovative and effective health and human services programs. 2-17 SECTION 2. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.