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.