H.B. No. 2891
1-1 AN ACT
1-2 relating to reports to the legislature by state health and human
1-3 services agencies and to the long-term care state plan for the
1-4 elderly.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 21.011, Human Resources Code, is amended
1-7 by adding Subsection (c) to read as follows:
1-8 (c) The report required by Subsection (b) must include fees
1-9 for professional services or consultative services provided for the
1-10 general administration of the department but may not include:
1-11 (1) professional fees paid for routine or special
1-12 examinations for the purpose of determining eligibility of
1-13 individuals for a program administered by the department;
1-14 (2) professional fees for treatment, services, or care
1-15 for individual recipients; or
1-16 (3) fees for providing special needs or appliances for
1-17 individual recipients.
1-18 SECTION 2. Section 33.002(d), Human Resources Code, is
1-19 amended to read as follows:
1-20 (d) The department shall continually monitor the expedited
1-21 issuance of food stamp benefits to ensure that each region in the
1-22 state complies with federal regulations and that those households
1-23 eligible for expedited issuance are identified, processed, and
1-24 certified within the timeframes prescribed within the federal
2-1 regulations. As soon as practicable after the end of each fiscal
2-2 <Once each> year, the department shall <also present a> report to
2-3 the Governor's Office of Budget and Planning <governor>, the
2-4 Legislative Budget Board, the state auditor <legislature>, and the
2-5 department's board members regarding its monitoring of expedited
2-6 issuance and the degree of compliance with federal regulations on a
2-7 region-by-region basis. The department shall notify members of the
2-8 legislature and the standing committees of the senate and house of
2-9 representatives having primary jurisdiction over the department of
2-10 the filing of the report.
2-11 SECTION 3. Section 33.024(j), Human Resources Code, is
2-12 amended to read as follows:
2-13 (j) Not later than November 1 of each even-numbered year,
2-14 the <The> department and the agency shall provide to the Governor's
2-15 Office of Budget and Planning, the Legislative Budget Board, and
2-16 the state auditor a report that includes <74th Legislature and 75th
2-17 Legislature biennial reports which shall include> a listing of
2-18 school districts identified as described in Subsection (c) that
2-19 <which> have become sponsors of a summer program. The report must
2-20 <reports shall> also include a listing of identified school
2-21 districts that failed to satisfy the requirements of this section.
2-22 The report must <reports shall> also include the costs, above
2-23 federal funds, incurred by the school districts and the state in
2-24 order to comply with this section. The department shall notify
2-25 members of the legislature and the standing committees of the
2-26 senate and house of representatives having primary jurisdiction
2-27 over the department of the filing of the report.
3-1 SECTION 4. The heading to Chapter 50, Human Resources Code,
3-2 is amended to read as follows:
3-3 CHAPTER 50. LICENSING <CERTIFICATION>
3-4 SECTION 5. Section 50.007, Human Resources Code, is amended
3-5 to read as follows:
3-6 Sec. 50.007. ANNUAL REPORT. The <As part of the annual
3-7 report required by Section 21.011 of this code, the> commissioner
3-8 of public health shall file with the governor and the presiding
3-9 officer of each house of the legislature <include> a written report
3-10 regarding the department's work in licensing <certifying> social
3-11 workers during the preceding fiscal year. The report must be filed
3-12 not later than November 1 of each year.
3-13 SECTION 6. Section 51.006, Human Resources Code, is amended
3-14 to read as follows:
3-15 Sec. 51.006. REPORT. Not later than November 1 of each
3-16 even-numbered year <Prior to each regular session of the
3-17 legislature>, the department shall publish a report that summarizes
3-18 reports from family violence shelter centers under contract with
3-19 the department and that analyzes the effectiveness of the contracts
3-20 authorized by this chapter. The reports must include information
3-21 on the expenditure of funds authorized under this chapter, the
3-22 services provided, the number of persons for whom a service was
3-23 provided, and any other information relating to the provision of
3-24 family violence services. The report may be combined with the
3-25 report required by Section 21.011. Copies of the report shall be
3-26 submitted to the governor, the lieutenant governor, the speaker of
3-27 the house of representatives, the Legislative Budget Board, and the
4-1 standing committees of the senate and house of representatives
4-2 having primary jurisdiction over the department <the Senate
4-3 Committee on Human Resources, and the House Committee on Human
4-4 Services or their successor committees>.
4-5 SECTION 7. Section 91.012(c), Human Resources Code, is
4-6 amended to read as follows:
4-7 (c) The executive director shall<:>
4-8 <(1)> adopt personnel policies<;>
4-9 <(2) prepare and submit to the commission an annual
4-10 report of commission activities and expenditures; and>
4-11 <(3) before each regular session of the legislature,
4-12 estimate the amount of funds necessary to administer commission
4-13 programs and the amount available from all sources for those
4-14 purposes>.
4-15 SECTION 8. Section 91.053(b), Human Resources Code, is
4-16 amended to read as follows:
4-17 (b) The commission shall negotiate agreements or plans with
4-18 the federal government and shall adopt efficient methods of
4-19 administration and comply with other conditions required to secure
4-20 the full benefits of the federal laws. If the commission
4-21 determines that a provision of state law precludes conformity with
4-22 a federal requirement and limits federal financial support, the
4-23 commission:
4-24 (1) may waive or modify the state law to the extent
4-25 necessary to obtain the full benefits of the federal law; and
4-26 (2) shall include in the report required by Section
4-27 91.019 a description of the manner in which state law conflicts
5-1 with federal law.
5-2 SECTION 9. Section 101.0061(f), Human Resources Code, is
5-3 amended to read as follows:
5-4 (f) The executive director or the executive director's
5-5 designee shall prepare and maintain a written policy statement to
5-6 assure implementation of a program of equal employment opportunity
5-7 whereby all personnel transactions are made without regard to race,
5-8 color, disability <handicap>, sex, religion, age, or national
5-9 origin. The policy statement must include:
5-10 (1) personnel policies, including policies relating to
5-11 recruitment, evaluation, selection, appointment, training, and
5-12 promotion of personnel;
5-13 (2) a comprehensive analysis of the agency work force
5-14 that meets federal and state guidelines;
5-15 (3) procedures by which a determination can be made of
5-16 significant underuse in the agency work force of all persons for
5-17 whom federal or state guidelines encourage a more equitable
5-18 balance; and
5-19 (4) reasonable methods to appropriately address areas
5-20 of significant underuse in the agency work force of all persons for
5-21 whom federal or state guidelines encourage a more equitable
5-22 balance. <The policy statement shall be filed with the governor's
5-23 office before November 1, 1985, cover an annual period, and be
5-24 updated at least annually. The governor's office shall develop a
5-25 biennial report to the legislature based on the information
5-26 submitted. The report may be made separately or as a part of other
5-27 biennial reports made to the legislature.>
6-1 SECTION 10. Section 101.008(c), Human Resources Code, is
6-2 amended to read as follows:
6-3 (c) The board shall file annually with the governor and the
6-4 presiding officer of each house of the legislature a complete and
6-5 detailed written report accounting for all funds received and
6-6 disbursed by the board during the preceding year. The form of the
6-7 annual report and the reporting time shall be that provided in the
6-8 General Appropriations Act. The report must include information
6-9 concerning the amount of matching funds required for federal grants
6-10 to local retired senior volunteer programs.
6-11 SECTION 11. Subchapter B, Chapter 101, Human Resources Code,
6-12 is amended by adding Section 101.0252 to read as follows:
6-13 Sec. 101.0252. REPORT ON UNIT COSTS. The department shall
6-14 file with the Legislative Budget Board and the Governor's Office of
6-15 Budget and Planning a report that clearly identifies the unit cost
6-16 of each service, other than services related to community service
6-17 volunteering and subsidized employment services, provided by an
6-18 area agency on aging. The report must be filed twice each year on
6-19 or before the date specified by the Legislative Budget Board. The
6-20 report must be in the form required by the Legislative Budget
6-21 Board.
6-22 SECTION 12. Section 101.049, Human Resources Code, is
6-23 amended to read as follows:
6-24 Sec. 101.049. ANNUAL REPORT <DEPARTMENT REPORTS>. (a) The
6-25 department shall annually report <submit periodic reports> on the
6-26 program to the governor and the presiding officer of each house of
6-27 the legislature.
7-1 (b) The report must include information concerning the
7-2 manner in which the department has provided services under the
7-3 program to elderly persons entitled to priority under Section
7-4 101.043(a).
7-5 (c) The report must be submitted not later than November 1
7-6 of each even-numbered year. The report may be combined with the
7-7 report required by Section 101.008.
7-8 SECTION 13. Section 101.062, Human Resources Code, is
7-9 amended to read as follows:
7-10 Sec. 101.062. ANNUAL REPORT. (a) The office shall prepare
7-11 an annual report that contains:
7-12 (1) information and findings relating to the problems
7-13 and complaints of elderly residents; and
7-14 (2) policy, regulatory, and legislative
7-15 recommendations to solve the problems, resolve the complaints, and
7-16 improve the quality of the elderly residents' care and lives.
7-17 (b) The report must be submitted to the governor and the
7-18 presiding officer of each house of the legislature not later than
7-19 November 1 of each even-numbered year. The report may be combined
7-20 with the report required by Section 101.008.
7-21 SECTION 14. Section 122.018(a), Human Resources Code, is
7-22 amended to read as follows:
7-23 (a) On or before November <January> 1 of each year, the
7-24 committee shall file with the governor and the presiding officer of
7-25 each house of the legislature a complete and detailed written
7-26 report accounting for all funds received and disbursed by the
7-27 committee during the preceding year.
8-1 SECTION 15. Section 131.002, Human Resources Code, is
8-2 amended to conform to Section 14, Chapter 747, Acts of the 73rd
8-3 Legislature, Regular Session, 1993, and is amended to read as
8-4 follows:
8-5 Sec. 131.002. POWERS AND DUTIES. (a) The office shall:
8-6 (1) collect data on health and human services client
8-7 transportation needs, services, and expenditures;
8-8 (2) create a statewide coordination plan regarding a
8-9 system of transportation for clients of health and human services
8-10 agencies, including the designation of local transportation
8-11 coordinators;
8-12 (3) establish standards of reporting and accounting
8-13 methods for all agencies providing health and human services client
8-14 transportation;
8-15 (4) maximize federal funds for client transportation
8-16 through the use of available state funds for matching purposes and
8-17 the possible use of oil overcharge money and planning funds
8-18 available through the federal department of transportation;
8-19 (5) evaluate the effectiveness of pooling client
8-20 transportation resources for capital acquisition and the joint
8-21 purchase of liability insurance;
8-22 (6) assist state agencies in coordinating
8-23 transportation resources;
8-24 (7) ensure coordination between the office and the
8-25 Texas Department of Transportation with regard to the use of funds
8-26 received by the department under 49 U.S.C. Section 1612(b)(1);
8-27 (8) examine the feasibility of consolidating all
9-1 funding for health and human services client transportation and
9-2 creating a transportation system through which clients of a state
9-3 or local agency or program could be matched with the most
9-4 cost-effective and appropriate transportation services for their
9-5 needs; <and>
9-6 (9) evaluate the use of existing computer software for
9-7 use at the local level in client transportation services; and
9-8 (10) review the feasibility of taking medical care to
9-9 those in need, including the use of mobile clinics, and review the
9-10 possibility of using federal highway funds for those transportation
9-11 needs.
9-12 (b) The Health and Human Services Transportation and
9-13 Planning Office shall coordinate with the Health and Human Services
9-14 Commission and health and human services agencies in implementing
9-15 the goals listed in Section 10(b), Article 4413(502), Revised
9-16 Statutes. The office shall report its findings and proposals to
9-17 the governor, the Legislative Budget Board, the secretary of state,
9-18 and the commissioner of health and human services not later than
9-19 September 1 of each even-numbered year.
9-20 SECTION 16. Section 141.0475(a), Human Resources Code, is
9-21 amended to read as follows:
9-22 (a) The commission and the <Texas> Department of Protective
9-23 and Regulatory <Human> Services shall maintain a joint memorandum
9-24 of understanding to coordinate local-level interagency service
9-25 delivery to runaways. The memorandum must:
9-26 (1) require local county-level agreements to be signed
9-27 by the department and local juvenile probation offices receiving
10-1 state aid and to be updated annually that:
10-2 (A) designate the entity responsible for initial
10-3 assessment for the service needs for runaways;
10-4 (B) require joint investigations on request of
10-5 either entity when abuse or neglect is suspected and jurisdiction
10-6 is unclear;
10-7 (C) require the local offices of the two
10-8 entities to contact each other before a runaway case file is
10-9 closed;
10-10 (D) provide for a plan to develop additional
10-11 voluntary and purchased community resources for runaways;
10-12 (E) provide a plan to coordinate services for
10-13 runaways with law enforcement and local school districts; and
10-14 (F) provide for each local entity to jointly
10-15 present a plan to the commissioners of a county with a high number
10-16 of runaways for developing or contracting for emergency services
10-17 for runaways that includes a specific request for funding for
10-18 needed services for runaways and their families and encourages and
10-19 allows intercounty efforts to provide services for runaway
10-20 children;
10-21 (2) provide for the development of a model cooperative
10-22 agreement to be distributed to local agencies;
10-23 (3) designate the number of runaways for each county
10-24 that shall be considered as a high number;
10-25 (4) provide for a procedure in which foster homes may
10-26 be dually licensed or approved by both the department and the local
10-27 juvenile probation department to serve runaways; and
11-1 (5) require both agencies to report, as part of the
11-2 reports required by Article 4413(503), Revised Statutes, and
11-3 Section 141.024, Human Resources Code <annually to the governor,
11-4 lieutenant governor, and speaker of the house of representatives>
11-5 regarding:
11-6 (A) the types of services offered to runaways
11-7 and their families;
11-8 (B) the number of runaways and families
11-9 receiving each type of service; and
11-10 (C) the number of runaways and families who were
11-11 eligible to receive each service but who were not served because of
11-12 staff or resource shortfalls.
11-13 SECTION 17. Subchapter F, Chapter 552, Government Code, is
11-14 amended by adding Section 552.270 to read as follows:
11-15 Sec. 552.270. REPORT BY STATE AGENCY ON COST OF COPIES. (a)
11-16 Not later than December 1 of each even-numbered year, each state
11-17 agency shall file a report with the Legislative Budget Board,
11-18 comptroller, and General Services Commission describing the
11-19 agency's procedures for charging and collecting fees for copies of
11-20 public records.
11-21 (b) In this section, "state agency" has the meaning assigned
11-22 by Sections 1.02(2)(A) and (C), State Purchasing and General
11-23 Services Act (Article 601b, Vernon's Texas Civil Statutes).
11-24 SECTION 18. Section 2052.001, Government Code, is amended by
11-25 adding Subsection (c) to read as follows:
11-26 (c) On receipt of a report under Subsection (a), the
11-27 secretary of state shall send a copy to each of the standing
12-1 committees of the senate and house of representatives having
12-2 primary jurisdiction over the state agency that submitted the
12-3 report.
12-4 SECTION 19. Section 2052.003, Government Code, is amended to
12-5 read as follows:
12-6 Sec. 2052.003. REPORT ON EQUAL EMPLOYMENT OPPORTUNITIES <OF
12-7 HANDICAPPED>. (a) A state agency that sends to the governor an
12-8 annual report on equal employment opportunities with the agency
12-9 shall include in the statistical information of the report
12-10 information relating to the number of:
12-11 (1) <handicapped> individuals with disabilities whom
12-12 <that> the agency employs; and
12-13 (2) individuals for whom state or federal guidelines
12-14 encourage a more equitable balance whom the agency employs.
12-15 (b) In this section, "individual with a disability"
12-16 <"handicapped individual"> means an individual who has:
12-17 (1) a mental disability or impairment, including
12-18 mental retardation; or
12-19 (2) a physical disability <handicap> or impairment,
12-20 including:
12-21 (A) an impairment <mental retardation, hardness>
12-22 of hearing, <deafness, a> speech, or vision;
12-23 (B) <impairment,> blindness;
12-24 (C) deafness; <,> or
12-25 (D) a crippling condition that requires special
12-26 ambulatory devices or services.
12-27 (c) The term "individual with a disability" does not include
13-1 an individual whose sole disability <handicap> or impairment is
13-2 addiction to the use of alcohol or to a drug or other controlled
13-3 substance.
13-4 SECTION 20. Article 4413(503), Revised Statutes, is amended
13-5 by adding Section 16 to read as follows:
13-6 Sec. 16. REPORTS. A report required by law concerning the
13-7 department's expenditures must include fees for professional
13-8 services or consultative services provided for the general
13-9 administration of the department but may not include:
13-10 (1) professional fees paid for routine or special
13-11 examinations for the purpose of determining eligibility of
13-12 individuals for a program administered by the department;
13-13 (2) professional fees for treatment, services, or care
13-14 for individual recipients; or
13-15 (3) fees for providing special needs or appliances for
13-16 individual recipients.
13-17 SECTION 21. Section 20, Licensed Professional Counselor Act
13-18 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
13-19 as follows:
13-20 Sec. 20. ANNUAL REPORT. As part of the report required by
13-21 Section 11.017, Health and Safety Code, the Texas Board of Health
13-22 shall include <Not later than the 90th day after the last day of
13-23 each state fiscal year, the board shall submit to the governor,
13-24 lieutenant governor, and speaker of the house> a report about the
13-25 activities of the Texas State Board of Examiners of Professional
13-26 Counselors <board> during the preceding fiscal year.
13-27 SECTION 22. Not later than November 1, 1996, the Texas
14-1 Department of Human Services shall report to the standing
14-2 committees of the senate and the house of representatives having
14-3 primary jurisdiction over the department on the status of the pilot
14-4 program required by Chapter 830, Acts of the 73rd Legislature,
14-5 Regular Session, 1993. The department shall notify each member of
14-6 the legislature of the report and shall provide a copy of the
14-7 report to each member who requests one.
14-8 SECTION 23. The following provisions are repealed:
14-9 (1) Sections 21.0051(d), 31.013, 81.008(e), 81.011,
14-10 91.017(b), 101.022(f), 101.031, Human Resources Code;
14-11 (2) Section 8(f), Article 4413(502), Revised Statutes;
14-12 (3) Section 10(f), Article 4413(503), Revised
14-13 Statutes; and
14-14 (4) Section 14, Chapter 747, Acts of the 73rd
14-15 Legislature, Regular Session, 1993.
14-16 SECTION 24. This Act takes effect September 1, 1995.
14-17 SECTION 25. The importance of this legislation and the
14-18 crowded condition of the calendars in both houses create an
14-19 emergency and an imperative public necessity that the
14-20 constitutional rule requiring bills to be read on three several
14-21 days in each house be suspended, and this rule is hereby suspended.