By Hilderbran                                         H.B. No. 2891
       74R3310 ESH-D
                                 A BILL TO BE ENTITLED
    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:
    7-2              (1)  the manner in which the department has provided
    7-3  services under the program to elderly persons entitled to priority
    7-4  under Section 101.043(a); and
    7-5              (2)  the effect on needy elderly persons of restricting
    7-6  income guidelines for services under the program.
    7-7        (c)  The report must be submitted not later than November 1
    7-8  of each even-numbered year.  The report may be combined with the
    7-9  report required by Section 101.008.
   7-10        SECTION 13.  Section 101.062, Human Resources Code, is
   7-11  amended to read as follows:
   7-12        Sec. 101.062.  ANNUAL REPORT.  (a)  The office shall prepare
   7-13  an annual report that contains:
   7-14              (1)  information and findings relating to the problems
   7-15  and complaints of elderly residents; and
   7-16              (2)  policy, regulatory, and legislative
   7-17  recommendations to solve the problems, resolve the complaints, and
   7-18  improve the quality of the elderly residents' care and lives.
   7-19        (b)  The report must be submitted to the governor and the
   7-20  presiding officer of each house of the legislature not later than
   7-21  November 1 of each even-numbered year.  The report may be combined
   7-22  with the report required by Section 101.008.
   7-23        SECTION 14.  Section 122.018(a), Human Resources Code, is
   7-24  amended to read as follows:
   7-25        (a)  On or before November <January> 1 of each year, the
   7-26  committee shall file with the governor and the presiding officer of
   7-27  each house of the legislature a complete and detailed written
    8-1  report accounting for all funds received and disbursed by the
    8-2  committee during the preceding year.
    8-3        SECTION 15.  Section 131.002, Human Resources Code, is
    8-4  amended to conform to Section 14, Chapter 747, Acts of the 73rd
    8-5  Legislature, Regular Session, 1993, and is amended to read as
    8-6  follows:
    8-7        Sec. 131.002.  POWERS AND DUTIES.  (a)  The office shall:
    8-8              (1)  collect data on health and human services client
    8-9  transportation needs, services, and expenditures;
   8-10              (2)  create a statewide coordination plan regarding a
   8-11  system of transportation for clients of health and human services
   8-12  agencies, including the designation of local transportation
   8-13  coordinators;
   8-14              (3)  establish standards of reporting and accounting
   8-15  methods for all agencies providing health and human services client
   8-16  transportation;
   8-17              (4)  maximize federal funds for client transportation
   8-18  through the use of available state funds for matching purposes and
   8-19  the possible use of oil overcharge money and planning funds
   8-20  available through the federal department of transportation;
   8-21              (5)  evaluate the effectiveness of pooling client
   8-22  transportation resources for capital acquisition and the joint
   8-23  purchase of liability insurance;
   8-24              (6)  assist state agencies in coordinating
   8-25  transportation resources;
   8-26              (7)  ensure coordination between the office and the
   8-27  Texas Department of Transportation with regard to the use of funds
    9-1  received by the department under 49 U.S.C. Section 1612(b)(1);
    9-2              (8)  examine the feasibility of consolidating all
    9-3  funding for health and human services client transportation and
    9-4  creating a transportation system through which clients of a state
    9-5  or local agency or program could be matched with the most
    9-6  cost-effective and appropriate transportation services for their
    9-7  needs; <and>
    9-8              (9)  evaluate the use of existing computer software for
    9-9  use at the local level in client transportation services; and
   9-10              (10)  review the feasibility of taking medical care to
   9-11  those in need, including the use of mobile clinics, and review the
   9-12  possibility of using federal highway funds for those transportation
   9-13  needs.
   9-14        (b)  The Health and Human Services Transportation and
   9-15  Planning Office shall coordinate with the Health and Human Services
   9-16  Commission and health and human services agencies in implementing
   9-17  the goals listed in Section 10(b), Article 4413(502), Revised
   9-18  Statutes.  The office shall report its findings and proposals to
   9-19  the governor, the Legislative Budget Board, the secretary of state,
   9-20  and the commissioner of health and human services not later than
   9-21  September 1 of each even-numbered year.
   9-22        SECTION 16.  Section 141.0475(a), Human Resources Code, is
   9-23  amended to read as follows:
   9-24        (a)  The commission and the Texas Department of Human
   9-25  Services shall maintain a joint memorandum of understanding to
   9-26  coordinate local-level interagency service delivery to runaways.
   9-27  The memorandum must:
   10-1              (1)  require local county-level agreements to be signed
   10-2  by the department and local juvenile probation offices receiving
   10-3  state aid and to be updated annually that:
   10-4                    (A)  designate the entity responsible for initial
   10-5  assessment for the service needs for runaways;
   10-6                    (B)  require joint investigations on request of
   10-7  either entity when abuse or neglect is suspected and jurisdiction
   10-8  is unclear;
   10-9                    (C)  require the local offices of the two
  10-10  entities to contact each other before a runaway case file is
  10-11  closed;
  10-12                    (D)  provide for a plan to develop additional
  10-13  voluntary and purchased community resources for runaways;
  10-14                    (E)  provide a plan to coordinate services for
  10-15  runaways with law enforcement and local school districts; and
  10-16                    (F)  provide for each local entity to jointly
  10-17  present a plan to the commissioners of a county with a high number
  10-18  of runaways for developing or contracting for emergency services
  10-19  for runaways that includes a specific request for funding for
  10-20  needed services for runaways and their families and encourages and
  10-21  allows intercounty efforts to provide services for runaway
  10-22  children;
  10-23              (2)  provide for the development of a model cooperative
  10-24  agreement to be distributed to local agencies;
  10-25              (3)  designate the number of runaways for each county
  10-26  that shall be considered as a high number;
  10-27              (4)  provide for a procedure in which foster homes may
   11-1  be dually licensed or approved by both the department and the local
   11-2  juvenile probation department to serve runaways; and
   11-3              (5)  require both agencies to report, as part of the
   11-4  reports required by Sections 21.011 and 141.024,  <annually to the
   11-5  governor, lieutenant governor, and speaker of the house of
   11-6  representatives> regarding:
   11-7                    (A)  the types of services offered to runaways
   11-8  and their families;
   11-9                    (B)  the number of runaways and families
  11-10  receiving each type of service; and
  11-11                    (C)  the number of runaways and families who were
  11-12  eligible to receive each service but who were not served because of
  11-13  staff or resource shortfalls.
  11-14        SECTION 17.  Subchapter F, Chapter 552, Government Code, is
  11-15  amended by adding Section 552.270 to read as follows:
  11-16        Sec. 552.270.  REPORT BY STATE AGENCY ON COST OF COPIES.  (a)
  11-17  Not later than December 1 of each even-numbered year, each state
  11-18  agency shall file a report with the Legislative Budget Board,
  11-19  comptroller, and General Services Commission describing the
  11-20  agency's procedures for charging and collecting fees for copies of
  11-21  public records.
  11-22        (b)  In this section, "state agency" has the meaning assigned
  11-23  by Sections 1.02(2)(A) and (C), State Purchasing and General
  11-24  Services Act (Article 601b, Vernon's Texas Civil Statutes).
  11-25        SECTION 18.  Section 2052.001, Government Code, is amended by
  11-26  adding Subsection (c) to read as follows:
  11-27        (c)  On receipt of a report under Subsection (a), the
   12-1  secretary of state shall send a copy to each of the standing
   12-2  committees of the senate and house of representatives having
   12-3  primary jurisdiction over the state agency that submitted the
   12-4  report.
   12-5        SECTION 19.  Section 2052.003, Government Code, is amended to
   12-6  read as follows:
   12-7        Sec. 2052.003.  REPORT ON EQUAL EMPLOYMENT OPPORTUNITIES <OF
   12-8  HANDICAPPED>.  (a)  A state agency that sends to the governor an
   12-9  annual report on equal employment opportunities with the agency
  12-10  shall include in the statistical information of the report
  12-11  information relating to the number of:
  12-12              (1)  <handicapped> individuals with disabilities whom
  12-13  <that> the agency employs; and
  12-14              (2)  individuals for whom state or federal guidelines
  12-15  encourage a more equitable balance whom the agency employs.
  12-16        (b)  In this section, "individual with a disability"
  12-17  <"handicapped individual"> means an individual who has:
  12-18              (1)  a mental disability or impairment, including
  12-19  mental retardation; or
  12-20              (2)  a physical disability <handicap> or impairment,
  12-21  including:
  12-22                    (A)  an impairment <mental retardation, hardness>
  12-23  of hearing, <deafness, a> speech, or vision;
  12-24                    (B)  <impairment,> blindness;
  12-25                    (C)  deafness; <,> or
  12-26                    (D)  a crippling condition that requires special
  12-27  ambulatory devices or services.
   13-1        (c)  The term "individual with a disability" does not include
   13-2  an individual whose sole disability <handicap> or impairment is
   13-3  addiction to the use of alcohol or to a drug or other controlled
   13-4  substance.
   13-5        SECTION 20.  Article 4413(502), Revised Statutes, is amended
   13-6  by adding Section 22 to read as follows:
   13-7        Sec. 22.  LONG-TERM CARE STATE PLAN FOR THE ELDERLY.
   13-8  (a)  The commission shall:
   13-9              (1)  revise, update, and review the implementation of
  13-10  the long-term care state plan for the elderly and submit biennial
  13-11  reports to the governor and the legislature;
  13-12              (2)  review issues concerning long-term care for the
  13-13  elderly and develop appropriate policy recommendations for the
  13-14  state; and
  13-15              (3)  encourage cooperative, comprehensive, and
  13-16  complementary planning among the public, private, and volunteer
  13-17  sectors for the provision of long-term care services.
  13-18        (b)  The Texas Department on Aging, the Texas Department of
  13-19  Human Services, the Texas Department of Health, and the Texas
  13-20  Department of Mental Health and Mental Retardation shall adopt a
  13-21  memorandum of understanding that clearly defines the
  13-22  responsibilities of each agency in biennially revising and updating
  13-23  the Texas long-term care state plan for the elderly.
  13-24        (c)  Not later than the last month of each state fiscal year,
  13-25  the agencies listed in Subsection (b) of this section shall review
  13-26  and update the memorandum.
  13-27        (d)  Each agency by rule shall adopt the memorandum of
   14-1  understanding and all revisions to the memorandum.
   14-2        SECTION 21.  Article 4413(503), Revised Statutes, is amended
   14-3  by adding Section 16 to read as follows:
   14-4        Sec. 16.   REPORTS.  A report required by law concerning the
   14-5  department's expenditures must include fees for professional
   14-6  services or consultative services provided for the general
   14-7  administration of the department but may not include:
   14-8              (1)  professional fees paid for routine or special
   14-9  examinations for the purpose of determining eligibility of
  14-10  individuals for a program administered by the department;
  14-11              (2)  professional fees for treatment, services, or care
  14-12  for individual recipients; or
  14-13              (3)  fees for providing special needs or appliances for
  14-14  individual recipients.
  14-15        SECTION 22.  Section 20, Licensed Professional Counselor Act
  14-16  (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
  14-17  as follows:
  14-18        Sec. 20.  ANNUAL REPORT.  As part of the report required by
  14-19  Section 11.017, Health and Safety Code, the Texas Board of Health
  14-20  shall include <Not later than the 90th day after the last day of
  14-21  each state fiscal year, the board shall submit to the governor,
  14-22  lieutenant governor, and speaker of the house> a report about the
  14-23  activities of the Texas State Board of Examiners of Professional
  14-24  Counselors <board> during the preceding fiscal year.
  14-25        SECTION 23.  Not later than November 1, 1996, the Texas
  14-26  Department of Human Services shall report to the standing
  14-27  committees of the senate and the house of representatives having
   15-1  primary jurisdiction over the department on the status of the pilot
   15-2  program required by Chapter 830, Acts of the 73rd Legislature,
   15-3  Regular Session, 1993.  The department shall notify each member of
   15-4  the legislature of the report and shall provide a copy of the
   15-5  report to each member who requests one.
   15-6        SECTION 24.  The following provisions are repealed:
   15-7              (1)  Sections 21.0051(d), 31.013, 81.008(e), 81.011,
   15-8  91.017(b), 101.022(f), 101.031, Human Resources Code;
   15-9              (2)  Section 8(f), Article 4413(502), Revised Statutes;
  15-10              (3)  Section 10(f), Article 4413(503), Revised
  15-11  Statutes; and
  15-12              (4)  Section 14, Chapter 747, Acts of the 73rd
  15-13  Legislature, Regular Session, 1993.
  15-14        SECTION 25.  This Act takes effect September 1, 1995.
  15-15        SECTION 26.  The importance of this legislation and the
  15-16  crowded condition of the calendars in both houses create an
  15-17  emergency and an imperative public necessity that the
  15-18  constitutional rule requiring bills to be read on three several
  15-19  days in each house be suspended, and this rule is hereby suspended.
  15-20                       COMMITTEE AMENDMENT NO. 1
  15-21        1.  On page 7, line 1, strike the ":" at the end of the line;
  15-22  on line 2, strike the subsection number "(1)"; on line 4, strike ";
  15-23  and"; and on lines 5-6, strike all of subsection (2).
  15-24        EXPLANATION:  to clarify the contents of the report on the
  15-25  Options for Independent Living program.
  15-26        2.  On page 9, lines 24-25, strike "Texas Department of Human
  15-27  Services" and substitute "Department of Protective and Regulatory
   16-1  Services"
   16-2        3.  On page 11, line 4, strike "Sections 21.011 and 141.024"
   16-3  and substitute "Article 4413(503), Revised Statutes, and Section
   16-4  141.024, Human Resources Code"
   16-5        EXPLANATION:  to correct drafting error by Legislative
   16-6  Counsel
   16-7                                                             Naishtat