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