1-1  By:  Hilderbran (Senate Sponsor - Zaffirini)          H.B. No. 2891
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 18, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 23, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 5, Nays
    1-6  0; May 23, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 2891               By:  Zaffirini
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to reports to the legislature by state health and human
   1-11  services agencies and to the long-term care state plan for the
   1-12  elderly.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 21.011, Human Resources Code, is amended
   1-15  by adding Subsection (c) to read as follows:
   1-16        (c)  The report required by Subsection (b) must include fees
   1-17  for professional services or consultative services provided for the
   1-18  general administration of the department but may not include:
   1-19              (1)  professional fees paid for routine or special
   1-20  examinations for the purpose of determining eligibility of
   1-21  individuals for a program administered by the department;
   1-22              (2)  professional fees for treatment, services, or care
   1-23  for individual recipients; or
   1-24              (3)  fees for providing special needs or appliances for
   1-25  individual recipients.
   1-26        SECTION 2.  Section 33.002(d), Human Resources Code, is
   1-27  amended to read as follows:
   1-28        (d)  The department shall continually monitor the expedited
   1-29  issuance of food stamp benefits to ensure that each region in the
   1-30  state complies with federal regulations and that those households
   1-31  eligible for expedited issuance are identified, processed, and
   1-32  certified within the timeframes prescribed within the federal
   1-33  regulations.  As soon as practicable after the end of each fiscal
   1-34  <Once each> year, the department shall <also present a> report to
   1-35  the Governor's Office of Budget and Planning <governor>, the
   1-36  Legislative Budget Board, the state auditor <legislature>, and the
   1-37  department's board members regarding its monitoring of expedited
   1-38  issuance and the degree of compliance with federal regulations on a
   1-39  region-by-region basis.  The department shall notify members of the
   1-40  legislature and the standing committees of the senate and house of
   1-41  representatives having primary jurisdiction over the department of
   1-42  the filing of the report.
   1-43        SECTION 3.  Section 33.024(j), Human Resources Code, is
   1-44  amended to read as follows:
   1-45        (j)  Not later than November 1 of each even-numbered year,
   1-46  the <The> department and the agency shall provide to the Governor's
   1-47  Office of Budget and Planning, the Legislative Budget Board, and
   1-48  the state auditor a report that includes <74th Legislature and 75th
   1-49  Legislature biennial reports which shall include> a listing of
   1-50  school districts identified as described in Subsection (c) that
   1-51  <which> have become sponsors of a summer program.  The report must
   1-52  <reports shall> also include a listing of identified school
   1-53  districts that failed to satisfy the requirements of this section.
   1-54  The report must <reports shall> also include the costs, above
   1-55  federal funds, incurred by the school districts and the state in
   1-56  order to comply with this section.  The department shall notify
   1-57  members of the legislature and the standing committees of the
   1-58  senate and house of representatives having primary jurisdiction
   1-59  over the department of the filing of the report.
   1-60        SECTION 4.  The heading to Chapter 50, Human Resources Code,
   1-61  is amended to read as follows:
   1-62                CHAPTER 50.  LICENSING <CERTIFICATION>
   1-63        SECTION 5.  Section 50.007, Human Resources Code, is amended
   1-64  to read as follows:
   1-65        Sec. 50.007.  ANNUAL REPORT.  The <As part of the annual
   1-66  report required by Section 21.011 of this code, the> commissioner
   1-67  of public health shall file with the governor and the presiding
   1-68  officer of each house of the legislature <include> a written report
    2-1  regarding the department's work in licensing <certifying> social
    2-2  workers during the preceding fiscal year.  The report must be filed
    2-3  not later than November 1 of each year.
    2-4        SECTION 6.  Section 51.006, Human Resources Code, is amended
    2-5  to read as follows:
    2-6        Sec. 51.006.  REPORT.  Not later than November 1 of each
    2-7  even-numbered year <Prior to each regular session of the
    2-8  legislature>, the department shall publish a report that summarizes
    2-9  reports from family violence shelter centers under contract with
   2-10  the department and that analyzes the effectiveness of the contracts
   2-11  authorized by this chapter.  The reports must include information
   2-12  on the expenditure of funds authorized under this chapter, the
   2-13  services provided, the number of persons for whom a service was
   2-14  provided, and any other information relating to the provision of
   2-15  family violence services.  The report may be combined with the
   2-16  report required by Section 21.011.  Copies of the report shall be
   2-17  submitted to the governor, the lieutenant governor, the speaker of
   2-18  the house of representatives, the Legislative Budget Board, and the
   2-19  standing committees of the senate and house of representatives
   2-20  having primary jurisdiction over the department <the Senate
   2-21  Committee on Human Resources, and the House Committee on Human
   2-22  Services or their successor committees>.
   2-23        SECTION 7.  Section 91.012(c), Human Resources Code, is
   2-24  amended to read as follows:
   2-25        (c)  The executive director shall<:>
   2-26              <(1)>  adopt personnel policies<;>
   2-27              <(2)  prepare and submit to the commission an annual
   2-28  report of commission activities and expenditures; and>
   2-29              <(3)  before each regular session of the legislature,
   2-30  estimate the amount of funds necessary to administer commission
   2-31  programs and the amount available from all sources for those
   2-32  purposes>.
   2-33        SECTION 8.  Section 91.053(b), Human Resources Code, is
   2-34  amended to read as follows:
   2-35        (b)  The commission shall negotiate agreements or plans with
   2-36  the federal government and shall adopt efficient methods of
   2-37  administration and comply with other conditions required to secure
   2-38  the full benefits of the federal laws.  If the commission
   2-39  determines that a provision of state law precludes conformity with
   2-40  a federal requirement and limits federal financial support, the
   2-41  commission:
   2-42              (1)  may waive or modify the state law to the extent
   2-43  necessary to obtain the full benefits of the federal law; and
   2-44              (2)  shall include in the report required by Section
   2-45  91.019 a description of the manner in which state law conflicts
   2-46  with federal law.
   2-47        SECTION 9.  Section 101.0061(f), Human Resources Code, is
   2-48  amended to read as follows:
   2-49        (f)  The executive director or the executive director's
   2-50  designee shall prepare and maintain a written policy statement to
   2-51  assure implementation of a program of equal employment opportunity
   2-52  whereby all personnel transactions are made without regard to race,
   2-53  color, disability <handicap>, sex, religion, age, or national
   2-54  origin.   The policy statement must include:
   2-55              (1)  personnel policies, including policies relating to
   2-56  recruitment, evaluation, selection, appointment, training, and
   2-57  promotion of personnel;
   2-58              (2)  a comprehensive analysis of the agency work force
   2-59  that meets federal and state guidelines;
   2-60              (3)  procedures by which a determination can be made of
   2-61  significant underuse in the agency work force of all persons for
   2-62  whom federal or state guidelines encourage a more equitable
   2-63  balance; and
   2-64              (4)  reasonable methods to appropriately address areas
   2-65  of significant underuse in the agency work force of all persons for
   2-66  whom federal or state guidelines encourage a more equitable
   2-67  balance.  <The policy statement shall be filed with the governor's
   2-68  office before November 1, 1985, cover an annual period, and be
   2-69  updated at least annually.  The governor's office shall develop a
   2-70  biennial report to the legislature based on the information
    3-1  submitted.  The report may be made separately or as a part of other
    3-2  biennial reports made to the legislature.>
    3-3        SECTION 10.  Section 101.008(c), Human Resources Code, is
    3-4  amended to read as follows:
    3-5        (c)  The board shall file annually with the governor and the
    3-6  presiding officer of each house of the legislature a complete and
    3-7  detailed written report accounting for all funds received and
    3-8  disbursed by the board during the preceding year.  The form of the
    3-9  annual report and the reporting time shall be that provided in the
   3-10  General Appropriations Act.  The report must include information
   3-11  concerning the amount of matching funds required for federal grants
   3-12  to local retired senior volunteer programs.
   3-13        SECTION 11.  Subchapter B, Chapter 101, Human Resources Code,
   3-14  is amended by adding Section 101.0252 to read as follows:
   3-15        Sec. 101.0252.  REPORT ON UNIT COSTS.  The department shall
   3-16  file with the Legislative Budget Board and the Governor's Office of
   3-17  Budget and Planning a report that clearly identifies the unit cost
   3-18  of each service, other than services related to community service
   3-19  volunteering and subsidized employment services, provided by an
   3-20  area agency on aging.  The report must be filed twice each year on
   3-21  or before the date specified by the Legislative Budget Board.  The
   3-22  report must be in the form required by the Legislative Budget
   3-23  Board.
   3-24        SECTION 12.  Section 101.049, Human Resources Code, is
   3-25  amended to read as follows:
   3-26        Sec. 101.049.  ANNUAL REPORT <DEPARTMENT REPORTS>.  (a)  The
   3-27  department shall annually report <submit periodic reports> on the
   3-28  program to the governor and the presiding officer of each house of
   3-29  the legislature.
   3-30        (b)  The report must include information concerning the
   3-31  manner in which the department has provided services under the
   3-32  program to elderly persons entitled to priority under Section
   3-33  101.043(a).
   3-34        (c)  The report must be submitted not later than November 1
   3-35  of each even-numbered year.  The report may be combined with the
   3-36  report required by Section 101.008.
   3-37        SECTION 13.  Section 101.062, Human Resources Code, is
   3-38  amended to read as follows:
   3-39        Sec. 101.062.  ANNUAL REPORT.  (a)  The office shall prepare
   3-40  an annual report that contains:
   3-41              (1)  information and findings relating to the problems
   3-42  and complaints of elderly residents; and
   3-43              (2)  policy, regulatory, and legislative
   3-44  recommendations to solve the problems, resolve the complaints, and
   3-45  improve the quality of the elderly residents' care and lives.
   3-46        (b)  The report must be submitted to the governor and the
   3-47  presiding officer of each house of the legislature not later than
   3-48  November 1 of each even-numbered year.  The report may be combined
   3-49  with the report required by Section 101.008.
   3-50        SECTION 14.  Section 122.018(a), Human Resources Code, is
   3-51  amended to read as follows:
   3-52        (a)  On or before November <January> 1 of each year, the
   3-53  committee shall file with the governor and the presiding officer of
   3-54  each house of the legislature a complete and detailed written
   3-55  report accounting for all funds received and disbursed by the
   3-56  committee during the preceding year.
   3-57        SECTION 15.  Section 131.002, Human Resources Code, is
   3-58  amended to conform to Section 14, Chapter 747, Acts of the 73rd
   3-59  Legislature, Regular Session, 1993, and is amended to read as
   3-60  follows:
   3-61        Sec. 131.002.  POWERS AND DUTIES.  (a)  The office shall:
   3-62              (1)  collect data on health and human services client
   3-63  transportation needs, services, and expenditures;
   3-64              (2)  create a statewide coordination plan regarding a
   3-65  system of transportation for clients of health and human services
   3-66  agencies, including the designation of local transportation
   3-67  coordinators;
   3-68              (3)  establish standards of reporting and accounting
   3-69  methods for all agencies providing health and human services client
   3-70  transportation;
    4-1              (4)  maximize federal funds for client transportation
    4-2  through the use of available state funds for matching purposes and
    4-3  the possible use of oil overcharge money and planning funds
    4-4  available through the federal department of transportation;
    4-5              (5)  evaluate the effectiveness of pooling client
    4-6  transportation resources for capital acquisition and the joint
    4-7  purchase of liability insurance;
    4-8              (6)  assist state agencies in coordinating
    4-9  transportation resources;
   4-10              (7)  ensure coordination between the office and the
   4-11  Texas Department of Transportation with regard to the use of funds
   4-12  received by the department under 49 U.S.C. Section 1612(b)(1);
   4-13              (8)  examine the feasibility of consolidating all
   4-14  funding for health and human services client transportation and
   4-15  creating a transportation system through which clients of a state
   4-16  or local agency or program could be matched with the most
   4-17  cost-effective and appropriate transportation services for their
   4-18  needs; <and>
   4-19              (9)  evaluate the use of existing computer software for
   4-20  use at the local level in client transportation services; and
   4-21              (10)  review the feasibility of taking medical care to
   4-22  those in need, including the use of mobile clinics, and review the
   4-23  possibility of using federal highway funds for those transportation
   4-24  needs.
   4-25        (b)  The Health and Human Services Transportation and
   4-26  Planning Office shall coordinate with the Health and Human Services
   4-27  Commission and health and human services agencies in implementing
   4-28  the goals listed in Section 10(b), Article 4413(502), Revised
   4-29  Statutes.  The office shall report its findings and proposals to
   4-30  the governor, the Legislative Budget Board, the secretary of state,
   4-31  and the commissioner of health and human services not later than
   4-32  September 1 of each even-numbered year.
   4-33        SECTION 16.  Section 141.0475(a), Human Resources Code, is
   4-34  amended to read as follows:
   4-35        (a)  The commission and the <Texas> Department of Protective
   4-36  and Regulatory <Human> Services shall maintain a joint memorandum
   4-37  of understanding to coordinate local-level interagency service
   4-38  delivery to runaways.  The memorandum must:
   4-39              (1)  require local county-level agreements to be signed
   4-40  by the department and local juvenile probation offices receiving
   4-41  state aid and to be updated annually that:
   4-42                    (A)  designate the entity responsible for initial
   4-43  assessment for the service needs for runaways;
   4-44                    (B)  require joint investigations on request of
   4-45  either entity when abuse or neglect is suspected and jurisdiction
   4-46  is unclear;
   4-47                    (C)  require the local offices of the two
   4-48  entities to contact each other before a runaway case file is
   4-49  closed;
   4-50                    (D)  provide for a plan to develop additional
   4-51  voluntary and purchased community resources for runaways;
   4-52                    (E)  provide a plan to coordinate services for
   4-53  runaways with law enforcement and local school districts; and
   4-54                    (F)  provide for each local entity to jointly
   4-55  present a plan to the commissioners of a county with a high number
   4-56  of runaways for developing or contracting for emergency services
   4-57  for runaways that includes a specific request for funding for
   4-58  needed services for runaways and their families and encourages and
   4-59  allows intercounty efforts to provide services for runaway
   4-60  children;
   4-61              (2)  provide for the development of a model cooperative
   4-62  agreement to be distributed to local agencies;
   4-63              (3)  designate the number of runaways for each county
   4-64  that shall be considered as a high number;
   4-65              (4)  provide for a procedure in which foster homes may
   4-66  be dually licensed or approved by both the department and the local
   4-67  juvenile probation department to serve runaways; and
   4-68              (5)  require both agencies to report, as part of the
   4-69  reports required by Article 4413(503), Revised Statutes, and
   4-70  Section 141.024, Human Resources Code  <annually to the governor,
    5-1  lieutenant governor, and speaker of the house of representatives>
    5-2  regarding:
    5-3                    (A)  the types of services offered to runaways
    5-4  and their families;
    5-5                    (B)  the number of runaways and families
    5-6  receiving each type of service; and
    5-7                    (C)  the number of runaways and families who were
    5-8  eligible to receive each service but who were not served because of
    5-9  staff or resource shortfalls.
   5-10        SECTION 17.  Subchapter F, Chapter 552, Government Code, is
   5-11  amended by adding Section 552.270 to read as follows:
   5-12        Sec. 552.270.  REPORT BY STATE AGENCY ON COST OF COPIES.  (a)
   5-13  Not later than December 1 of each even-numbered year, each state
   5-14  agency shall file a report with the Legislative Budget Board,
   5-15  comptroller, and General Services Commission describing the
   5-16  agency's procedures for charging and collecting fees for copies of
   5-17  public records.
   5-18        (b)  In this section, "state agency" has the meaning assigned
   5-19  by Sections 1.02(2)(A) and (C), State Purchasing and General
   5-20  Services Act (Article 601b, Vernon's Texas Civil Statutes).
   5-21        SECTION 18.  Section 2052.001, Government Code, is amended by
   5-22  adding Subsection (c) to read as follows:
   5-23        (c)  On receipt of a report under Subsection (a), the
   5-24  secretary of state shall send a copy to each of the standing
   5-25  committees of the senate and house of representatives having
   5-26  primary jurisdiction over the state agency that submitted the
   5-27  report.
   5-28        SECTION 19.  Section 2052.003, Government Code, is amended to
   5-29  read as follows:
   5-30        Sec. 2052.003.  REPORT ON EQUAL EMPLOYMENT OPPORTUNITIES <OF
   5-31  HANDICAPPED>.  (a)  A state agency that sends to the governor an
   5-32  annual report on equal employment opportunities with the agency
   5-33  shall include in the statistical information of the report
   5-34  information relating to the number of:
   5-35              (1)  <handicapped> individuals with disabilities whom
   5-36  <that> the agency employs; and
   5-37              (2)  individuals for whom state or federal guidelines
   5-38  encourage a more equitable balance whom the agency employs.
   5-39        (b)  In this section, "individual with a disability"
   5-40  <"handicapped individual"> means an individual who has:
   5-41              (1)  a mental disability or impairment, including
   5-42  mental retardation; or
   5-43              (2)  a physical disability <handicap> or impairment,
   5-44  including:
   5-45                    (A)  an impairment <mental retardation, hardness>
   5-46  of hearing, <deafness, a> speech, or vision;
   5-47                    (B)  <impairment,> blindness;
   5-48                    (C)  deafness; <,> or
   5-49                    (D)  a crippling condition that requires special
   5-50  ambulatory devices or services.
   5-51        (c)  The term "individual with a disability" does not include
   5-52  an individual whose sole disability <handicap> or impairment is
   5-53  addiction to the use of alcohol or to a drug or other controlled
   5-54  substance.
   5-55        SECTION 20.  Article 4413(503), Revised Statutes, is amended
   5-56  by adding Section 16 to read as follows:
   5-57        Sec. 16.   REPORTS.  A report required by law concerning the
   5-58  department's expenditures must include fees for professional
   5-59  services or consultative services provided for the general
   5-60  administration of the department but may not include:
   5-61              (1)  professional fees paid for routine or special
   5-62  examinations for the purpose of determining eligibility of
   5-63  individuals for a program administered by the department;
   5-64              (2)  professional fees for treatment, services, or care
   5-65  for individual recipients; or
   5-66              (3)  fees for providing special needs or appliances for
   5-67  individual recipients.
   5-68        SECTION 21.  Section 20, Licensed Professional Counselor Act
   5-69  (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
   5-70  as follows:
    6-1        Sec. 20.  ANNUAL REPORT.  As part of the report required by
    6-2  Section 11.017, Health and Safety Code, the Texas Board of Health
    6-3  shall include <Not later than the 90th day after the last day of
    6-4  each state fiscal year, the board shall submit to the governor,
    6-5  lieutenant governor, and speaker of the house> a report about the
    6-6  activities of the Texas State Board of Examiners of Professional
    6-7  Counselors <board> during the preceding fiscal year.
    6-8        SECTION 22.  Not later than November 1, 1996, the Texas
    6-9  Department of Human Services shall report to the standing
   6-10  committees of the senate and the house of representatives having
   6-11  primary jurisdiction over the department on the status of the pilot
   6-12  program required by Chapter 830, Acts of the 73rd Legislature,
   6-13  Regular Session, 1993.  The department shall notify each member of
   6-14  the legislature of the report and shall provide a copy of the
   6-15  report to each member who requests one.
   6-16        SECTION 23.  The following provisions are repealed:
   6-17              (1)  Sections 21.0051(d), 31.013, 81.008(e), 81.011,
   6-18  91.017(b), 101.022(f), 101.031, Human Resources Code;
   6-19              (2)  Section 8(f), Article 4413(502), Revised Statutes;
   6-20              (3)  Section 10(f), Article 4413(503), Revised
   6-21  Statutes; and
   6-22              (4)  Section 14, Chapter 747, Acts of the 73rd
   6-23  Legislature, Regular Session, 1993.
   6-24        SECTION 24.  This Act takes effect September 1, 1995.
   6-25        SECTION 25.  The importance of this legislation and the
   6-26  crowded condition of the calendars in both houses create an
   6-27  emergency and an imperative public necessity that the
   6-28  constitutional rule requiring bills to be read on three several
   6-29  days in each house be suspended, and this rule is hereby suspended.
   6-30                               * * * * *