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 * * * * *