H.R. No. 1141
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 74th Legislature, Regular Session, 1995, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 1863 to consider and take
1-6 action on the following specific matters:
1-7 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to add to Section 31.031(d), Human Resources Code,
1-9 SECTION 2.04 of the bill, "or a child who is not enrolled in public
1-10 school", so that the subsection reads as follows:
1-11 "(d) The department shall require the applicant to provide
1-12 proof to the department that each child five years of age or
1-13 younger, or a child who is not enrolled in public school, for whom
1-14 the applicant will receive assistance:"
1-15 Explanation: Proof would only have to be provided for
1-16 children younger than five years of age or not enrolled in a public
1-17 school because the public schools require proof of immunization.
1-18 (2) House Rule 13, Section 9(a)(1), is suspended to permit
1-19 the committee to amend text in Section 31.0031(d)(4), Human
1-20 Resources Code, SECTION 2.02 of the bill, to read as follows:
1-21 "(4) each adult recipient for whom a needs assessment
1-22 is conducted participate in an activity to enable that person to
1-23 become self-sufficient by:"
1-24 Explanation: This is a technical amendment to change the
2-1 tense of the verb from past tense to present tense.
2-2 (3) House Rule 13, Section 9(a)(3), is suspended to permit
2-3 the committee to add the following text to the end of Section
2-4 31.0031(d)(8), Human Resources Code, SECTION 2.02 of the bill, to
2-5 read as follows: ", as determined by the needs assessment."
2-6 Explanation: This addition removes the requirement that all
2-7 financial aid recipients attend parenting skills classes because
2-8 not all persons who apply for assistance need the classes.
2-9 (4) House Rule 13, Section 9(a)(1), is suspended to permit
2-10 the committee to amend text in Section 31.0033(a), Human Resources
2-11 Code, SECTION 2.02 of the bill, to read as follows: "the person
2-12 receiving the financial assistance may request a hearing to show
2-13 good cause for noncompliance not later than the 13th day after the
2-14 date on which notice is received under Section 31.0032."
2-15 Explanation: This amendment allows a recipient of financial
2-16 assistance more time to appeal penalties or sanctions imposed by
2-17 the department under Section 31.0032, Human Resources Code.
2-18 (5) House Rule 13, Section 9(a)(1), is suspended to permit
2-19 the committee to amend text in Section 31.0034(3), Human Resources
2-20 Code, SECTION 2.02 of the bill, to read as follows:
2-21 "(3) the number of persons who are exempt from
2-22 participation under Section 31.012(c);".
2-23 Explanation: This technical change is necessary to provide
2-24 the correct citation to Section 31.012, Human Resources Code.
2-25 (6) House Rule 13, Section 9(a)(1), is suspended to permit
2-26 the committee to amend Section 31.0034(5)(A), Human Resources Code,
2-27 as added by SECTION 2.02 of the bill, by striking the words "or
3-1 marriage".
3-2 Explanation: The Department of Human Services usually is not
3-3 informed by a financial aid recipient that the person no longer
3-4 needs assistance because the person has married.
3-5 (7) House Rule 13, Section 9(a)(1), is suspended to permit
3-6 the committee to amend SECTION 2.02(c) of the bill by changing the
3-7 deadline for requiring all recipients to sign a responsibility
3-8 agreement from January 1, 1996, to September 1, 1996.
3-9 Explanation: This change is necessary to enable the Texas
3-10 Department of Human Services to allow a recipient of financial
3-11 assistance who applied for financial assistance before the
3-12 effective date of this Act to sign the responsibility agreement
3-13 when the person returns to the department for the person's
3-14 regularly scheduled follow-up visit. The fiscal note will increase
3-15 if the date is not changed.
3-16 (8) House Rule 13, Section 9(a)(4), is suspended to permit
3-17 the committee to add the following text to SECTION 4.01 of the
3-18 bill:
3-19 "(d) On the transfer of the program under Section 31.012,
3-20 Human Resources Code, to the Texas Workforce Commission, the Texas
3-21 Workforce Commission shall perform all duties assigned to the Texas
3-22 Department of Human Services under Section 31.012, Human Resources
3-23 Code, as amended by this section."
3-24 Explanation: Articles 4 and 11 of the bill amend the same
3-25 sections of the Human Resources Code. This amendment is needed to
3-26 allow those articles to work together when the workforce programs
3-27 are consolidated.
4-1 (9) House Rule 13, Section 9(a)(4), is suspended to permit
4-2 the committee to add the following text to SECTION 4.02 of the
4-3 bill:
4-4 "(c) On the transfer of the program under Section 31.0125,
4-5 Human Resources Code, to the Texas Workforce Commission, the Texas
4-6 Workforce Commission shall perform all duties assigned to the Texas
4-7 Department of Human Services under Section 31.0125, Human Resources
4-8 Code, as amended by this section."
4-9 Explanation: Articles 4 and 11 of the bill amend the same
4-10 sections of the Human Resources Code. This amendment is needed to
4-11 allow those articles to work together when the workforce programs
4-12 are consolidated.
4-13 (10) House Rule 13, Section 9(a)(2), is suspended to permit
4-14 the committee to strike the following text in SECTION 7.07(c)(2) of
4-15 the bill: ", provided that the assistance may not be provided more
4-16 than twice in one year unless the department has developed other
4-17 appropriate limitations"
4-18 Explanation: This change is necessary to conform to federal
4-19 law that allows an emergency assistance payment only once a year.
4-20 (11) House Rule 13, Section 9(a)(1), is suspended to permit
4-21 the committee to amend Section 33.002(g), Human Resources Code, in
4-22 SECTION 8.09 of the bill, to read as follows:
4-23 "(g) The department may, within federal limits, modify the
4-24 one-day screening and service delivery requirements prescribed by
4-25 Subsection (e) if the department determines that the modification
4-26 is necessary to reduce fraud in the food stamp program."
4-27 Explanation: This change is necessary because the federal
5-1 rules do not include emergency food stamps in the state's error
5-2 rate.
5-3 (12) House Rule 13, Section 9(a)(4), is suspended to permit
5-4 the committee to add the following text to Section 10, Article
5-5 4413(502), Revised Statutes, in SECTION 9.01 of the bill:
5-6 "(e) Not later than January 1 of each odd-numbered year, the
5-7 commission shall begin formal discussions with each health and
5-8 human services agency regarding that agency's strategic plan or
5-9 biennial update."
5-10 Explanation: This change is necessary to provide a set time
5-11 frame within which the Health and Human Services Commission and its
5-12 member agencies have to work on strategic plans and updates.
5-13 (13) House Rule 13, Section 9(a)(4), is suspended to permit
5-14 the committee to add an amendment to Section 12, Article 4413(502),
5-15 Revised Statutes, in SECTION 9.02 of the bill, to read as follows:
5-16 Sec. 12. PUBLIC INPUT <INTEREST> INFORMATION AND COMPLAINTS.
5-17 (a) The commission shall develop and implement policies that
5-18 provide the public with a reasonable opportunity to appear before
5-19 the commission and to speak on any issue under the jurisdiction of
5-20 the commission.
5-21 (b) The commission shall develop and implement routine and
5-22 ongoing mechanisms, in accessible formats:
5-23 (1) to receive consumer input;
5-24 (2) to involve consumers in planning, delivery, and
5-25 evaluation of programs and services under the jurisdiction of the
5-26 commission; and
5-27 (3) to communicate to the public the input received by
6-1 the commission under this section and actions taken in response to
6-2 that input.
6-3 (c) The commission shall prepare information of public
6-4 interest describing the functions of the commission and the
6-5 commission's procedures by which complaints are filed with and
6-6 resolved by the commission. The commission shall make the
6-7 information available to the public and appropriate state agencies.
6-8 (d) <(c)> The commissioner by rule shall establish methods
6-9 by which the public, consumers, and service recipients can be
6-10 notified of the mailing addresses and telephone numbers of
6-11 appropriate agency personnel for the purpose of directing
6-12 complaints to the commission. The commission may provide for that
6-13 notification:
6-14 (1) on each registration form, application, or written
6-15 contract for services of a person or entity regulated by the
6-16 commission;
6-17 (2) on a sign prominently displayed in the place of
6-18 business of each person or entity regulated by the commission; or
6-19 (3) in a bill for service provided by a person or
6-20 entity regulated by the commission.
6-21 (e) <(d)> The commission shall keep an information file
6-22 about each complaint filed with the commission relating to:
6-23 (1) a license holder or entity regulated by the
6-24 commission; or
6-25 (2) a service delivered by the commission.
6-26 (f) <(e)> If a written complaint is filed with the
6-27 commission relating to a license holder or entity regulated by the
7-1 commission or a service delivered by the commission, the
7-2 commission, at least quarterly and until final disposition of the
7-3 complaint, shall notify the parties to the complaint of the status
7-4 of the complaint unless notice would jeopardize an undercover
7-5 investigation.
7-6 Explanation: This addition is necessary to ensure that the
7-7 Health and Human Services Commission processes information received
7-8 from the public in an orderly fashion and that the public is
7-9 informed of commission actions.
7-10 (14) House Rule 13, Section 9(a)(4), is suspended to permit
7-11 the committee to amend Article 4413(502), Revised Statutes, in
7-12 SECTION 9.04 of the bill, by adding Section 13C to read as follows:
7-13 Sec. 13C. AUTOMATED SYSTEMS. A health and human services
7-14 agency may not submit its plans to the Department of Information
7-15 Resources under Subchapter E, Chapter 2054, Government Code, until
7-16 those plans are approved by the commission.
7-17 Explanation: This addition is necessary to allow the Health
7-18 and Human Services Commission and its member agencies to deliver
7-19 human services more efficiently.
7-20 (15) House Rule 13, Section 9(a)(4), is suspended to permit
7-21 the committee to add an amendment to Section 14(a), Article
7-22 4413(502), Revised Statutes, in SECTION 9.05 of the bill, to read
7-23 as follows:
7-24 (a) The commissioner shall:
7-25 (1) arbitrate and render the <a> final decision on
7-26 interagency disputes;
7-27 (2) facilitate and enforce coordinated planning and
8-1 delivery of health and human services, including compliance with
8-2 the coordinated strategic plan, co-location of services, integrated
8-3 intake, and coordinated referral and case management;
8-4 (3) request budget execution for the transfer of funds
8-5 from one agency to another;
8-6 (4) establish a federal health and human services
8-7 funds management system and maximize the availability of those
8-8 funds;
8-9 (5) develop with the Department of Information
8-10 Resources automation standards for computer systems to enable
8-11 health and human services agencies to share pertinent data;
8-12 (6) establish and enforce uniform regional boundaries
8-13 for all health and human services agencies;
8-14 (7) carry out statewide health and human services
8-15 needs surveys and forecasting;
8-16 (8) perform independent special outcome evaluations of
8-17 health and human services programs and activities;
8-18 (9) adopt rules necessary to carry out the
8-19 commission's duties under this Act; and
8-20 (10) review and comment on health and human services
8-21 agency formulas <develop a formula> for the distribution of funds
8-22 to ensure that the formulas, to the extent permitted by federal
8-23 law, consider <considers> such need factors as client base,
8-24 population, and economic and geographic factors within the regions
8-25 of the state.
8-26 Explanation: This amendment is necessary to ensure adequate
8-27 distribution of federal funds.
9-1 (16) House Rule 13, Section 9(a)(4), is suspended to permit
9-2 the committee to amend Article 4413(502), Revised Statutes, in
9-3 SECTION 9.06 of the bill, by adding Section 14A to read as follows:
9-4 Sec. 14A. DELIVERY OF SERVICES. To integrate and streamline
9-5 service delivery and facilitate access to services, the
9-6 commissioner may request a health and human services agency to take
9-7 a specific action and may recommend the manner in which the
9-8 streamlining is to be accomplished, including requesting each
9-9 health and human services agency to:
9-10 (1) simplify agency procedures;
9-11 (2) automate agency procedures;
9-12 (3) coordinate service planning and management tasks
9-13 between and among health and human services agencies;
9-14 (4) reallocate staff resources;
9-15 (5) adopt rules;
9-16 (6) amend, waive, or repeal existing rules; and
9-17 (7) take other necessary actions.
9-18 Explanation: This amendment is necessary to direct the human
9-19 services agencies in the integration and streamlining of service
9-20 delivery and to facilitate public access to those services.
9-21 (17) House Rule 13, Section 9(a)(4), is suspended to permit
9-22 the committee to add SECTION 9.12(c) of the bill to read as
9-23 follows:
9-24 "(c) The commission shall examine cost-effective methods to
9-25 address:
9-26 (1) fraud in the assistance programs; and
9-27 (2) the error rate in eligibility determination."
10-1 Explanation: This amendment is necessary to assist the
10-2 Health and Human Services Commission to address fraud and error in
10-3 the welfare system.
10-4 (18) House Rule 13, Section 9(a)(4), is suspended to permit
10-5 the committee to amend SECTION 9.14 of the bill by adding text to
10-6 read as follows:
10-7 "Each health and human services agency shall enter into agreements
10-8 as described by Chapter 141, Acts of the 63rd Legislature, Regular
10-9 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes),
10-10 Chapter 683, Acts of the 66th Legislature, 1979 (Article 1118y,
10-11 Vernon's Texas Civil Statutes), and Article 1118z, Revised
10-12 Statutes, to expand transportation services for persons receiving
10-13 assistance for services under a federal program administered by
10-14 that agency."
10-15 Explanation: This amendment is necessary because
10-16 transportation is a support service under Section 31.010, Human
10-17 Resources Code, and this will allow local transportation funds to
10-18 be used to draw down more federal transportation funds.
10-19 (19) House Rule 13, Section 9(a)(4), is suspended to permit
10-20 the committee to add SECTION 9.15 of the bill to read as follows:
10-21 SECTION 9.15. APPLICATION. The changes in law made by this
10-22 article apply beginning with appropriations made for the fiscal
10-23 year beginning September 1, 1995.
10-24 Explanation: This is a technical amendment to provide
10-25 guidance on the applicability of the article.
10-26 (20) House Rule 13, Section 9(a)(1), is suspended to permit
10-27 the committee to amend SECTION headings in Article 10 of the bill
11-1 to read as follows:
11-2 SECTION 10.02. SPOUSAL MAINTENANCE.
11-3 SECTION 10.03. TRANSITION.
11-4 Explanation: The headings were added to conform Article 10
11-5 to the style of the first nine articles of the bill.
11-6 (21) House Rule 13, Section 9(a)(1), is suspended to permit
11-7 the committee to amend Section 3.9603(12), in SECTION 10.02 of the
11-8 bill to read as follows:
11-9 "(12) the efforts of the spouse seeking maintenance to
11-10 pursue available employment counseling as provided by Chapter 304,
11-11 Labor Code."
11-12 Explanation: This is a technical amendment to provide the
11-13 correct cite to the Labor Code.