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.