Suspending limitations on conference committee
jurisdiction, H.B. 1863
By ____________________ S.R. No. ____
74R13911 MLR-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 74th
1-2 Legislature, Regular Session, 1995, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 1863 to consider and take action on the following specific
1-6 matters:
1-7 (1) Senate Rule 12.03(4) is suspended to permit the
1-8 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) Senate Rule 12.03(1) is suspended to permit the
1-19 committee to amend text in Section 31.0031(d)(4), Human Resources
1-20 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) Senate Rule 12.03(3) is suspended to permit the
2-3 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) Senate Rule 12.03(1) is suspended to permit the
2-10 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) Senate Rule 12.03(1) is suspended to permit the
2-19 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) Senate Rule 12.03(1) is suspended to permit the
2-26 committee to amend Section 31.0034(5)(A), Human Resources Code, as
2-27 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) Senate Rule 12.03(1) is suspended to permit the
3-6 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) Senate Rule 12.03(4) is suspended to permit the
3-17 committee to add the following text to SECTION 4.01 of the bill:
3-18 "(d) On the transfer of the program under Section 31.012,
3-19 Human Resources Code, to the Texas Workforce Commission, the Texas
3-20 Workforce Commission shall perform all duties assigned to the Texas
3-21 Department of Human Services under Section 31.012, Human Resources
3-22 Code, as amended by this section."
3-23 Explanation: Articles 4 and 11 of the bill amend the same
3-24 sections of the Human Resources Code. This amendment is needed to
3-25 allow those articles to work together when the workforce programs
3-26 are consolidated.
3-27 (9) Senate Rule 12.03(4) is suspended to permit the
4-1 committee to add the following text to SECTION 4.02 of the bill:
4-2 "(c) On the transfer of the program under Section 31.0125,
4-3 Human Resources Code, to the Texas Workforce Commission, the Texas
4-4 Workforce Commission shall perform all duties assigned to the Texas
4-5 Department of Human Services under Section 31.0125, Human Resources
4-6 Code, as amended by this section."
4-7 Explanation: Articles 4 and 11 of the bill amend the same
4-8 sections of the Human Resources Code. This amendment is needed to
4-9 allow those articles to work together when the workforce programs
4-10 are consolidated.
4-11 (10) Senate Rule 12.03(2) is suspended to permit the
4-12 committee to strike the following text in SECTION 7.07(c)(2) of the
4-13 bill: ", provided that the assistance may not be provided more
4-14 than twice in one year unless the department has developed other
4-15 appropriate limitations"
4-16 Explanation: This change is necessary to conform to federal
4-17 law that allows an emergency assistance payment only once a year.
4-18 (11) Senate Rule 12.03(1) is suspended to permit the
4-19 committee to amend Section 33.002(g), Human Resources Code, in
4-20 SECTION 8.09 of the bill, to read as follows:
4-21 "(g) The department may, within federal limits, modify the
4-22 one-day screening and service delivery requirements prescribed by
4-23 Subsection (e) if the department determines that the modification
4-24 is necessary to reduce fraud in the food stamp program."
4-25 Explanation: This change is necessary because the federal
4-26 rules do not include emergency food stamps in the state's error
4-27 rate.
5-1 (12) Senate Rule 12.03(4) is suspended to permit the
5-2 committee to add the following text to Section 10, Article
5-3 4413(502), Revised Statutes, in SECTION 9.01 of the bill:
5-4 "(e) Not later than January 1 of each odd-numbered year, the
5-5 commission shall begin formal discussions with each health and
5-6 human services agency regarding that agency's strategic plan or
5-7 biennial update."
5-8 Explanation: This change is necessary to provide a set time
5-9 frame within which the Health and Human Services Commission and its
5-10 member agencies have to work on strategic plans and updates.
5-11 (13) Senate Rule 12.03(4) is suspended to permit the
5-12 committee to add an amendment to Section 12, Article 4413(502),
5-13 Revised Statutes, in SECTION 9.02 of the bill, to read as follows:
5-14 Sec. 12. PUBLIC INPUT <INTEREST> INFORMATION AND COMPLAINTS.
5-15 (a) The commission shall develop and implement policies that
5-16 provide the public with a reasonable opportunity to appear before
5-17 the commission and to speak on any issue under the jurisdiction of
5-18 the commission.
5-19 (b) The commission shall develop and implement routine and
5-20 ongoing mechanisms, in accessible formats:
5-21 (1) to receive consumer input;
5-22 (2) to involve consumers in planning, delivery, and
5-23 evaluation of programs and services under the jurisdiction of the
5-24 commission; and
5-25 (3) to communicate to the public the input received by
5-26 the commission under this section and actions taken in response to
5-27 that input.
6-1 (c) The commission shall prepare information of public
6-2 interest describing the functions of the commission and the
6-3 commission's procedures by which complaints are filed with and
6-4 resolved by the commission. The commission shall make the
6-5 information available to the public and appropriate state agencies.
6-6 (d) <(c)> The commissioner by rule shall establish methods
6-7 by which the public, consumers, and service recipients can be
6-8 notified of the mailing addresses and telephone numbers of
6-9 appropriate agency personnel for the purpose of directing
6-10 complaints to the commission. The commission may provide for that
6-11 notification:
6-12 (1) on each registration form, application, or written
6-13 contract for services of a person or entity regulated by the
6-14 commission;
6-15 (2) on a sign prominently displayed in the place of
6-16 business of each person or entity regulated by the commission; or
6-17 (3) in a bill for service provided by a person or
6-18 entity regulated by the commission.
6-19 (e) <(d)> The commission shall keep an information file
6-20 about each complaint filed with the commission relating to:
6-21 (1) a license holder or entity regulated by the
6-22 commission; or
6-23 (2) a service delivered by the commission.
6-24 (f) <(e)> If a written complaint is filed with the
6-25 commission relating to a license holder or entity regulated by the
6-26 commission or a service delivered by the commission, the
6-27 commission, at least quarterly and until final disposition of the
7-1 complaint, shall notify the parties to the complaint of the status
7-2 of the complaint unless notice would jeopardize an undercover
7-3 investigation.
7-4 Explanation: This addition is necessary to ensure that the
7-5 Health and Human Services Commission processes information received
7-6 from the public in an orderly fashion and that the public is
7-7 informed of commission actions.
7-8 (14) Senate Rule 12.03(4) is suspended to permit the
7-9 committee to amend Article 4413(502), Revised Statutes, in SECTION
7-10 9.04 of the bill, by adding Section 13C to read as follows:
7-11 Sec. 13C. AUTOMATED SYSTEMS. A health and human services
7-12 agency may not submit its plans to the Department of Information
7-13 Resources under Subchapter E, Chapter 2054, Government Code, until
7-14 those plans are approved by the commission.
7-15 Explanation: This addition is necessary to allow the Health
7-16 and Human Services Commission and its member agencies to deliver
7-17 human services more efficiently.
7-18 (15) Senate Rule 12.03(4) is suspended to permit the
7-19 committee to add an amendment to Section 14(a), Article 4413(502),
7-20 Revised Statutes, in SECTION 9.05 of the bill, to read as follows:
7-21 (a) The commissioner shall:
7-22 (1) arbitrate and render the <a> final decision on
7-23 interagency disputes;
7-24 (2) facilitate and enforce coordinated planning and
7-25 delivery of health and human services, including compliance with
7-26 the coordinated strategic plan, co-location of services, integrated
7-27 intake, and coordinated referral and case management;
8-1 (3) request budget execution for the transfer of funds
8-2 from one agency to another;
8-3 (4) establish a federal health and human services
8-4 funds management system and maximize the availability of those
8-5 funds;
8-6 (5) develop with the Department of Information
8-7 Resources automation standards for computer systems to enable
8-8 health and human services agencies to share pertinent data;
8-9 (6) establish and enforce uniform regional boundaries
8-10 for all health and human services agencies;
8-11 (7) carry out statewide health and human services
8-12 needs surveys and forecasting;
8-13 (8) perform independent special outcome evaluations of
8-14 health and human services programs and activities;
8-15 (9) adopt rules necessary to carry out the
8-16 commission's duties under this Act; and
8-17 (10) review and comment on health and human services
8-18 agency formulas <develop a formula> for the distribution of funds
8-19 to ensure that the formulas, to the extent permitted by federal
8-20 law, consider <considers> such need factors as client base,
8-21 population, and economic and geographic factors within the regions
8-22 of the state.
8-23 Explanation: This amendment is necessary to ensure adequate
8-24 distribution of federal funds.
8-25 (16) Senate Rule 12.03(4) is suspended to permit the
8-26 committee to amend Article 4413(502), Revised Statutes, in SECTION
8-27 9.06 of the bill, by adding Section 14A to read as follows:
9-1 Sec. 14A. DELIVERY OF SERVICES. To integrate and streamline
9-2 service delivery and facilitate access to services, the
9-3 commissioner may request a health and human services agency to take
9-4 a specific action and may recommend the manner in which the
9-5 streamlining is to be accomplished, including requesting each
9-6 health and human services agency to:
9-7 (1) simplify agency procedures;
9-8 (2) automate agency procedures;
9-9 (3) coordinate service planning and management tasks
9-10 between and among health and human services agencies;
9-11 (4) reallocate staff resources;
9-12 (5) adopt rules;
9-13 (6) amend, waive, or repeal existing rules; and
9-14 (7) take other necessary actions.
9-15 Explanation: This amendment is necessary to direct the human
9-16 services agencies in the integration and streamlining of service
9-17 delivery and to facilitate public access to those services.
9-18 (17) Senate Rule 12.03(4) is suspended to permit the
9-19 committee to add SECTION 9.12(c) of the bill to read as follows:
9-20 "(c) The commission shall examine cost-effective methods to
9-21 address:
9-22 (1) fraud in the assistance programs; and
9-23 (2) the error rate in eligibility determination."
9-24 Explanation: This amendment is necessary to assist the
9-25 Health and Human Services Commission to address fraud and error in
9-26 the welfare system.
9-27 (18) Senate Rule 12.03(4) is suspended to permit the
10-1 committee to amend SECTION 9.14 of the bill by adding text to read
10-2 as follows:
10-3 "Each health and human services agency shall enter into agreements
10-4 as described by Chapter 141, Acts of the 63rd Legislature, Regular
10-5 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes),
10-6 Chapter 683, Acts of the 66th Legislature, 1979 (Article 1118y,
10-7 Vernon's Texas Civil Statutes), and Article 1118z, Revised
10-8 Statutes, to expand transportation services for persons receiving
10-9 assistance for services under a federal program administered by
10-10 that agency."
10-11 Explanation: This amendment is necessary because
10-12 transportation is a support service under Section 31.010, Human
10-13 Resources Code, and this will allow local transportation funds to
10-14 be used to draw down more federal transportation funds.
10-15 (19) Senate Rule 12.03(4) is suspended to permit the
10-16 committee to add SECTION 9.15 of the bill to read as follows:
10-17 SECTION 9.15. APPLICATION. The changes in law made by this
10-18 article apply beginning with appropriations made for the fiscal
10-19 year beginning September 1, 1995.
10-20 Explanation: This is a technical amendment to provide
10-21 guidance on the applicability of the article.
10-22 (20) Senate Rule 12.03(1) is suspended to permit the
10-23 committee to amend SECTION headings in Article 10 of the bill to
10-24 read as follows:
10-25 SECTION 10.02. SPOUSAL MAINTENANCE.
10-26 SECTION 10.03. TRANSITION.
10-27 Explanation: The headings were added to conform Article 10
11-1 to the style of the first nine articles of the bill.
11-2 (21) Senate Rule 12.03(1) is suspended to permit the
11-3 committee to amend Section 3.9603(12), in SECTION 10.02 of the bill
11-4 to read as follows:
11-5 "(12) the efforts of the spouse seeking maintenance to
11-6 pursue available employment counseling as provided by Chapter 304,
11-7 Labor Code."
11-8 Explanation: This is a technical amendment to provide the
11-9 correct cite to the Labor Code.
11-10 ¯BEGCAPTIONÆ
11-11 Suspending limitations on conference committee jurisdiction, H.B.
11-12 1863.
11-13 ¯ENDCAPTIONÆ