Amend SB 1247 as follows:
      (1)  Insert the following sections, appropriately numbered:
      SECTION ___.  Section 142.006, Health and Safety Code, is
amended by amending Subsections (d) and (e) and adding Subsections
(f) and (g) to read as follows:
      (d)  The department shall <may> find that a home and
community support services agency that provides only long-term care
Medicaid waiver services that are publicly funded has satisfied the
requirements for licensing under this chapter if the agency is
certified and monitored by a state agency that has developed
standards that ensure the health and safety of service recipients
<certification standards that meet or exceed the requirements for
licensing under this chapter.  A license fee is required at the
time of a license application>.
      (e)  The department shall find that a home and community
support services agency that provides home health, hospice, or
personal assistance services only to persons enrolled in a program
that is funded in whole or in part by the Texas Department of
Mental Health and Mental Retardation and is monitored by the Texas
Department of Mental Health and Mental Retardation or its
designated local authority in accordance with standards set by the
Texas Department of Mental Health and Mental Retardation has
satisfied the requirements for licensing.
      (f)  The department shall adopt the applicable standards of
the agency that certifies and monitors the home and community
support services agency for use in issuing a license under
Subsection (d) or (e).  When applying for a license under
Subsection (d) or (e) and annually before the license is renewed, a
person must provide the department with documentation issued by the
agency that certifies and monitors the home and community support
services agency that demonstrates that the person complies with
applicable standards.  A license fee is required at the time of
application.
      (g)  The license must designate the types of services that
the home and community support services agency is authorized to
provide at or from the designated place of business.
      SECTION ___.  Section 142.009, Health and Safety Code, is
amended by amending Subsections (i), (j), and (k) and adding
Subsection (l) to read as follows:
      (i)  A home and community support services agency licensed
under Section 142.006(d) or (e) is not subject to surveys conducted
by licensing personnel of the department to meet the requirements
of this chapter.
      (j)  Except as provided by Subsections (h), (i), and (l)
<(k)>, an on-site survey must be conducted within 18 months after a
survey for an initial license.  After that time, an on-site survey
must be conducted at least every 36 months.
      (k) <(j)>  If a person is renewing or applying for a license
to provide more than one type of service under this chapter, the
surveys required for each of the services the license holder or
applicant seeks to provide shall be completed during the same
surveyor visit.
      (l) <(k)>  The department and other state agencies that are
under the Health and Human Services Commission and that contract
with home and community support services agencies to deliver
services for which a license is required under this chapter shall
execute a memorandum of understanding that establishes procedures
to eliminate or reduce duplication of standards or conflicts
between standards and of functions in license, certification, or
compliance surveys and complaint investigations.  The Health and
Human Services Commission shall review the recommendation of the
council relating to the memorandum of understanding before
considering approval.  The memorandum of understanding must be
approved by the commission.
      (2)  In the recital to SECTION 5 of the bill (page 8, line
19, House Committee Printing), strike "Sections 142.017 through
142.0175" and substitute "Sections 142.017 through 142.0176".
      (3)  In SECTION 5 of the bill (page 15, between lines 19 and
20, House Committee Printing), following Section 142.0175, insert
new Section 142.0176 to read as follows:
      Sec. 142.0176.  CERTAIN AGENCIES EXCEPTED.
(a)  Notwithstanding any other provision of this chapter, the
department may not assess an administrative penalty against a home
and community support services agency licensed under Section
142.006(d) or (e) that is certified and monitored by a state
agency.
      (b)  The agencies licensed under Sections 142.006(d) and (e)
are subject to sanctions or penalties by the state agency that
certifies and monitors the services, and each state agency shall
inform the department within five working days of any sanction or
adverse action taken against a home and community support services
agency licensed under Section 142.006(d) or (e).  The department
may take enforcement action under this chapter, except for the
assessment of administrative penalties, against a home and
community support services agency licensed under Section 142.006(d)
or (e).
      (4)  Renumber subsequent sections of the bill appropriately.