IMF H.B. 2385 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 2385 By: Delisi 5-2-97 Committee Report (Amended) BACKGROUND Since 1983, the Criminal Justice Policy Council has provided to the Governor and Legislature objective and expert research and long-range planning on criminal justice issues. The Sunset Advisory Commission concluded this year that due to the size and complexity of the state's criminal justice system, the Criminal Justice Policy Council's role in research and analysis is still necessary. In addition, the Commission concluded that the objectivity and independence of the policy council is not only valuable, but is so important that additional safeguards against political influence are necessary. The conditions that make the Criminal Justice Policy Council necessary and valuable with regard to criminal justice issues also exist in the health and human services area. The state's health and human service system is large, comprising 20.4% of general revenue funding appropriated under this year's CSHB 1, compared to 11.1% for criminal justice and public safety. Funding for health and human services includes general revenue, dedicated general revenue, several federal funding streams, and other funds. The system is also complex, including thirteen health and human service agencies, as well as the Department of Housing and Community Affairs and the Texas Workforce Commission. Because they each administer programs, existing agencies cannot provide analysis and recommendations with the necessary objectivity, even though they all appropriately conduct research, evaluation, and planning functions. Issues no less complex and compelling than those facing the criminal justice system exist in the health and human service area. These issues include the co-implementation of state and federal welfare reform measures, the trend toward block granting in welfare and Medicaid, the pursuit and implementation of various Medicaid waiver programs, the interaction of an improving Texas economy and a reformed public assistance system, the growth of managed care, efforts to make public assistance systems more efficient, and many more. PURPOSE As proposed, H.B. would create the Health and Human Services Policy Council to provide objective information to the Legislature for use in making decisions on health and human service issues. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle I, Title 4 of the Government Code by adding Chapter 532 as follows: Sections 532.001-532.003 creates the Health and Human Services Policy Council, subject to Sunset Review prior to September 1, 1999. Sections 532.004-532.005 requires the governor to appoint an executive director and provides staff for the policy council. Section 532.006 standard conflict of interest provisions. Section 532.007 allow the Governor to establish advisory councils, task forces, or commissions as necessary to advise the policy council. Sections 532.008-532.009 establishes the duties of the policy council and would require gubernatorial and legislative input into research priorities. Sections 532.010-532.011 allows the policy council to contract with other entities and to accept gifts, grants, and donations. Section 532.012 requires the policy council to provide a biennial health and human services plan to the Legislature. Sections 532.013-532.014 subjects the policy council to standard provisions regarding access to programs and facilities and consumer information and complaints. SECTION 2. Requires the Sunset Advisory Commission, in its review of agencies that would be abolished September 1, 1999, to determine the appropriate relationship of several agencies and the Health and Human Services Policy Council. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency Clause. EXPLANATION OF AMENDMENT Committee amendment no. 1 deletes SECTION 2 of the bill that provides for the Sunset Advisory Commission, in its review of agencies that would be abolished September 1, 1999, to determine the appropriate relationship of several agencies and the Health and Human Services Policy Council.