By Delisi                                             H.B. No. 2385

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the Health and Human Services Policy

 1-3     Council.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle I, Title 4, Government Code, is amended

 1-6     by adding Chapter 532 to read as follows:

 1-7           CHAPTER 532.  HEALTH AND HUMAN SERVICES POLICY COUNCIL

 1-8           Sec. 532.001.  DEFINITION.  In this chapter, "policy council"

 1-9     means the Health and Human Services Policy Council.

1-10           Sec. 532.002.  HEALTH AND HUMAN SERVICES POLICY COUNCIL.  The

1-11     Health and Human Services Policy Council is an agency of the state.

1-12           Sec. 532.003.  SUNSET PROVISION.  The Health and Human

1-13     Services Policy Council is subject to Chapter 325 (Texas Sunset

1-14     Act).  Unless continued in existence as provided by that chapter,

1-15     the council is abolished September 1, 1999.

1-16           Sec. 532.004.  EXECUTIVE DIRECTOR.  (a)  The policy council

1-17     is under the direction of an executive director.

1-18           (b)  The executive director is appointed by the governor with

1-19     the advice and consent of the senate.  The appointment of an

1-20     executive director shall be made without regard to the race, color,

1-21     disability, sex, religion, age, or national origin of the

1-22     appointee.

1-23           (c)  A person is not eligible for appointment as the

1-24     executive director if the person or the person's spouse:

 2-1                 (1)  is employed by or participates in the management

 2-2     of a business entity or other organization receiving funds from the

 2-3     policy council;

 2-4                 (2)  owns or controls, directly or indirectly, more

 2-5     than a 10 percent interest in a business entity or other

 2-6     organization receiving funds from the policy council; or

 2-7                 (3)  uses or receives a substantial amount of tangible

 2-8     goods, services, or funds from the  policy council, other than

 2-9     compensation or reimbursement authorized by law for the executive

2-10     director.

2-11           (d)  The executive director may not work for any agency or

2-12     office of the state other than the policy council and may not

2-13     perform duties for any other state agency or office that negatively

2-14     affect the performance of the executive director's duties as

2-15     executive director of the policy council.

2-16           (e)  It is a ground for removal from the position of

2-17     executive director if the appointee:

2-18                 (1)  is disqualified for the position under Subsection

2-19     (c) or engages in an activity after appointment that, under

2-20     Subsection (c), would have disqualified the person for appointment

2-21     to the position;

2-22                 (2)  violates a prohibition established by Subsection

2-23     (d) or Section 532.006; or

2-24                 (3)  cannot because of illness or disability discharge

2-25     the executive director's duties.

2-26           Sec. 532.005.  STAFF.  (a)  The executive director may employ

2-27     personnel necessary to administer the responsibilities of the

 3-1     policy council.

 3-2           (b)  The executive director or the executive director's

 3-3     designee shall provide to policy council employees, as often as

 3-4     necessary, information regarding their qualification for employment

 3-5     under this chapter and their responsibilities under applicable laws

 3-6     relating to standards of conduct for state employees.

 3-7           (c)  The executive director or the executive director's

 3-8     designee shall develop an intra-agency career ladder program that

 3-9     addresses opportunities for mobility and advancement for employees

3-10     within the policy council.  The program shall require intra-agency

3-11     posting of all positions concurrently with any public posting.

3-12           (d)  The executive director or the executive director's

3-13     designee shall develop a system of annual performance evaluations

3-14     that are based on documented employee performance.  All merit pay

3-15     for policy council employees must be based on the system

3-16     established under this subsection.

3-17           (e)  The executive director or the executive director's

3-18     designee shall prepare and maintain a written policy statement to

3-19     assure implementation of a program of equal employment opportunity

3-20     under which all personnel transactions are made without regard to

3-21     race, color, disability, sex, religion, age, or national origin.

3-22     The policy statement must include:

3-23                 (1)  personnel policies, including policies relating to

3-24     recruitment, evaluation, selection, appointment, training, and

3-25     promotion of personnel that are in compliance with the requirements

3-26     of Chapter 21, Labor Code;

3-27                 (2)  a comprehensive analysis of the policy council

 4-1     workforce that meets federal and state laws, rules, and

 4-2     regulations, and instructions promulgated directly from those laws,

 4-3     rules, and regulations;

 4-4                 (3)  procedures by which a determination can be made

 4-5     about the extent of underuse in the policy council workforce of all

 4-6     persons for whom federal or state laws, rules, and regulations, and

 4-7     instructions promulgated directly from those laws, rules, and

 4-8     regulations encourage a more equitable balance; and

 4-9                 (4)  reasonable methods to appropriately address those

4-10     areas of underuse.

4-11           (f)  A policy statement prepared under Subsection (e) must

4-12     cover an annual period, be updated annually and reviewed by the

4-13     Commission on Human Rights for compliance with Subsection (e)(1),

4-14     and be filed with the governor's office.

4-15           (g)  The governor's office shall deliver a biennial report to

4-16     the legislature based on the information received under Subsection

4-17     (f).  The report may be made separately or as a part of other

4-18     biennial reports made to the legislature.

4-19           Sec. 532.006.  CONFLICT OF INTEREST.  (a)  An officer,

4-20     employee, or paid consultant of a Texas trade association in the

4-21     field of health and human services may not be the executive

4-22     director of the policy council or an employee of the policy council

4-23     who is exempt from the state's position classification plan or is

4-24     compensated at or above the amount prescribed by the General

4-25     Appropriations Act for step 1, salary group 17, of the position

4-26     classification salary schedule.

4-27           (b)  A person who is the spouse of an officer, manager, or

 5-1     paid consultant of a Texas trade association in the field of health

 5-2     and human services may not be the executive director of the policy

 5-3     council and may not be an employee of the policy council who is

 5-4     exempt from the state's position classification plan or is

 5-5     compensated at or above the amount prescribed by the General

 5-6     Appropriations Act for step 1, salary group 17, of the position

 5-7     classification salary schedule.

 5-8           (c)  A person may not serve as the executive director of the

 5-9     policy council or act as the general counsel to the policy council

5-10     if the person is required to register as a lobbyist under Chapter

5-11     305, Government Code, because of the person's activities for

5-12     compensation on behalf of a profession related to the operation of

5-13     the policy council.

5-14           (d)  For the purposes of this section, a Texas trade

5-15     association is a nonprofit, cooperative, and voluntarily joined

5-16     association of business or professional competitors in this state

5-17     designed to assist its members and its industry or profession in

5-18     dealing with mutual business or professional problems and in

5-19     promoting their common interest.

5-20           Sec. 532.007.  APPOINTMENT OF OTHER ADVISORY BODIES.  The

5-21     governor may establish other advisory councils, task forces, or

5-22     commissions the governor considers necessary to advise the policy

5-23     council or to accomplish the purposes of this chapter.

5-24           Sec. 532.008.  GENERAL DUTY OF POLICY COUNCIL.  The policy

5-25     council shall provide objective research and analysis of health and

5-26     human services needs and programs.

5-27           Sec. 532.009.  CONSULTATION WITH LEGISLATIVE OFFICIALS.  In

 6-1     setting the priorities for the research projects of the policy

 6-2     council, the executive director of the policy council shall consult

 6-3     the governor, lieutenant governor, speaker of the house of

 6-4     representatives, and presiding officer of each standing committee

 6-5     of the senate and house of representatives having jurisdiction over

 6-6     health and human services issues.

 6-7           Sec. 532.010.  CONTRACTUAL AUTHORITY.  The policy council may

 6-8     contract with public or private entities in the performance of its

 6-9     responsibilities.

6-10           Sec. 532.011.  FUNDS; GRANTS AND DONATIONS.  (a)  All money

6-11     paid to the policy council under this chapter is subject to

6-12     Subchapter F, Chapter 404, Government Code.

6-13           (b)  The executive director shall prepare annually a complete

6-14     and detailed written report accounting for all funds received and

6-15     disbursed by the policy council during the preceding fiscal year.

6-16     The annual report must meet the reporting requirements applicable

6-17     to financial reporting as provided in the General Appropriations

6-18     Act.

6-19           (c)  The policy council may accept grants and donations from

6-20     public and private entities in addition to legislative

6-21     appropriations.

6-22           Sec. 532.012.  HEALTH AND HUMAN SERVICES PLAN; BIENNIAL

6-23     REPORT.  The policy council biennially shall submit to the

6-24     legislature a plan detailing the actions necessary to promote an

6-25     effective health and human services system.

6-26           Sec. 532.013.  ACCESS TO PROGRAMS AND FACILITIES.  The policy

6-27     council shall comply with federal and state laws related to program

 7-1     and facility accessibility.  The executive director of the policy

 7-2     council shall also prepare and maintain a written plan that

 7-3     describes how a person who does not speak English can be provided

 7-4     reasonable access to the policy council's programs and services.

 7-5           Sec. 532.014.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The

 7-6     policy council shall prepare information of public interest

 7-7     describing the functions of the policy council and the procedures

 7-8     by which complaints are filed with and resolved by the policy

 7-9     council.  The policy council shall make the information available

7-10     to the public and appropriate state agencies.

7-11           (b)  The executive director of the policy council shall

7-12     establish methods by which consumers and service recipients are

7-13     notified of the name, mailing address, and telephone number of the

7-14     policy council for the purpose of directing complaints to the

7-15     policy council.  The executive director of the policy council may

7-16     provide for that notification on each written contract made under

7-17     this chapter for the services of an individual or other entity.

7-18           (c)  The policy council shall keep a file about each written

7-19     complaint filed with the policy council that the policy council has

7-20     authority to resolve.  The policy council shall provide to the

7-21     person filing the complaint and the persons or entities complained

7-22     about the policy council's policies and procedures pertaining to

7-23     complaint investigation and resolution.  The policy council, at

7-24     least quarterly and until final disposition of the complaint, shall

7-25     notify the person filing the complaint and the persons or entities

7-26     complained about of the status of the complaint unless the notice

7-27     would jeopardize an undercover investigation.

 8-1           (d)  The policy council shall keep information about each

 8-2     complaint filed with the policy council.  The information shall

 8-3     include:

 8-4                 (1)  the date the complaint is received;

 8-5                 (2)  the name of the complainant;

 8-6                 (3)  the subject matter of the complaint;

 8-7                 (4)  a record of all persons contacted in relation to

 8-8     the complaint;

 8-9                 (5)  a summary of the results of the review or

8-10     investigation of the complaint; and

8-11                 (6)  for complaints for which the agency took no

8-12     action, an explanation of the reason the complaint was closed

8-13     without action.

8-14           SECTION 2.  This Act takes effect September 1, 1997.

8-15           SECTION 3.  The importance of this legislation and the

8-16     crowded condition of the calendars in both houses create an

8-17     emergency and an imperative public necessity that the

8-18     constitutional rule requiring bills to be read on three several

8-19     days in each house be suspended, and this rule is hereby suspended.