By Delisi                                             H.B. No. 2385

         75R6848 MCK-D                           

                                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 guidelines;

 4-2                 (3)  procedures by which a determination can be made

 4-3     about the extent of underuse in the policy council workforce of all

 4-4     persons for whom federal or state guidelines encourage a more

 4-5     equitable balance; and

 4-6                 (4)  reasonable methods to appropriately address those

 4-7     areas of underuse.

 4-8           (f)  A policy statement prepared under Subsection (e) must

 4-9     cover an annual period, be updated annually and reviewed by the

4-10     Commission on Human Rights for compliance with Subsection (e)(1),

4-11     and be filed with the governor's office.

4-12           (g)  The governor's office shall deliver a biennial report to

4-13     the legislature based on the information received under Subsection

4-14     (f).  The report may be made separately or as a part of other

4-15     biennial reports made to the legislature.

4-16           Sec. 532.006.  CONFLICT OF INTEREST.  (a)  An officer,

4-17     employee, or paid consultant of a Texas trade association in the

4-18     field of health and human services may not be the executive

4-19     director of the policy council or an employee of the policy council

4-20     who is exempt from the state's position classification plan or is

4-21     compensated at or above the amount prescribed by the General

4-22     Appropriations Act for step 1, salary group 17, of the position

4-23     classification salary schedule.

4-24           (b)  A person who is the spouse of an officer, manager, or

4-25     paid consultant of a Texas trade association in the field of health

4-26     and human services may not be the executive director of the policy

4-27     council and may not be an employee of the policy council who is

 5-1     exempt from the state's position classification plan or is

 5-2     compensated at or above the amount prescribed by the General

 5-3     Appropriations Act for step 1, salary group 17, of the position

 5-4     classification salary schedule.

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

 5-6     policy council or act as the general counsel to the policy council

 5-7     if the person is required to register as a lobbyist under Chapter

 5-8     305, Government Code, because of the person's activities for

 5-9     compensation on behalf of a profession related to the operation of

5-10     the policy council.

5-11           (d)  For the purposes of this section, a Texas trade

5-12     association is a nonprofit, cooperative, and voluntarily joined

5-13     association of business or professional competitors in this state

5-14     designed to assist its members and its industry or profession in

5-15     dealing with mutual business or professional problems and in

5-16     promoting their common interest.

5-17           Sec. 532.007.  APPOINTMENT OF OTHER ADVISORY BODIES.  The

5-18     governor may establish other advisory councils, task forces, or

5-19     commissions the governor considers necessary to advise the policy

5-20     council or to accomplish the purposes of this chapter.

5-21           Sec. 532.008.  GENERAL DUTY OF POLICY COUNCIL.  The policy

5-22     council shall provide objective research and analysis of health and

5-23     human services needs and programs.

5-24           Sec. 532.009.  CONSULTATION WITH LEGISLATIVE OFFICIALS.  In

5-25     setting the priorities for the research projects of the policy

5-26     council, the executive director of the policy council shall consult

5-27     the governor, lieutenant governor, speaker of the house of

 6-1     representatives, and presiding officer of each standing committee

 6-2     of the senate and house of representatives having jurisdiction over

 6-3     health and human services issues.

 6-4           Sec. 532.010.  CONTRACTUAL AUTHORITY.  The policy council may

 6-5     contract with public or private entities in the performance of its

 6-6     responsibilities.

 6-7           Sec. 532.011.  FUNDS; GRANTS AND DONATIONS.  (a)  All money

 6-8     paid to the policy council under this chapter is subject to

 6-9     Subchapter F, Chapter 404, Government Code.

6-10           (b)  The executive director shall prepare annually a complete

6-11     and detailed written report accounting for all funds received and

6-12     disbursed by the policy council during the preceding fiscal year.

6-13     The annual report must meet the reporting requirements applicable

6-14     to financial reporting as provided in the General Appropriations

6-15     Act.

6-16           (c)  The policy council may accept grants and donations from

6-17     public and private entities in addition to legislative

6-18     appropriations.

6-19           Sec. 532.012.  HEALTH AND HUMAN SERVICES PLAN; BIENNIAL

6-20     REPORT.  The policy council biennially shall submit to the

6-21     legislature a plan detailing the actions necessary to promote an

6-22     effective health and human services system.

6-23           Sec. 532.013.  ACCESS TO PROGRAMS AND FACILITIES.  The policy

6-24     council shall comply with federal and state laws related to program

6-25     and facility accessibility.  The executive director of the policy

6-26     council shall also prepare and maintain a written plan that

6-27     describes how a person who does not speak English can be provided

 7-1     reasonable access to the policy council's programs and services.

 7-2           Sec. 532.014.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The

 7-3     policy council shall prepare information of public interest

 7-4     describing the functions of the policy council and the procedures

 7-5     by which complaints are filed with and resolved by the policy

 7-6     council.  The policy council shall make the information available

 7-7     to the public and appropriate state agencies.

 7-8           (b)  The executive director of the policy council shall

 7-9     establish methods by which consumers and service recipients are

7-10     notified of the name, mailing address, and telephone number of the

7-11     policy council for the purpose of directing complaints to the

7-12     policy council.  The executive director of the policy council may

7-13     provide for that notification on each written contract made under

7-14     this chapter for the services of an individual or other entity.

7-15           (c)  The policy council shall keep a file about each written

7-16     complaint filed with the policy council that the policy council has

7-17     authority to resolve.  The policy council shall provide to the

7-18     person filing the complaint and the persons or entities complained

7-19     about the policy council's policies and procedures pertaining to

7-20     complaint investigation and resolution.  The policy council, at

7-21     least quarterly and until final disposition of the complaint, shall

7-22     notify the person filing the complaint and the persons or entities

7-23     complained about of the status of the complaint unless the notice

7-24     would jeopardize an undercover investigation.

7-25           (d)  The policy council shall keep information about each

7-26     complaint filed with the policy council.  The information shall

7-27     include:

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

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

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

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

 8-5     the complaint;

 8-6                 (5)  a summary of the results of the review or

 8-7     investigation of the complaint; and

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

 8-9     action, an explanation of the reason the complaint was closed

8-10     without action.

8-11           SECTION 2.  Chapter 325, Government Code, is amended by

8-12     adding Section 325.0083 to read as follows:

8-13           Sec. 325.0083.  REVIEW OF HEALTH AND HUMAN SERVICES AGENCIES.

8-14     (a)  During the period in which the commission reviews agencies

8-15     that would be abolished on September 1, 1999, the commission shall

8-16     determine whether the following agencies should remain independent

8-17     entities and what relationship each agency should have with the

8-18     Health and Human Services Policy Council:

8-19                 (1)  the Texas Cancer Council;

8-20                 (2)  the Center for Rural Health Initiatives;

8-21                 (3)  the Children's Trust Fund of Texas Council;

8-22                 (4)  the Texas Commission for the Deaf and Hard of

8-23     Hearing;

8-24                 (5)  the Texas Diabetes Council;

8-25                 (6)  the Texas Health Care Information Council;

8-26                 (7)  the Interagency Council on Early Childhood

8-27     Intervention Services;

 9-1                 (8)  the Office for the Prevention of Developmental

 9-2     Disabilities;

 9-3                 (9)  the Texas Planning Council for Developmental

 9-4     Disabilities; and

 9-5                 (10)  the statewide health coordinating council.

 9-6           (b)  This section expires September 1, 1999.

 9-7           SECTION 3.  This Act takes effect September 1, 1997.

 9-8           SECTION 4.  The importance of this legislation and the

 9-9     crowded condition of the calendars in both houses create an

9-10     emergency and an imperative public necessity that the

9-11     constitutional rule requiring bills to be read on three several

9-12     days in each house be suspended, and this rule is hereby suspended.

9-13                          COMMITTEE AMENDMENT NO. 1

9-14           Amend H.B. No. 2385 by striking SECTION 2 of the bill on page

9-15     8, lines 11-27 and page 9, lines 1-6, and renumbering the remaining

9-16     SECTIONS of the bill appropriately.

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