1-1 By: Delisi (Senate Sponsor - Zaffirini) H.B. No. 2385 1-2 (In the Senate - Received from the House May 14, 1997; 1-3 May 15, 1997, read first time and referred to Committee on Health 1-4 and Human Services; May 18, 1997, reported favorably by the 1-5 following vote: Yeas 8, Nays 1; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of the Health and Human Services Policy 1-9 Council. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subtitle I, Title 4, Government Code, is amended 1-12 by adding Chapter 532 to read as follows: 1-13 CHAPTER 532. HEALTH AND HUMAN SERVICES POLICY COUNCIL 1-14 Sec. 532.001. DEFINITION. In this chapter, "policy council" 1-15 means the Health and Human Services Policy Council. 1-16 Sec. 532.002. HEALTH AND HUMAN SERVICES POLICY COUNCIL. The 1-17 Health and Human Services Policy Council is an agency of the state. 1-18 Sec. 532.003. SUNSET PROVISION. The Health and Human 1-19 Services Policy Council is subject to Chapter 325 (Texas Sunset 1-20 Act). Unless continued in existence as provided by that chapter, 1-21 the council is abolished September 1, 1999. 1-22 Sec. 532.004. EXECUTIVE DIRECTOR. (a) The policy council 1-23 is under the direction of an executive director. 1-24 (b) The executive director is appointed by the governor with 1-25 the advice and consent of the senate. The appointment of an 1-26 executive director shall be made without regard to the race, color, 1-27 disability, sex, religion, age, or national origin of the 1-28 appointee. 1-29 (c) A person is not eligible for appointment as the 1-30 executive director if the person or the person's spouse: 1-31 (1) is employed by or participates in the management 1-32 of a business entity or other organization receiving funds from the 1-33 policy council; 1-34 (2) owns or controls, directly or indirectly, more 1-35 than a 10 percent interest in a business entity or other 1-36 organization receiving funds from the policy council; or 1-37 (3) uses or receives a substantial amount of tangible 1-38 goods, services, or funds from the policy council, other than 1-39 compensation or reimbursement authorized by law for the executive 1-40 director. 1-41 (d) The executive director may not work for any agency or 1-42 office of the state other than the policy council and may not 1-43 perform duties for any other state agency or office that negatively 1-44 affect the performance of the executive director's duties as 1-45 executive director of the policy council. 1-46 (e) It is a ground for removal from the position of 1-47 executive director if the appointee: 1-48 (1) is disqualified for the position under Subsection 1-49 (c) or engages in an activity after appointment that, under 1-50 Subsection (c), would have disqualified the person for appointment 1-51 to the position; 1-52 (2) violates a prohibition established by Subsection 1-53 (d) or Section 532.006; or 1-54 (3) cannot because of illness or disability discharge 1-55 the executive director's duties. 1-56 Sec. 532.005. STAFF. (a) The executive director may employ 1-57 personnel necessary to administer the responsibilities of the 1-58 policy council. 1-59 (b) The executive director or the executive director's 1-60 designee shall provide to policy council employees, as often as 1-61 necessary, information regarding their qualification for employment 1-62 under this chapter and their responsibilities under applicable laws 1-63 relating to standards of conduct for state employees. 1-64 (c) The executive director or the executive director's 2-1 designee shall develop an intra-agency career ladder program that 2-2 addresses opportunities for mobility and advancement for employees 2-3 within the policy council. The program shall require intra-agency 2-4 posting of all positions concurrently with any public posting. 2-5 (d) The executive director or the executive director's 2-6 designee shall develop a system of annual performance evaluations 2-7 that are based on documented employee performance. All merit pay 2-8 for policy council employees must be based on the system 2-9 established under this subsection. 2-10 (e) The executive director or the executive director's 2-11 designee shall prepare and maintain a written policy statement to 2-12 assure implementation of a program of equal employment opportunity 2-13 under which all personnel transactions are made without regard to 2-14 race, color, disability, sex, religion, age, or national origin. 2-15 The policy statement must include: 2-16 (1) personnel policies, including policies relating to 2-17 recruitment, evaluation, selection, appointment, training, and 2-18 promotion of personnel that are in compliance with the requirements 2-19 of Chapter 21, Labor Code; 2-20 (2) a comprehensive analysis of the policy council 2-21 workforce that meets federal and state laws, rules, and 2-22 regulations, and instructions promulgated directly from those laws, 2-23 rules, and regulations; 2-24 (3) procedures by which a determination can be made 2-25 about the extent of underuse in the policy council workforce of all 2-26 persons for whom federal or state laws, rules, and regulations, and 2-27 instructions promulgated directly from those laws, rules, and 2-28 regulations encourage a more equitable balance; and 2-29 (4) reasonable methods to appropriately address those 2-30 areas of underuse. 2-31 (f) A policy statement prepared under Subsection (e) must 2-32 cover an annual period, be updated annually and reviewed by the 2-33 Commission on Human Rights for compliance with Subsection (e)(1), 2-34 and be filed with the governor's office. 2-35 (g) The governor's office shall deliver a biennial report to 2-36 the legislature based on the information received under Subsection 2-37 (f). The report may be made separately or as a part of other 2-38 biennial reports made to the legislature. 2-39 Sec. 532.006. CONFLICT OF INTEREST. (a) An officer, 2-40 employee, or paid consultant of a Texas trade association in the 2-41 field of health and human services may not be the executive 2-42 director of the policy council or an employee of the policy council 2-43 who is exempt from the state's position classification plan or is 2-44 compensated at or above the amount prescribed by the General 2-45 Appropriations Act for step 1, salary group 17, of the position 2-46 classification salary schedule. 2-47 (b) A person who is the spouse of an officer, manager, or 2-48 paid consultant of a Texas trade association in the field of health 2-49 and human services may not be the executive director of the policy 2-50 council and may not be an employee of the policy council who is 2-51 exempt from the state's position classification plan or is 2-52 compensated at or above the amount prescribed by the General 2-53 Appropriations Act for step 1, salary group 17, of the position 2-54 classification salary schedule. 2-55 (c) A person may not serve as the executive director of the 2-56 policy council or act as the general counsel to the policy council 2-57 if the person is required to register as a lobbyist under Chapter 2-58 305, Government Code, because of the person's activities for 2-59 compensation on behalf of a profession related to the operation of 2-60 the policy council. 2-61 (d) For the purposes of this section, a Texas trade 2-62 association is a nonprofit, cooperative, and voluntarily joined 2-63 association of business or professional competitors in this state 2-64 designed to assist its members and its industry or profession in 2-65 dealing with mutual business or professional problems and in 2-66 promoting their common interest. 2-67 Sec. 532.007. APPOINTMENT OF OTHER ADVISORY BODIES. The 2-68 governor may establish other advisory councils, task forces, or 2-69 commissions the governor considers necessary to advise the policy 3-1 council or to accomplish the purposes of this chapter. 3-2 Sec. 532.008. GENERAL DUTY OF POLICY COUNCIL. The policy 3-3 council shall provide objective research and analysis of health and 3-4 human services needs and programs. 3-5 Sec. 532.009. CONSULTATION WITH LEGISLATIVE OFFICIALS. In 3-6 setting the priorities for the research projects of the policy 3-7 council, the executive director of the policy council shall consult 3-8 the governor, lieutenant governor, speaker of the house of 3-9 representatives, and presiding officer of each standing committee 3-10 of the senate and house of representatives having jurisdiction over 3-11 health and human services issues. 3-12 Sec. 532.010. CONTRACTUAL AUTHORITY. The policy council may 3-13 contract with public or private entities in the performance of its 3-14 responsibilities. 3-15 Sec. 532.011. FUNDS; GRANTS AND DONATIONS. (a) All money 3-16 paid to the policy council under this chapter is subject to 3-17 Subchapter F, Chapter 404, Government Code. 3-18 (b) The executive director shall prepare annually a complete 3-19 and detailed written report accounting for all funds received and 3-20 disbursed by the policy council during the preceding fiscal year. 3-21 The annual report must meet the reporting requirements applicable 3-22 to financial reporting as provided in the General Appropriations 3-23 Act. 3-24 (c) The policy council may accept grants and donations from 3-25 public and private entities in addition to legislative 3-26 appropriations. 3-27 Sec. 532.012. HEALTH AND HUMAN SERVICES PLAN; BIENNIAL 3-28 REPORT. The policy council biennially shall submit to the 3-29 legislature a plan detailing the actions necessary to promote an 3-30 effective health and human services system. 3-31 Sec. 532.013. ACCESS TO PROGRAMS AND FACILITIES. The policy 3-32 council shall comply with federal and state laws related to program 3-33 and facility accessibility. The executive director of the policy 3-34 council shall also prepare and maintain a written plan that 3-35 describes how a person who does not speak English can be provided 3-36 reasonable access to the policy council's programs and services. 3-37 Sec. 532.014. CONSUMER INFORMATION AND COMPLAINTS. (a) The 3-38 policy council shall prepare information of public interest 3-39 describing the functions of the policy council and the procedures 3-40 by which complaints are filed with and resolved by the policy 3-41 council. The policy council shall make the information available 3-42 to the public and appropriate state agencies. 3-43 (b) The executive director of the policy council shall 3-44 establish methods by which consumers and service recipients are 3-45 notified of the name, mailing address, and telephone number of the 3-46 policy council for the purpose of directing complaints to the 3-47 policy council. The executive director of the policy council may 3-48 provide for that notification on each written contract made under 3-49 this chapter for the services of an individual or other entity. 3-50 (c) The policy council shall keep a file about each written 3-51 complaint filed with the policy council that the policy council has 3-52 authority to resolve. The policy council shall provide to the 3-53 person filing the complaint and the persons or entities complained 3-54 about the policy council's policies and procedures pertaining to 3-55 complaint investigation and resolution. The policy council, at 3-56 least quarterly and until final disposition of the complaint, shall 3-57 notify the person filing the complaint and the persons or entities 3-58 complained about of the status of the complaint unless the notice 3-59 would jeopardize an undercover investigation. 3-60 (d) The policy council shall keep information about each 3-61 complaint filed with the policy council. The information shall 3-62 include: 3-63 (1) the date the complaint is received; 3-64 (2) the name of the complainant; 3-65 (3) the subject matter of the complaint; 3-66 (4) a record of all persons contacted in relation to 3-67 the complaint; 3-68 (5) a summary of the results of the review or 3-69 investigation of the complaint; and 4-1 (6) for complaints for which the agency took no 4-2 action, an explanation of the reason the complaint was closed 4-3 without action. 4-4 SECTION 2. This Act takes effect September 1, 1997. 4-5 SECTION 3. The importance of this legislation and the 4-6 crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended. 4-10 * * * * *