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                                  * * * * *