By Maxey H.B. No. 2804
75R2805 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing local communities to exercise more control
1-3 over the planning and delivery of services for children and
1-4 families.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle I, Title 4, Government Code, is amended
1-7 by adding Chapter 533 to read as follows:
1-8 CHAPTER 533. LOCAL AND STATE COORDINATION OF PLANNING
1-9 AND DELIVERY OF SERVICES TO CHILDREN AND FAMILIES
1-10 SUBCHAPTER A. GENERAL PROVISIONS
1-11 Sec. 533.001. DEFINITIONS. In this subchapter:
1-12 (1) "Commission" means the Health and Human Services
1-13 Commission.
1-14 (2) "Health and human services agencies" has the
1-15 meaning assigned by Section 531.001.
1-16 (3) "Local board" means a local child and family
1-17 planning board certified by the commission under Section 533.042.
1-18 (Sections 533.002-533.020 reserved for expansion
1-19 SUBCHAPTER B. STATE PARTICIPATION IN PARTNERSHIP FOR
1-20 SERVICES TO CHILDREN AND FAMILIES
1-21 Sec. 533.021. STRATEGIC PLAN. (a) The commission shall
1-22 develop a strategic plan that establishes the framework for the
1-23 integrated planning and delivery of services to children and their
1-24 families by health and human services agencies.
2-1 (b) The strategic plan must:
2-2 (1) support the development of local boards throughout
2-3 the state and the provision of adequate technical assistance to
2-4 those boards;
2-5 (2) provide for a decentralized service delivery
2-6 system that is primarily focused on preserving the stability of the
2-7 family;
2-8 (3) include strategies for refinancing services for
2-9 children and families administered by health and human services
2-10 agencies to ensure the most effective use of federal, state, and
2-11 local funds;
2-12 (4) emphasize early intervention through
2-13 community-based services;
2-14 (5) include common and uniform goals, objectives, and
2-15 performance measures for health and human services agencies;
2-16 (6) define the role and responsibility of each
2-17 appropriate health and human services agency in the delivery of
2-18 services to children and families; and
2-19 (7) define the process for designating local areas
2-20 under Section 533.041, subject to the governor's approval.
2-21 (c) The commission shall consult with and seek input from
2-22 health and human services agencies, other appropriate state
2-23 agencies, local officials, and private organizations in developing
2-24 the strategic plan.
2-25 (d) A health and human services agency shall use the
2-26 strategic plan to develop the agency's operational plan.
2-27 Sec. 533.022. FAMILY INVESTMENT PLAN; LOCAL GRANTS. (a)
3-1 The commission by rule shall develop and implement a family
3-2 investment plan to combine federal, state, and local funds for
3-3 services to children and their families and to coordinate the
3-4 spending of those funds in a manner that will allow local
3-5 communities to customize those services and programs.
3-6 (b) In adopting rules under this section, the commission
3-7 shall:
3-8 (1) provide for the issuance of community assistance
3-9 grants to assist a local area designated by the commission under
3-10 Section 533.041 in establishing local boards under Section 533.042;
3-11 (2) provide for the issuance of family investment
3-12 grants to local boards certified by the commission;
3-13 (3) ensure there is no duplication of resources;
3-14 (4) combine all or part of state and federal funding
3-15 in child protective services, foster care, and family preservation
3-16 services;
3-17 (5) consult with the comptroller to ensure the fiscal
3-18 aspects of the plan are appropriately handled; and
3-19 (6) provide for audits of local boards receiving
3-20 family investment grants to ensure the funds are spent
3-21 appropriately and produce results.
3-22 (c) The Legislative Budget Board, at the request of the
3-23 commission, may transfer appropriations from health and human
3-24 services agencies and other state agencies that provide services to
3-25 children to the commission for purposes of this section.
3-26 (d) In addition to providing assistance under Subsection
3-27 (b)(5), the comptroller shall provide to the commission technical
4-1 assistance as necessary to implement this section.
4-2 Sec. 533.023. LOCAL SERVICE INTEGRATION. The commission
4-3 shall:
4-4 (1) identify specific barriers to integrated service
4-5 delivery at the local level;
4-6 (2) request waivers from federal and state
4-7 regulations; and
4-8 (3) advocate changes in federal and state laws to
4-9 promote local service integration.
4-10 Sec. 533.024. TRAINING AND TECHNICAL ASSISTANCE. (a) The
4-11 commission, in conjunction with appropriate health and human
4-12 services agencies, shall develop and implement a uniform system to
4-13 provide technical assistance to a local board.
4-14 (b) The commission shall ensure that the system includes the
4-15 use of an automated case management system, communication links,
4-16 and other information technology.
4-17 (Sections 533.025-533.040 reserved for expansion
4-18 SUBCHAPTER C. CREATION AND ADMINISTRATION OF LOCAL PLANNING
4-19 BOARD FOR SERVICES TO CHILDREN AND THEIR FAMILIES
4-20 Sec. 533.041. DESIGNATION OF LOCAL AREAS. (a) The
4-21 commission shall designate local areas for the planning and
4-22 delivery of services to children and families by health and human
4-23 services agencies.
4-24 (b) A local area must be:
4-25 (1) composed of more than one contiguous unit of local
4-26 governmental entities that includes at least one county; and
4-27 (2) of a sufficient size to have the administrative
5-1 resources necessary to provide for the effective planning,
5-2 management, and delivery of services to children and their
5-3 families.
5-4 (c) An affected local governmental entity and other affected
5-5 persons must be given an opportunity to comment on and request
5-6 revisions to the proposed designation of a local area.
5-7 (d) After considering all comments and requests for changes,
5-8 the commission shall determine whether to approve the designation.
5-9 Sec. 533.042. COMMUNITY INVESTMENT GRANT; CREATION OF LOCAL
5-10 BOARDS. (a) The commission by rule shall provide for a procedure
5-11 by which the commission may make a small assistance grant to the
5-12 chief elected officials in a local area designated under Section
5-13 533.041 on their certification to provide an incentive to establish
5-14 a local child and family planning board and support its initial
5-15 operation.
5-16 (b) To receive a community investment grant, the chief
5-17 elected officials must submit a proposal to the commission. The
5-18 proposal must:
5-19 (1) demonstrate that the officials have consulted with
5-20 other public entities, nonprofit organizations, voluntary
5-21 associations, representatives of low-income persons, and other
5-22 groups involved in providing health and human services or funding
5-23 for those services concerning the needs of the community relating
5-24 to the provision of services to children and their families and how
5-25 to meet those needs; and
5-26 (2) identify the proposed membership of the local
5-27 board.
6-1 (c) The commission shall adopt rules governing the
6-2 certification and operation of local boards and the method of
6-3 selection and terms of members of the local board.
6-4 (d) If the commission receives a proposal for a local board
6-5 that conforms to commission rules, the commission shall certify the
6-6 local board. A local board is established when it is certified by
6-7 the commission.
6-8 Sec. 533.043. LOCAL BOARD DUTIES. (a) A local board shall
6-9 develop a plan to address the needs for services to children and
6-10 their families in the local area that:
6-11 (1) is responsive to the goals, objectives, and
6-12 performance standards established by the commission under Section
6-13 533.021; and
6-14 (2) targets services to meet local needs.
6-15 (b) The plan must identify:
6-16 (1) goals, objectives, and performance measures;
6-17 (2) the children and families to be served;
6-18 (3) the types of services to be provided;
6-19 (4) the service providers; and
6-20 (5) the structure of the delivery system.
6-21 (c) A local board shall:
6-22 (1) review plans for the delivery of services to
6-23 children and families to ensure that the plans address the needs of
6-24 residents in the local areas and recommend appropriate changes to
6-25 the commission in the delivery of family and children services;
6-26 (2) evaluate the effectiveness of state agencies and
6-27 other contractors in providing services to the local area to ensure
7-1 that performance is consistent with state and local goals and
7-2 objectives; and
7-3 (3) promote cooperation and coordination among public
7-4 organizations and community organizations providing services to
7-5 children and families.
7-6 (d) A local board may not directly provide services to
7-7 children and families in the local area.
7-8 Sec. 533.044. FAMILY INVESTMENT GRANT. (a) A grant made to
7-9 a local board under Section 533.022 must be distributed locally for
7-10 services that promote the social, emotional, or physical well-being
7-11 of children and promote family support.
7-12 (b) A local planning board shall seek local resources for
7-13 services to children and their families from both the for-profit
7-14 and nonprofit sectors of the local area.
7-15 SECTION 2. (a) As soon as practicable after the effective
7-16 date of this Act, the Health and Human Services Commission shall
7-17 contract with the Texas A&M University Center for Housing and Urban
7-18 Development to develop a technical assistance and facilitation
7-19 system to assist local areas in the planning and delivery of
7-20 services and programs for children and their families.
7-21 (b) In developing the system, the center shall:
7-22 (1) use the capacity building model in the colonias
7-23 program as a model for the system; and
7-24 (2) consult and share information with appropriate
7-25 health and human services agencies.
7-26 (c) Not later than September 1, 1998, the commission shall
7-27 designate at least two local areas in which to implement the
8-1 system.
8-2 SECTION 3. This Act takes effect September 1, 1997.
8-3 SECTION 4. The importance of this legislation and the
8-4 crowded condition of the calendars in both houses create an
8-5 emergency and an imperative public necessity that the
8-6 constitutional rule requiring bills to be read on three several
8-7 days in each house be suspended, and this rule is hereby suspended.