Amend CSSB 374 by striking SECTION 1.17 of the bill
(Committee Printing, page 7, line 56, through page 8, line 25) and
substituting the following:
      SECTION 1.17. (a)  On September 1, 1999, the licensing and
regulation of home and community support services agencies and home
health medication aides under Chapter 142, Health and Safety Code,
and the certification of home and community support services
agencies on behalf of the United States Department of Health and
Human Services for purposes of participation in the Medicare
program are transferred from the Texas Department of Health to the
Texas Department of Human Services.
      (b)  On September 1, 1999, all funds, obligations, and
contracts of the Texas Department of Health related to a function
listed in Subsection (a) of this section are transferred to the
Texas Department of Human Services.
      (c)  On September 1, 1999, all property and records in the
custody of the Texas Department of Health related to a function
listed in Subsection (a) of this section and all funds appropriated
by the legislature to the Texas Department of Health for a function
listed in Subsection (a) of this section are transferred to the
Texas Department of Human Services.
      (d)  On September 1, 1999, all employees of the Texas
Department of Health who perform duties related to a function
listed in Subsection (a) of this section become employees of the
Texas Department of Human Services, to be assigned duties by the
commissioner of human services.
      (e)  A rule or form adopted by the Texas Department of Health
that relates to a function listed in Subsection (a) of this section
is a rule or form of the Texas Department of Human Services and
remains in effect until altered by the department.  The secretary
of state is authorized to adopt rules as necessary to expedite the
implementation of this subsection.
      (f)  The transfer of the functions listed in Subsection (a)
of this section does not affect or impair any act done, any
obligation, right, order, license, permit, rule, criterion,
standard, or requirement existing, any investigation begun, or any
penalty accrued under former law, and that law remains in effect
for any action concerning those matters.
      (g)  An action brought or proceeding commenced before the
transfer required by this section is effected, including a
contested case or a remand of an action or proceeding by a
reviewing court, is governed by the law and rules applicable to the
action or proceeding before the date of the transfer.
      (h)  After the transfer required by this section is effected,
a reference in law to the Texas Department of Health or the Texas
Board of Health that relates to a function listed in Subsection (a)
of this section means the Texas Department of Human Services and
the Texas Board of Human Services, respectively.