SRC-JXG H.B. 2641 76(R) BILL ANALYSIS
Senate Research Center H.B. 2641
By: Gray (Brown)
Human Services
5/3/1999
Engrossed
DIGEST
In 1991, the 72nd Legislature created the Health and Human Services
Commission (HHSC) to coordinate the delivery of health and human services
in this state. Today, 14 state agencies, with an appropriation of
approximately $26 billion for the 1998-1999 biennium, are responsible for
delivering these services. HHSC is subject to the Texas Sunset Act and will
be abolished on September 1, 1999, unless continued by the legislature.
H.B. 2641 would continue HHSC until September 1, 2007, and would increase
HHSC's operational control over health and human services.
PURPOSE
As proposed, H.B. 2641 sets forth the continuation and functions of the
Health and Human Services Commission.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Commissioner of Health and Human
Services in SECTION 2.01 (Section 531.0055(j), Government Code); and to the
Health and Human Services Commission in SECTIONS 3.06, 3.07, and 4.04
(Sections 531.034(d), Government Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. GENERAL POWERS AND DUTIES OF HEALTH AND HUMAN
SERVICES COMMISSION
SECTION 1.01. Amends Section 531.004, Government Code, to continue the
Health and Human Services Commission (HHSC) until September 1, 2007, rather
than 1999.
SECTION 1.02. Amends Section 531.005(a), Government Code, to provide that
the commissioner of health and human services (commissioner) may be removed
by the governor. Deletes text regarding with the advice and consent of the
senate.
SECTION 1.03. Amends Section 531.009, Government Code, to require the
commissioner to employ a medical director to provide medical expertise to
the commissioner and HHSC and to employ other personnel necessary to
administer HHSC duties. Requires the commissioner or the commissioner's
designated representative to prepare and maintain a written policy
statement that implements a program of equal employment opportunity to
ensure that all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. Sets forth
requirements for the policy statement. Requires the policy statement
described by Subsection (e) to be updated annually, be reviewed by the
state Commission on Human Rights for compliance with Subsection (f)(1), and
be filed with the governor's office. Deletes text regarding procedures and
reasonable methods in the commission. Makes conforming changes.
SECTION 1.04. Amends Section 531.011, Government Code, by adding Subsection
(g), to set forth standard language developed by the Sunset Advisory
Commission regarding complaint information.
SECTION 1.05. Amends Chapter 531A, Government Code, by adding Section
531.014, as follows:
Sec. 531.014. CONSOLIDATION OF REPORTS. Authorizes HHSC to consolidate any
annual or biennial reports required to be made under this chapter or
another law if certain conditions exist.
SECTION 1.06. Amends Chapter 531A, Government Code, by adding Section
531.015, as follows:
Sec. 531.015. PUBLIC HEARINGS IN CERTAIN COUNTIES. Prohibits a health and
human services agency from establishing a new facility at which the agency
proposes to provide any services that the agency is authorized to provide
in a county with a population of less than 200,000 unless the health and
human services agency holds a public hearing in that county at which the
facility and its proposed location is explained and at which public comment
may be offered. Requires the time, place, and subject of the hearing to be
publicized appropriately. Requires each state representative that
represents all or part of the county to be informed in a timely manner of
the time, place, and subject of the hearing.
ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES
SECTION 2.01. Amends Chapter 531A, Government Code, by adding Sections
531.0055 and 531.0056, as follows:
Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO CERTAIN FUNCTIONS
OF HEALTH AND HUMAN SERVICES AGENCIES. (a) Defines "agency director" and
"policymaking body."
(b) Sets forth requirements for HHSC.
(c) Requires HHSC to implement the powers and duties given to HHSC under
Sections 531.0246, 531.0247, 2155.144, as added by Chapter 1045, Acts of
the 75th Legislature, Regular Session, 1997, and 2167.004, after
implementation of HHSC duties under Subsection (b).
(d) Requires HHSC to implement the powers and duties given to HHSC under
Section 531.0248, after implementation of HHSC duties under Subsections (b)
and (c).
(e) Requires the commissioner, as necessary to perform the functions
described by Subsection (b), (c), and (d) in implementation of the policies
established by each agency's policymaking body, to manage and direct the
operation of each health and human services agency, and supervise and
direct the activities of each agency director.
(f) Sets forth the operational authority of the commissioner.
(g) Provides that the operational authority of the commissioner for
purposes of Subsection (e) at each health and human services agency
includes the authority to adopt or approve, subject to applicable
limitations, any rate of payment or similar provision required by law to be
adopted or approved by the agency, notwithstanding any other law.
(h) Requires the commissioner to implement a program to evaluate and
supervise the daily operations of the agency, for each health and human
services agency. Requires the program to include measurable performance
objectives for each agency director and adequate reporting requirements to
permit the commissioner to perform the duties assigned to the commissioner
under this section, for each health and human services agency.
(i) Authorizes the commissioner to delegate a specific power or duty given
under Subsection (f) or (g) to an agency director, to facilitate the
operations of a health and human services agency in accordance with this
section.
(j) Authorizes the commissioner to adopt rules to implement the
commissioner's authority under this section.
(k) Requires the commissioner and each agency director to enter into a
memorandum of understanding that clearly defines the responsibilities of
the agency director and the commissioner, establishes the program of
evaluation and supervision of daily operations required by Subsection (h),
and describes each delegation of power or duty made under Subsection (i).
(l) Provides that a policymaking body has the authority provided by law to
adopt policies and rules governing the delivery of services to persons who
are served by the agency and the rights and duties of persons who are
served or regulated by the agency, notwithstanding any other provision of
this section. Prohibits a policymaking body and the commissioner from
performing any power or duty or adopting any rule or policy that expands or
creates a right, power, or duty beyond that granted or created by the
express terms of a state or federal statute, and the powers and duties and
the rulemaking authority of a policymaking body and the commissioner shall
be strictly construed in accordance with the express terms and conditions
of state and federal law and in a manner that will accomplish the
underlying purposes of this chapter. Requires the commissioner and each
policymaking body to enter into a memorandum of understanding that clearly
defines the policymaking authority of the policymaking body, and the
operational authority of the commissioner.
Sec. 531.0056. AUTHORITY OVER RULEMAKING AT HEALTH AND HUMAN SERVICES
AGENCY. Requires a health and human services agency to notify the
commissioner before proposing a rule, notwithstanding any other law.
Provides that a rule adopted in violation of this section is void.
Authorizes the commissioner to waive the requirement of this section as
necessary to permit emergency rulemaking in accordance with Section
2001.034.
SECTION 2.02. Amends Sections 21.004(a) and (b), Human Resources Code, to
provide that the commissioner of human services (human services
commissioner) exercises all rights, powers, and duties imposed or conferred
by law on the Texas Department of Human Services (DHS) unless the right,
power, or duty is specifically delegated by the commissioner, rather than
the Texas Board of Human Services (TBHS), to DHS's agents or employees.
Provides that the human services commissioner is appointed by the
commissioner with the concurrence of TBHS and the approval of the governor.
Provides that the human services commissioner serves at the pleasure of the
commissioner, but may be discharged only with the concurrence of TBHS.
Deletes text regarding board.
SECTION 2.03. Amends Chapter 22, Human Resources Code, by adding Section
22.0001, as follows:
Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN
SERVICES. Provides that the commissioner has the powers and duties relating
to TBHS and the human services commissioner as provided by Section
531.0055, Government Code. Provides that to the extent a power or duty
given to TBHS or the human services commissioner by this title or another
law conflicts with Section 531.0055, Government Code, Section 531.0055
controls.
SECTION 2.04. Amends Section 40.027, Human Resources Code, to require the
commissioner to appoint the executive director with the concurrence of the
board and the approval of the governor. Makes conforming changes. Deletes
text regarding the board.
SECTION 2.05. Amends Chapter 40C, Human Resources Code, by adding Section
40.0505, as follows:
Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN
SERVICES. Provides that the commissioner has the powers and duties relating
to TBHS and the executive director as provided by Section 531.0055,
Government Code. Provides that to the extent a power or duty given to TBHS
or the executive director by this chapter or another law conflicts with
Section 531.0055, Government Code, Section 531.0055 controls.
SECTION 2.06. Amends Chapter 73, Human Resources Code, by adding Section
73.0045, to make conforming changes.
SECTION 2.07. Amends Sections 73.0052(b) and (c), Human Resources Code, to
require the commissioner to appoint an executive director with the
concurrence of TBHS and the approval of the governor. Provides that the
executive director serves at the pleasure of the commissioner but may be
discharged only with the concurrence of TBHS. Deletes text regarding the
board. Makes conforming changes.
SECTION 2.08. Amends Chapter 81, Human Resources Code, by adding Section
81.0055, to make conforming changes.
SECTION 2.09. Amends Sections 81.008(a) and (b), Human Resources Code, to
make conforming changes. Deletes text regarding the commission.
SECTION 2.10. Amends Sections 91.012(a), (b), and (d), Human Resources
Code, to make conforming changes. Deletes text regarding commission.
SECTION 2.11. Amends Chapter 91C, Human Resources Code, by adding Section
91.0205, to make conforming changes.
SECTION 2.12. Amends Section 101.004(a), Human Resources Code, to make
conforming changes. Deletes text regarding the board.
SECTION 2.13. Amends Chapter 101B, Human Resources Code, to make conforming
changes.
SECTION 2.14. Amends Section 111.017, Human Resources Code, to make
conforming changes. Deletes text regarding the board.
SECTION 2.15. Amends Chapter 111C, Human Resources Code, by adding Section
111.0505, to make conforming changes.
SECTION 2.16. Amends Chapter 141C, Human Resources Code, by adding Section
141.0405, to make conforming changes.
SECTION 2.17. Amends Sections 11.012(a), (b), (c), and (d), Health and
Safety Code, to make conforming changes. Deletes text regarding the board.
SECTION 2.18. Amends Chapter 12A, Health and Safety Code, by adding Section
12.0001, to make conforming changes.
SECTION 2.19. Amends Section 461.011(a), Health and Safety Code, to require
the commissioner to employ an executive director with the concurrence of
HHSC and the approval of the governor. Provides that the executive director
serves at the pleasure of the commissioner but may be discharged only with
the concurrence of HHSC. Deletes text regarding the commission.
SECTION 2.20. Amends Chapter 461, Health and Safety Code, by adding Section
461.0115, to make conforming changes.
SECTION 2.21. Amends Sections 532.011(a), (c), (d), and (f), Health and
Safety Code, to delete text regarding the board. Deletes text subjecting
the commissioner to board rules and basic and general policies. Makes
conforming changes.
SECTION 2.22. Amends Chapter 533A, Health and Safety Code, by adding
Section 533.0001, to make conforming changes.
SECTION 2.23. Defines "agency director." Makes application of this Act
prospective, regarding the term of agency director.
ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH AND HUMAN
SERVICES COMMISSION
SECTION 3.01. Amends Section 531.021(b), Government Code, to set forth the
requirements of HHSC. Deletes text regarding the commission and the
commission adopting rules and standards.
SECTION 3.02. Amends Chapter 531B, Government Code, by adding Sections
531.0246, 531.0247, 531.0248, and 531.0249, as follows:
Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN SERVICES AGENCIES.
Sets forth requirements for a health and human services agency under HHSC.
Sec. 531.0247. ANNUAL BUSINESS PLAN. Requires HHSC to develop and implement
an annual business services plan for each health and human services region
that establishes performance objectives for all health and human services
agencies providing services in the region and measures agency effectiveness
and efficiency in achieving those objectives, subject to Section
531.0055(c).
Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. Requires HHSC to assist
communities in this state in developing comprehensive, community-based
support systems for health and human services, subject to Section
531.0055(d). Requires HHSC to provide resources and assistance to the
community to enable the community to identify and overcome institutional
barriers to developing more comprehensive community support systems, and
develop a system of blended funds to allow the community to customize
services to fit individual community needs, at the request of a community.
Requires a health and human services agency to provide resources and
assistance to a community as necessary to perform HHSC's duties under
Subsection (a), at the request of HHSC. Requires a health and human
services agency that receives or develops a proposal for a community
initiative to submit the initiative to HHSC for review and approval.
Requires HHSC to review the initiative to ensure that the initiative is
consistent with other similar programs offered in communities and does not
duplicate other services provided in the community. Requires HHSC to
consider models used in other service delivery systems, including the
mental health and mental retardation service delivery system, in
implementing this section.
Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL ENTITIES. Requires
HHSC to appoint an advisory committee composed of representatives of
governmental entities identified under Section 531.022(e). Sets forth the
requirements of the advisory committee. Prohibits a member of the advisory
committee from receiving compensation, but is entitled to reimbursement of
the travel expenses incurred by the member while conducting the business of
the committee, as provided by the General Appropriations Act. Provides that
the advisory committee is not subject to Chapter 2110.
SECTION 3.03. Amends Sections 531.0271 and 531.0273, Government Code, as
follows:
Sec. 531.0271. HEALTH AND HUMAN SERVICES AGENCIES OPERATING BUDGETS.
Authorizes HHSC, within the limits established by and subject to the
General Appropriations Act, to transfer amounts appropriated to health and
human services agencies among the agencies to enhance the receipt of
federal money under the federal funds management system established under
Section 531.028, achieve efficiencies in the administrative support
functions of the agencies, and perform the functions assigned to the
commissioner under Section 531.0055. Deletes text regarding the annual
operating budget of each health and human services agency.
Sec. 531.0273. New heading: INFORMATION RESOURCES PLANNING AND MANAGEMENT;
ADVISORY COMMITTEE. Provides that HHSC is responsible for strategic
planning for information resources at each health and human services agency
and shall direct the management of information resources at each health and
human services agency. Sets forth the requirements of HHSC. Requires HHSC
to file the coordinated information resources strategic plan with the
governor, the lieutenant governor, and the speaker of the house of
representatives, no later than December 15 of each even-numbered year.
Requires HHSC to appoint an advisory committee composed of information
resources managers for state agencies and for private employers, and the
directors, executive directors, and commissioners of health and human
services agencies. Sets forth provisions regarding the advisory committee
advising HHSC. Prohibits a member of the advisory committee from receiving
compensation, but is entitled to reimbursement of the travel expenses
incurred by the member while conducting the business of the committee, as
provided by the General Appropriations Act. Provides that the advisory
committee is not subject to Chapter 2110. Makes conforming change.
SECTION 3.04. Amends Section 531.028, Government Code, to require HHSC,
within the limits established by and subject to the General Appropriations
Act, to manage and distribute all federal funds received by health and
human services agencies. Requires the commissioner to establish a federal
money management system to coordinate and monitor the use of federal money
that is received by health and human services agencies to ensure that the
money is spent in the most efficient manner and certain requirements are
completed. Requires HHSC to prepare an annual report with respect to the
results of the implementation of this section. Requires the report to
identify strategies to maximize the receipt and use of federal funds and to
improve federal funds management. Requires HHSC to file the report with
the governor, the lieutenant governor, and the speaker of the house of
representatives no later than December 15 of each year. Deletes text
regarding formulas for the distribution of funds for a health and human
services agency. Makes a conforming change.
SECTION 3.05. Amends Section 531.0312, Government Code, to require the
Texas Information and Referral Network (network) to include information
relating to transportation services provided to clients of state and local
agencies. Requires HHSC to cooperate with the Records Management
Interagency Coordinating Council (RMICC) and the General Services
Commission to establish a single method of categorizing information about
health and human services to be used by RMICC and the network. Requires the
network, in cooperation with the council and the General Services
Commission, to ensure that information relating to health and human
services is included in each residential telephone directory published by a
for-profit publisher and distributed to the public at minimal or no cost,
and the single method of categorizing information about health and human
services is used in a residential telephone directory described by
Subdivision (1). Requires a health and human services agency to provide the
network and RMICC with information about the health and human services
provided by the agency for inclusion in the statewide information and
referral network, residential telephone directories described by Subsection
(b), and any other materials produced under the direction of the network or
RMICC. Requires the health and human services agency to provide the
information in the format required by the network or RMICC and to update
the information at least quarterly or as required by the network or the
council. Makes conforming changes.
SECTION 3.06. Amends Section 531.034, Government Code, by amending
Subsection (b) and adding Subsection (d), as follows:
(b) Requires HHSC to review agency rules to ensure that the rules do not
discourage marriage, or encourage divorce. Makes conforming changes.
(d) Authorizes HHSC to adopt rules to establish criteria for determining,
as required by Subsection (b), whether an agency rule discourages marriage
or encourages divorce.
SECTION 3.07. Authorizes HHSC to adopt the rules required by Section
531.034(d), Government Code, as added by this article, no later than
January 1, 2000.
SECTION 3.08. Amends Section 441.053(j), Government Code, to redesignate
Subsection (j) of Section 441.203, Government Code, as added by Chapter
873, Acts of the 75th Legislature, Regular Session, 1997, to require RMICC
to cooperate with the network under Section 531.0312 to ensure that RMICC
and the network use a single method of defining and organizing information
about health and human services.
SECTION 3.09. Amends Section 9.12, Chapter 655, Acts of the 74th
Legislature, Regular Session, 1995, as amended by Section 1, Chapter 1116,
Acts of the 75th Legislature, Regular Session, 1997, redesignated as
Subchapter F, Chapter 531, Government Code, as follows:
SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
Sec. 531.191. INTEGRATED ELIGIBILITY DETERMINATION. Deletes text regarding
Texas Integrated Enrollment Services Legislative Oversight Committee and a
plan to consolidate administrative and service delivery functions. Makes
conforming changes
Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT COMMITTEE. Requires
HHSC to develop and implement the plan required by Section 531.191 in
consultation and coordination with the Texas Integrated Enrollment Services
Legislative Oversight Committee established by Section 531.202. Requires
HHSC to provide the detailed cost-benefit analysis described by Section
531.191(d) to the legislative oversight committee, before awarding a
contract under that subsection. Authorizes HHSC to coordinate with the
legislative oversight committee to hold any hearing required under Section
531.191(d). Provides that this section expires September 1, 2002.
SECTION 3.10. Amends Chapter 531D, Government Code, as added by Chapter
1116, Acts of the 75th Legislature, Regular Session, 1997, redesignated as
Subchapter G, Chapter 531, Government Code, and amends the subchapter
heading, as follows:
SUBCHAPTER G. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED
ENROLLMENT SERVICES
SECTION 3.11. Amends Section 531.203(a), Government Code, to require the
committee to hold public hearings concerning the development and
implementation of the plan required by Subchapter F, rather than Section
9.12(a), Chapter 655, Acts of the 74th Legislature, Regular Session, 1995.
SECTION 3.12. Amends Section 2155.144, Government Code, as added by Chapter
1045, Acts of the75th Legislature, Regular Session, 1997, as follows:
(i) Requires HHSC to develop a single statewide risk analysis procedure.
Requires each health and human services agency to comply with the
procedure. Sets forth the requirements for the procedure.
(j) Requires HHSC to publish a contract management handbook that
establishes consistent contracting policies and practices to be followed by
health and human services agencies, subject to Section 531.0055(c).
Provides that the handbook may include standard contract provisions and
formats for health and human services agencies to incorporate as applicable
in their contracts.
(k) Requires HHSC, in cooperation with the comptroller, to establish a
central contract management database that identifies each contract made
with a health and human services agency, subject to Section 531.0055(c).
Authorizes HHSC to use the database to monitor health and human services
agency contracts, and health and human service agencies to use the database
in contracting. Requires the state agency to send to HHSC in the manner
prescribed by HHSC the information the agency possesses that HHSC requires
for inclusion in the database.
(l) Authorizes HHSC to review the procurement and rate-setting procedures
of each health and human services agency to ensure that amounts paid to
contractors are consistent and represent the best value for the state, in
implementing this duty. Authorizes HHSC to disapprove a procurement and
rate-setting procedure of a health and human services agency. Prohibits a
health and human services agency from using a procurement or rate-setting
procedure that has been disapproved by HHSC. Makes a conforming change.
(m) Requires HHSC to develop and implement a statewide plan to ensure that
each entity that contracts with a health and human services agency and any
subcontractor of the entity complies with the accessibility requirements of
the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.), subject to Section 531.0055(c).
(n) Makes a conforming change.
(o) Requires HHSC to prepare an annual report that assesses the compliance
of each health and human services agency with the requirements imposed
under this section and that identifies any material risk to the state or to
the clients of the health and human services agency that results from the
health and human service agency's procurement and contracting practices.
Authorizes HHSC to request the assistance of the state auditor in preparing
the report. Requires the state auditor to conduct reviews as necessary to
assess compliance under this subsection as determined by the Legislative
Audit Committee. Requires HHSC to file the report with the governor, the
lieutenant governor, and the speaker of the house of representatives no
later than December 15 of each year.
(p) Makes a conforming change.
SECTION 3.13. Amends Section 2167.004, Government Code, to prohibit HHSC
from entering into an emergency lease to serve the needs of a health and
human service agency unless the emergency lease is entered into under
criteria adopted by HHSC in consultation with HHSC. Sets forth the
requirements of the criteria. Redefines "health and human services agency."
Deletes text regarding the meaning of health and human services agency.
Makes a conforming change.
SECTION 3.14. Requires HHSC to submit a report, no later than December 15,
2000, relating to the delivery of mental health and substance abuse
services in this state to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding officer of the
Health and Human Services Legislative Oversight Committee. Sets forth the
required contents of the report. Requires a health and human services
agency or any other state agency that provides mental health or substance
abuse services to provide HHSC any information, other than confidential
information, requested by HHSC, relating to mental health and substance
abuse services provided by the health and human services agency. Provides
that this section expires December 21, 2000.
SECTION 3.15. Requires HHSC to submit a report by December 15, 2000,
relating to regulatory programs conducted by the Texas Department of Health
to the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of the Health and Human Services
Legislative Oversight Committee. Sets forth the factors HHSC must consider
in preparing the report. Provides that this section expires on December 31,
2000.
SECTION 3.16. Requires HHSC to assess the benefits of consolidating support
services provided to health and human services agencies in agency
headquarters and in regional offices and develop a proposed plan and
schedule for colocating offices and consolidating support services in
accordance with Section 531.0246. Requires HHSC to report the results of
the assessment by September 1, 2000, to the governor, the lieutenant
governor, the speaker of the house of representatives, and the presiding
officer of the Health and Human Service Legislative Oversight Committee.
SECTION 3.17. Requires HHSC, the General Services Commission, and RMICC to
ensure that information about health and human services presented in the
format required by Section 531.0312, Government Code, is available for
publication in residential telephone directories to be distributed to the
public after December 1, 2000. Requires HHSC, the General Services
Commission, and RMICC to report by December 31, 2000, to the governor, the
lieutenant governor, the speaker of the house of representatives, and the
presiding officer of the Health and Human Service Legislative Oversight
Committee with respect to the implementation of this section.
SECTION 3.18. Requires the state auditor to conduct initial reviews as
necessary to assess compliance under that subsection and complete those
reviews no later than September 1, 2001, notwithstanding Section
2155.144(o), Government Code.
ARTICLE 4. INVESTIGATIONS OF ABUSE AND NEGLECT
SECTION 4.01. Amends Chapter 531B, Government Code, by adding Section
531.053, as follows:
Sec. 531.053. INVESTIGATIONS OF ABUSE AND NEGLECT; UNIFORM USE OF TERMS.
Requires each health and human services agency that may be required to
conduct an investigation of abuse, neglect, or exploitation of a client of
the health and human services agency at a facility operated by or under
contract with the health and human services agency to use uniform
definitions of "abuse," "neglect," and "exploitation" adopted by HHSC under
this section. Requires the definitions of "abuse," "neglect," and
"exploitation" adopted under this section to be at least as stringent as
any definition that would otherwise be applicable to the investigation
under law.
SECTION 4.02. Amends Section 261.401, Family Code, to provide that for
purposes of an investigation conducted under this section, "abuse,"
"neglect," and "exploitation" have the meanings assigned by the rules of
HHSC under Section 531.053, Government Code. Provides that the meanings
assigned to "abuse" and "neglect" by Section 261.001 do not apply to an
investigation under this section. Makes conforming changes.
SECTION 4.03. Amends Section 48.081, Human Resources Code, to make
conforming changes.
SECTION 4.04. Requires HHSC to identify each agency that may be required to
conduct an investigation described by Section 531.053, Government Code, and
convene a group of representatives of those agencies. Requires the group to
develop proposed definitions of "abuse," "neglect," and "exploitation" for
purposes of those investigations by June 1, 2000. Requires HHSC, by rule,
to adopt uniform definitions of "abuse," "neglect," and "exploitation" by
August 1, 2000. Provides that an agency is not required to use the uniform
definitions adopted under this section by September 1, 2000.
ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
SECTION 5.01. Amends Sections 531.122(b) and (d), Government Code, to
provide that the Guardianship Advisory Board (advisory board) is composed
of one representative from each of the health and human services regions,
as defined by HHSC, three public representatives, and one representative of
the Texas Department of Protective and Regulatory Services (DPRS). Provides
that the representatives of the health and human services regions are
appointed by a majority vote of the judges of the statutory probate courts
in each region. Provides that the public representatives are appointed by
the commissioner and the representative of DPRS is appointed by the Board
of Protective and Regulatory Services (BPRS). Provides that a member of the
advisory board serves at the pleasure of a majority of the judges of the
statutory probate courts that appointed the member, of the commissioner, or
of BPRS, as appropriate.
SECTION 5.02. Amends Chapter 531D, Government Code, as added by Chapter
1033, Acts of the75th Legislature, Regular Session, 1997, by adding Section
531.1235, as follows:
Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE GUARDIANSHIP
SYSTEM. Sets forth additional duties for the advisory board. Requires the
advisory board to prepare an annual report with respect to the
recommendations of the advisory board under Subsection (a). Requires the
advisory board to file the report with HHSC, DPRS, the governor, the
lieutenant governor, and the speaker of the house of representatives no
later than December 15 of each year.
SECTION 5.03. Amends Section 531.124, Government Code, by adding Subsection
(c), to require the advisory board to annually review and comment on the
minimum standards adopted under Subsection (a)(1) and the plan implemented
under Subsection (a)(2) and to include its conclusions in the report
submitted under Section 531.1235.
SECTION 5.04. Requires BPRS to appoint the additional member of the
advisory board by October 1, 1999.
ARTICLE 6. HEALTH AND HUMAN SERVICES OFFICE
OF COMMUNITY TRANSPORTATION SERVICES
SECTION 6.01. Amends Chapter 131, Human Resources Code, as follows:
CHAPTER 131. New heading: HEALTH AND HUMAN SERVICES OFFICE OF COMMUNITY
TRANSPORTATION SERVICES
Sec. 131.001. OFFICE. Provides that the Health and Human Service Office of
Community Transportation Services (office) is in HHSC. Deletes text
regarding transportation and planning.
Sec. 131.002. DEFINITIONS. Defines "commissioner," "health and human
services agency," and "office."
Sec. 131.003. POWERS AND DUTIES. Sets forth requirements for the office,
with assistance from the commissioner. Requires the office to coordinate
with HHSC and health and human services agencies in implementing the goals
listed in Section 531.022(c), Government Code. Deletes text regarding
Article 4413(502), V.T.C.S. Makes conforming changes.
Sec. 131.004. OFFICE STAFF. Makes a conforming change.
Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Sets forth the requirements
for each health and human services agency that provides, purchases, or
funds transportation services.
Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION PLAN. Requires the
office to provide certain services, in order to implement the statewide
coordination plan created by the office under Section 131.003(a)(2).
Sec. 131.007. ADVISORY COMMITTEE ON COORDINATED TRANSPORTATION. Authorizes
the office to create an advisory committee consisting of representatives of
state agencies, transportation agencies, and nonprofit consumer groups.
Sec. 131.008. MEMORANDUM OF UNDERSTANDING. Requires HHSC and the Texas
Department of Transportation (TxDOT) to enter into a memorandum of
understanding relating to functions performed by each agency that relate to
the duties of the office. Requires the agencies to include provisions in
the memorandum of understanding necessary to ensure that the agencies do
not have duplicate authority, responsibilities, or activities in the area
of transportation services for clients of health and human services
agencies. Sets forth the requirements for the memorandum.
SECTION 6.02. Requires the office and the commissioner, no later than
January 1, 2001, to create the statewide coordination plan required by
Section 131.003(a)(2), Human Resources Code.
ARTICLE 7. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
SECTION 7.01. Amends Chapter 481B, Government Code, by adding Section
481.025, as follows:
Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY PROGRAM. Provides
that the Texas Department of Economic Development (TDED) is the agency of
this state responsible for administering the Empowerment Zone and
Enterprise Community grant program in the state. Requires TDED to cooperate
with appropriate federal and local agencies as necessary to administer the
grant program.
SECTION 7.02. Provides that effective September 1, 1999, the
administration of the Empowerment Zone and Enterprise Community grant
program in this state is transferred from HHSC to TDED. Requires the
commissioner and the governing board of TDED to enter into a memorandum of
understanding as necessary to implement the transfer required by this
section.
ARTICLE 8. HEALTH CARE INFORMATION COUNCIL
SECTION 8.01. Amends Section 531.001(4), Government Code, to redefine
"health and human service agencies." Makes conforming changes.
SECTION 8.02. Amends Section 108.002(4), Health and Safety Code, to
redefine "data."
SECTION 8.03. Amends Chapter 108, Health and Safety Code, by adding Section
108.0065, as follows:
Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO MEDICAID MANAGED
CARE. (a) Defines "commission" and "Medicaid managed care organization."
(b) Requires the Texas Health Care Information Council (THCIC), in
consultation with HHSC, to collect data under this chapter with respect to
Medicaid managed care organizations. Authorizes THCIC to coordinate the
collections of the data with the collection of data for health benefit plan
providers, but may collect data in addition to the data otherwise required
of health benefit plan providers.
(c) Requires each Medicaid managed care organization to provide the data
required by THCIC in the form required by THCIC.
(d) Provides that dissemination of data collected under this section is
subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014, and
108.0141.
(e) Requires THCIC, in consultation with HHSC, to analyze the data
collected in accordance with this section and to use the data for certain
purposes.
(f) Requires THCIC to report, no later than December 15, to HHSC, the
governor, the lieutenant governor, and the speaker of the house of
representatives with respect to THCIC conclusions, recommendations, and any
recommendations for legislation.
(g) Authorizes the report made under Subsection (f) to be consolidated with
any report made under Section 108.006(a)(9).
SECTION 8.04. Requires THCIC, in consultation with HHSC and the presiding
officer of the Health and Human Services Legislative Oversight Committee,
to develop a plan, no later than December 15, 1999, for implementing
THCIC's duties under Section 108.0065, Health and Safety Code.
ARTICLE 9. LEGISLATIVE OVERSIGHT
SECTION 9.01. Amends Chapter 531, Government Code, by adding Subchapter E,
as follows:
SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
Sec. 531.171. DEFINITION. Defines "committee."
Sec. 531.172. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. Provides that
the committee is composed of six persons who are members of the senate or
the lieutenant governor, appointed by the lieutenant governor, and six
persons who are members of the house of representatives, one of whom may be
the speaker of the house of representatives, appointed by the speaker of
the house of representatives. Provides that a member of the committee
serves at the pleasure of the appointing official.
Sec. 531.173. COMMITTEE POWERS AND DUTIES. Sets forth requirements for the
committee. Requires HHSC, at the committee's request, to provide staff and
resources to support the committee, information, and an annual plan that
addresses the topics identified by the committee. Requires an agency, at
the committee's request, to provide information to the committee relating
to the health and human services system and report on agency progress in
implementing statutory directives identified by the committee and the
directives of HHSC. Authorizes the committee to also use staff of standing
committees in the senate and the house of representatives with appropriate
jurisdiction, the Department of Information Resources, the state auditor,
the Texas Legislative Council, and LBB in carrying out its
responsibilities.
Sec. 531.174. REPORT. Requires the committee to report to the governor, the
lieutenant governor, and the speaker of the house of representatives no
later than December 31 of each year. Requires the report to include
identification of significant problems in the implementation of Section
531.0055 and HHSC's duties other duties in consolidating and integrating
health and human services with recommendations for action by the
commissioner, the status of the implementation of Section 531.0055 and
HHSC's other duties in consolidating and integrating health and human
services, and recommendations for legislative action.
Sec. 531.175. DURATION OF COMMITTEE. Provides that the committee is
abolished September 1, 2001.
ARTICLE 10. REPEALER; EFFECTIVE DATE; EMERGENCY
SECTION 10.01. Repealer: Section 441.053(k), Government Code (defines
"member agency").
Repealer: Section 531.0272, Government Code (federal funds).
SECTION 10.02. Effective date: September 1, 1999.
SECTION 10.03. Emergency clause.