SRC-DBM S.B. 374 76(R) BILL ANALYSIS
Senate Research Center S.B. 374
76R827 MXM-DBy: Zaffirini
Health Services
4/20/1999
As Filed
DIGEST
S.B. 374 would set forth provisions for the creation and transfer of
certain programs to a long-term care agency on human services, aging,
health, and rehabilitation, and for the transfer of certain functions from
the Department on Aging to the Independent Aging Policy Council.
PURPOSE
As proposed, S.B. 374 sets forth provisions for the creation and transfer
of certain programs to a longterm care agency on human services, aging,
health, and rehabilitation, and for the transfer of certain functions from
the Department on Aging to the Independent Aging Policy Council.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Texas Board of Long-term Care
Service in Chapters 181B, 181C, and 181D; and Chapter 182B (Sections
181.032, 181.064(a), 181.104(c) and (d), and 181.106(d), Title 2I, Health
and Safety Code; and Sections 182.033 and 182.035(a) and (d), Title 2I,
Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2, Health and Safety Code, by adding Subtitle I,
as follows:
SUBTITLE I. LONG-TERM CARE
CHAPTER 181. DEPARTMENT OF LONG-TERM CARE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS; ORGANIZATION OF DEPARTMENT
Sec. 181.001. DEFINITIONS. Defines "board," "commissioner," "department,"
and "elderly person."
Sec. 181.002. TEXAS DEPARTMENT OF LONG-TERM CARE. Provides that the Texas
Department of Long-term Care Services is an agency of this state.
Sec. 181.003. SUNSET PROVISION. Provides that the Texas Department of
Long-term Care Services (department) is abolished and this subtitle expires
on September 1, 2007, unless continued in existence as provided by Chapter
325, Government Code.
Sec. 181.004. BOARD OF LONG-TERM CARE SERVICES. Provides that the Texas
Board of Long-term Care Services (board) is responsible for the adoption of
policies and rules for the government of the department. Provides that the
board is composed of six members appointed by the governor with the consent
of the senate. Requires a person to have demonstrated an interest in and
knowledge of long-term care services to qualify for appointment to the
board. Requires at least two members of the board to be members of the
general public. Prohibits a person from being a public member of the board
if the person or the person's spouse meet certain conditions. Sets forth
requirements regarding members' terms, appointments, and compensation.
Sec. 181.005. COMMISSIONER. Requires the board to appoint a commissioner
of long-term care services with the approval of the Health and Human
Services Commissioner (commissioner) and the governor. Provides that the
commissioner is the executive and administrative officer of the department.
Requires the commissioner to serve at the will of the board. Requires the
commissioner to be appointed without regard to race, color, disability,
sex, religion, age, or national origin.
Sec. 181.006. ELIGIBILITY. Adds standard language developed by the Sunset
Advisory Commission regarding eligibility of board members.
Sec. 181.007. REMOVAL. Adds standard language developed by the Sunset
Advisory Commission regarding removal of board members.
Sec. 181.008. BOARD TRAINING. Adds standard language developed by the
Sunset Advisory Commission regarding training of board members.
Sec. 181.009. SEPARATION OF RESPONSIBILITIES. Adds standard language
developed by the Sunset Advisory Commission regarding separation of
responsibilities.
Sec. 181.010. DIVISIONS OF DEPARTMENT. Authorizes the commissioner to
establish divisions within the department as necessary for effective
administration and for the discharge of the department's functions.
Authorizes the commissioner to allocate and reallocate functions among the
department's divisions.
Sec. 181.011. PERSONNEL. Authorizes the commissioner to employ personnel
necessary to administer the department's duties. Requires the commissioner
or the commissioner's designated representative to develop an intra-agency
career ladder program, one part of which must require the intra-agency
posting of all non-entry-level positions concurrently with any public
posting.
Sec. 181.012. EQUAL EMPLOYMENT OPPORTUNITY. Adds standard language
developed by the Sunset Advisory Commission regarding equal employment
opportunity.
Sec. 181.013. STANDARDS OF CONDUCT. Requires the commissioner or the
commissioner's designee to provide to members of the board and to
department employees, as often as necessary, information regarding the
requirements for office or employment under this chapter.
Sec. 181.014. MERIT SYSTEM. Authorizes the department to establish a
merit system for its employees. Authorizes the merit system to be
maintained in conjunction with other state agencies that are required by
federal law to operate under a merit system.
Sec. 181.015. PUBLIC INPUT INFORMATION AND COMPLAINTS. Adds standard
language developed by the Sunset Advisory Commission regarding public input
information and complaints
Sec. 181.016. ADVISORY COMMITTEES. Authorizes the board to appoint, on
the commissioner's recommendation, advisory committees as needed.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 181.031. GENERAL POWERS AND DUTIES. Provides that the department has
all the powers and duties necessary to administer this chapter. Requires
the department to administer this state's long-term care services programs
and to conduct a statewide needs assessment for long-term care services.
Sec. 181.032. RULES. Requires the board to adopt rules necessary to carry
out the department's powers and duties under this chapter.
Sec. 181.033. CONTRACTS. Authorizes the department to enter into
contracts as necessary to perform any of the department's powers or duties.
Sec. 181.034. LONG-TERM CARE SERVICES. Provides that the department is
responsible for long-term care regulation and rate setting.
Sec. 181.035. INVESTIGATIONS AND ENFORCEMENT. Provides that the
department is responsible for the investigation of fraud in the provision
of long-term care services and the enforcement of state law relating to the
provision of those services.
Sec. 181.036. SERVICES FOR ELDERLY PERSONS. Requires the department to
develop, strengthen, extend, and expand services available for elderly
persons to the extent funds are appropriated and available for that
purpose.
Sec. 181.037. AREA AGENCIES ON AGING. Requires the department to
encourage, promote, and aid in the establishment and maintenance of area
agencies on aging for the development of programs and services on a local
level that improve the living conditions of the aged by enabling them to
more fully enjoy and participate in family community life. Requires the
department to receive approval from the Health and Human Services
Commission (commission) before it may alter an area agency planning service
area in effect on September 1, 1999.
Sec. 181.038. TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE.
Authorizes an area agency on aging to contract with one or more private
attorneys to establish trusts described by 42 U.S.C. Section 1396p(d) (4)
(B), as amended, for the benefit of recipients of medical assistance under
Chapter 32, Human Resources Code, who, without the establishment of these
trusts, would become ineligible for medical assistance. Requires the
department to allocate available state funds to the area agencies on aging
for use in contracting for the establishment of trusts under Subsection
(a).
Sec. 181.039. INFORMATION ON COMMUNITY SERVICES. Requires the department
to inform a person that community services might be available under the
community care for the aged and disabled program administered by the
department, if the department determines that a person is not eligible for
a level of care in a nursing home. Requires the department to provide a
list of services available under the program and information on the
services to the person.
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 181.061. ANNUAL REPORT. Requires the department to file annually a
report accounting for money received and disbursed by the department during
the preceding fiscal year with the governor and the presiding officer of
each house of the legislature.
Sec. 181.062. FINANCIAL AUDIT. Provides that the financial transactions
of the department are subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
Sec. 181.063. DONATIONS. Authorizes the department to accept a donation
from any source to perform any of the department's powers or duties.
Sec. 181.064. REVIEW OF ADMINISTRATIVE COSTS AND PROGRAMS. Requires the
board, by rule, to define "administrative costs." Requires the board,
however, if a standard definition of administrative costs is required by
law to be used by state agencies, to use that definition. Requires the
department to request appropriate information from an entity to determine
the administrative costs incurred by an entity. Requires the board to
establish the maximum amount of administrative costs that may be incurred
by the entity in engaging in the program.
Sec. 181.065. REPORT ON UNIT COSTS. Requires the department to file a
report that clearly identifies the unit cost of each service, other than
services related to community service volunteering and subsidized
employment services, provided by an area agency on aging with the
Legislative Budget Board and the Governor's Office of Budget and Planning.
Requires the report to be in the from required by the Legislative Budget
Board.
SUBCHAPTER D. PROGRAMS
Sec. 181.101. GENERAL. Provides that the department is responsible for
administering the programs in this subchapter as well as any other programs
for the department in other laws.
Sec. 181.102. COOPERATION WITH FEDERAL AND STATE AGENCIES. Provides that
the department is the state agency designated to handle federal programs
relating to the aged that require action within the state and that are not
the specific responsibility of another state agency under federal or state
law. Provides that the department is not intended to supplant or to take
away from the counties and municipalities of this state or from other state
agencies or facilities any of the specific responsibilities that they hold.
Requires the department to cooperate with federal and state agencies,
counties, and municipalities and private agencies or facilities in this
state to accomplish the purposes of this chapter. Requires the department
to cooperate with the Texas Department of Housing and Community Affairs to
provide affordable housing for elderly individuals and for families in
which an elderly individual is head of the household and shall assess the
need for housing for elderly individuals and for families in which an
elderly individual is head of the household in different localities; set
standards relating to the design and construction of housing for elderly
individuals; provide planning assistance to builders; and publicize the
availability of the housing program to potential developers and residents.
Sec. 181.103. WORK GROUP. Defines "long-term care facilities." Provides
that a work group is created to assist the department and the Texas
Department of Mental Health and Mental Retardation (TXMHMR) in studying
coordination of planning and services between the two agencies in providing
long-term cares services. Sets forth who is included in the composition of
a work group. Provides that a member of a work group serves at the will of
the appointing agency. Requires the commissioner and the commissioner of
mental health and mental retardation to jointly appoint a member of the
work group to serve as presiding officer, and members of the work group
shall elect any other necessary officers. Requires the work group to meet
at the call of the presiding officer. Provides that a member of a work
group receives no additional compensation for serving on the work group.
Requires the work group to study and report on the coordination of planning
and services between the two agencies in providing longterm care services.
Requires the work group, as part of its study and report on coordination,
to additionally study certain procedures and make recommendations in which
their development will be consistent and standardized. Requires the work
group to report annually to the commissioner and the commissioner of mental
health and mental retardation. Requires the report to include any
recommendations on subjects the work group has studied. Provides that the
work group is not subject to Chapter 2110, Government Code.
Sec. 181.104. VOLUNTARY COMMUNITY SERVICES PROGRAMS. Requires the
department to disburse state funds appropriated for that purpose to local
public agencies or private, nonprofit corporations that operate programs to
recruit retired persons to perform voluntary community services or that
operate Foster Grandparent Programs. Prohibits a public agency or private,
nonprofit corporation from receiving state money under this section, if it
is not able to qualify for federal matching money for the same purpose.
Requires the board, by rule, to establish guidelines or formulas to
determine the proportion of state money distributed to each public agency
or private, nonprofit corporation. Requires the board, by rule, to
establish additional qualifications to receive the state money. Prohibits
the state funds disbursed under this section from being used to pay
compensation to volunteer workers, except for participants in the Foster
Grandparent Programs, or for purposes other than financing the operation or
administration of the volunteer programs, but it may be used to defray
expenses incurred by volunteers in the performance of volunteer work.
Authorizes the board, by rule, to further limit the purposes for which the
state money may be spent.
Sec. 181.105. PUBLIC INFORMATION ON COST OF LONG-TERM CARE. Requires the
department to develop programs to provide information to the public
relating to certain topics.
Sec. 181.106. PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED INDIVIDUALS AND
THEIR PARENTS. Requires the department to establish programs to serve
deaf-blind multihandicapped individuals by helping them attain
self-sufficiency and independent living. Requires the department to
establish a program of parental counseling for the parents of deafblind
multihandicapped individuals. Authorizes the program to be provided on an
individual basis and must include programs, activities, and services
necessary to foster greater understanding and to improve relationships
among professionals, parents, and deaf-blind multihandicapped individuals.
Requires the department to establish a summer outdoor training program for
deaf-blind multihandicapped individuals. Requires the outdoor training
program to be designed to help meet the unique needs of deaf-blind
multihandicapped individuals for the purpose of broadening their
educational experiences and improving their ability to function more
independently. Requires the department to adopt rules for implementing and
administering the programs. Authorizes the department to contract for
services or goods with private or public entities for purposes of this
section. Requires the department, from information collected from the
programs, to determine the need for related future services and the most
efficient and effective method of delivering the future services.
SECTION 2. Transfers, effective September 1, 2000, Chapter 101C, Human
Resources Code, to Chapter 181, Health and Safety Code, as added by this
Act, and redesignates and amends Chapter 181E, Health and Safety Code, as
follows:
SUBCHAPTER E. OPTIONS FOR INDEPENDENT LIVING
Sec. 181.201. DEFINITIONS. Redesignated from existing Section 101.041.
Sec. 181.202. OPTIONS FOR INDEPENDENT LIVING. Redesignated from existing
Section 101.042.
Sec. 181.203. SPONSORS TO BE SERVED. Redesignated from existing Section
101.043. Deletes text requiring the department to maintain a memorandum of
agreement with the Texas Department of Human Services.
Sec. 181.204. PROVISIONS OF SERVICES. Redesignated from existing Section
101.044.
Sec. 181.205. CASE MANAGEMENT UNITS. Redesignated from existing Section
101.045.
Sec. 181.206. ADMIN. OF PROGRAM. Redesignated from existing Section
101.046.
Sec. 181.207. ADVISORY COMMITTEE. Redesignated from existing Section
101.047.
Sec. 181.208. FEES. Redesignated from existing Section 101.048. Requires
an elderly person whose income exceeds the basic income and resources
requirements for eligibility for the department's community care for aged
and disabled program, but whose income is less than 200 percent of that
level to pay a portion of the cost of support services provided to the
person by a case management unit according to the fee scale. Deletes text
regarding an elderly person whose income exceeds the basic income and
resources requirements. Makes a conforming change.
Sec. 181.209. ANNUAL REPORT. Redesignated from existing Section 101.049.
Requires a report to include information concerning the manner in which the
department has provided services under the program to elderly persons
entitled to priority under Section 181.203(a), rather than 101.043(a).
Deletes text authorizing the report to be combined with the report required
by Section 101.008.
SECTION 3. Amends Title 2I, Health and Safety Code, as added by this Act,
by adding Chapter 182, as follows:
CHAPTER 182. INDEPENDENT AGING POLICY COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 182.001. DEFINITIONS. Defines "board," "commissioner," "council,"
"department," and "elderly person."
Sec. 182.002. SUNSET PROVISION. Provides that the Independent Aging
Policy Council (council) is abolished and this chapter expires on September
1, 2007, unless continued in existence as provided by Chapter 325,
Government Code.
Sec. 182.003. INDEPENDENT AGING POLICY COUNCIL. Provides that the council
is created to provide expertise and advice to the department on aging,
long-term care, and community policy issues relating to the needs of
elderly persons and to recommend action by the department to meet the needs
of the state's elderly population. Provides that the council is
administratively attached to the department. Requires the department to
provide the facilities for the council, but the council is independent of
the department or board's direction. Provides that the council is composed
of six members appointed by the governor with the consent of the senate.
Requires a person, to qualify for appointment to the council, to have
demonstrated an interest in a knowledge of the special needs of elderly
persons and on aging issues. Sets forth the persons required to be
included as a member. Prohibits a person from being a public member of the
board if the person or the person's spouse meet certain conditions.
Provides that members of the council serve for staggered terms of six
years with the terms of one-third of the members expiring on February 1 of
each odd-numbered year. Requires appointments to be made without regard to
race, color, disability, sex, religion, age, or national origin of the
appointees. Provides that a member is not entitled to compensation but is
entitled to reimbursement of the travel expenses incurred by the member
while conducting the business of the council, as provided in the General
Appropriations Act.
Sec. 182.004. PRESIDING OFFICER OF THE COUNCIL. Requires the governor to
designate a presiding officer from among the council members. Provides
that a member holds the position of presiding officer at the will of the
governor.
Sec. 182.005. RESTRICTIONS ON COUNCIL MEMBERSHIP AND EMPLOYMENT. Adds
standard language developed by the Sunset Advisory Commission regarding
restrictions on council membership and employment.
Sec. 182.006. REMOVAL. Adds standard language developed by the Sunset
Advisory Commission regarding removal from the council.
Sec. 182.007. STANDARDS OF CONDUCT. Adds standard language developed by
the Sunset Advisory Commission regarding standards of conduct.
Sec. 182.008. COUNCIL TRAINING. Adds standard language developed by the
Sunset Advisory Commission regarding council training.
Sec. 182.009. EXECUTIVE DIRECTOR; PERSONNEL. Adds standard language
developed by the Sunset Advisory Commission regarding the executive
director and personnel.
Sec. 182.010. SEPARATION OF RESPONSIBILITIES. Adds standard language
developed by the Sunset Advisory Commission regarding separation of
responsibilities.
Sec. 182.011. PUBLIC INPUT INFORMATION AND COMPLAINTS. Adds standard
language developed by the Sunset Advisory Commission regarding public input
information and complaints.
Sec. 182.012. CITIZENS ADVISORY COUNCIL. Provides that the Citizens
Advisory Council (CAC) is composed of one member appointed by the council
from each designated area agency on aging. Requires each CAC member to
also be a member of the local advisory council advising the area agency.
Provides that CAC council members are entitled to the compensatory per diem
authorized by the General Appropriations Act for each day spent engaged in
the performance of their duties as directed by the council and are entitled
to the same travel allowance authorized by the General Appropriations Act
for state employees. Requires the council to appoint one member of CAC to
service as the presiding officer. Requires CAC to work under the council's
direction. Requires CAC to inform policymakers and administrators at the
state level of local needs and concerns relating to the aged. Requires CAC
to meet at least quarterly and to hold other meetings called by the
presiding officer. Provides that CAC members serve for staggered terms of
three years with the terms of one-third of the membership expiring on
January 31 of each year.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 182.031. GENERAL POWERS AND DUTIES. Provides that the council has
all the powers and duties necessary to administer this chapter. Sets
forth the required activities of the council. Requires the council to work
with area agencies on aging as necessary to carry out the purposes of this
chapter.
Sec. 182.032. COOPERATION WITH FEDERAL AND STATE AGENCIES. Requires the
council to cooperate with federal and state agencies and other
organizations in conducting studies and surveys on the special problems of
the aged in matters such as mental and physical health, housing, family
relationships, employment, income, vocational rehabilitation, recreation,
and education. Requires the council to make appropriate reports and
recommendations to the governor and to the department and other state or
federal agencies.
Sec. 182.033. RULES. Authorizes the council to adopt rules necessary to
carry out the council's powers and duties under this chapter.
Sec. 182.034. OLDER AMERICANS ACT: STATE UNIT AND PLAN; MONEY. Provides
that the council is the state unit on aging under the federal Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.) and its subsequent
amendments. Requires the council to develop this state's plan on aging as
required by the federal Older Americans Act. Requires the department to
provide information to the council and otherwise assist as requested by the
council in developing this plan. Requires the council to determine
priorities for money received under the Older Americans Act. Requires the
council to transfer money for services to the department within guidelines
established by the General Appropriations Act.
Sec. 182.035. FUNDING TO AREA AGENCIES ON AGING. Requires the council, by
rule, to adopt a formula that meets the intent of the Older Americans Act,
as amended, for allocating among area agencies on aging funds that the
department receives under Title III, federal Older Americans Act (42 U.S.C.
Section 3021 et seq.) and its subsequent amendments. Requires the formula
to provide for allocation of the funds among the area agencies according to
the most recent population estimates available from the U.S. Bureau of the
Census or the Texas Department of Health. Requires the council to update
the formula biennially and to include the formula and the population
estimates in each state plan on aging. Requires, unless otherwise provided
for by council rules regarding the carryover of unexpended Title III funds,
at the end of a fiscal year, unexpended Title III funds of an area agency
on aging's allocations for that fiscal year to be deducted from the
allocation for the new fiscal year and that same amount of new fiscal year
funds shall be reallocated. Requires the council, by rule, to adopt a
reallocation formula that includes performance as a criterion, in addition
to other criteria adopted by the department. Requires the funds that the
council receives under Title III, federal Older Americans Act, on or after
September 1, 1999, to be allocated and reallocated to area agencies on
aging under the formulas adopted under this section.
SECTION 4. Amends Section 531.001(4), Government Code, to redefine "health
and human services agencies."
SECTION 5. Transfers, effective September 1, 2000, Chapter 101D, Human
Resources Code, to Chapter 40, Human Resources Code, and redesignates and
amends Chapter 40, Human Resources Code, a follows:
SUBCHAPTER D. OFFICE OF LONG-TERM CARE OMBUDSMAN
Sec. 40.071. DEFINITIONS. Redesignated from existing Section 101.051.
Redefines "longterm care facility."
Sec. 40.072. ESTABLISHMENT OF OFFICE. Redesignated from existing Section
101.052.
Sec. 40.073. ROLE OF OFFICE. Redesignated from existing Section 101.053.
Provides that this subchapter does not affect the authority of the Texas
Department of Long-term Care Services, rather than the Texas Department of
Health and the Texas Department of Human Services, to regulate long-term
care facilities.
Sec. 40.074. POWERS AND DUTIES. Redesignated from existing Section
101.054.
Sec. 40.075. LEGAL ASSISTANCE. Redesignated from existing Section
101.055.
Sec. 40.076. OMBUDSMAN. Redesignated from existing Section 101.056.
Sec. 40.077. INVESTIGATIONS. Redesignated from existing Section 101.057.
Sec. 40.078. ACCESS TO RECORDS AND CONFIDENTIALITY. Redesignated from
existing Section 101.058. Requires the state ombudsman or the ombudsman's
designee, specifically identified by the executive director, to have access
to patient care records of elderly residents of long-term care facilities.
Deletes text regarding defining elderly residents of longterm care
facilities. Makes conforming changes.
Sec. 40.079. REPORTING SYSTEM. Redesignated from existing Section
101.059. Makes conforming changes.
Sec. 40.080. ANALYSIS OF LAWS. Redesignated from existing Section
101.060.
Sec. 40.081. PUBLIC INFORMATION. Redesignated from existing Section
101.061.
Sec. 40.082. ANNUAL REPORT. Redesignated from existing Section 101.062.
Authorizes the report to be combined with the report required by Section
40.0565, rather than Section 101.008.
Sec. 40.083. LIMITATION OF LIABILITY. Redesignated from existing Section
101.063.
Sec. 40.084. CRIMINAL PENALTY. Redesignated from existing Section
101.064.
SECTION 6. Redesignates, effective September 1, 2000, Section 101.023,
Human Resources Code, as Chapter 312, Labor Code, as follows:
CHAPTER 312. COMMUNITY SENIOR CITIZENS EMPLOYMENT
Sec. 312.001. COMMUNITY SENIOR CITIZENS EMPLOYMENT PROGRAMS. Redesignated
from existing Section 101.023. Authorizes the commission, rather than
Texas Workforce Commission, to establish and administer a community program
for persons 55 years or older who lack suitable employment and have family
incomes under federal poverty guidelines. Makes conforming changes.
SECTION 7. Repealers, effective September 1, 2000:
(1) Section 12.015, Health and Safety Code (Information on Community
Services).
(2) Chapter 101, Human Resources Code (Texas Department on Aging).
(3) Chapter 113, Human Resources Code (Programs for Deaf-Blind
Multihandicapped individuals and their parents).
SECTION 8. (a) Requires the department to study the feasibility of a
subacute care pilot project. Requires the commission and the Texas
Department of Health (TDH) to cooperate with and assist the department in
this study. Sets forth the department's required considerations in
conducting the study.
(b) Requires the department, not later than September 1, 2000, to submit a
report on the feasibility of a subacute care pilot project to the
commission.
(c) Provides that this section expires on September 1, 2001.
SECTION 9. (a) Requires the commissioners of the department and TXMHMR to
appoint the members of the work group created by Section 181.103, Health
and Safety Code, as added by this Act, not later than December 1, 1999.
(b) Requires the work group to report on the study and recommendations
required by Section 181.103(h), Health and Safety Code, as added by this
Act, to the commissioners of the department and TXMHMR not later than
September 1, 2000.
SECTION 10. Requires the governor, not later than September 30, 1999, to
appoint the initial members of the board created by Section 181.004, Health
and Safety Code, as added by this article. Requires the governor to
designate two members for a term expiring on February 1, 2001, two members
for a term expiring on February 1, 2003, and two members for a term
expiring on February 1, 2005.
SECTION 11. Requires the governor, not later than September 30, 1999, to
appoint the initial members of the Independent Aging Policy Council created
by Section 182.003, Health and Safety Code, as added by this Act. Requires
the governor to designate two members for a term expiring on February 1,
2001, two members for a term expiring on February 1, 2003, and two members
for a term expiring on February 1, 2005.
SECTION 12. Requires the state auditor, not later than December 1, 2000,
to evaluate and report to the governor, the lieutenant governor, the
speaker of the house of representatives, and the commission on its
recommendations for improvements in the management and fiscal control
systems of the department.
SECTION 13. (a) Sets forth the topics the commission is required to study.
(b) Requires the commission, based on the study in Subsection (a) of this
section, and not later than December 1, 1999, to report its recommendations
to the governor, the lieutenant governor, the speaker of the house of
representatives, and the Health and Human Services Legislative Oversight
Committee.
(c) Requires, after review of the report required by Subsection (b) of
this section by the governor, the lieutenant governor, the speaker of the
house of representatives, the Health and Human Services Legislative
Oversight Committee, and the department, to the extent practicable, to
implement programs transferred to it under this Act in a manner consistent
with the commission's report.
(d) Requires, consistent with the report required by Subsection (b) of
this section, the commissioner, for each program, to determine the date on
which a program administered by another state agency must be transferred to
the department or the Department of Protective and Regulatory Services, as
required by this Act. Prohibits the date on which a program must be
transferred from being later than September 1, 2000.
(e) Requires each state agency affected by this Act to cooperate with the
Health and Human Services Commission and the department in formulating and
implementing the study required by Subsection (a) of this section, the
report required by Subsection (b) of this section, and the transition under
Subsection (d) of this section. Requires this cooperation to include
assistance in program transition plans, the creation of an interim
operating budget, and the temporary assignment of staff as necessary to
ensure an orderly transition.
SECTION 14. (a) Provides that on September 1, 2000, or at an earlier date
as determined by the Health and Human Services Commission under Section
13(d) of this Act: all powers, duties, functions, and activities relating
to certain programs assigned to or performed by the Texas Department of
Human Services (TDHS) immediately before that date, are transferred to the
department; all employees of TDHS who primarily perform duties related to
a program listed under Subdivision (1) of this subsection become employees
of the department; a rule or form adopted by TDHS that relates to a program
listed in Subdivision (1) of this subsection is a rule or form of the
department and remains in effect until altered by the agency; a reference
in law or an administrative rule to TDHS that relates to a program listed
in Subdivision (1) of this subsection means the department; a license,
permit, or certification in effect that was issued by TDHS for a program
listed in Subdivision (1) of this subsection is continued in effect as a
license, permit, or certification of the department; and a complaint,
investigation, or other proceeding pending before TDHS that is related to a
program listed in Subdivision (1) of this subsection is transferred without
change in status to the department.
(b) Provides that on the 30th day after the date specified in Subsection
(a) of this section: all funds, obligations, and contracts of TDHS related
to a program listed in Subsection (a) of this section are transferred to
the department; and all property and records in the custody of TDHS related
to a program listed in Subsection (a) of this section and all funds
appropriated by the legislature for a program listed in Subsection (a) of
this section are transferred to the department.
SECTION 15. (a) Provides that on September 1, 2000, or an earlier date as
determined by the Health and Human Services Commission under Subsection
13(d) of this Act: all powers, duties, functions, and activities relating
to certain programs assigned or performed by the department immediately
before that date are transferred to the department; all employees of the
Texas Department of Health (TDH) who primarily perform duties related to a
program listed in Subdivision (1) of this subsection become employees of
the department; a rule or form adopted by TDH that relates to a program
listed in Subdivision (1) of this subsection is a rule or form of the
department and remains in effect until altered by the agency; a reference
in law or an administrative rule to TDH that relates to a program listed in
Subdivision (1) of this subsection means the department; a license, permit,
or certification in effect that was issued by TDH for a program listed in
Subdivision (1) of this subsection is continued in effect as a license,
permit, or certification of the department; and a complaint, investigation,
or other proceeding pending before TDH that is related to a program listed
in Subdivision (1) of this subsection is transferred without change in
status to the department.
(b) Provides that on the 30th day after the date specified in Subsection
(a) of this section: all funds, obligations, and contracts of TDH related
to a program listed in Subsection (a) of this section are transferred to
the department; and all property and records in the custody of TDH related
to a program listed in Subsection (a) of this section and all funds
appropriated by the legislature for a program listed in Subsection (a) of
this section are transferred to the department.
SECTION 16. (a) Provides that on September 1, 2000, or an earlier date as
determined by the Health and Human Services Commission under Subsection
13(d) of this Act: all powers, duties, functions, and activities relating
to certain programs assigned or performed by the department immediately
before that date are transferred to the department; all employees of the
Texas Rehabilitation Commission (TRC) who primarily perform duties related
to a program listed in Subdivision (1) of this subsection become employees
of the department; a rule or form adopted by TRC that relates to a program
listed in Subdivision (1) of this subsection is a rule or form of the
department and remains in effect until altered by the agency; a reference
in law or an administrative rule to TRC that relates to a program listed in
Subdivision (1) of this subsection means the department; a license, permit,
or certification in effect that was issued by TRC for a program listed in
Subdivision (1) of this subsection is continued in effect as a license,
permit, or certification of the department; and a complaint, investigation,
or other proceeding pending before TRC that is related to a program listed
in Subdivision (1) of this subsection is transferred without change in
status to the department.
(b) Provides that on the 30th day after the date specified in Subsection
(a) of this section: all funds, obligations, and contracts of TRC related
to a program listed in Subsection (a) of this section are transferred to
the department; and all property and records in the custody of TRC related
to a program listed in Subsection (a) of this section and all funds
appropriated by the legislature for a program listed in Subsection (a) of
this section are transferred to the department.
SECTION 17. (a) Provides that on September 1, 2000, or an earlier date as
determined by the Health and Human Services Commission under Subsection
13(d) of this Act: all powers, duties, functions, and activities relating
to the Office of Long-term Care Ombudsman administered by the Texas
Department on Aging (TDoA) immediately before that date are transferred to
the Texas Department of Protective and Regulatory Services (DPRS); all
employees of TDoA who primarily perform duties related to a program listed
in Subdivision (1) of this subsection become employees of DPRS; a rule or
form adopted by TDoA that relates to a program listed in Subdivision (1) of
this subsection is a rule or form of DPRS and remains in effect until
altered by the agency; a reference in law or an administrative rule to TDoA
that relates to the ombudsman program described by Subdivision (1) of this
subsection means the DPRS; a license, permit, or certification in effect
that was issued by TDoA that relates to the ombudsman program described by
Subdivision (1) of this subsection is continued in effect as a license,
permit, or certification of DPRS; and a complaint, investigation, or other
proceeding pending before TDoA that relates to ombudsman program described
by Subdivision (1) of this subsection is transferred without change in
status to the DPRS.
(b) Provides that on the 30th day after the date specified in Subsection
(a) of this section: all funds, obligations, and contracts of TDoA related
to the ombudsman program described by Subsection (a) of this section are
transferred to DPRS; and all property and records in the custody of TDoA
related to the ombudsman program described by Subsection (a) of this
section and all funds appropriated by the legislature for a program listed
in Subsection (a) of this section are transferred to the DPRS.
SECTION 18. (a) Provides that this section takes effect on September 1,
2000, or an earlier date as determined by the commission under SECTION
13(d) of this Act.
(b) Provides that the TDoA is abolished.
(c) Provides that except as provided by SECTION 17 of this Act: all
powers, duties, functions, and activities performed by TDoA immediately
before that date are transferred to the department; all employees of TDoA
become employees of the department; a rule or form adopted by TDoA is a
rule or form of department and remains in effect until altered by the
agency; a reference in law or an administrative rule to TDoA means the
department; a license, permit, or certification in effect that was issued
by TDoA is continued in effect as a license, permit, or certification of
the department; and a complaint, investigation, or other proceeding pending
before TDoA is transferred without change in status to the department.
(d) Provides that, except as provided by SECTION 17 of this Act, on the
30th day after the effective date of this section: all funds, obligations,
and contracts of TDoA related to the department; and all property and
records in the custody of TDoA and all funds appropriated by the
legislature for the TDoA are transferred to the department.
SECTION 19. Requires the department or any other state agency to request a
waiver or authorization and may delay implementing that provision until the
waiver or authorization is granted, if, before implementing any provision
of this Act, the department or another state agency determines that a
waiver or authorization from a federal agency is necessary for
implementation.
SECTION 20. Effective date, except as otherwise provided in this Act:
September 1, 1999.
SECTION 21.Emergency clause.