By McCall                                              H.B. No. 408
         76R2968 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the transfer of licensing and regulation of home health
 1-3     and community support services agencies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  (a)  On September 1, 2001, or an earlier date
 1-6     provided by an interagency agreement between the Texas Department
 1-7     of Health and the Texas Department of Human Services, the licensing
 1-8     and regulation of home and community support services agencies and
 1-9     home health medication aides under Chapter 142, Health and Safety
1-10     Code, is transferred from the Texas Department of Health to the
1-11     Texas Department of Human Services.
1-12           (b)  On September 1, 2001, or an earlier date provided by an
1-13     interagency agreement between the  Texas Department of Health and
1-14     the Texas Department of Human Services, all funds, obligations, and
1-15     contracts of the Texas Department of Health related to the
1-16     licensing and regulation of home and community support services
1-17     agencies or home health medication aides are transferred to the
1-18     Texas Department of Human Services.
1-19           (c)  On September 1, 2001, or an earlier date provided by an
1-20     interagency agreement between the Texas Department of Health and
1-21     the Texas Department of Human Services, all property and records in
1-22     the custody of the Texas Department of Health related to licensing
1-23     and regulation of home and community support services agencies or
1-24     home health medication aides and all funds appropriated by the
 2-1     legislature to the Texas Department of Health for the licensing and
 2-2     regulation of home and community support services agencies or home
 2-3     health medication aides are transferred to the Texas Department of
 2-4     Human Services.
 2-5           (d)  On September 1, 2001, or an earlier date provided by an
 2-6     interagency agreement between the Texas Department of Health and
 2-7     the Texas Department of Human Services, all employees of the Texas
 2-8     Department of Health who perform duties related to the licensing
 2-9     and regulation of home and community support services agencies or
2-10     home health medication aides under Chapter 142, Health and Safety
2-11     Code, become employees of the Texas Department of Human Services,
2-12     to be assigned duties by the commissioner of human services.
2-13           (e)  A rule or form adopted by the Texas Department of Health
2-14     that relates to the licensing and regulation of home and community
2-15     support services agencies or home health medication aides is a rule
2-16     or form of the Texas Department of Human Services and remains in
2-17     effect until altered by the department.  The secretary of state is
2-18     authorized to adopt rules as necessary to expedite the
2-19     implementation of this subsection.
2-20           (f)  The transfer of the licensing and regulation of home and
2-21     community support services agencies and home health medication
2-22     aides under this section does not affect or impair any act done,
2-23     any obligation, right, order, license, permit, rule, criterion,
2-24     standard, or requirement existing, any investigation begun, or any
2-25     penalty accrued under former law, and that law remains in effect
2-26     for any action concerning those matters.
2-27           (g)  An action brought or proceeding commenced before the
 3-1     transfer required by this section is effected, including a
 3-2     contested case or a remand of an action or proceeding by a
 3-3     reviewing court, is governed by the law and rules applicable to the
 3-4     action or proceeding before the date of the transfer.
 3-5           (h)  After the transfer required by this section is effected,
 3-6     a reference in law to the Texas Department of Health or the Texas
 3-7     Board of Health that relates to the licensing and regulation of
 3-8     home and community support services agencies or home health
 3-9     medication aides means the Texas Department of Human Services and
3-10     the Texas Board of Human Services, respectively.
3-11           SECTION 2.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended,
3-16     and that this Act take effect and be in force from and after its
3-17     passage, and it is so enacted.