By Bosse H.B. No. 2073
76R837 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Department
1-3 of Human Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.002, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 21.002. SUNSET PROVISION. The Texas Department of
1-8 Human Services is subject to Chapter 325, Government Code (Texas
1-9 Sunset Act). Unless continued in existence as provided by that
1-10 chapter, the department is abolished and this title, excluding any
1-11 chapter that relates to a state agency other than the department,
1-12 expires September 1, 2007 [1999, except that Chapter 40 expires as
1-13 provided by Section 40.003].
1-14 SECTION 2. Sections 21.003(b) and (d), Human Resources Code,
1-15 are amended to read as follows:
1-16 (b) The board is composed of six members appointed by the
1-17 governor with the advice and consent of the senate and representing
1-18 all geographic regions of the state. One member of the board must
1-19 be a licensed physician with expertise in geriatric care and
1-20 another member must be a health care professional who is licensed,
1-21 certified, or regulated by a health care regulatory agency. To
1-22 qualify for an appointment to the board, a person must have
1-23 demonstrated an interest in and knowledge of human services.
1-24 (d) The governor shall designate a member of the board as
2-1 the [After the biennial appointment of new members, the board shall
2-2 elect a] presiding officer of the board to serve in that capacity
2-3 at the will of the governor [who shall preside over meetings of the
2-4 board].
2-5 SECTION 3. Chapter 21, Human Resources Code, is amended by
2-6 adding Section 21.0033 to read as follows:
2-7 Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
2-8 person who is appointed to and qualifies for office as a member of
2-9 the board may not vote, deliberate, or be counted as a member in
2-10 attendance at a meeting of the board until the person completes a
2-11 training program that complies with this section.
2-12 (b) The training program must provide the person with
2-13 information regarding:
2-14 (1) the legislation that created the department and
2-15 the board;
2-16 (2) the programs operated by the department;
2-17 (3) the role and functions of the department;
2-18 (4) the rules of the department with an emphasis on
2-19 the rules that relate to disciplinary and investigatory authority;
2-20 (5) the current budget for the department;
2-21 (6) the results of the most recent formal audit of the
2-22 department;
2-23 (7) the requirements of:
2-24 (A) the open meetings law, Chapter 551,
2-25 Government Code;
2-26 (B) the public information law, Chapter 552,
2-27 Government Code;
3-1 (C) the administrative procedure law, Chapter
3-2 2001, Government Code; and
3-3 (D) other laws relating to public officials,
3-4 including conflict of interest laws; and
3-5 (8) any applicable ethics policies adopted by the
3-6 department or the Texas Ethics Commission.
3-7 (c) A person appointed to the board is entitled to
3-8 reimbursement, as provided by the General Appropriations Act, for
3-9 travel expenses incurred in attending the training program
3-10 regardless of whether the attendance at the program occurs before
3-11 or after the person qualifies for office.
3-12 SECTION 4. Chapter 21, Human Resources Code, is amended by
3-13 adding Section 21.0061 to read as follows:
3-14 Sec. 21.0061. REGIONAL PERFORMANCE AGREEMENTS WITH LOCAL
3-15 ADMINISTRATIVE UNITS. (a) The commissioner and the administrator
3-16 of each local administrative unit of the department shall enter
3-17 into a regional performance agreement that includes goals,
3-18 objectives, and performance criteria established by the
3-19 commissioner under Subsection (b) for the unit.
3-20 (b) The commissioner shall establish and periodically update
3-21 goals, objectives, and performance criteria for each local
3-22 administrative unit of the department. The goals, objectives, and
3-23 performance criteria must:
3-24 (1) set clearly defined and measurable objectives
3-25 related to program outcomes and the volume and quality of services
3-26 delivered in the region to encourage accountability for services
3-27 provided; and
4-1 (2) encourage creativity and coordination of local
4-2 service delivery.
4-3 (c) In developing the goals, objectives, and performance
4-4 criteria under Subsection (b), the commissioner shall seek input
4-5 from:
4-6 (1) local providers of health and human services,
4-7 including local nursing facilities and personal care homes;
4-8 (2) recipients of services under department programs
4-9 administered by the local administrative unit; and
4-10 (3) local consumer representatives and advocacy
4-11 groups.
4-12 (d) The commissioner shall assess the performance of each
4-13 local administrative unit based on the goals, objectives, and
4-14 performance criteria in the regional performance agreement between
4-15 the commissioner and the administrator of that unit. The
4-16 commissioner shall include the results of each assessment in the
4-17 report on the operation and administration of the department
4-18 required under Section 21.011.
4-19 (e) The commissioner shall consider the goals, objectives,
4-20 and performance criteria in each regional performance agreement and
4-21 the performance of each local administrative unit based on those
4-22 standards when evaluating and establishing regional funding
4-23 allocations.
4-24 (f) The department shall inform health and human services
4-25 agencies, as defined by Section 531.001, Government Code, and the
4-26 general public in each region of the contents of the regional
4-27 performance agreement for that region.
5-1 SECTION 5. Chapter 22, Human Resources Code, is amended by
5-2 adding Section 22.0071 to read as follows:
5-3 Sec. 22.0071. CONTRACTS FOR COMMUNITY CARE SERVICES. (a)
5-4 The department by rule shall develop and implement a system of
5-5 selective contracting with providers for the delivery of department
5-6 community care services. The department shall ensure that more
5-7 than one provider is available in each region of the state. The
5-8 department may not use an open-enrollment contracting system under
5-9 which any provider who meets department criteria is entitled to
5-10 contract with the department.
5-11 (b) A contract for the delivery of community care services
5-12 under a department program must include:
5-13 (1) clearly defined goals and outcomes that can be
5-14 measured to determine whether the client service objectives are
5-15 being achieved;
5-16 (2) clearly defined sanctions or penalties, including
5-17 civil monetary penalties under Section 32.0215, if appropriate, for
5-18 noncompliance with contract terms; and
5-19 (3) clearly specified accounting, reporting, and
5-20 auditing requirements applicable to money received under the
5-21 contract.
5-22 (c) The department shall monitor a community care provider's
5-23 performance under a contract for the delivery of community care
5-24 services. In monitoring performance, the department shall:
5-25 (1) use a risk-assessment methodology throughout the
5-26 state to ensure compliance with financial and performance
5-27 requirements under the contract; and
6-1 (2) obtain and evaluate service cost information to
6-2 ensure that all costs, including administrative costs, are
6-3 reasonable and necessary to achieve client service objectives.
6-4 SECTION 6. Section 22.018, Human Resources Code, is amended
6-5 to read as follows:
6-6 Sec. 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
6-7 HEARINGS [HEARINGS DIVISION]. (a) Except as provided by
6-8 Subsection (e), the department and the chief administrative law
6-9 judge of the State Office of Administrative Hearings shall adopt a
6-10 memorandum of understanding under which the State Office of
6-11 Administrative Hearings, on behalf of the department, conducts all
6-12 contested case hearings authorized or required by law to be
6-13 conducted by the department under the administrative procedure law,
6-14 [The department shall establish and maintain a hearings division
6-15 that is separate from the legal division to administer each hearing
6-16 held under] Chapter 2001, Government Code.
6-17 (b) The memorandum of understanding shall require the chief
6-18 administrative law judge, the department, and the commissioner to
6-19 cooperate in connection with a contested case hearing and may
6-20 authorize the State Office of Administrative Hearings to perform
6-21 any administrative act, including giving of notice, that is
6-22 required to be performed by the department or commissioner [Neither
6-23 the department nor the department's legal division may directly or
6-24 indirectly influence a decision or the decision-making process of
6-25 the hearings division].
6-26 (c) The memorandum of understanding shall address whether
6-27 the administrative law judge who conducts a contested case hearing
7-1 for the State Office of Administrative Hearings on behalf of the
7-2 department shall:
7-3 (1) enter the final decision in the case after
7-4 completion of the hearing; or
7-5 (2) propose a decision to the department or the
7-6 commissioner for final consideration.
7-7 (d) The department by interagency contract shall reimburse
7-8 the State Office of Administrative Hearings for the costs incurred
7-9 in conducting contested case hearings for the department. The
7-10 department may pay an hourly fee for the costs of conducting those
7-11 hearings or a fixed annual fee negotiated biennially by the
7-12 department and the State Office of Administrative Hearings to
7-13 coincide with the department's legislative appropriations request.
7-14 (e) A reference in law to the hearings division of the
7-15 department is considered to be a reference to the State Office of
7-16 Administrative Hearings when used in relation to a contested case
7-17 hearing under the administrative procedure law, Chapter 2001,
7-18 Government Code.
7-19 SECTION 7. Section 31.0032, Human Resources Code, is amended
7-20 by amending Subsection (a) and adding Subsection (d) to read as
7-21 follows:
7-22 (a) If after an investigation the department determines that
7-23 a person is not complying with a requirement of the responsibility
7-24 agreement required under Section 31.0031, the department shall
7-25 immediately apply appropriate sanctions or penalties regarding the
7-26 assistance provided to or for that person under this chapter.
7-27 (d) The department shall give the highest priority to the
8-1 administrative processing of sanctions or penalties applied under
8-2 this section so that the department's records of the affected
8-3 person promptly reflect application of the sanctions or penalties.
8-4 SECTION 8. The section heading to Section 31.0095, Human
8-5 Resources Code, is amended to read as follows:
8-6 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
8-7 SECTION 9. The section heading to Section 31.010, Human
8-8 Resources Code, is amended to read as follows:
8-9 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
8-10 RECIPIENT.
8-11 SECTION 10. Subchapter A, Chapter 31, Human Resources Code,
8-12 is amended by adding Section 31.011 to read as follows:
8-13 Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
8-14 SUPPORT SERVICES. (a) The department shall assist a recipient of
8-15 financial assistance in assessing the needs, other than
8-16 employability needs assessed under Section 31.0095, of the
8-17 recipient and the recipient's family that, if addressed, would help
8-18 the recipient and the recipient's family to attain and retain the
8-19 capability of independence and self-care.
8-20 (b) Based on the needs assessment under this section, the
8-21 department shall refer the recipient and the recipient's family to
8-22 appropriate preventive and support services provided by the
8-23 department or any other public or private entity. Preventive and
8-24 support services to which the department may refer a recipient and
8-25 a recipient's family under this section include:
8-26 (1) substance abuse treatment programs;
8-27 (2) domestic violence services;
9-1 (3) child abuse awareness and prevention services;
9-2 (4) health care and nutrition programs;
9-3 (5) parenting skills training;
9-4 (6) life skills training;
9-5 (7) criminal and juvenile justice intervention
9-6 programs;
9-7 (8) at-risk children and youth programs; and
9-8 (9) child support enforcement services.
9-9 SECTION 11. Subchapter B, Chapter 32, Human Resources Code,
9-10 is amended by adding Section 32.0212 to read as follows:
9-11 Sec. 32.0212. CONTRACTS FOR NURSING FACILITY CARE. (a) The
9-12 department by rule shall develop minimum performance standards for
9-13 a nursing facility that contracts with the department for the
9-14 delivery of medical assistance. In developing the minimum
9-15 performance standards, the department shall use all performance
9-16 data collected by the department, including:
9-17 (1) regulatory information collected by the department
9-18 through on-site visits to a nursing facility;
9-19 (2) cost reports submitted to the department by a
9-20 nursing facility for reimbursement;
9-21 (3) utilization review data used to assess the level
9-22 of care assigned to a person receiving care in a nursing facility;
9-23 and
9-24 (4) data relating to assessments made by a nursing
9-25 facility regarding the condition of a person receiving care in the
9-26 facility.
9-27 (b) A contract with the department for the delivery of
10-1 medical assistance by a nursing facility must include the
10-2 performance standards developed under Subsection (a).
10-3 (c) The department shall promptly address a nursing
10-4 facility's failure to meet minimum performance standards by:
10-5 (1) issuing a corrective action plan detailing the
10-6 actions required of the nursing facility to comply with the minimum
10-7 performance standards; and
10-8 (2) if necessary, imposing penalties and sanctions as
10-9 authorized under the contract or as provided by law.
10-10 SECTION 12. Subchapter B, Chapter 32, Human Resources Code,
10-11 is amended by adding Section 32.0251 to read as follows:
10-12 Sec. 32.0251. COMMUNITY CARE SERVICES FOR THE ELDERLY AND
10-13 DISABLED. (a) The department shall inform an applicant for
10-14 medical assistance seeking nursing facility care of any community
10-15 care services that may be available to the applicant as an
10-16 alternative to nursing facility care.
10-17 (b) The department by rule shall develop and implement a
10-18 process of presumptive eligibility determination for appropriate
10-19 elderly or disabled applicants for community care services.
10-20 (c) The department shall conduct an initial assessment of an
10-21 elderly or disabled applicant for community care services to
10-22 determine the degree and type of services needed by the applicant.
10-23 Based on the assessment, the department shall design a plan of care
10-24 for the applicant. The plan of care shall be adjusted promptly as
10-25 necessary based on any change in the applicant's physical condition
10-26 or need for services, whether identified by the department during a
10-27 periodic reassessment of the applicant's condition or at any other
11-1 time.
11-2 (d) If community care services are not readily available for
11-3 an elderly or disabled applicant because of a high demand for
11-4 services, the department shall maintain a waiting list prioritized
11-5 by the level and degree of need of each applicant who is eligible
11-6 for the services. In placing an applicant on the waiting list, the
11-7 department shall assign to the applicant a priority level based on:
11-8 (1) the assessment of the applicant's need for
11-9 services conducted under Subsection (c); and
11-10 (2) the degree of risk that the applicant will require
11-11 placement in a nursing facility if community care services are not
11-12 provided.
11-13 SECTION 13. The chapter heading to Chapter 51, Human
11-14 Resources Code, is amended to read as follows:
11-15 CHAPTER 51. FAMILY VIOLENCE CENTERS [SHELTERS]
11-16 SECTION 14. Section 51.002, Human Resources Code, is amended
11-17 to read as follows:
11-18 Sec. 51.002. DEFINITIONS. In this chapter:
11-19 (1) "Family violence center" includes a family
11-20 violence shelter center and a family violence nonresidential
11-21 center.
11-22 (2) "Family violence nonresidential center" means a
11-23 program that:
11-24 (A) is operated by a public or private nonprofit
11-25 organization; and
11-26 (B) provides services to victims of family
11-27 violence that do not include providing residential shelter to those
12-1 victims.
12-2 (3) "Family violence shelter center" means a program
12-3 that is operated by a public or private nonprofit organization and
12-4 that provides shelter and services to victims of family violence.
12-5 (4) [(2)] "Victim of family violence" means:
12-6 (A) an adult who is subjected to physical force
12-7 or the threat of physical force by another who is related by
12-8 affinity or consanguinity, as determined under Chapter 573,
12-9 Government Code, to that adult, who is a former spouse of that
12-10 adult, or who resides in the same household with that adult; or
12-11 (B) an individual, other than an individual
12-12 using physical force or the threat of physical force, who resides
12-13 in the same household with a victim of family violence as defined
12-14 in Paragraph (A) of this subdivision.
12-15 SECTION 15. Section 51.003, Human Resources Code, is amended
12-16 to read as follows:
12-17 Sec. 51.003. CONTRACTS. (a) The Texas Department of Human
12-18 Services shall contract for services with family violence [shelter]
12-19 centers with consideration given to geographic distribution and
12-20 need. These contracts are to expand existing family violence
12-21 [shelter] center services and may not result in reducing financial
12-22 support a family violence [shelter] center receives from another
12-23 source. The contracts shall not provide for more than 75 percent
12-24 of the cost of the family violence [shelter] center program. The
12-25 department shall develop a declining scale of state financial
12-26 support for family violence [shelter] centers, declining over a
12-27 six-year period from the initiation of each individual contract,
13-1 with no more than 50 percent of a family violence [shelter] center
13-2 program's funding to be provided by the state after the sixth year.
13-3 The balance each year shall be provided from other sources. The
13-4 department may adopt rules which will allow exceptions to the above
13-5 scale in individual instances when a family violence [shelter]
13-6 center shall demonstrate that exigent circumstances require such a
13-7 waiver.
13-8 (b) The department shall contract statewide for activities
13-9 that support and advance the work of family violence [shelter]
13-10 centers. Activities contracted for under this subsection [A
13-11 contract] must include [require] the provision of technical
13-12 assistance and training for family violence [shelter] centers. The
13-13 department may [The] contract for [may require] the provision of
13-14 public education, consultation to the department, research,
13-15 evaluation, and liaison and training for other professionals who
13-16 work with victims of family violence, including professionals in
13-17 the criminal justice, medical, and social services fields, and for
13-18 community or civic groups.
13-19 (c) The department shall award a contract made under
13-20 Subsection (b) through a competitive bidding process.
13-21 SECTION 16. Section 51.004, Human Resources Code, is amended
13-22 to read as follows:
13-23 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
13-24 contract under Section 51.003(a) [of this code], a family violence
13-25 shelter center [public or private nonprofit organization] must:
13-26 (1) provide [operate a family violence shelter center
13-27 that provides] temporary lodging and social services for adults and
14-1 their children who have left or have been removed from the family
14-2 home because of family violence;
14-3 (2) [. The family violence shelter center must] have
14-4 been in actual operation offering shelter services 24 hours a day
14-5 with a capacity for not less than five persons for at least nine
14-6 months before the date on which [that] the contract is awarded; and
14-7 (3) submit a [. The] contract application [must be
14-8 submitted] on forms prescribed by the department.
14-9 (b) To be eligible for a contract under Section 51.003(a), a
14-10 family violence nonresidential center must:
14-11 (1) provide, as its primary purpose, services to
14-12 victims of family violence that include:
14-13 (A) safety planning;
14-14 (B) counseling services;
14-15 (C) information regarding legal options and
14-16 availability of legal services; and
14-17 (D) assistance and support in accessing
14-18 services;
14-19 (2) demonstrate a system of referring victims of
14-20 family violence to at least one family violence shelter center;
14-21 (3) have been providing services to victims of family
14-22 violence for at least two years before the date on which the
14-23 contract is awarded; and
14-24 (4) submit a contract application on forms prescribed
14-25 by the department.
14-26 (c) The department shall consider the following factors in
14-27 awarding [the] contracts under Section 51.003(a):
15-1 (1) the family violence [shelter] center's eligibility
15-2 for and use of funds from the federal government, philanthropic
15-3 organizations, and voluntary sources;
15-4 (2) community support for the family violence
15-5 [shelter] center, as evidenced by financial contributions from
15-6 civic organizations, local governments, and individuals;
15-7 (3) evidence that the family violence [shelter] center
15-8 provides services that encourage rehabilitation and effectively
15-9 utilizes community resources;
15-10 (4) the endorsement and involvement of local law
15-11 enforcement officials; and
15-12 (5) support for the family violence [shelter] center
15-13 through volunteer work, especially volunteer effort by persons who
15-14 have been victims of family violence.
15-15 (d) [(c)] The department shall use a noncompetitive
15-16 procurement procedure if the department determines that there is no
15-17 competition between eligible family violence shelter centers for a
15-18 service area. If the department determines that there is
15-19 competition between eligible family violence shelter centers for a
15-20 service area, the department shall award a contract through a
15-21 competitive procurement procedure based on the factors in
15-22 Subsection (b) of this section.
15-23 (e) If a family violence nonresidential center provides
15-24 services that would not be otherwise available in the service area,
15-25 the department shall include the family violence nonresidential
15-26 center in the noncompetitive procurement procedure under Subsection
15-27 (d).
16-1 SECTION 17. Section 51.005, Human Resources Code, is amended
16-2 to read as follows:
16-3 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
16-4 shall contract only with family violence [shelter] centers that
16-5 fulfill the requirements of this chapter.
16-6 (b) The contracts shall require the persons operating a
16-7 family violence [shelter] center to:
16-8 (1) make a quarterly and an annual financial report on
16-9 a form prescribed by the department;
16-10 (2) cooperate with inspections the department makes to
16-11 ensure services standards and fiscal responsibility; and
16-12 (3) provide as a minimum access to the following:
16-13 (A) 24-hour-a-day shelter;
16-14 (B) a crisis call hotline available 24 hours a
16-15 day;
16-16 (C) emergency medical care;
16-17 (D) counseling services;
16-18 (E) emergency transportation;
16-19 (F) legal assistance in the civil and criminal
16-20 justice systems;
16-21 (G) educational arrangements for children;
16-22 (H) information about training for and seeking
16-23 employment;
16-24 (I) cooperation with criminal justice officials;
16-25 (J) community education;
16-26 (K) a referral system to existing community
16-27 services; and
17-1 (L) a volunteer recruitment and training
17-2 program.
17-3 (c) The contracts may require the persons operating a family
17-4 violence [shelter] center to use intake and case study forms.
17-5 Forms required shall be developed by the department with
17-6 consultation as outlined in Section 51.008 of this subtitle.
17-7 SECTION 18. Section 51.006, Human Resources Code, is amended
17-8 to read as follows:
17-9 Sec. 51.006. REPORT. Not later than November 1 of each
17-10 even-numbered year, the department shall publish a report that
17-11 summarizes reports from family violence [shelter] centers under
17-12 contract with the department and that analyzes the effectiveness of
17-13 the contracts authorized by this chapter. The reports must include
17-14 information on the expenditure of funds authorized under this
17-15 chapter, the services provided, the number of persons for whom a
17-16 service was provided, and any other information relating to the
17-17 provision of family violence services. The report may be combined
17-18 with the report required by Section 21.011. Copies of the report
17-19 shall be submitted to the governor, the lieutenant governor, the
17-20 speaker of the house of representatives, the Legislative Budget
17-21 Board, and the standing committees of the senate and house of
17-22 representatives having primary jurisdiction over the department.
17-23 SECTION 19. Section 51.007, Human Resources Code, is amended
17-24 to read as follows:
17-25 Sec. 51.007. CONFIDENTIALITY. The department may not
17-26 disclose any information gained through reports, collected case
17-27 data, or inspections that would identify a particular center or a
18-1 person working at or receiving services at a family violence
18-2 [shelter] center.
18-3 SECTION 20. Chapter 51, Human Resources Code, is amended by
18-4 adding Section 51.012 to read as follows:
18-5 Sec. 51.012. COORDINATION OF SERVICES. The department shall
18-6 coordinate the services provided under this chapter with other
18-7 services for victims of family violence provided by the Department
18-8 of Protective and Regulatory Services.
18-9 SECTION 21. Section 242.309, Health and Safety Code, as
18-10 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
18-11 Regular Session, 1997 (effective until federal determination of
18-12 failure to comply with federal regulations), is amended to read as
18-13 follows:
18-14 Sec. 242.309. PROVISIONAL LICENSE. (a) The board may issue
18-15 [On application, the department shall grant] a provisional license
18-16 to an applicant currently licensed in another jurisdiction who
18-17 seeks a license in this state and who [under this subchapter. An
18-18 applicant for a provisional license under this section must]:
18-19 (1) has been [be] licensed in good standing as a
18-20 nursing facility administrator for at least two years in another
18-21 jurisdiction, including a foreign country, [in another state, the
18-22 District of Columbia, or a territory of the United States] that has
18-23 licensing requirements that are substantially equivalent to the
18-24 requirements of this subchapter;
18-25 (2) has [have] passed a national or other examination
18-26 recognized by the board relating to the practice of nursing
18-27 facility administration; and
19-1 (3) is [be] sponsored by a person licensed by the
19-2 board under this subchapter with whom the provisional license
19-3 holder will [may] practice during the time the person holds a
19-4 provisional license [under this section].
19-5 (b) The board may waive [An applicant for a provisional
19-6 license may be excused from] the requirement of Subsection (a)(3)
19-7 for an applicant if the board [department] determines that
19-8 compliance with that subsection would be [constitutes] a hardship
19-9 to the applicant.
19-10 (c) A provisional license is valid until the date the board
19-11 [department] approves or denies the provisional license holder's
19-12 application for a license. The board [department] shall issue a
19-13 license under this subchapter to the provisional license holder [of
19-14 a provisional license under this section] if:
19-15 (1) the provisional license holder is eligible to be
19-16 licensed under [passes the examination required by] Section 242.306
19-17 [242.306(c)]; or
19-18 (2) the provisional license holder passes the part of
19-19 the examination under Section 242.307 that relates to the
19-20 applicant's knowledge and understanding of the laws and rules
19-21 relating to the practice of nursing facility administration in this
19-22 state and:
19-23 (A) the board [department] verifies that the
19-24 provisional license holder meets [has] the academic and experience
19-25 requirements for a license under this subchapter; and
19-26 (B) [(3)] the provisional license holder
19-27 satisfies all other license requirements under this subchapter.
20-1 (d) The board must approve or deny [department shall
20-2 complete the processing of] a provisional license holder's
20-3 application for a license not later than the 180th day after the
20-4 date the provisional license is issued. The board [department] may
20-5 extend the 180-day period if the results of an examination have not
20-6 been received by the board before the end of that period [this time
20-7 in order to receive the results of a national examination or other
20-8 examination administered or graded by an outside organization
20-9 recognized by the department].
20-10 (e) The board may establish a fee for provisional licenses
20-11 in an amount reasonable and necessary to cover the cost of issuing
20-12 the license.
20-13 SECTION 22. Section 242.310, Health and Safety Code, as
20-14 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
20-15 Regular Session, 1997 (effective until federal determination of
20-16 failure to comply with federal regulations), is amended to read as
20-17 follows:
20-18 Sec. 242.310. LICENSE RENEWAL. (a) A person who is
20-19 otherwise eligible to renew a license may renew an unexpired
20-20 license by paying [to the department before the expiration of the
20-21 license] the required renewal fee to the department before the
20-22 expiration date of the license. A person whose license has expired
20-23 may not engage in activities that require a license until the
20-24 license has been renewed.
20-25 (b) A person whose [If a person's] license has been expired
20-26 for 90 days or less[, the person] may renew the license by paying
20-27 to the department a [the required] renewal fee [and a fee] that is
21-1 equal to 1-1/2 times the normally required renewal fee [one-half of
21-2 the examination fee for the license].
21-3 (c) A person whose [If a person's] license has been expired
21-4 for more [longer] than 90 days but less than one year[, the person]
21-5 may renew the license by paying to the department a renewal fee
21-6 that is equal to two times the normally required renewal fee [all
21-7 unpaid renewal fees and a fee that is equal to the examination fee
21-8 for the license].
21-9 (d) A person whose [If a person's] license has been expired
21-10 for one year or more [longer, the person] may not renew the
21-11 license. The person may obtain a new license by complying with the
21-12 requirements and procedures, including the examination
21-13 requirements, for obtaining an original license.
21-14 (e) A [However, the department may renew without
21-15 reexamination an expired license of a] person who was licensed in
21-16 this state, moved to another state, and is currently licensed and
21-17 has been in practice in the other state for the two years preceding
21-18 the date of application may obtain a new license without
21-19 reexamination. The [Such] person must pay to the department a fee
21-20 that is equal to two times the normally required renewal [the
21-21 examination] fee for the license.
21-22 (f) Not later than the 31st day [(e) At least 30 days]
21-23 before the date [expiration of] a person's license is scheduled to
21-24 expire, the department shall send written notice of the impending
21-25 [license] expiration to the person at the person's [license
21-26 holder's] last known address according to the records of the
21-27 department.
22-1 SECTION 23. Section 242.314, Health and Safety Code, as
22-2 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
22-3 Regular Session, 1997 (effective upon federal determination of
22-4 failure to comply with federal regulations), is amended to read as
22-5 follows:
22-6 Sec. 242.314. PROVISIONAL LICENSE. (a) The board may issue
22-7 [On application, the board shall grant] a provisional license to an
22-8 applicant currently licensed in another jurisdiction who seeks a
22-9 license in this state and who [under this subchapter. An applicant
22-10 for a provisional license under this section must]:
22-11 (1) has been [be] licensed in good standing as a
22-12 nursing facility administrator for at least two years in another
22-13 jurisdiction, including a foreign country, [in another state, the
22-14 District of Columbia, or a territory of the United States] that has
22-15 licensing requirements that are substantially equivalent to the
22-16 requirements of this subchapter;
22-17 (2) has [have] passed a national or other examination
22-18 recognized by the board relating to the practice of nursing
22-19 facility administration; and
22-20 (3) is [be] sponsored by a person licensed by the
22-21 board under this subchapter with whom the provisional license
22-22 holder will [may] practice during the time the person holds a
22-23 provisional license [under this section].
22-24 (b) The board may waive [An applicant for a provisional
22-25 license may be excused from] the requirement of Subsection (a)(3)
22-26 for an applicant if the board determines that compliance with that
22-27 subsection would be [constitutes] a hardship to the applicant.
23-1 (c) A provisional license is valid until the date the board
23-2 approves or denies the provisional license holder's application for
23-3 a license. The board shall issue a license under this subchapter
23-4 to the provisional license holder [of a provisional license under
23-5 this section] if:
23-6 (1) the provisional license holder is eligible to be
23-7 licensed under [passes the examination required by] Section 242.306
23-8 [242.311(c)]; or
23-9 (2) the provisional license holder passes the part of
23-10 the examination under Section 242.307 that relates to the
23-11 applicant's knowledge and understanding of the laws and rules
23-12 relating to the practice of nursing facility administration in this
23-13 state and:
23-14 (A) the board verifies that the provisional
23-15 license holder meets [has] the academic and experience requirements
23-16 for a license under this subchapter; and
23-17 (B) [(3)] the provisional license holder
23-18 satisfies any other license requirements under this subchapter.
23-19 (d) The board must approve or deny [shall complete the
23-20 processing of] a provisional license holder's application for a
23-21 license not later than the 180th day after the date the provisional
23-22 license is issued. The board may extend the 180-day period if the
23-23 results of an examination have not been received by the board
23-24 before the end of that period [this time in order to receive the
23-25 results of a national examination or other examination administered
23-26 or graded by an outside organization recognized by the board].
23-27 (e) The board may establish a fee for provisional licenses
24-1 in an amount reasonable and necessary to cover the cost of issuing
24-2 the license.
24-3 SECTION 24. Section 242.315, Health and Safety Code, as
24-4 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
24-5 Regular Session, 1997 (effective upon federal determination of
24-6 failure to comply with federal regulations), is amended to read as
24-7 follows:
24-8 Sec. 242.315. LICENSE RENEWAL. (a) A person who is
24-9 otherwise eligible to renew a license may renew an unexpired
24-10 license by paying [to the board before the expiration of the
24-11 license] the required renewal fee to the board before the
24-12 expiration date of the license. A person whose license has expired
24-13 may not engage in activities that require a license until the
24-14 license has been renewed.
24-15 (b) A person whose [If a person's] license has been expired
24-16 for 90 days or less[, the person] may renew the license by paying
24-17 to the board a [the required] renewal fee that is equal to 1-1/2
24-18 times the normally required fee [and a fee that is one-half of the
24-19 examination fee for the license].
24-20 (c) A person whose [If a person's] license has been expired
24-21 for more [longer] than 90 days but less than one year[, the person]
24-22 may renew the license by paying to the board a [all unpaid] renewal
24-23 [fees and a] fee that is equal to two times the normally required
24-24 renewal fee [the examination fee for the license].
24-25 (d) A person whose [If a person's] license has been expired
24-26 for one year or more [longer, the person] may not renew the
24-27 license. The person may obtain a new license by complying with the
25-1 requirements and procedures, including the examination
25-2 requirements, for obtaining an original license.
25-3 (e) A [However, the board may renew without reexamination an
25-4 expired license of a] person who was licensed in this state, moved
25-5 to another state, and is currently licensed and has been in
25-6 practice in the other state for the two years preceding the date of
25-7 application may obtain a new license without reexamination. The
25-8 person must pay to the board a fee that is equal to two times the
25-9 normally required renewal [the examination] fee for the license.
25-10 (f) Not later than the 31st day [(e) At least 30 days]
25-11 before the date a person's license is scheduled to expire
25-12 [expiration of a person's license], the board shall send written
25-13 notice of the impending [license] expiration to the person at the
25-14 person's [license holder's] last known address according to the
25-15 records of the board.
25-16 SECTION 25. Chapter 242, Health and Safety Code, is amended
25-17 by adding Subchapter Q to read as follows:
25-18 SUBCHAPTER Q. PUBLIC ACCESS TO QUALITY OF SERVICE INFORMATION
25-19 Sec. 242.901. COMPILATION OF QUALITY OF SERVICE INFORMATION.
25-20 (a) The department shall compile and periodically update
25-21 regulatory and service quality information regarding nursing
25-22 facilities licensed under this chapter for review by the public.
25-23 This subsection applies only to regulatory and service quality
25-24 information that is public information subject to public disclosure
25-25 under Chapter 552, Government Code.
25-26 (b) The department shall compile the compilation required
25-27 under Subsection (a) in a format that is readily accessible to and
26-1 understandable by a member of the general public.
26-2 (c) The compilation required under Subsection (a) must
26-3 include information useful to a member of the general public in
26-4 selecting a nursing facility, including:
26-5 (1) complaint information, including the number of
26-6 complaints received, outcomes of investigations of the complaints,
26-7 and final sanction information;
26-8 (2) staff turnover rates;
26-9 (3) staff to resident ratios; and
26-10 (4) percentages of budgets spent on direct patient
26-11 care.
26-12 Sec. 242.902. ACCESS TO QUALITY OF SERVICE INFORMATION. The
26-13 department shall make copies of the information compiled under
26-14 Section 242.901 available to the public on request, and shall also
26-15 provide access to the information through:
26-16 (1) any toll-free telephone numbers maintained by the
26-17 department; and
26-18 (2) any Internet sites or other electronic forums
26-19 maintained by the department.
26-20 SECTION 26. Section 7.021, Education Code, is amended by
26-21 adding Subsection (d) to read as follows:
26-22 (d) The agency shall administer federal nutrition programs
26-23 as otherwise required by law.
26-24 SECTION 27. Subchapter B, Chapter 7, Education Code, is
26-25 amended by adding Section 7.025 to read as follows:
26-26 Sec. 7.025. SUMMER FOOD SERVICE PROGRAM. (a) The agency
26-27 shall ensure that children residing in school districts in which 60
27-1 percent or more of the children are educationally disadvantaged
27-2 have access to meals provided through the federal Summer Food
27-3 Service Program. The commissioner shall designate an agency
27-4 employee to coordinate activities necessary to comply with this
27-5 subsection.
27-6 (b) Annually the agency shall identify each school district
27-7 described by Subsection (a). Not later than November 30 of each
27-8 year, the agency shall notify each identified district without a
27-9 program sponsor of the district's responsibility to provide or
27-10 arrange for the provision of a program during the following summer.
27-11 (c) Not later than January 31 of the following year, each
27-12 notified school district shall respond to the agency and indicate
27-13 the district's intent to operate a program during the following
27-14 summer or request a waiver under Subsection (d).
27-15 (d) The commissioner may waive the requirement that a school
27-16 district operate a program if:
27-17 (1) the district demonstrates that:
27-18 (A) there are fewer than 100 educationally
27-19 disadvantaged children in the district;
27-20 (B) transportation remains an insurmountable
27-21 obstacle despite consultation by the district with public transit
27-22 providers;
27-23 (C) the district is unable to operate a program
27-24 due to renovation or construction within the district and an
27-25 appropriate alternative provider or site is not available; or
27-26 (D) the district is unable to operate a program
27-27 due to other extenuating circumstances and an appropriate
28-1 alternative provider or site is not available; and
28-2 (2) the district works with the agency to identify
28-3 other persons and agencies in the district who were contacted as
28-4 potential providers or sites for the program.
28-5 (e) The agency shall publish rules and procedures for
28-6 obtaining a waiver under Subsection (d). A waiver is valid for a
28-7 one-year period.
28-8 (f) If a school district has requested a waiver under
28-9 Subsection (d) and has been unable to provide a list of possible
28-10 sponsors to the agency, the agency shall continue efforts to locate
28-11 an alternative sponsor for the program.
28-12 (g) School district facilities shall be used for the program
28-13 unless:
28-14 (1) the district provides documentation, verified by
28-15 the agency, showing that the cost to the district exceeds the
28-16 funds available for the program; or
28-17 (2) the agency verifies that the program will operate
28-18 at adequate alternative facilities.
28-19 (h) Not later than November 1 of each even-numbered year,
28-20 the agency shall provide to the Governor's Office of Budget and
28-21 Planning, the Legislative Budget Board, and the state auditor a
28-22 report that includes:
28-23 (1) a listing of school districts identified under
28-24 Subsection (b) that have become sponsors of a program;
28-25 (2) a listing of school districts identified under
28-26 Subsection (b) that failed to satisfy the requirements of this
28-27 section; and
29-1 (3) the costs, other than amounts compensated by
29-2 federal funds, incurred by school districts and the state to comply
29-3 with this section.
29-4 (i) The agency shall notify members of the legislature and
29-5 the standing committees of the senate and house of representatives
29-6 having primary jurisdiction over the agency of the filing of the
29-7 report.
29-8 SECTION 28. Section 30.05(b)(3), Penal Code, is amended to
29-9 read as follows:
29-10 (3) "Shelter center" has the meaning assigned by
29-11 Section 51.002 [51.002(1)], Human Resources Code.
29-12 SECTION 29. (a) On January 1, 2000, or an earlier date
29-13 provided by an interagency agreement between the Texas Department
29-14 of Human Services and the Texas Education Agency:
29-15 (1) all powers, duties, functions, and activities
29-16 relating to the following programs assigned to or performed by the
29-17 Texas Department of Human Services immediately before January 1,
29-18 2000, are transferred to the Texas Education Agency:
29-19 (A) the National School Breakfast Program;
29-20 (B) the National School Lunch Program;
29-21 (C) the Summer Food Service Program;
29-22 (D) the Child and Adult Care Food Program; and
29-23 (E) the Special Milk Program;
29-24 (2) all funds, obligations, and contracts of the Texas
29-25 Department of Human Services related to a program listed in
29-26 Subdivision (1) of this subsection are transferred to the Texas
29-27 Education Agency;
30-1 (3) all property and records in the custody of the
30-2 Texas Department of Human Services related to a program listed in
30-3 Subdivision (1) of this subsection and all funds appropriated by
30-4 the legislature for a program listed in Subdivision (1) of this
30-5 subsection are transferred to the Texas Education Agency; and
30-6 (4) all employees of the Texas Department of Human
30-7 Services who primarily perform duties related to a program listed
30-8 in Subdivision (1) of this subsection become employees of the Texas
30-9 Education Agency, to be assigned duties by the commissioner of
30-10 education.
30-11 (b) A rule or form adopted by the Texas Department of Human
30-12 Services that relates to a program listed in Subsection (a) of
30-13 this section is a rule or form of the Texas Education Agency and
30-14 remains in effect until altered by the agency. The secretary of
30-15 state is authorized to adopt rules as necessary to expedite the
30-16 implementation of this subsection.
30-17 (c) A reference in law to the Texas Department of Human
30-18 Services that relates to a program listed in Subsection (a) of
30-19 this section means the Texas Education Agency.
30-20 SECTION 30. Section 32.025(c), Human Resources Code, is
30-21 repealed.
30-22 SECTION 31. Section 33.024, Human Resources Code, is
30-23 repealed.
30-24 SECTION 32. (a) The transfer of powers, duties, functions,
30-25 programs, and activities from the Texas Department of Human
30-26 Services to the Texas Education Agency under Section 29 of this Act
30-27 does not affect or impair any act done, any obligation, right,
31-1 order, license, permit, rule, criterion, standard, or requirement
31-2 existing, any investigation begun, or any penalty accrued under
31-3 former law, and that law remains in effect for any action
31-4 concerning those matters.
31-5 (b) An action brought or proceeding commenced before the
31-6 effective date of this Act in connection with a power, duty,
31-7 function, program, or activity transferred under Section 29 of this
31-8 Act, including a contested case or a remand of an action or
31-9 proceeding by a reviewing court, is governed by the law and rules
31-10 applicable to the action or proceeding before the effective date of
31-11 this Act.
31-12 SECTION 33. (a) The changes in law made by this Act
31-13 relating to the qualifications for a license issued by the Texas
31-14 Department of Human Services apply only to an application for a
31-15 license made on or after the effective date of this Act.
31-16 (b) An application made for a license issued by the Texas
31-17 Department of Human Services before the effective date of this Act
31-18 is governed by the law in effect on the date the application was
31-19 made, and the former law is continued in effect for that purpose.
31-20 SECTION 34. (a) The changes in law made by this Act to the
31-21 qualifications of and the prohibitions applying to members of the
31-22 Texas Board of Human Services do not affect the entitlement of a
31-23 member serving on the board immediately before September 1, 1999,
31-24 to continue to carry out the functions of the board for the
31-25 remainder of the member's term. The changes in law apply only to a
31-26 member appointed on or after September 1, 1999. This Act does not
31-27 prohibit a person who is a member of the board on September 1,
32-1 1999, from being reappointed to the board if the person has the
32-2 qualifications required for membership under Section 21.003, Human
32-3 Resources Code, as amended by this Act.
32-4 (b) The governor shall, in filling the first two vacancies
32-5 on the Texas Board of Human Services that occur after the effective
32-6 date of this Act, ensure that the composition of the board after
32-7 those vacancies are filled complies with the requirements of
32-8 Section 21.003(b), Human Resources Code, as amended by this Act.
32-9 SECTION 35. (a) Not later than January 1, 2000, the Texas
32-10 Department of Human Services shall develop and implement the system
32-11 of selective contracting required by Section 22.0071(a), Human
32-12 Resources Code, as added by this Act.
32-13 (b) Notwithstanding Section 22.0071(a), Human Resources
32-14 Code, as added by this Act:
32-15 (1) the Texas Department of Human Services may
32-16 continue to use an open enrollment contracting system with
32-17 providers for the delivery of department community care services
32-18 until the system of selective contracting is implemented; and
32-19 (2) a provider of department community care services
32-20 under a contract executed before the effective date of this Act may
32-21 continue to provide services in accordance with the contract until
32-22 the contract expires or is lawfully terminated.
32-23 (c) The change in law made by Section 22.0071(b), Human
32-24 Resources Code, as added by this Act, applies only to a contract
32-25 that is entered into or renewed on or after the effective date of
32-26 this Act. A contract entered into before the effective date of
32-27 this Act is governed by the law in effect at the time the contract
33-1 was entered into, and that law is continued in effect for that
33-2 purpose.
33-3 SECTION 36. (a) The change in law made to Section 22.018,
33-4 Human Resources Code, by this Act relating to a contested case
33-5 hearing conducted by the State Office of Administrative Hearings on
33-6 behalf of the Texas Department of Human Services applies only to a
33-7 hearing that begins on or after January 1, 2000. Notwithstanding
33-8 any other provision of this Act, a hearing that begins before that
33-9 date is governed by the law in effect at the time the hearing
33-10 begins, and that law is continued in effect for that purpose.
33-11 (b) The commissioner of the Texas Department of Human
33-12 Services and the chief administrative law judge of the State Office
33-13 of Administrative Hearings may agree to transfer contested cases
33-14 pending before the Texas Department of Human Services to the State
33-15 Office of Administrative Hearings before January 1, 2000.
33-16 SECTION 37. Section 32.0212, Human Resources Code, as added
33-17 by this Act, applies only to a contract that is entered into or
33-18 renewed on or after the effective date of this Act. A contract
33-19 entered into before the effective date of this Act is governed by
33-20 the law in effect at the time the contract was entered into, and
33-21 that law is continued in effect for that purpose.
33-22 SECTION 38. If, before implementing any provision of this
33-23 Act, a state agency determines that a waiver or authorization from
33-24 a federal agency is necessary for implementation of that provision,
33-25 the agency affected by the provision shall request the waiver or
33-26 authorization and may delay implementing that provision until the
33-27 waiver or authorization is granted.
34-1 SECTION 39. (a) Except as provided by Subsection (b) of
34-2 this section, this Act takes effect September 1, 1999.
34-3 (b) Sections 27 and 31 of this Act take effect January 1,
34-4 2000.
34-5 SECTION 40. The importance of this legislation and the
34-6 crowded condition of the calendars in both houses create an
34-7 emergency and an imperative public necessity that the
34-8 constitutional rule requiring bills to be read on three several
34-9 days in each house be suspended, and this rule is hereby suspended.