By Maxey                                              H.B. No. 2244
         76R6574 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to coordination of transportation services provided to
 1-3     clients of health and human services agencies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 131, Human Resources Code, is amended to
 1-6     read as follows:
 1-7         CHAPTER 131.  HEALTH AND HUMAN SERVICES OFFICE OF COMMUNITY
 1-8                TRANSPORTATION SERVICES [AND PLANNING OFFICE]
 1-9           Sec. 131.001.  OFFICE.  The Health and Human Services
1-10     [Transportation and Planning] Office of Community Transportation
1-11     Services is in the Health and Human Services Commission.
1-12           Sec. 131.002.  DEFINITIONS.  In this chapter:
1-13                 (1)  "Commissioner" means the commissioner of health
1-14     and human services.
1-15                 (2)  "Health and human services agency" has the meaning
1-16     assigned by Section 531.001, Government Code.
1-17                 (3)  "Office" means the Health and Human Services
1-18     Office of Community Transportation Services.
1-19           Sec. 131.003.  POWERS AND DUTIES.  (a)  The office, with
1-20     assistance from the commissioner, shall:
1-21                 (1)  collect data on health and human services client
1-22     transportation needs, services, and expenditures;
1-23                 (2)  create a statewide coordination plan regarding a
1-24     system of transportation for clients of health and human services
 2-1     agencies that provides for coordinated, community-based services,
 2-2     including the designation of local transportation coordinators;
 2-3                 (3)  establish a standardized system [standards] of
 2-4     reporting and accounting to be used by [methods for] all health and
 2-5     human services agencies providing [health and human services]
 2-6     client transportation;
 2-7                 (4)  maximize federal funds for client transportation
 2-8     through the use of available state funds for matching purposes and
 2-9     the possible use of oil overcharge money and planning funds
2-10     available through the federal department of transportation;
2-11                 (5)  evaluate the effectiveness of pooling client
2-12     transportation resources for capital acquisition and the joint
2-13     purchase of liability insurance;
2-14                 (6)  assist state agencies in coordinating
2-15     transportation resources;
2-16                 (7)  ensure coordination between the office and the
2-17     Texas Department of Transportation with regard to the use of funds
2-18     received by the department under 49 U.S.C.  Section 1612(b)(1);
2-19                 (8)  examine the feasibility of consolidating all
2-20     funding for health and human services client transportation and
2-21     creating a transportation system through which clients of a state
2-22     or local agency or program could be matched with the most
2-23     cost-effective and appropriate transportation services for their
2-24     needs;
2-25                 (9)  evaluate the use of existing computer software for
2-26     use at the local level in client transportation services; and
2-27                 (10)  review the feasibility of taking medical care to
 3-1     those in need, including the use of mobile clinics, and review the
 3-2     possibility of using federal highway funds for those transportation
 3-3     needs.
 3-4           (b)  The office [Health and Human Services Transportation and
 3-5     Planning Office] shall coordinate with the Health and Human
 3-6     Services Commission  and health and human services agencies in
 3-7     implementing the goals listed in Section 531.022(c), Government
 3-8     Code [10(b), Article 4413(502), Revised Statutes].  The office
 3-9     shall report its findings and proposals to the governor, the
3-10     Legislative Budget Board, the secretary of state, and the
3-11     commissioner [of health and human services] not later than
3-12     September 1 of each even-numbered year.
3-13           Sec. 131.004 [131.003].  [OFFICE] STAFF.  The commissioner
3-14     [of health and human services] shall employ staff needed to carry
3-15     out the duties of the office and the Council on Coordinated
3-16     Transportation created under Section 131.007.
3-17           Sec. 131.005.  REPORTING AND ACCOUNTING SYSTEM.  Each health
3-18     and human services agency that provides, purchases, or otherwise
3-19     funds transportation services for clients shall:
3-20                 (1)  comply with the standardized system of reporting
3-21     and accounting established by the office under Section
3-22     131.003(a)(3);
3-23                 (2)  make any changes to agency data collection systems
3-24     that are necessary to enable  the agency to comply with the
3-25     standardized system; and
3-26                 (3)  not later than August 31 of each year, submit to
3-27     the office a report relating to transportation services that
 4-1     complies with the standardized system.
 4-2           Sec. 131.006.  IMPLEMENTATION OF STATEWIDE COORDINATION PLAN.
 4-3     In order to implement the statewide coordination plan created by
 4-4     the office under Section 131.003(a)(2), the office shall:
 4-5                 (1)  review rules, policies, contracts, grants, and
 4-6     funding mechanisms relating to transportation services of each
 4-7     health and human services agency that provides, purchases, or
 4-8     otherwise funds transportation services for clients to determine
 4-9     whether the rules, policies, contracts, grants, and funding
4-10     mechanisms are consistent with the plan;
4-11                 (2)  make recommendations for revisions to rules,
4-12     policies, contracts, grants, and funding mechanisms determined
4-13     under Subdivision (1) to be inconsistent  with the plan; and
4-14                 (3)  not later than September 30 of each even-numbered
4-15     year,  submit a report by electronic mail and by hand delivery to
4-16     the governor, the secretary of state, the  Legislative Budget
4-17     Board, and the commissioner relating to the results of the review
4-18     conducted by the office under this section.
4-19           Sec. 131.007.  COUNCIL ON COORDINATED TRANSPORTATION.  (a)
4-20     The Council on Coordinated Transportation is created as an advisory
4-21     committee to assist the office and the commissioner in performing
4-22     the duties specified in this chapter.  The council consists of 11
4-23     voting members and four nonvoting members appointed in the manner
4-24     provided by Subsections (b) and (c).
4-25           (b)  The following members may vote on council action:
4-26                 (1)  a representative of consumers of special
4-27     transportation services, appointed by the governor;
 5-1                 (2)  a representative of consumers of public
 5-2     transportation services, appointed by the governor;
 5-3                 (3)  two representatives of nonprofit consumer groups
 5-4     working in the area of transportation services for recipients of
 5-5     health and human services, appointed by the governor;
 5-6                 (4)  a representative of a local workforce development
 5-7     board, appointed by the executive director of the Texas Workforce
 5-8     Commission;
 5-9                 (5)  a representative of the Texas Transit Association,
5-10     appointed by the executive director of that association;
5-11                 (6)  a representative of the Texas Department of
5-12     Transportation, appointed by the executive director of that agency;
5-13                 (7)  a representative of the Texas Department of Mental
5-14     Health and Mental Retardation, appointed by the commissioner of
5-15     mental health and mental retardation;
5-16                 (8)  a representative of the Texas Department of Human
5-17     Services, appointed by the commissioner of human services;
5-18                 (9)  a representative of the Health and Human Services
5-19     Commission, appointed by the commissioner of health and human
5-20     services; and
5-21                 (10)  a representative of the Texas Department of
5-22     Health, appointed by the commissioner of public health.
5-23           (c)  The following members may not vote on council action:
5-24                 (1)  two members of the senate, appointed by the
5-25     lieutenant governor; and
5-26                 (2)  two members of the house of representatives,
5-27     appointed by the speaker of the house of representatives.
 6-1           (d)  A member of the legislature or a member appointed to
 6-2     represent a state agency or local workforce development board
 6-3     receives no additional compensation for service on the council, but
 6-4     is entitled to reimbursement of actual and necessary expenses
 6-5     resulting from service on the council in the manner that the member
 6-6     receives reimbursement of expenses associated with other public
 6-7     duties.  Other members of the council receive no compensation for
 6-8     service on the council, but are entitled to reimbursement of actual
 6-9     and necessary expenses resulting from service on the council from
6-10     money available to the Health and Human Services Commission.
6-11           (e)  The representative of the Health and Human Services
6-12     Commission shall serve as presiding officer of the council.  The
6-13     voting members of the council may elect any other necessary
6-14     officers.
6-15           (f)  The council is not subject to Chapter 2110, Government
6-16     Code.
6-17           SECTION 2.  Not later than January 1, 2001, the Health and
6-18     Human Services Office of Community Transportation Services and the
6-19     Commissioner of Health and Human Services shall create the
6-20     statewide  coordination plan required by Section 131.003(a)(2),
6-21     Human Resources Code, as amended by this Act.
6-22           SECTION 3.  This Act takes effect September 1, 1999.
6-23           SECTION 4.  The importance of this legislation and the
6-24     crowded condition of the calendars in both houses create an
6-25     emergency and an imperative public necessity that the
6-26     constitutional rule requiring bills to be read on three several
6-27     days in each house be suspended, and this rule is hereby suspended.