By Gray, Bosse, McCall H.B. No. 2641
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Health and Human
1-3 Services Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. GENERAL POWERS AND DUTIES OF HEALTH AND HUMAN
1-6 SERVICES COMMISSION
1-7 SECTION 1.01. Section 531.004, Government Code, is amended
1-8 to read as follows:
1-9 Sec. 531.004. SUNSET PROVISION. The Health and Human
1-10 Services Commission is subject to Chapter 325 (Texas Sunset Act).
1-11 Unless continued in existence as provided by that chapter, the
1-12 commission is abolished and this chapter expires September 1, 2007
1-13 [1999].
1-14 SECTION 1.02. Section 531.005(a), Government Code, is
1-15 amended to read as follows:
1-16 (a) The commission is governed by a commissioner of health
1-17 and human services appointed by the governor [with the advice and
1-18 consent of the senate]. The commissioner may be removed by the
1-19 governor.
1-20 SECTION 1.03. Section 531.009, Government Code, is amended
1-21 to read as follows:
1-22 Sec. 531.009. PERSONNEL. (a) The commissioner shall employ
1-23 a medical director to provide medical expertise to the commissioner
1-24 and the commission and may employ other personnel necessary to
2-1 administer the commission's duties.
2-2 (b) The commissioner or the commissioner's designated
2-3 representative shall develop an intra-agency career ladder program,
2-4 one part of which must require the intra-agency posting of all
2-5 non-entry-level positions concurrently with any public posting.
2-6 (c) The commissioner or the commissioner's designated
2-7 representative shall develop a system of annual performance
2-8 evaluations based on measurable job tasks. All merit pay for
2-9 commission employees must be based on the system established under
2-10 this subsection.
2-11 (d) The commissioner shall provide to commission employees
2-12 as often as is necessary information regarding their qualifications
2-13 under this chapter and their responsibilities under applicable laws
2-14 relating to standards of conduct for state employees.
2-15 (e) The commissioner or the commissioner's designated
2-16 representative shall prepare and maintain a written policy
2-17 statement that implements [to ensure implementation of] a program
2-18 of equal employment opportunity to ensure that [under which] all
2-19 personnel transactions are made without regard to race, color,
2-20 disability, sex, religion, age, or national origin.
2-21 (f) The policy statement described by Subsection (e) must
2-22 include:
2-23 (1) personnel policies, including policies relating to
2-24 recruitment, evaluation, selection, [appointment,] training, and
2-25 promotion of personnel, that show the intent of the commission to
2-26 avoid the unlawful employment practices described by Chapter 21,
2-27 Labor Code; and
3-1 (2) an analysis of the extent to which the composition
3-2 of the commission's personnel is in accordance with state and
3-3 federal law and a description of reasonable methods to achieve
3-4 compliance with state and federal law [a comprehensive analysis of
3-5 the commission workforce that meets federal and state guidelines;]
3-6 [(3) procedures by which a determination can be made
3-7 of significant underuse in the commission workforce of all persons
3-8 for whom federal or state guidelines encourage a more equitable
3-9 balance; and]
3-10 [(4) reasonable methods to appropriately address areas
3-11 of significant underuse in the commission workforce of all persons
3-12 for whom federal or state guidelines encourage a more equitable
3-13 balance].
3-14 (g) The policy statement described by Subsection (e) must:
3-15 (1) be updated annually;
3-16 (2) be reviewed by the state Commission on Human
3-17 Rights for compliance with Subsection (f)(1); and
3-18 (3) be filed with the governor's office.
3-19 SECTION 1.04. Section 531.011, Government Code, is amended
3-20 by adding Subsection (g) to read as follows:
3-21 (g) In addition to the information file maintained under
3-22 Subsection (e), the commission shall maintain an information file
3-23 on a complaint received by the commission relating to any matter or
3-24 agency under the jurisdiction of the commission.
3-25 SECTION 1.05. Subchapter A, Chapter 531, Government Code, is
3-26 amended by adding Section 531.014 to read as follows:
3-27 Sec. 531.014. CONSOLIDATION OF REPORTS. The commission may
4-1 consolidate any annual or biennial reports required to be made
4-2 under this chapter or another law if:
4-3 (1) the consolidated report is submitted not later
4-4 than the earliest deadline for the submission of any component of
4-5 the consolidated report; and
4-6 (2) each person required to receive a component of the
4-7 consolidated report receives the consolidated report and the
4-8 consolidated report identifies the component of the report the
4-9 person was required to receive.
4-10 SECTION 1.06. Subchapter A, Chapter 531, Government Code, is
4-11 amended by adding Section 531.015 to read as follows:
4-12 Sec. 531.015. PUBLIC HEARINGS IN CERTAIN COUNTIES. (a) A
4-13 health and human services agency may not establish a new facility
4-14 at which the agency proposes to provide any services that the
4-15 agency is authorized to provide in a county with a population of
4-16 less than 200,000 unless the health and human services agency holds
4-17 a public hearing in that county at which the facility and its
4-18 proposed location is explained and at which public comment may be
4-19 offered.
4-20 (b) The time, place, and subject of the hearing shall be
4-21 publicized appropriately. Each state representative that represents
4-22 all or part of the county shall be informed in a timely manner of
4-23 the time, place, and subject of the hearing.
4-24 ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES
4-25 SECTION 2.01. Subchapter A, Chapter 531, Government Code, is
4-26 amended by adding Sections 531.0055 and 531.0056 to read as
4-27 follows:
5-1 Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO
5-2 CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) In
5-3 this section:
5-4 (1) "Agency director" means the director, executive
5-5 director, or commissioner of a health and human services agency.
5-6 (2) "Policymaking body" means the board or commission
5-7 with policymaking authority over a health and human services
5-8 agency.
5-9 (b) The commission shall:
5-10 (1) supervise the administration and operation of the
5-11 Medicaid program, including the administration and operation of the
5-12 Medicaid managed care system in accordance with Section 531.021;
5-13 (2) supervise information systems planning and
5-14 management for health and human services agencies under Section
5-15 531.0273;
5-16 (3) manage and distribute all federal funds received
5-17 by a health and human services agency in accordance with Section
5-18 531.028 and the General Appropriations Act; and
5-19 (4) implement Texas Integrated Enrollment Services as
5-20 required by Subchapter F.
5-21 (c) After implementation of the commission's duties under
5-22 Subsection (b), the commission shall implement the powers and
5-23 duties given to the commission under Sections 531.0246, 531.0247,
5-24 2155.144, as added by Chapter 1045, Acts of the 75th Legislature,
5-25 Regular Session, 1997, and 2167.004.
5-26 (d) After implementation of the commission's duties under
5-27 Subsections (b) and (c), the commission shall implement the powers
6-1 and duties given to the commission under Section 531.0248.
6-2 (e) Notwithstanding any other law, the commissioner, as
6-3 necessary to perform the functions described by Subsections (b),
6-4 (c), and (d) in implementation of the policies established by each
6-5 agency's policymaking body, shall:
6-6 (1) manage and direct the operations of each health
6-7 and human services agency; and
6-8 (2) supervise and direct the activities of each agency
6-9 director.
6-10 (f) The operational authority of the commissioner for
6-11 purposes of Subsection (e) at each health and human services agency
6-12 includes authority over the:
6-13 (1) management of the daily operations of the agency,
6-14 including the organization and management of the agency and agency
6-15 operating procedures;
6-16 (2) allocation of resources within the agency,
6-17 including use of federal funds received by the agency;
6-18 (3) personnel and employment policies;
6-19 (4) contracting, purchasing, and related policies,
6-20 subject to this chapter and other laws relating to contracting and
6-21 purchasing by a state agency;
6-22 (5) information resources systems used by the agency;
6-23 (6) location of agency facilities; and
6-24 (7) coordination of agency activities with activities
6-25 of other state agencies, including other health and human services
6-26 agencies.
6-27 (g) Notwithstanding any other law, the operational authority
7-1 of the commissioner for purposes of Subsection (e) at each health
7-2 and human services agency includes the authority to adopt or
7-3 approve, subject to applicable limitations, any rate of payment or
7-4 similar provision required by law to be adopted or approved by the
7-5 agency.
7-6 (h) For each health and human services agency, the
7-7 commissioner shall implement a program to evaluate and supervise
7-8 the daily operations of the agency. The program must include
7-9 measurable performance objectives for each agency director and
7-10 adequate reporting requirements to permit the commissioner to
7-11 perform the duties assigned to the commissioner under this section.
7-12 (i) To facilitate the operations of a health and human
7-13 services agency in accordance with this section, the commissioner
7-14 may delegate a specific power or duty given under Subsection (f) or
7-15 (g) to an agency director.
7-16 (j) The commissioner may adopt rules to implement the
7-17 commissioner's authority under this section.
7-18 (k) The commissioner and each agency director shall enter
7-19 into a memorandum of understanding that:
7-20 (1) clearly defines the responsibilities of the agency
7-21 director and the commissioner;
7-22 (2) establishes the program of evaluation and
7-23 supervision of daily operations required by Subsection (h); and
7-24 (3) describes each delegation of a power or duty made
7-25 under Subsection (i).
7-26 (l) Notwithstanding any other provision of this section, a
7-27 policymaking body has the authority provided by law to adopt
8-1 policies and rules governing the delivery of services to persons
8-2 who are served by the agency and the rights and duties of persons
8-3 who are served or regulated by the agency. A policymaking body and
8-4 the commissioner may not perform any power or duty or adopt any
8-5 rule or policy that expands or creates a right, power, or duty
8-6 beyond that granted or created by the express terms of a state or
8-7 federal statute, and the powers and duties and the rulemaking
8-8 authority of a policymaking body and the commissioner shall be
8-9 strictly construed in accordance with the express terms and
8-10 conditions of state and federal law and in a manner that will
8-11 accomplish the underlying purposes of this chapter. The
8-12 commissioner and each policymaking body shall enter into a
8-13 memorandum of understanding that clearly defines:
8-14 (1) the policymaking authority of the policymaking
8-15 body; and
8-16 (2) the operational authority of the commissioner.
8-17 Sec. 531.0056. AUTHORITY OVER RULEMAKING AT HEALTH AND HUMAN
8-18 SERVICES AGENCY. (a) Notwithstanding any other law, a health and
8-19 human services agency must notify the commissioner before proposing
8-20 a rule. A rule adopted in violation of this section is void.
8-21 (b) The commissioner may waive the requirement of this
8-22 section as necessary to permit emergency rulemaking in accordance
8-23 with Section 2001.034.
8-24 SECTION 2.02. Sections 21.004(a) and (b), Human Resources
8-25 Code, are amended to read as follows:
8-26 (a) The Commissioner of Human Services is the executive and
8-27 administrative officer of the department. The commissioner
9-1 exercises all rights, powers, and duties imposed or conferred by
9-2 law on the department unless the right, power, or duty is
9-3 specifically delegated by the commissioner of health and human
9-4 services [board] to the department's agents or employees.
9-5 (b) The commissioner is appointed by the commissioner of
9-6 health and human services [board] with the concurrence of the board
9-7 and the approval of the governor. The commissioner [and] serves at
9-8 the pleasure of the commissioner of health and human services but
9-9 may be discharged only with the concurrence of the board.
9-10 SECTION 2.03. Chapter 22, Human Resources Code, is amended
9-11 by adding Section 22.0001 to read as follows:
9-12 Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
9-13 AND HUMAN SERVICES. The commissioner of health and human services
9-14 has the powers and duties relating to the board and commissioner as
9-15 provided by Section 531.0055, Government Code. To the extent a
9-16 power or duty given to the board or commissioner by this title or
9-17 another law conflicts with Section 531.0055, Government Code,
9-18 Section 531.0055 controls.
9-19 SECTION 2.04. Section 40.027, Human Resources Code, is
9-20 amended to read as follows:
9-21 Sec. 40.027. EXECUTIVE DIRECTOR. (a) The commissioner of
9-22 health and human services shall appoint [board shall employ] the
9-23 executive director with the concurrence of the board and the
9-24 approval of the governor. The executive director serves at the
9-25 pleasure of the commissioner of health and human services but may
9-26 be discharged only with the concurrence of the board.
9-27 (b) The executive director is the executive head of the
10-1 department. The executive director shall perform the duties
10-2 assigned by the commissioner of health and human services [board]
10-3 and state law.
10-4 SECTION 2.05. Subchapter C, Chapter 40, Human Resources
10-5 Code, is amended by adding Section 40.0505 to read as follows:
10-6 Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-7 AND HUMAN SERVICES. The commissioner of health and human services
10-8 has the powers and duties relating to the board and executive
10-9 director as provided by Section 531.0055, Government Code. To the
10-10 extent a power or duty given to the board or executive director by
10-11 this chapter or another law conflicts with Section 531.0055,
10-12 Government Code, Section 531.0055 controls.
10-13 SECTION 2.06. Chapter 73, Human Resources Code, is amended
10-14 by adding Section 73.0045 to read as follows:
10-15 Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-16 AND HUMAN SERVICES. The commissioner of health and human services
10-17 has the powers and duties relating to the board and the executive
10-18 director of the board as provided by Section 531.0055, Government
10-19 Code. To the extent a power or duty given to the board or
10-20 executive director by this chapter or another law conflicts with
10-21 Section 531.0055, Government Code, Section 531.0055 controls.
10-22 SECTION 2.07. Sections 73.0052(b) and (c), Human Resources
10-23 Code, are amended to read as follows:
10-24 (b) The commissioner of health and human services shall
10-25 appoint [board shall employ] an executive director with the
10-26 concurrence of the board and the approval of the governor. The
10-27 executive director serves at the pleasure of the commissioner but
11-1 may be discharged only with the concurrence of the board. The[,
11-2 and the] executive director shall establish necessary
11-3 administrative units[,] and hire other necessary employees.
11-4 (c) Utilizing established standards, the commissioner of
11-5 health and human services [board] shall evaluate the performance of
11-6 the executive director annually.
11-7 SECTION 2.08. Chapter 81, Human Resources Code, is amended
11-8 by adding Section 81.0055 to read as follows:
11-9 Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-10 AND HUMAN SERVICES. The commissioner of health and human services
11-11 has the powers and duties relating to the commission and the
11-12 executive director of the commission as provided by Section
11-13 531.0055, Government Code. To the extent a power or duty given to
11-14 the commission or executive director by this chapter or another law
11-15 conflicts with Section 531.0055, Government Code, Section 531.0055
11-16 controls.
11-17 SECTION 2.09. Sections 81.008(a) and (b), Human Resources
11-18 Code, are amended to read as follows:
11-19 (a) The commissioner of health and human services
11-20 [commission] shall appoint an executive director with the
11-21 concurrence of the commission and the approval of the governor.
11-22 The executive director serves at the pleasure of the commissioner
11-23 but may be discharged only with the concurrence of the commission.
11-24 (b) In selecting an executive director, the commissioner of
11-25 health and human services [commission] shall give preference to a
11-26 deaf or hard of hearing person.
11-27 SECTION 2.10. Sections 91.012(a), (b), and (d), Human
12-1 Resources Code, are amended to read as follows:
12-2 (a) The commissioner of health and human services
12-3 [commission] shall [annually] appoint an executive director with
12-4 the concurrence of the commission and the approval of the governor.
12-5 The executive director serves at the pleasure of the commissioner
12-6 but may be discharged only with the concurrence of the commission.
12-7 (b) The commissioner of health and human services
12-8 [commission] shall select the executive director, according to
12-9 established personnel standards, on the basis of education,
12-10 training, experience, and demonstrated ability.
12-11 (d) The [On commission approval, the] executive director:
12-12 (1) shall appoint personnel necessary to efficiently
12-13 accomplish commission purposes;
12-14 (2) may delegate to an employee a power of the
12-15 executive director except the power to adopt rules or appoint
12-16 personnel;
12-17 (3) shall establish appropriate administrative units
12-18 within commission programs;
12-19 (4) may accept and use gifts and grants to the
12-20 commission to carry out the purposes of this title, if the
12-21 commission determines that the conditions of the gift or grant are
12-22 consistent with this title; and
12-23 (5) may take other actions that the executive director
12-24 considers necessary or appropriate to carry out commission
12-25 purposes.
12-26 SECTION 2.11. Subchapter C, Chapter 91, Human Resources
12-27 Code, is amended by adding Section 91.0205 to read as follows:
13-1 Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-2 AND HUMAN SERVICES. The commissioner of health and human services
13-3 has the powers and duties relating to the commission and executive
13-4 director as provided by Section 531.0055, Government Code. To the
13-5 extent a power or duty given to the commission or executive
13-6 director by this chapter or another law conflicts with Section
13-7 531.0055, Government Code, Section 531.0055 controls.
13-8 SECTION 2.12. Section 101.004(a), Human Resources Code, is
13-9 amended to read as follows:
13-10 (a) The commissioner of health and human services [board]
13-11 shall appoint an executive director of aging with the concurrence
13-12 of the board and the approval of the governor. The executive
13-13 director shall discharge all executive and administrative functions
13-14 of the department. The executive director must be a person with
13-15 executive ability and experience in the area of aging. The
13-16 executive director serves at the pleasure of the commissioner but
13-17 may be discharged only with the concurrence of the board.
13-18 SECTION 2.13. Subchapter B, Chapter 101, Human Resources
13-19 Code, is amended by adding Section 101.0205 to read as follows:
13-20 Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-21 AND HUMAN SERVICES. The commissioner of health and human services
13-22 has the powers and duties relating to the board and executive
13-23 director as provided by Section 531.0055, Government Code. To the
13-24 extent a power or duty given to the board or executive director by
13-25 this chapter or another law conflicts with Section 531.0055,
13-26 Government Code, Section 531.0055 controls.
13-27 SECTION 2.14. Section 111.017, Human Resources Code, is
14-1 amended to read as follows:
14-2 Sec. 111.017. COMMISSIONER. This chapter is administered by
14-3 the commissioner under operational policies established by the
14-4 commissioner of health and human services [board]. The
14-5 commissioner is appointed by the commissioner of health and human
14-6 services [board], with the concurrence of the board and the
14-7 approval of the governor, on the basis of education, training,
14-8 experience, and demonstrated ability. The commissioner serves at
14-9 the pleasure of the commissioner of health and human services but
14-10 may be discharged only with the concurrence of the board. The
14-11 commissioner serves as [board and is] secretary to the board, as
14-12 well as chief administrative officer of the agency.
14-13 SECTION 2.15. Subchapter C, Chapter 111, Human Resources
14-14 Code, is amended by adding Section 111.0505 to read as follows:
14-15 Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
14-16 AND HUMAN SERVICES. The commissioner of health and human services
14-17 has the powers and duties relating to the commission and
14-18 commissioner as provided by Section 531.0055, Government Code. To
14-19 the extent a power or duty given to the commission or commissioner
14-20 by this chapter or another law conflicts with Section 531.0055,
14-21 Government Code, Section 531.0055 controls.
14-22 SECTION 2.16. Subchapter C, Chapter 141, Human Resources
14-23 Code, is amended by adding Section 141.0405 to read as follows:
14-24 Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
14-25 AND HUMAN SERVICES. The commissioner of health and human services
14-26 has the powers and duties relating to the commission and director
14-27 as provided by Section 531.0055, Government Code. To the extent a
15-1 power or duty given to the commission or director by this chapter
15-2 or another law conflicts with Section 531.0055, Government Code,
15-3 Section 531.0055 controls.
15-4 SECTION 2.17. Sections 11.012(a), (b), (c), and (d), Health
15-5 and Safety Code, are amended to read as follows:
15-6 (a) The commissioner of health and human services shall
15-7 appoint [board shall employ] the commissioner with the concurrence
15-8 of the board and the approval of the governor. The commissioner
15-9 serves at the will of the commissioner of health and human services
15-10 but may be discharged only with the concurrence of the board.
15-11 (b) Except as provided in Subsection (c), the commissioner
15-12 must:
15-13 (1) have at least five years of experience in the
15-14 administration of public health systems; and
15-15 (2) be a person licensed to practice medicine in this
15-16 state.
15-17 (c) The commissioner of health and human services [board]
15-18 may, based on the qualifications and experience in administering
15-19 public health systems, appoint [and on two thirds vote of the
15-20 board, employ] a person other than a physician as the commissioner.
15-21 (d) If the commissioner of health and human services
15-22 appoints [board employs] a person as commissioner who is not a
15-23 physician, then the board shall designate a person licensed to
15-24 practice medicine in this state as chief medical executive.
15-25 SECTION 2.18. Subchapter A, Chapter 12, Health and Safety
15-26 Code, is amended by adding Section 12.0001 to read as follows:
15-27 Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
16-1 AND HUMAN SERVICES. The commissioner of health and human services
16-2 has the powers and duties relating to the board and commissioner as
16-3 provided by Section 531.0055, Government Code. To the extent a
16-4 power or duty given to the board or commissioner by this title or
16-5 another law conflicts with Section 531.0055, Government Code,
16-6 Section 531.0055 controls.
16-7 SECTION 2.19. Section 461.011(a), Health and Safety Code, is
16-8 amended to read as follows:
16-9 (a) The commissioner of health and human services
16-10 [commission] shall employ an executive director with the
16-11 concurrence of the commission and the approval of the governor.
16-12 The executive director serves at the pleasure of the commissioner
16-13 but may be discharged only with the concurrence of the commission.
16-14 The executive director shall hire other necessary employees.
16-15 SECTION 2.20. Chapter 461, Health and Safety Code, is
16-16 amended by adding Section 461.0115 to read as follows:
16-17 Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
16-18 AND HUMAN SERVICES. The commissioner of health and human services
16-19 has the powers and duties relating to the commission and executive
16-20 director as provided by Section 531.0055, Government Code. To the
16-21 extent a power or duty given to the commission or executive
16-22 director by this chapter or another law conflicts with Section
16-23 531.0055, Government Code, Section 531.0055 controls.
16-24 SECTION 2.21. Sections 532.011(a), (c), (d), and (f), Health
16-25 and Safety Code, are amended to read as follows:
16-26 (a) The commissioner of health and human services [board]
16-27 shall appoint a commissioner with the concurrence of the board and
17-1 the approval of the governor.
17-2 (c) The commissioner holds office at the will of the
17-3 commissioner of health and human services but may be discharged
17-4 only with the concurrence of the board.
17-5 (d) The [Subject to board rules and basic and general
17-6 policies, the] commissioner:
17-7 (1) has the administrative and decisional powers
17-8 granted under this subtitle; and
17-9 (2) shall administer the department and this subtitle
17-10 and ensure [assure] the effective administration of the department
17-11 and its programs and services.
17-12 (f) The [With the board's approval, the] commissioner shall:
17-13 (1) establish an organizational structure within the
17-14 department that will promote the effective administration of this
17-15 subtitle; and
17-16 (2) establish the duties and functions of the
17-17 department's staff.
17-18 SECTION 2.22. Subchapter A, Chapter 533, Health and Safety
17-19 Code, is amended by adding Section 533.0001 to read as follows:
17-20 Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
17-21 AND HUMAN SERVICES. The commissioner of health and human services
17-22 has the powers and duties relating to the board and commissioner as
17-23 provided by Section 531.0055, Government Code. To the extent a
17-24 power or duty given to the board or commissioner by this title or
17-25 another law conflicts with Section 531.0055, Government Code,
17-26 Section 531.0055 controls.
17-27 SECTION 2.23. (a) In this section, "agency director" has
18-1 the meaning assigned by Section 531.0055, Government Code, as added
18-2 by this Act.
18-3 (b) An agency director serving on the effective date of this
18-4 Act continues to serve in that position until the expiration of the
18-5 term of that person's appointment or employment or until removed
18-6 from the position as provided by law. A vacancy in the position of
18-7 an agency director that occurs on or after the effective date of
18-8 this Act shall be filled by the commissioner of health and human
18-9 services with the concurrence of the agency governing board and the
18-10 approval of the governor as required by the change in law made by
18-11 this Act.
18-12 (c) With the concurrence of the agency governing board and
18-13 the approval of the governor, the commissioner of health and human
18-14 services is authorized to appoint the agency director of an agency
18-15 added to those agencies defined as health and human services
18-16 agencies in Section 531.001, Government Code, by any other Act of
18-17 the 76th Legislature. The agency director serves at the pleasure
18-18 of the commissioner of health and human services but may be
18-19 discharged only with the concurrence of the governing body of the
18-20 agency.
18-21 ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH
18-22 AND HUMAN SERVICES COMMISSION
18-23 SECTION 3.01. Section 531.021(b), Government Code, is
18-24 amended to read as follows:
18-25 (b) The commission shall:
18-26 (1) plan and direct the Medicaid program in each
18-27 agency that operates a portion of the Medicaid program, including
19-1 the management of the Medicaid managed care system and the
19-2 development, procurement, management, and monitoring of contracts
19-3 necessary to implement the Medicaid managed care system;
19-4 (2) adopt [is responsible for adopting] reasonable
19-5 rules and standards governing the determination of fees, charges,
19-6 and rates for medical assistance payments under Chapter 32, Human
19-7 Resources Code, in consultation[. In adopting these rules and
19-8 standards, the commission shall consult] with the agencies that
19-9 operate the Medicaid program; and
19-10 (3) evaluate the Medicaid managed care system in
19-11 conjunction with the Texas Health Care Information Council under
19-12 Section 108.0065, Health and Safety Code.
19-13 SECTION 3.02. Subchapter B, Chapter 531, Government Code, is
19-14 amended by adding Sections 531.0246, 531.0247, 531.0248, and
19-15 531.0249 to read as follows:
19-16 Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN
19-17 SERVICES AGENCIES. Subject to Section 531.0055(c), the commission
19-18 may require a health and human services agency, under the direction
19-19 of the commission, to:
19-20 (1) locate all or a portion of the agency's employees
19-21 and programs in the same building as another health and human
19-22 services agency or at a location near or adjacent to the location
19-23 of another health and human services agency;
19-24 (2) ensure that the agency's location is accessible to
19-25 disabled employees and agency clients; and
19-26 (3) consolidate agency support services, including
19-27 clerical and administrative support services and information
20-1 resources support services, with support services provided to or by
20-2 another health and human services agency.
20-3 (4) The Health and Human Services Commission, in
20-4 coordination with the Texas Department of Mental Health and Mental
20-5 Retardation, shall evaluate the current and long-term costs
20-6 associated with serving in-patient psychiatric needs of persons
20-7 living in counties now served by the Austin State Hospital, the San
20-8 Antonio State Hospital, and the Kerrville State Hospital. This
20-9 evaluation shall take into consideration the condition of the
20-10 physical plants and other long-term asset management issues
20-11 associated with the operation of the hospitals, as well as other
20-12 issues associated with quality psychiatric care. After such
20-13 determination is made, the Health and Human Services Commission
20-14 shall begin to take action to influence the utilization of these
20-15 state hospitals in order to ensure efficient service delivery.
20-16 Sec. 531.0247. ANNUAL BUSINESS PLAN. Subject to Section
20-17 531.0055(c), the commission shall develop and implement an annual
20-18 business services plan for each health and human services region
20-19 that establishes performance objectives for all health and human
20-20 services agencies providing services in the region and measures
20-21 agency effectiveness and efficiency in achieving those objectives.
20-22 Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. (a)
20-23 Subject to Section 531.0055(d), the commission shall assist
20-24 communities in this state in developing comprehensive,
20-25 community-based support systems for health and human services. At
20-26 the request of a community, the commission shall provide resources
20-27 and assistance to the community to enable the community to:
21-1 (1) identify and overcome institutional barriers to
21-2 developing more comprehensive community support systems, including
21-3 barriers that result from the policies and procedures of state
21-4 health and human services agencies; and
21-5 (2) develop a system of blended funds to allow the
21-6 community to customize services to fit individual community needs.
21-7 (b) At the request of the commission, a health and human
21-8 services agency shall provide resources and assistance to a
21-9 community as necessary to perform the commission's duties under
21-10 Subsection (a).
21-11 (c) A health and human services agency that receives or
21-12 develops a proposal for a community initiative shall submit the
21-13 initiative to the commission for review and approval. The
21-14 commission shall review the initiative to ensure that the
21-15 initiative is consistent with other similar programs offered in
21-16 communities and does not duplicate other services provided in the
21-17 community.
21-18 (d) In implementing this section, the commission shall
21-19 consider models used in other service delivery systems, including
21-20 the mental health and mental retardation service delivery system.
21-21 Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL
21-22 ENTITIES. (a) The commission shall appoint an advisory committee
21-23 composed of representatives of governmental entities identified
21-24 under Section 531.022(e).
21-25 (b) The advisory committee:
21-26 (1) shall advise the commission with respect to
21-27 establishing flexible and responsive strategies for blending
22-1 federal, state, and other available funding sources to meet local
22-2 program needs and service priorities, in implementation of Sections
22-3 531.022, 531.024, and 531.0248; and
22-4 (2) may assist the commission in performing its other
22-5 functions under Sections 531.022, 531.024, 531.0248, and
22-6 531.028(b)(6).
22-7 (c) A member of the advisory committee may not receive
22-8 compensation, but is entitled to reimbursement of the travel
22-9 expenses incurred by the member while conducting the business of
22-10 the committee, as provided by the General Appropriations Act.
22-11 (d) The advisory committee is not subject to Chapter 2110.
22-12 SECTION 3.03. Sections 531.0271 and 531.0273, Government
22-13 Code, are amended to read as follows:
22-14 Sec. 531.0271. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
22-15 BUDGETS. The commission may, within the limits established by and
22-16 subject to [(a) In addition to the provisions of] the General
22-17 Appropriations Act, transfer amounts appropriated to health and
22-18 human services agencies among the agencies to [the commission shall
22-19 review and comment on]:
22-20 (1) enhance the receipt of federal money under the
22-21 federal funds management system established under Section 531.028;
22-22 (2) achieve efficiencies in the administrative support
22-23 functions of the agencies; and
22-24 (3) perform the functions assigned to the commissioner
22-25 under Section 531.0055 [the annual operating budget of each health
22-26 and human services agency; and]
22-27 [(2) the transfer of funds between budget strategies
23-1 made by each health and human services agency before that transfer.]
23-2 [(b) The commission shall issue a quarterly report regarding
23-3 the projected expenditures by budget strategy of each health and
23-4 human services agency compared to each agency's operating budget].
23-5 Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
23-6 MANAGEMENT; ADVISORY COMMITTEE [AUTOMATED SYSTEMS]. (a) The
23-7 commission is responsible for strategic planning for information
23-8 resources at each health and human services agency and shall direct
23-9 the management of information resources at each health and human
23-10 services agency. The commission shall:
23-11 (1) develop a coordinated strategic plan for
23-12 information resources management that:
23-13 (A) covers a five-year period;
23-14 (B) defines objectives for information resources
23-15 management at each health and human services agency;
23-16 (C) prioritizes information resources projects
23-17 and implementation of new technology for all health and human
23-18 services agencies;
23-19 (D) integrates planning and development of each
23-20 information resources system used by a health and human services
23-21 agency into a coordinated information resources management planning
23-22 and development system established by the commission;
23-23 (E) establishes standards for information
23-24 resources system security and that promotes the ability of
23-25 information resources systems to operate with each other; and
23-26 (F) achieves economies of scale and related
23-27 benefits in purchasing for health and human services information
24-1 resources systems;
24-2 (2) establish information resources management
24-3 policies, procedures, and technical standards and ensure compliance
24-4 with those policies, procedures, and standards; and
24-5 (3) review and approve the information resources
24-6 management and biennial operating plan of each health and human
24-7 services agency.
24-8 (b) Not later than December 15 of each even-numbered year,
24-9 the commission shall file the coordinated information resources
24-10 strategic plan with the governor, the lieutenant governor, and the
24-11 speaker of the house of representatives.
24-12 (c) A health and human services agency may not submit its
24-13 plans to the Department of Information Resources under Subchapter
24-14 E, Chapter 2054, until those plans are approved by the commission.
24-15 (d) The commission shall appoint an advisory committee
24-16 composed of:
24-17 (1) information resources managers for state agencies
24-18 and for private employers; and
24-19 (2) the directors, executive directors, and
24-20 commissioners of health and human services agencies.
24-21 (e) The advisory committee appointed under Subsection (d)
24-22 shall advise the commission with respect to the implementation of
24-23 the commission's duties under Subsection (a)(1) and:
24-24 (1) shall advise the commission about:
24-25 (A) overall goals and objectives for information
24-26 resources management for all health and human services agencies;
24-27 (B) coordination of agency information resources
25-1 management plans;
25-2 (C) development of short-term and long-term
25-3 strategies for:
25-4 (i) implementing information resources
25-5 management policies, procedures, and technical standards; and
25-6 (ii) ensuring compatibility of information
25-7 resources systems across health and human services agencies as
25-8 technology changes;
25-9 (D) information resources training and skill
25-10 development for health and human services agency employees and
25-11 policies to facilitate recruitment and retention of trained
25-12 employees;
25-13 (E) standards for determining:
25-14 (i) the circumstances in which obtaining
25-15 information resources services under contract is appropriate;
25-16 (ii) the information resources services
25-17 functions that must be performed by health and human services
25-18 agency information resources services employees; and
25-19 (iii) the information resources services
25-20 skills that must be maintained by health and human services agency
25-21 information resources services employees;
25-22 (F) optimization of the use of information
25-23 resources technology that is in place at health and human services
25-24 agencies; and
25-25 (G) existing and potential future information
25-26 resources technologies and practices and the usefulness of those
25-27 technologies and practices to health and human services agencies;
26-1 and
26-2 (2) shall review and make recommendations to the
26-3 commission relating to the consolidation and improved efficiency of
26-4 information resources management functions, including:
26-5 (A) cooperative leasing of information resources
26-6 systems equipment;
26-7 (B) consolidation of data centers;
26-8 (C) improved network operations;
26-9 (D) technical support functions, including help
26-10 desk services, call centers, and data warehouses;
26-11 (E) administrative applications;
26-12 (F) purchases of standard software;
26-13 (G) joint training efforts;
26-14 (H) recruitment and retention of trained agency
26-15 employees;
26-16 (I) video conferencing; and
26-17 (J) other related opportunities for improved
26-18 efficiency.
26-19 (f) A member of the advisory committee may not receive
26-20 compensation, but is entitled to reimbursement of the travel
26-21 expenses incurred by the member while conducting the business of
26-22 the committee, as provided by the General Appropriations Act.
26-23 (g) The advisory committee is not subject to Chapter 2110.
26-24 SECTION 3.04. Section 531.028, Government Code, is amended
26-25 to read as follows:
26-26 Sec. 531.028. MANAGEMENT AND DISTRIBUTION OF FUNDS. (a)
26-27 The commission, within the limits established by and subject to the
27-1 General Appropriations Act, shall manage and distribute all federal
27-2 funds received by health and human services agencies.
27-3 (b) The commissioner shall establish a federal money
27-4 management system to coordinate and monitor the use of federal
27-5 money that is received by health and human services agencies to
27-6 ensure that the money is spent in the most efficient manner and
27-7 shall:
27-8 (1) establish priorities for use of federal money by
27-9 all health and human services agencies, in coordination with the
27-10 coordinated strategic plan established under Section 531.022 and
27-11 the budget prepared under Section 531.026;
27-12 (2) coordinate and monitor the use of federal money
27-13 for health and human services to ensure that the money is spent in
27-14 the most cost-effective manner throughout the health and human
27-15 services system;
27-16 (3) review and approve all federal funding plans for
27-17 health and human services in this state;
27-18 (4) estimate available federal money, including earned
27-19 federal money, and monitor unspent money;
27-20 (5) ensure that the state meets federal requirements
27-21 relating to receipt of federal money for health and human services,
27-22 including requirements relating to state matching money and
27-23 maintenance of effort;
27-24 (6) transfer appropriated amounts as described by
27-25 Section 531.0271; and
27-26 (7) ensure that each governmental entity identified
27-27 under Section 531.022(e) has access to complete and timely
28-1 information about all sources of federal money for health and human
28-2 services programs and that technical assistance is available to
28-3 governmental entities seeking grants of federal money to provide
28-4 health and human services.
28-5 (c) The commission shall prepare an annual report with
28-6 respect to the results of the implementation of this section. The
28-7 report must identify strategies to maximize the receipt and use of
28-8 federal funds and to improve federal funds management. The
28-9 commission shall file the report with the governor, the lieutenant
28-10 governor, and the speaker of the house of representatives not later
28-11 than December 15 of each year [request budget execution for the
28-12 transfer of funds from one agency to another;]
28-13 [(2) establish a federal health and human services
28-14 funds management system and maximize the availability of those
28-15 funds; and]
28-16 [(3) review and comment on health and human services
28-17 agency formulas for the distribution of funds to ensure that the
28-18 formulas, to the extent permitted by federal law, consider such
28-19 need factors as client base, population, and economic and
28-20 geographic factors within the regions of the state].
28-21 SECTION 3.05. Section 531.0312, Government Code, is amended
28-22 to read as follows:
28-23 Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK.
28-24 (a) The Texas Information and Referral Network at the commission
28-25 is the program responsible for the development, coordination, and
28-26 implementation of a statewide information and referral network that
28-27 integrates existing community-based structures with state and local
29-1 agencies. The network must include information relating to
29-2 transportation services provided to clients of state and local
29-3 agencies.
29-4 (b) The commission shall cooperate with the Records
29-5 Management Interagency Coordinating Council and the General
29-6 Services Commission to establish a single method of categorizing
29-7 information about health and human services to be used by the
29-8 Records Management Interagency Coordinating Council and the Texas
29-9 Information and Referral Network. The network, in cooperation with
29-10 the council and the General Services Commission, shall ensure that:
29-11 (1) information relating to health and human services
29-12 is included in each residential telephone directory published by a
29-13 for-profit publisher and distributed to the public at minimal or no
29-14 cost; and
29-15 (2) the single method of categorizing information
29-16 about health and human services is used in a residential telephone
29-17 directory described by Subdivision (1).
29-18 (c) A health and human services agency shall provide the
29-19 Texas Information and Referral Network and the Records Management
29-20 Interagency Coordinating Council with information about the health
29-21 and human services provided by the agency for inclusion in the
29-22 statewide information and referral network, residential telephone
29-23 directories described by Subsection (b), and any other materials
29-24 produced under the direction of the network or the council. The
29-25 agency shall provide the information in the format required by the
29-26 Texas Information and Referral Network or the Records Management
29-27 Interagency Coordinating Council and shall update the information
30-1 at least quarterly or as required by the network or the council.
30-2 SECTION 3.06. Section 531.034, Government Code, is amended
30-3 by amending Subsection (b) and adding Subsection (d) to read as
30-4 follows:
30-5 (b) The commission shall review agency rules:
30-6 (1) for compliance with:
30-7 (A) [(1)] the coordinated strategic plan;
30-8 (B) [(2)] existing statutory authority;
30-9 (C) [(3)] rules of other health and human
30-10 services agencies; and
30-11 (D) [(4)] budgetary implications; and
30-12 (2) to ensure that the rules do not:
30-13 (A) discourage marriage; or
30-14 (B) encourage divorce.
30-15 (d) The commission shall adopt rules to establish criteria
30-16 for determining, as required by Subsection (b), whether an agency
30-17 rule discourages marriage or encourages divorce.
30-18 SECTION 3.07. Not later than January 1, 2000, the Health and
30-19 Human Services Commission shall adopt the rules required by Section
30-20 531.034(d), Government Code, as added by this article.
30-21 SECTION 3.08. Section 441.053(j), Government Code, is
30-22 redesignated as Subsection (j) of Section 441.203, Government Code,
30-23 as added by Chapter 873, Acts of the 75th Legislature, Regular
30-24 Session, 1997, and is amended to read as follows:
30-25 (j) The council shall categorize state agency programs and
30-26 telephone numbers by subject matter as well as by agency. The
30-27 council shall cooperate with the Texas Information and Referral
31-1 Network under Section 531.0312 to ensure that the council and the
31-2 network use a single method of defining and organizing information
31-3 about health and human services. State agencies shall cooperate
31-4 with the council by providing the council with the information it
31-5 needs to perform this function.
31-6 SECTION 3.09. Section 9.12, Chapter 655, Acts of the 74th
31-7 Legislature, Regular Session, 1995, as amended by Section 1,
31-8 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
31-9 is redesignated as Subchapter F, Chapter 531, Government Code, and
31-10 amended to read as follows:
31-11 SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
31-12 Sec. 531.191 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
31-13 (a) The commission [In consultation and coordination with the
31-14 Texas Integrated Enrollment Services Legislative Oversight
31-15 Committee established under Section 531.202, Government Code, the
31-16 Health and Human Services Commission], subject to the approval of
31-17 the governor and the Legislative Budget Board, shall develop and
31-18 implement a plan for the integration of services and functions
31-19 relating to eligibility determination and service delivery by
31-20 health and human services agencies, the Texas Workforce Commission,
31-21 and other agencies. The plan must include a reengineering of
31-22 eligibility determination business processes, streamlined service
31-23 delivery, a unified and integrated process for the transition from
31-24 welfare to work, and improved access to benefits and services for
31-25 clients. In developing and implementing the plan, the commission
31-26 [Health and Human Services Commission]:
31-27 (1) shall give priority to the design and development
32-1 of computer hardware and software for and provide technical support
32-2 relating to the integrated eligibility determination system;
32-3 (2) shall consult with agencies whose programs are
32-4 included in the plan, including the Texas Department of Human
32-5 Services, the Texas Department of Health, and the Texas Workforce
32-6 Commission;
32-7 (3) may contract for appropriate professional and
32-8 technical assistance; and
32-9 (4) may use the staff and resources of agencies whose
32-10 programs are included in the plan.
32-11 (b) The integrated eligibility determination and service
32-12 delivery system shall be developed and implemented to achieve
32-13 increased quality of and client access to services and savings in
32-14 the cost of providing administrative and other services and staff
32-15 resulting from streamlining and eliminating duplication of
32-16 services. The commission, subject to any spending limitation
32-17 prescribed in the General Appropriations Act, may use the resulting
32-18 savings to further develop the integrated system and to provide
32-19 other health and human services.
32-20 (c) The commission shall examine cost-effective methods to
32-21 address:
32-22 (1) fraud in the assistance programs; and
32-23 (2) the error rate in eligibility determination.
32-24 (d) On receipt by the state of any necessary federal
32-25 approval and subject to the approval of the governor and the
32-26 Legislative Budget Board, the commission may contract for
32-27 implementation of all or part of the plan required by Subsection
33-1 (a) [of this section] if the commission determines that contracting
33-2 may advance the objectives of Subsections (a) and (b) [of this
33-3 section] and meets the criteria set out in the cost-benefit
33-4 analysis described in this subsection. Before the awarding of a
33-5 contract, the commission shall provide a detailed cost-benefit
33-6 analysis to the governor and[,] the Legislative Budget Board[, and
33-7 the Texas Integrated Enrollment Services Legislative Oversight
33-8 Committee established under Section 531.202, Government Code]. The
33-9 analysis must demonstrate the cost-effectiveness of the plan,
33-10 mechanisms for monitoring performance under the plan, and specific
33-11 improvements to the service delivery system and client access made
33-12 by the plan. The commission shall make the analysis available to
33-13 the public. Within 10 days after the release of a request for bids,
33-14 proposals, offers, or other applicable expressions of interest
33-15 relating to the development or implementation of the plan required
33-16 by Subsection (a) [of this section], the commission shall hold a
33-17 public hearing and receive public comment on the request. [The
33-18 commission may coordinate with a legislative committee to hold the
33-19 hearings.]
33-20 (e) [Not later than October 1, 1996, the commission shall
33-21 develop a plan to consolidate administrative and service delivery
33-22 functions in addition to the integrated eligibility determination
33-23 and service delivery system in order to minimize duplication. The
33-24 commission shall prepare a report of the plan for submission to the
33-25 governor, the lieutenant governor, the speaker of the house of
33-26 representatives, the comptroller, and the 75th Legislature when it
33-27 convenes.]
34-1 [(f)] If requested by the commission [Health and Human
34-2 Services Commission], the agencies whose programs are included in
34-3 the plan required by Subsection (a) [of this section] shall
34-4 cooperate with the commission to provide available staff and
34-5 resources that will be subject to the direction of the commission.
34-6 (f) [(g)] The design, development, and operation of an
34-7 automated data processing system to support the plan required by
34-8 Subsection (a) [of this section] may be financed through the
34-9 issuance of bonds or other obligations under the Texas Public
34-10 Finance Authority Act (Article 601d, Vernon's Texas Civil
34-11 Statutes).
34-12 Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT
34-13 COMMITTEE. (a) The commission shall develop and implement the
34-14 plan required by Section 531.191 in consultation and coordination
34-15 with the Texas Integrated Enrollment Services Legislative Oversight
34-16 Committee established by Section 531.202.
34-17 (b) Before awarding a contract under Section 531.191(d), the
34-18 commission shall provide the detailed cost-benefit analysis
34-19 described by that subsection to the legislative oversight
34-20 committee. The commission may coordinate with the the legislative
34-21 oversight committee to hold any hearing required under Section
34-22 531.191(d).
34-23 (c) This section expires September 1, 2002.
34-24 SECTION 3.10. Subchapter D, Chapter 531, Government Code, as
34-25 added by Chapter 1116, Acts of the 75th Legislature, Regular
34-26 Session, 1997, is redesignated as Subchapter G, Chapter 531,
34-27 Government Code, and the subchapter heading is amended to read as
35-1 follows:
35-2 SUBCHAPTER G [D]. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED
35-3 ENROLLMENT SERVICES
35-4 SECTION 3.11. Section 531.203(a), Government Code, is
35-5 amended to read as follows:
35-6 (a) The committee shall:
35-7 (1) meet at the call of the presiding officer;
35-8 (2) receive information about rules proposed or
35-9 adopted by the commission;
35-10 (3) review specific recommendations for legislation
35-11 proposed by the commission; and
35-12 (4) hold public hearings concerning the development
35-13 and implementation of the plan required by Subchapter F [Section
35-14 9.12(a), Chapter 655, Acts of the 74th Legislature, Regular
35-15 Session, 1995,] in at least four geographically diverse locations
35-16 in the state.
35-17 SECTION 3.12. Section 2155.144, Government Code, as added by
35-18 Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,
35-19 is amended to read as follows:
35-20 Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES
35-21 AGENCIES. (a) This section applies only to the Health and Human
35-22 Services Commission and to each health and human services agency.
35-23 (b) An agency to which this section applies is delegated the
35-24 authority to procure its goods and services, except as provided by
35-25 this section.
35-26 (c) An agency to which this section applies shall acquire
35-27 goods or services by any procurement method approved by the Health
36-1 and Human Services Commission that provides the best value to the
36-2 agency. The agency shall document that it considered all relevant
36-3 factors under Subsection (d) in making the acquisition.
36-4 (d) Subject to Subsection (e), the agency may consider all
36-5 relevant factors in determining the best value, including:
36-6 (1) any installation costs;
36-7 (2) the delivery terms;
36-8 (3) the quality and reliability of the vendor's goods
36-9 or services;
36-10 (4) the extent to which the goods or services meet the
36-11 agency's needs;
36-12 (5) indicators of probable vendor performance under
36-13 the contract such as past vendor performance, the vendor's
36-14 financial resources and ability to perform, the vendor's experience
36-15 and responsibility, and the vendor's ability to provide reliable
36-16 maintenance agreements;
36-17 (6) the impact on the ability of the agency to comply
36-18 with laws and rules relating to historically underutilized
36-19 businesses or relating to the procurement of goods and services
36-20 from persons with disabilities;
36-21 (7) the total long-term cost to the agency of
36-22 acquiring the vendor's goods or services;
36-23 (8) the cost of any employee training associated with
36-24 the acquisition;
36-25 (9) the effect of an acquisition on agency
36-26 productivity;
36-27 (10) the acquisition price; and
37-1 (11) any other factor relevant to determining the best
37-2 value for the agency in the context of a particular acquisition.
37-3 (e) If an agency to which this section applies acquires
37-4 goods or services with a value that exceeds $100,000, the agency
37-5 shall notify the state auditor and shall consult with and receive
37-6 approval from the Health and Human Services Commission before
37-7 considering factors other than price and meeting specifications.
37-8 (f) The state auditor may audit the agency's acquisitions of
37-9 goods and services before or after a warrant is issued to pay for
37-10 an acquisition.
37-11 (g) The agency may adopt rules and procedures for the
37-12 acquisition of goods and services under this section.
37-13 (h) The Health and Human Services Commission shall adopt
37-14 rules and procedures for the acquisition of goods and services
37-15 under this section that apply to all health and human services
37-16 agencies, including rules adopted with the commission's assistance
37-17 that allow an agency to make purchases through a group purchasing
37-18 program except when a better value is available through another
37-19 procurement method. The rules of the health and human services
37-20 agencies must be consistent with the rules of the Health and Human
37-21 Services Commission.
37-22 (i) Subject to Section 531.0055(c), the Health and Human
37-23 Services Commission shall develop a single statewide risk analysis
37-24 procedure. Each health and human services agency shall comply with
37-25 the procedure. The procedure must provide for:
37-26 (1) assessing the risk of fraud, abuse, or waste in
37-27 health and human services agencies contractor selection processes,
38-1 contract provisions, and payment and reimbursement rates and
38-2 methods for the different types of goods and services for which
38-3 health and human services agencies contract;
38-4 (2) identifying contracts that require enhanced
38-5 contract monitoring; and
38-6 (3) coordinating contract monitoring efforts among
38-7 health and human services agencies.
38-8 (j) Subject to Section 531.0055(c), the Health and Human
38-9 Services Commission shall publish a contract management handbook
38-10 that establishes consistent contracting policies and practices to
38-11 be followed by health and human services agencies. The handbook
38-12 may include standard contract provisions and formats for health and
38-13 human services agencies to incorporate as applicable in their
38-14 contracts.
38-15 (k) Subject to Section 531.0055(c), the Health and Human
38-16 Services Commission, in cooperation with the comptroller, shall
38-17 establish a central contract management database that identifies
38-18 each contract made with a health and human services agency. The
38-19 commission may use the database to monitor health and human
38-20 services agency contracts, and health and human services agencies
38-21 may use the database in contracting. A state agency shall send to
38-22 the commission in the manner prescribed by the commission the
38-23 information the agency possesses that the commission requires for
38-24 inclusion in the database.
38-25 (l) The Health and Human Services Commission shall
38-26 coordinate the procurement practices of all health and human
38-27 services agencies and encourage those agencies to use efficient
39-1 procurement practices such as the use of a group purchasing
39-2 program, combining maintenance contracts into one contract, and
39-3 obtaining prompt payment discounts. In implementing this duty, the
39-4 Health and Human Services Commission may review the procurement and
39-5 rate-setting procedures of each health and human services agency to
39-6 ensure that amounts paid to contractors are consistent and
39-7 represent the best value for the state. The Health and Human
39-8 Services Commission may disapprove a procurement and rate-setting
39-9 procedure of a health and human services agency. A health and
39-10 human services agency may not use a procurement or rate-setting
39-11 procedure that has been disapproved by the commission. The Health
39-12 and Human Services Commission may transfer the procurement
39-13 functions of a health and human services agency to another
39-14 appropriate state agency if it determines that transferring those
39-15 functions would be advantageous to the state. Other state agencies
39-16 and institutions with experience in acquiring goods and services
39-17 using the procedures allowed under Subsections (c) and (d) shall on
39-18 request assist the Health and Human Services Commission to perform
39-19 its functions under this section.
39-20 (m) Subject to Section 531.0055(c), the Health and Human
39-21 Services Commission shall develop and implement a statewide plan to
39-22 ensure that each entity that contracts with a health and human
39-23 services agency and any subcontractor of the entity complies with
39-24 the accessibility requirements of the Americans with Disabilities
39-25 Act of 1990 (42 U.S.C. Section 12101 et seq.).
39-26 (n) [(j)] To the extent of any conflict, this section
39-27 prevails over any other state law relating to the procurement of
40-1 goods and services except a law relating to contracting with
40-2 historically underutilized businesses or relating to the
40-3 procurement of goods and services from persons with disabilities.
40-4 (o) The Health and Human Services Commission shall prepare
40-5 an annual report that assesses the compliance of each health and
40-6 human services agency with the requirements imposed under this
40-7 section and that identifies any material risk to the state or to
40-8 the clients of the health and human services agency that results
40-9 from the agency's procurement and contracting practices. The
40-10 commission may request the assistance of the state auditor in
40-11 preparing the report. The state auditor shall conduct reviews as
40-12 necessary to assess compliance under this subsection as determined
40-13 by the Legislative Audit Committee. The commission shall file the
40-14 report with the governor, the lieutenant governor, and the speaker
40-15 of the house of representatives not later than December 15 of each
40-16 year.
40-17 (p) [(k)] In this section, "health and human services
40-18 agency" has the meaning assigned by Section 531.001.
40-19 SECTION 3.13. Section 2167.004, Government Code, is amended
40-20 to read as follows:
40-21 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
40-22 AGENCIES. (a) Notwithstanding any other provision of this chapter
40-23 or of Subchapter C, Chapter 2165, the commission may not lease
40-24 office space to serve the needs of any health and human services
40-25 agency unless the Health and Human Services Commission has approved
40-26 the office space for the agency.
40-27 (b) The commission may not enter into an emergency lease to
41-1 serve the needs of a health and human services agency unless the
41-2 emergency lease is entered into under criteria adopted by the
41-3 Health and Human Services Commission in consultation with the
41-4 commission. The criteria must:
41-5 (1) encourage advance planning by the health and human
41-6 services agency to facilitate regional management of health and
41-7 human services agencies by the Health and Human Services Commission
41-8 under Section 531.0246; and
41-9 (2) ensure that the circumstances that require an
41-10 emergency lease are outside of the control of the agency and that
41-11 the agency could not reasonably have been expected to foresee the
41-12 circumstances.
41-13 (c) In this section, "health and human services agency" has
41-14 the meaning assigned by Section 531.001 [means the:]
41-15 [(1) Interagency Council on Early Childhood
41-16 Intervention Services;]
41-17 [(2) Texas Department on Aging;]
41-18 [(3) Texas Commission on Alcohol and Drug Abuse;]
41-19 [(4) Texas Commission for the Blind;]
41-20 [(5) Texas Commission for the Deaf and Hearing
41-21 Impaired;]
41-22 [(6) Texas Department of Health;]
41-23 [(7) Texas Department of Human Services;]
41-24 [(8) Texas Juvenile Probation Commission;]
41-25 [(9) Texas Department of Mental Health and Mental
41-26 Retardation;]
41-27 [(10) Texas Rehabilitation Commission; or]
42-1 [(11) Department of Protective and Regulatory
42-2 Services].
42-3 SECTION 3.14. (a) Not later than December 15, 2000, the
42-4 Health and Human Services Commission shall submit a report relating
42-5 to the delivery of mental health and substance abuse services in
42-6 this state to the governor, the lieutenant governor, the speaker of
42-7 the house of representatives, and the presiding officer of the
42-8 Health and Human Services Legislative Oversight Committee. The
42-9 report must include:
42-10 (1) a comprehensive inventory of all mental health and
42-11 substance abuse services provided by state agencies;
42-12 (2) the populations to which the services are
42-13 provided;
42-14 (3) the amount of state resources expended on the
42-15 services;
42-16 (4) a comprehensive description of interagency
42-17 coordination and collaborative initiatives related to those
42-18 services; and
42-19 (5) an assessment of whether any of those services are
42-20 redundant of other services provided by state agencies.
42-21 (b) A health and human services agency or any other state
42-22 agency that provides mental health or substance abuse services
42-23 shall provide the Health and Human Services Commission any
42-24 information, other than confidential information, requested by the
42-25 commission relating to mental health and substance abuse services
42-26 provided by the agency.
42-27 (c) This section expires December 31, 2000.
43-1 SECTION 3.15. (a) Not later than December 15, 2000, the
43-2 Health and Human Services Commission shall submit a report relating
43-3 to regulatory programs conducted by the Texas Department of Health
43-4 to the governor, the lieutenant governor, the speaker of the house
43-5 of representatives, and the presiding officer of the Health and
43-6 Human Services Legislative Oversight Committee. In preparing the
43-7 report, the commission must consider whether:
43-8 (1) health-related regulatory programs conducted by
43-9 the Texas Department of Health should be consolidated or
43-10 restructured;
43-11 (2) a new agency, similar to the Texas Department of
43-12 Licensing and Regulation, should be established to administer all
43-13 or some of the health-related regulatory programs;
43-14 (3) a new agency should be established to administer
43-15 regulatory programs related to health-related professions;
43-16 (4) a new agency should be established to regulate
43-17 health-related facilities;
43-18 (5) the duties of the Health Professions Council
43-19 should be expanded to encompass all or some of the health-related
43-20 regulatory programs; or
43-21 (6) health-related regulatory programs administered by
43-22 the Texas Department of Health should continue to be administered
43-23 by the department without consolidation or restructuring.
43-24 (b) This section expires December 31, 2000.
43-25 SECTION 3.16. (a) The Health and Human Services Commission
43-26 shall:
43-27 (1) assess the benefits of consolidating support
44-1 services provided to health and human services agencies in agency
44-2 headquarters and in regional offices; and
44-3 (2) develop a proposed plan and schedule for
44-4 colocating offices and consolidating support services in accordance
44-5 with Section 531.0246, Government Code, as added by this Act.
44-6 (b) Not later than September 1, 2000, the Health and Human
44-7 Services Commission shall report the results of the assessment,
44-8 together with the proposed plan and schedule, to the governor, the
44-9 lieutenant governor, the speaker of the house of representatives,
44-10 and the presiding officer of the Health and Human Services
44-11 Legislative Oversight Committee.
44-12 SECTION 3.17. The Health and Human Services Commission, the
44-13 General Services Commission, and the Records Management Interagency
44-14 Coordinating Council shall ensure that information about health
44-15 and human services presented in the format required by Section
44-16 531.0312, Government Code, as amended by this Act, is available for
44-17 publication in residential telephone directories to be distributed
44-18 to the public after December 1, 2000. Not later than December 31,
44-19 2000, the Health and Human Services Commission, the General
44-20 Services Commission, and the Records Management Interagency
44-21 Coordinating Council shall each report to the governor, the
44-22 lieutenant governor, the speaker of the house of representatives,
44-23 and the presiding officer of the Health and Human Services
44-24 Legislative Oversight Committee with respect to the implementation
44-25 of this section.
44-26 SECTION 3.18. Notwithstanding Section 2155.144(o),
44-27 Government Code, as added by this article, the state auditor shall
45-1 conduct initial reviews as necessary to assess compliance under
45-2 that subsection and complete those reviews not later than September
45-3 1, 2001.
45-4 ARTICLE 4. INVESTIGATIONS OF ABUSE AND NEGLECT
45-5 SECTION 4.01. Subchapter B, Chapter 531, Government Code, is
45-6 amended by adding Section 531.053 to read as follows:
45-7 Sec. 531.053. INVESTIGATIONS OF ABUSE AND NEGLECT; UNIFORM
45-8 USE OF TERMS. (a) Each health and human services agency that may
45-9 be required to conduct an investigation of abuse, neglect, or
45-10 exploitation of a client of the agency at a facility operated by or
45-11 under contract with the agency shall use uniform definitions of
45-12 "abuse," "neglect," and "exploitation" adopted by the commission
45-13 under this section.
45-14 (b) The definitions of "abuse," "neglect," and
45-15 "exploitation" adopted under this section must be at least as
45-16 stringent as any definition that would otherwise be applicable to
45-17 the investigation under law.
45-18 SECTION 4.02. Section 261.401, Family Code, is amended to
45-19 read as follows:
45-20 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency
45-21 that operates, licenses, certifies, or registers a facility in
45-22 which children are located shall make a prompt, thorough
45-23 investigation of a report that a child has been or may be abused,
45-24 [or] neglected, or exploited in the facility. The primary purpose
45-25 of the investigation shall be the protection of the child.
45-26 (b) For purposes of an investigation conducted under this
45-27 section, "abuse," "neglect," and "exploitation" have the meanings
46-1 assigned by rules of the Health and Human Services Commission under
46-2 Section 531.053, Government Code. The meanings assigned to "abuse"
46-3 and "neglect" by Section 261.001 do not apply to an investigation
46-4 under this section.
46-5 (c) A state agency shall adopt rules relating to the
46-6 investigation and resolution of reports received as provided by
46-7 this subchapter. The Health and Human Services Commission shall
46-8 review and approve the rules to ensure that all agencies implement
46-9 appropriate standards for the conduct of investigations and that
46-10 uniformity exists among agencies in the investigation and
46-11 resolution of reports.
46-12 SECTION 4.03. Section 48.081, Human Resources Code, is
46-13 amended to read as follows:
46-14 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
46-15 IN COMMUNITY CENTERS. (a) The department shall receive and
46-16 investigate reports of the abuse, neglect, or exploitation of an
46-17 individual:
46-18 (1) receiving services in a facility operated by the
46-19 Texas Department of Mental Health and Mental Retardation; or
46-20 (2) being provided services through a program under
46-21 contract with a facility operated by the Texas Department of Mental
46-22 Health and Mental Retardation.
46-23 (b) The department and the Texas Department of Mental Health
46-24 and Mental Retardation shall develop joint rules to facilitate
46-25 investigations in state mental health and mental retardation
46-26 facilities.
46-27 (c) The department shall receive and investigate a report of
47-1 the alleged abuse, neglect, or exploitation of an individual
47-2 receiving services in a community center or from a program
47-3 providing services under contract with a community center.
47-4 (d) The department shall forward to a state mental health or
47-5 mental retardation facility, a community center, or a program
47-6 providing mental health or mental retardation services under
47-7 contract with such a facility or community center:
47-8 (1) a copy of any report the department receives
47-9 relating to alleged or suspected abuse, neglect, or exploitation of
47-10 an individual receiving services from that facility, community
47-11 center, or program; and
47-12 (2) a copy of the department's investigation findings
47-13 and report.
47-14 (e) The department and the Texas Department of Mental Health
47-15 and Mental Retardation by joint rules shall establish procedures
47-16 for resolving disagreements between the department and the Texas
47-17 Department of Mental Health and Mental Retardation concerning the
47-18 department's investigation findings. A confirmed investigation
47-19 finding by the department may not be changed by a superintendent of
47-20 a state mental health or mental retardation facility or a director
47-21 of a community center.
47-22 (f) After completion of the appeals process, the department
47-23 shall refer a complaint relating to an investigation conducted by
47-24 the department under this section to the department's ombudsman
47-25 office for appropriate action.
47-26 (g) If the department's investigation under this section
47-27 reveals that an elderly or disabled person has been abused by
48-1 another person in a manner that constitutes a criminal offense
48-2 under any law, including Section 22.04, Penal Code, a copy of the
48-3 investigation shall be submitted to the appropriate law enforcement
48-4 agency.
48-5 (h) The department by rule may assign priorities to an
48-6 investigation conducted by the department under this section. The
48-7 primary criterion used by the department in assigning a priority
48-8 must be the risk that a delay in the investigation will impede the
48-9 collection of evidence.
48-10 (i) The department and the Texas Department of Mental Health
48-11 and Mental Retardation shall jointly develop and implement a single
48-12 system to track reports and investigations under this section. To
48-13 facilitate implementation of the system, the department and the
48-14 Texas Department of Mental Health and Mental Retardation shall use
48-15 appropriate methods of measuring the number and outcome of reports
48-16 and investigations under this section.
48-17 (j) For purposes of an investigation conducted under this
48-18 section, "abuse," "neglect," and "exploitation" have the meanings
48-19 assigned by rule of the Health and Human Services Commission under
48-20 Section 531.053, Government Code.
48-21 (k) In this section, "community center" has the meaning
48-22 assigned by Section 531.002, Health and Safety Code.
48-23 SECTION 4.04. (a) To implement Section 531.053, Government
48-24 Code, as added by this Act, the Health and Human Services
48-25 Commission shall identify each health and human services agency
48-26 that may be required to conduct an investigation described by that
48-27 section and shall convene a working group of representatives of
49-1 those agencies. The working group shall develop proposed
49-2 definitions of "abuse," "neglect," and "exploitation" for purposes
49-3 of those investigations not later than June 1, 2000.
49-4 (b) The Health and Human Services Commission shall by rule
49-5 adopt uniform definitions of "abuse," "neglect," and "exploitation"
49-6 not later than August 1, 2000.
49-7 (c) A health and human services agency is not required to
49-8 use the uniform definitions adopted under this section before
49-9 September 1, 2000.
49-10 ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
49-11 SECTION 5.01. Sections 531.122(b) and (d), Government Code,
49-12 are amended to read as follows:
49-13 (b) The advisory board is composed of one representative
49-14 from each of the health and human services regions, as defined by
49-15 the commission, three public representatives, and one
49-16 representative of the Department of Protective and Regulatory
49-17 Services. The representatives of the health and human services
49-18 regions are appointed by a majority vote of the judges of the
49-19 statutory probate courts in each region. If a health and human
49-20 services region does not contain a statutory probate court, the
49-21 representative shall be appointed by a majority vote of the judges
49-22 of the statutory probate courts in the state. The public
49-23 representatives are appointed by the commissioner and the
49-24 representative of the Department of Protective and Regulatory
49-25 Services is appointed by the Board of Protective and Regulatory
49-26 Services.
49-27 (d) A member of the advisory board serves at the pleasure of
50-1 a majority of the judges of the statutory probate courts that
50-2 appointed the member, of the commissioner, or of the Board of
50-3 Protective and Regulatory Services, as appropriate.
50-4 SECTION 5.02. Subchapter D, Chapter 531, Government Code, as
50-5 added by Chapter 1033, Acts of the 75th Legislature, Regular
50-6 Session, 1997, is amended by adding Section 531.1235 to read as
50-7 follows:
50-8 Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE
50-9 GUARDIANSHIP SYSTEM. (a) In addition to performing the duties
50-10 described by Section 531.122, the advisory board shall:
50-11 (1) advise the commission and the Department of
50-12 Protective and Regulatory Services with respect to a statewide
50-13 guardianship program and develop a proposal for a statewide
50-14 guardianship program; and
50-15 (2) review and comment on the guardianship policies of
50-16 all health and human services agencies and recommend changes to the
50-17 policies the advisory board considers necessary or advisable.
50-18 (b) The advisory board shall prepare an annual report with
50-19 respect to the recommendations of the advisory board under
50-20 Subsection (a). The advisory board shall file the report with the
50-21 commission, the Department of Protective and Regulatory Services,
50-22 the governor, the lieutenant governor, and the speaker of the house
50-23 of representatives not later than December 15 of each year.
50-24 SECTION 5.03. Section 531.124, Government Code, is amended
50-25 by adding Subsection (c) to read as follows:
50-26 (c) The advisory board shall annually review and comment on
50-27 the minimum standards adopted under Subsection (a)(1) and the plan
51-1 implemented under Subsection (a)(2) and shall include its
51-2 conclusions in the report submitted under Section 531.1235.
51-3 SECTION 5.04. Not later than October 1, 1999, the Board of
51-4 Protective and Regulatory Services shall appoint the additional
51-5 members of the Guardianship Advisory Board, as required by Section
51-6 531.122, Government Code, as amended by this Act.
51-7 ARTICLE 6. HEALTH AND HUMAN SERVICES OFFICE
51-8 OF COMMUNITY TRANSPORTATION SERVICES
51-9 SECTION 6.01. Chapter 131, Human Resources Code, is amended
51-10 to read as follows:
51-11 CHAPTER 131. HEALTH AND HUMAN SERVICES OFFICE OF COMMUNITY
51-12 TRANSPORTATION SERVICES [AND PLANNING OFFICE]
51-13 Sec. 131.001. OFFICE. The Health and Human Services
51-14 [Transportation and Planning] Office of Community Transportation
51-15 Services is in the Health and Human Services Commission.
51-16 Sec. 131.002. DEFINITIONS. In this chapter:
51-17 (1) "Commissioner" means the commissioner of health
51-18 and human services.
51-19 (2) "Health and human services agency" has the meaning
51-20 assigned by Section 531.001, Government Code.
51-21 (3) "Office" means the Health and Human Services
51-22 Office of Community Transportation Services.
51-23 Sec. 131.003. POWERS AND DUTIES. (a) The office, with
51-24 assistance from the commissioner, shall:
51-25 (1) collect data on health and human services client
51-26 transportation needs, services, and expenditures;
51-27 (2) create a statewide coordination plan regarding a
52-1 system of transportation for clients of health and human services
52-2 agencies that provides for coordinated, community-based services,
52-3 including the designation of local transportation coordinators;
52-4 (3) establish a standardized system [standards] of
52-5 reporting and accounting to be used by [methods for] all health and
52-6 human services agencies providing [health and human services]
52-7 client transportation, and ensure that information reported under
52-8 that system is available through the Texas Information and Referral
52-9 Network;
52-10 (4) maximize federal funds for client transportation
52-11 through the use of available state funds for matching purposes and
52-12 the possible use of oil overcharge money and planning funds
52-13 available through the federal department of transportation;
52-14 (5) evaluate the effectiveness of pooling client
52-15 transportation resources for capital acquisition and the joint
52-16 purchase of liability insurance;
52-17 (6) assist state agencies in coordinating
52-18 transportation resources;
52-19 (7) ensure coordination between the office and the
52-20 Texas Department of Transportation with regard to the use of funds
52-21 received by the department under 49 U.S.C. Section 1612(b)(1);
52-22 (8) examine the feasibility of consolidating all
52-23 funding for health and human services client transportation and
52-24 creating a transportation system through which clients of a state
52-25 or local agency or program could be matched with the most
52-26 cost-effective and appropriate transportation services for their
52-27 needs, including, to the extent practicable, use of private,
53-1 nonprofit entities that provide services at little or no cost
53-2 beyond reimbursement for insurance, fuel, mileage, or other
53-3 expenses that might deter the entities from otherwise providing
53-4 services;
53-5 (9) evaluate the use of existing computer software for
53-6 use at the local level in client transportation services; and
53-7 (10) review the feasibility of taking medical care to
53-8 those in need, including the use of mobile clinics, and review the
53-9 possibility of using federal highway funds for those transportation
53-10 needs.
53-11 (b) The office [Health and Human Services Transportation and
53-12 Planning Office] shall coordinate with the Health and Human
53-13 Services Commission and health and human services agencies in
53-14 implementing the goals listed in Section 531.022(c), Government
53-15 Code [10(b), Article 4413(502), Revised Statutes]. The office
53-16 shall report its findings and proposals to the governor, the
53-17 Legislative Budget Board, the secretary of state, and the
53-18 commissioner [of health and human services] not later than
53-19 September 1 of each even-numbered year.
53-20 Sec. 131.004 [131.003]. OFFICE STAFF. The commissioner [of
53-21 health and human services] shall employ staff needed to carry out
53-22 the duties of the office.
53-23 Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
53-24 and human services agency that provides, purchases, or otherwise
53-25 funds transportation services for clients shall:
53-26 (1) comply with the standardized system of reporting
53-27 and accounting established by the office under Section
54-1 131.003(a)(3);
54-2 (2) make any changes to agency data collection systems
54-3 that are necessary to enable the agency to comply with the
54-4 standardized system; and
54-5 (3) not later than August 31 of each year, submit to
54-6 the office a report relating to transportation services that
54-7 complies with the standardized system.
54-8 Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION PLAN.
54-9 In order to implement the statewide coordination plan created by
54-10 the office under Section 131.003(a)(2), the office shall:
54-11 (1) review rules, policies, contracts, grants, and
54-12 funding mechanisms relating to transportation services of each
54-13 health and human services agency that provides, purchases, or
54-14 otherwise funds transportation services for clients to determine
54-15 whether the rules, policies, contracts, grants, and funding
54-16 mechanisms are consistent with the plan;
54-17 (2) make recommendations for revisions to rules,
54-18 policies, contracts, grants, and funding mechanisms determined
54-19 under Subdivision (1) to be inconsistent with the plan; and
54-20 (3) not later than September 30 of each even-numbered
54-21 year, submit a report by electronic mail and by hand delivery to
54-22 the governor, the secretary of state, the Legislative Budget
54-23 Board, and the commissioner relating to the results of the review
54-24 conducted by the office under this section.
54-25 Sec. 131.007. ADVISORY COMMITTEE ON COORDINATED
54-26 TRANSPORTATION. The office may create an advisory committee
54-27 consisting of representatives of state agencies, transportation
55-1 agencies, and nonprofit consumer groups.
55-2 Sec. 131.008. MEMORANDUM OF UNDERSTANDING. (a) The Health
55-3 and Human Services Commission and the Texas Department of
55-4 Transportation shall enter into a memorandum of understanding
55-5 relating to functions performed by each agency that relate to the
55-6 duties of the office.
55-7 (b) The agencies shall include provisions in the memorandum
55-8 of understanding necessary to ensure that the agencies do not have
55-9 duplicative authority, responsibilities, or activities in the area
55-10 of transportation services for clients of health and human services
55-11 agencies. Specifically, the memorandum of understanding must
55-12 include the following provisions:
55-13 (1) an acknowledgement that the data collection and
55-14 analysis activities of the office and the Health and Human Services
55-15 Commission are comprehensive in scope, with the goal of developing
55-16 a statewide coordination plan for the provision of transportation
55-17 services for clients of health and human services agencies;
55-18 (2) an acknowledgement that the data collection and
55-19 analysis activities of the Texas Department of Transportation are
55-20 focused on providing more accurate social service contracting
55-21 information to transit providers;
55-22 (3) a requirement that the Texas Department of
55-23 Transportation collect information about transportation service
55-24 funding from local social service providers and make the database
55-25 with that information available to the Health and Human Services
55-26 Commission; and
55-27 (4) a requirement that the Health and Human Services
56-1 Commission:
56-2 (A) develop standardized reporting methods for
56-3 health and human services agencies and social service providers to
56-4 use when reporting information about transportation services,
56-5 funding, contracting, and all other information needed to develop a
56-6 statewide coordination plan for transportation services; and
56-7 (B) make the information collected under
56-8 Paragraph (A) available to the Texas Department of Transportation.
56-9 SECTION 6.02. Not later than January 1, 2001, the Health and
56-10 Human Services Office of Community Transportation Services and the
56-11 Commissioner of Health and Human Services shall create the
56-12 statewide coordination plan required by Section 131.003(a)(2),
56-13 Human Resources Code, as amended by this article.
56-14 ARTICLE 7. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
56-15 SECTION 7.01. Subchapter B, Chapter 481, Government Code, is
56-16 amended by adding Section 481.025 to read as follows:
56-17 Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY
56-18 PROGRAM. The department is the agency of this state responsible
56-19 for administering the Empowerment Zone and Enterprise Community
56-20 grant program in this state. The department shall cooperate with
56-21 appropriate federal and local agencies as necessary to administer
56-22 the grant program.
56-23 SECTION 7.02. Effective September 1, 1999, administration of
56-24 the Empowerment Zone and Enterprise Community grant program in this
56-25 state is transferred from the Health and Human Services Commission
56-26 to the Texas Department of Economic Development. The commissioner
56-27 of health and human services and the governing board of the Texas
57-1 Department of Economic Development shall enter into a memorandum of
57-2 understanding as necessary to implement the transfer required by
57-3 this section.
57-4 ARTICLE 8. HEALTH CARE INFORMATION COUNCIL
57-5 SECTION 8.01. Section 531.001(4), Government Code, is
57-6 amended to read as follows:
57-7 (4) "Health and human services agencies" includes the:
57-8 (A) Interagency Council on Early Childhood
57-9 Intervention [Services];
57-10 (B) Texas Department on Aging;
57-11 (C) Texas Commission on Alcohol and Drug Abuse;
57-12 (D) Texas Commission for the Blind;
57-13 (E) Texas Commission for the Deaf and Hard of
57-14 Hearing;
57-15 (F) Texas Department of Health;
57-16 (G) Texas Department of Human Services;
57-17 (H) Texas Juvenile Probation Commission;
57-18 (I) Texas Department of Mental Health and Mental
57-19 Retardation;
57-20 (J) Texas Rehabilitation Commission; [and]
57-21 (K) Department of Protective and Regulatory
57-22 Services; and
57-23 (L) Texas Health Care Information Council.
57-24 SECTION 8.02. Section 108.002(4), Health and Safety Code, is
57-25 amended to read as follows:
57-26 (4) "Data" means information collected under Section
57-27 108.0065 or 108.009 in the form initially received.
58-1 SECTION 8.03. Chapter 108, Health and Safety Code, is
58-2 amended by adding Section 108.0065 to read as follows:
58-3 Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO
58-4 MEDICAID MANAGED CARE. (a) In this section:
58-5 (1) "Commission" means the Health and Human Services
58-6 Commission.
58-7 (2) "Medicaid managed care organization" means a
58-8 managed care organization, as defined by Section 533.001,
58-9 Government Code, that is contracting with the commission to
58-10 implement the Medicaid managed care program under Chapter 533,
58-11 Government Code.
58-12 (b) The council, in consultation with the commission, shall
58-13 collect data under this chapter with respect to Medicaid managed
58-14 care organizations. The council may coordinate the collection of
58-15 the data with the collection of data for health benefit plan
58-16 providers, but may collect data in addition to the data otherwise
58-17 required of health benefit plan providers.
58-18 (c) Each Medicaid managed care organization shall provide
58-19 the data required by the council in the form required by the
58-20 council.
58-21 (d) Dissemination of data collected under this section is
58-22 subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014,
58-23 and 108.0141.
58-24 (e) The council, in consultation with the commission, shall
58-25 analyze the data collected in accordance with this section and
58-26 shall use the data to:
58-27 (1) evaluate the effectiveness and efficiency of the
59-1 Medicaid managed care system;
59-2 (2) determine the extent to which Medicaid managed
59-3 care does or does not serve the needs of Medicaid recipients in
59-4 this state; and
59-5 (3) assess the cost-effectiveness of the Medicaid
59-6 managed care system in comparison to the fee-for-service system,
59-7 considering any improvement in the quality of care provided.
59-8 (f) Not later than December 15 of each even-numbered year,
59-9 the council shall report to the commission, the governor, the
59-10 lieutenant governor, and the speaker of the house of
59-11 representatives with respect to:
59-12 (1) the council's conclusions under Subsection (e) and
59-13 any improvement made in the delivery of services under the Medicaid
59-14 managed care system since the date of the council's last report
59-15 under this section;
59-16 (2) recommendations for implementation by the state
59-17 agencies operating the Medicaid managed care system for improvement
59-18 to the Medicaid managed care system; and
59-19 (3) any recommendations for legislation.
59-20 (g) The report made under Subsection (f) may be consolidated
59-21 with any report made under Section 108.006(a)(9).
59-22 SECTION 8.04. Not later than December 15, 1999, the Texas
59-23 Health Care Information Council, in consultation with the Health
59-24 and Human Services Commission and the presiding officer of the
59-25 Health and Human Services Legislative Oversight Committee, shall
59-26 develop a plan for implementing the council's duties under Section
59-27 108.0065, Health and Safety Code, as added by this Act.
60-1 ARTICLE 9. LEGISLATIVE OVERSIGHT
60-2 SECTION 9.01. Chapter 531, Government Code, is amended by
60-3 adding Subchapter E to read as follows:
60-4 SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
60-5 Sec. 531.171. DEFINITION. In this subchapter, "committee"
60-6 means the Health and Human Services Legislative Oversight
60-7 Committee.
60-8 Sec. 531.172. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
60-9 (a) The committee is composed of:
60-10 (1) six persons who are members of the senate or the
60-11 lieutenant governor, appointed by the lieutenant governor; and
60-12 (2) six persons who are members of the house of
60-13 representatives, one of whom may be the speaker of the house of
60-14 representatives, appointed by the speaker of the house of
60-15 representatives.
60-16 (b) A member of the committee serves at the pleasure of the
60-17 appointing official.
60-18 Sec. 531.173. COMMITTEE POWERS AND DUTIES. (a) The
60-19 committee shall:
60-20 (1) meet at the call of the presiding officer;
60-21 (2) monitor the commission's implementation of Section
60-22 531.0055 and the commission's other duties in consolidating and
60-23 integrating health and human services to ensure implementation
60-24 consistent with law;
60-25 (3) recommend, as needed, adjustments to the
60-26 implementation of Section 531.0055 and the commission's other
60-27 duties in consolidating and integrating health and human services;
61-1 and
61-2 (4) collect, analyze, and report information relating
61-3 to the health and human services system in this state, including
61-4 information relating to statewide health and human services needs.
61-5 (b) At the committee's request, the commission shall
61-6 provide:
61-7 (1) staff and resources to support the committee,
61-8 including sufficient resources to analyze the committee's
61-9 recommendations with respect to the health and human services
61-10 system and to propose additional changes consistent with the
61-11 objectives and directives of the committee;
61-12 (2) information as requested by the committee; and
61-13 (3) an annual plan that addresses the topics
61-14 identified by the committee.
61-15 (c) At the committee's request, a health and human services
61-16 agency shall:
61-17 (1) provide information to the committee relating to
61-18 the health and human services system; and
61-19 (2) report on agency progress in implementing
61-20 statutory directives identified by the committee and the directives
61-21 of the commission.
61-22 (d) The committee may also use staff of standing committees
61-23 in the senate and the house of representatives with appropriate
61-24 jurisdiction, the Department of Information Resources, the state
61-25 auditor, the Texas Legislative Council, and the Legislative Budget
61-26 Board in carrying out its responsibilities.
61-27 Sec. 531.174. REPORT. (a) The committee shall report to
62-1 the governor, the lieutenant governor, and the speaker of the house
62-2 of representatives not later than December 31 of each year.
62-3 (b) The report must include:
62-4 (1) identification of significant problems in the
62-5 implementation of Section 531.0055 and the commission's other
62-6 duties in consolidating and integrating health and human services,
62-7 with recommendations for action by the commissioner;
62-8 (2) the status of the implementation of Section
62-9 531.0055 and the commission's other duties in consolidating and
62-10 integrating health and human services; and
62-11 (3) recommendations for legislative action, including
62-12 legislation to further consolidate health and human services agency
62-13 functions as appropriate.
62-14 Sec. 531.175. DURATION OF COMMITTEE. The committee is
62-15 abolished September 1, 2001.
62-16 ARTICLE 10. REPEALER; EFFECTIVE DATE; EMERGENCY
62-17 SECTION 10.01. The following laws are repealed:
62-18 (1) Section 441.053(k), Government Code; and
62-19 (2) Section 531.0272, Government Code.
62-20 SECTION 10.02. This Act takes effect September 1, 1999.
62-21 SECTION 10.03. The importance of this legislation and the
62-22 crowded condition of the calendars in both houses create an
62-23 emergency and an imperative public necessity that the
62-24 constitutional rule requiring bills to be read on three several
62-25 days in each house be suspended, and this rule is hereby suspended.