76R10868 DLF-D
By Gray, Bosse, McCall H.B. No. 2641
Substitute the following for H.B. No. 2641:
By Gray C.S.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 531.009, Government Code, is amended
1-15 to read as follows:
1-16 Sec. 531.009. PERSONNEL. (a) The commissioner shall employ
1-17 a medical director to provide medical expertise to the commissioner
1-18 and the commission and may employ other personnel necessary to
1-19 administer the commission's duties.
1-20 (b) The commissioner or the commissioner's designated
1-21 representative shall develop an intra-agency career ladder program,
1-22 one part of which must require the intra-agency posting of all
1-23 non-entry-level positions concurrently with any public posting.
1-24 (c) The commissioner or the commissioner's designated
2-1 representative shall develop a system of annual performance
2-2 evaluations based on measurable job tasks. All merit pay for
2-3 commission employees must be based on the system established under
2-4 this subsection.
2-5 (d) The commissioner shall provide to commission employees
2-6 as often as is necessary information regarding their qualifications
2-7 under this chapter and their responsibilities under applicable laws
2-8 relating to standards of conduct for state employees.
2-9 (e) The commissioner or the commissioner's designated
2-10 representative shall prepare and maintain a written policy
2-11 statement that implements [to ensure implementation of] a program
2-12 of equal employment opportunity to ensure that [under which] all
2-13 personnel transactions are made without regard to race, color,
2-14 disability, sex, religion, age, or national origin.
2-15 (f) The policy statement described by Subsection (e) must
2-16 include:
2-17 (1) personnel policies, including policies relating to
2-18 recruitment, evaluation, selection, [appointment,] training, and
2-19 promotion of personnel, that show the intent of the commission to
2-20 avoid the unlawful employment practices described by Chapter 21,
2-21 Labor Code; and
2-22 (2) an analysis of the extent to which the composition
2-23 of the commission's personnel is in accordance with state and
2-24 federal law and a description of reasonable methods to achieve
2-25 compliance with state and federal law [a comprehensive analysis of
2-26 the commission workforce that meets federal and state guidelines;]
2-27 [(3) procedures by which a determination can be made
3-1 of significant underuse in the commission workforce of all persons
3-2 for whom federal or state guidelines encourage a more equitable
3-3 balance; and]
3-4 [(4) reasonable methods to appropriately address areas
3-5 of significant underuse in the commission workforce of all persons
3-6 for whom federal or state guidelines encourage a more equitable
3-7 balance].
3-8 (g) The policy statement described by Subsection (e) must:
3-9 (1) be updated annually;
3-10 (2) be reviewed by the state Commission on Human
3-11 Rights for compliance with Subsection (f)(1); and
3-12 (3) be filed with the governor's office.
3-13 SECTION 1.03. Section 531.011, Government Code, is amended
3-14 by adding Subsection (g) to read as follows:
3-15 (g) In addition to the information file maintained under
3-16 Subsection (e), the commission shall maintain an information file
3-17 on a complaint received by the commission relating to any matter or
3-18 agency under the jurisdiction of the commission.
3-19 SECTION 1.04. Subchapter A, Chapter 531, Government Code, is
3-20 amended by adding Section 531.014 to read as follows:
3-21 Sec. 531.014. CONSOLIDATION OF REPORTS. The commission may
3-22 consolidate any annual or biennial reports required to be made
3-23 under this chapter or another law if:
3-24 (1) the consolidated report is submitted not later
3-25 than the earliest deadline for the submission of any component of
3-26 the consolidated report; and
3-27 (2) each person required to receive a component of the
4-1 consolidated report receives the consolidated report and the
4-2 consolidated report identifies the component of the report the
4-3 person was required to receive.
4-4 ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES
4-5 SECTION 2.01. Subchapter A, Chapter 531, Government Code, is
4-6 amended by adding Section 531.0055 to read as follows:
4-7 Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO
4-8 CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) In
4-9 this section:
4-10 (1) "Agency director" means the director, executive
4-11 director, or commissioner of a health and human services agency.
4-12 (2) "Policymaking body" means the board or commission
4-13 with policymaking authority over a health and human services
4-14 agency.
4-15 (b) The commission shall:
4-16 (1) supervise the administration and operation of the
4-17 Medicaid program, including the administration and operation of the
4-18 Medicaid managed care system in accordance with Section 531.021;
4-19 (2) supervise information systems planning and
4-20 management for health and human services agencies under Section
4-21 531.0273;
4-22 (3) manage and distribute all federal funds received
4-23 by a health and human services agency in accordance with Section
4-24 531.028 and the General Appropriations Act; and
4-25 (4) implement Texas Integrated Enrollment Services as
4-26 required by Subchapter F.
4-27 (c) After implementation of the commission's duties under
5-1 Subsection (b), the commission shall implement the powers and
5-2 duties given to the commission under Sections 531.0246, 531.0247,
5-3 2155.144, as added by Chapter 1045, Acts of the 75th Legislature,
5-4 Regular Session, 1997, and 2167.004.
5-5 (d) After implementation of the commission's duties under
5-6 Subsections (b) and (c), the commission shall implement the powers
5-7 and duties given to the commission under Section 531.0248.
5-8 (e) Notwithstanding any other law, the commissioner, as
5-9 necessary to perform the functions described by Subsections (b),
5-10 (c), and (d) in implementation of the policies established by each
5-11 agency's policymaking body, shall:
5-12 (1) manage and direct the operations of each health
5-13 and human services agency; and
5-14 (2) supervise and direct the activities of each agency
5-15 director.
5-16 (f) The operational authority of the commissioner for
5-17 purposes of Subsection (e) at each health and human services agency
5-18 includes authority over the:
5-19 (1) management of the daily operations of the agency,
5-20 including the organization and management of the agency and agency
5-21 operating procedures;
5-22 (2) allocation of resources within the agency,
5-23 including use of federal funds received by the agency;
5-24 (3) personnel and employment policies;
5-25 (4) contracting, purchasing, and related policies,
5-26 subject to this chapter and other laws relating to contracting and
5-27 purchasing by a state agency;
6-1 (5) information resources systems used by the agency;
6-2 (6) location of agency facilities; and
6-3 (7) coordination of agency activities with activities
6-4 of other state agencies, including other health and human services
6-5 agencies.
6-6 (g) Notwithstanding any other law, the operational authority
6-7 of the commissioner for purposes of Subsection (e) at each health
6-8 and human services agency includes the authority to adopt or
6-9 approve, subject to applicable limitations, any rate of payment or
6-10 similar provision required by law to be adopted or approved by the
6-11 agency.
6-12 (h) For each health and human services agency, the
6-13 commissioner shall implement a program to evaluate and supervise
6-14 the daily operations of the agency. The program must include
6-15 measurable performance objectives for each agency director and
6-16 adequate reporting requirements to permit the commissioner to
6-17 perform the duties assigned to the commissioner under this section.
6-18 (i) To facilitate the operations of a health and human
6-19 services agency in accordance with this section, the commissioner
6-20 may delegate a specific power or duty given under Subsection (f) or
6-21 (g) to an agency director.
6-22 (j) The commissioner may adopt rules to implement the
6-23 commissioner's authority under this section.
6-24 (k) The commissioner and each agency director shall enter
6-25 into a memorandum of understanding that:
6-26 (1) clearly defines the responsibilities of the agency
6-27 director and the commissioner;
7-1 (2) establishes the program of evaluation and
7-2 supervision of daily operations required by Subsection (h); and
7-3 (3) describes each delegation of a power or duty made
7-4 under Subsection (i).
7-5 (l) Notwithstanding any other provision of this section, a
7-6 policymaking body has the authority provided by law to adopt
7-7 policies and rules governing the delivery of services to persons
7-8 who are served by the agency and the rights and duties of persons
7-9 who are served or regulated by the agency. The commissioner and
7-10 each policymaking body shall enter into a memorandum of
7-11 understanding that clearly defines:
7-12 (1) the policymaking authority of the policymaking
7-13 body; and
7-14 (2) the operational authority of the commissioner.
7-15 SECTION 2.02. Section 21.004(b), Human Resources Code, is
7-16 amended to read as follows:
7-17 (b) The commissioner is appointed by the board with the
7-18 concurrence of the commissioner of health and human services and
7-19 the approval of the governor. The commissioner [and] serves at the
7-20 pleasure of the board.
7-21 SECTION 2.03. Chapter 22, Human Resources Code, is amended
7-22 by adding Section 22.0001 to read as follows:
7-23 Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
7-24 AND HUMAN SERVICES. The commissioner of health and human services
7-25 has the powers and duties relating to the board and commissioner as
7-26 provided by Section 531.0055, Government Code. To the extent a
7-27 power or duty given to the board or commissioner by this title or
8-1 another law conflicts with Section 531.0055, Government Code,
8-2 Section 531.0055 controls.
8-3 SECTION 2.04. Section 40.027(a), Human Resources Code, is
8-4 amended to read as follows:
8-5 (a) The board shall appoint [employ] the executive director
8-6 with the concurrence of the commissioner of health and human
8-7 services and the approval of the governor. The executive director
8-8 serves at the pleasure of the board.
8-9 SECTION 2.05. Subchapter C, Chapter 40, Human Resources
8-10 Code, is amended by adding Section 40.0505 to read as follows:
8-11 Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
8-12 AND HUMAN SERVICES. The commissioner of health and human services
8-13 has the powers and duties relating to the board and executive
8-14 director as provided by Section 531.0055, Government Code. To the
8-15 extent a power or duty given to the board or executive director by
8-16 this chapter or another law conflicts with Section 531.0055,
8-17 Government Code, Section 531.0055 controls.
8-18 SECTION 2.06. Chapter 73, Human Resources Code, is amended
8-19 by adding Section 73.0045 to read as follows:
8-20 Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
8-21 AND HUMAN SERVICES. The commissioner of health and human services
8-22 has the powers and duties relating to the board and the executive
8-23 director of the board as provided by Section 531.0055, Government
8-24 Code. To the extent a power or duty given to the board or
8-25 executive director by this chapter or another law conflicts with
8-26 Section 531.0055, Government Code, Section 531.0055 controls.
8-27 SECTION 2.07. Section 73.0052(b), Human Resources Code, is
9-1 amended to read as follows:
9-2 (b) The board shall appoint [employ] an executive director
9-3 with the concurrence of the commissioner of health and human
9-4 services and the approval of the governor. The executive director
9-5 serves at the pleasure of the board. The [, and the] executive
9-6 director shall establish necessary administrative units, and hire
9-7 other necessary employees.
9-8 SECTION 2.08. Chapter 81, Human Resources Code, is amended
9-9 by adding Section 81.0055 to read as follows:
9-10 Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
9-11 AND HUMAN SERVICES. The commissioner of health and human services
9-12 has the powers and duties relating to the commission and the
9-13 executive director of the commission as provided by Section
9-14 531.0055, Government Code. To the extent a power or duty given to
9-15 the commission or executive director by this chapter or another law
9-16 conflicts with Section 531.0055, Government Code, Section 531.0055
9-17 controls.
9-18 SECTION 2.09. Section 81.008(a), Human Resources Code, is
9-19 amended to read as follows:
9-20 (a) The commission shall appoint an executive director with
9-21 the concurrence of the commissioner of health and human services
9-22 and the approval of the governor. The executive director serves at
9-23 the pleasure of the commission.
9-24 SECTION 2.10. Section 91.012(a), Human Resources Code, is
9-25 amended to read as follows:
9-26 (a) The commission shall [annually] appoint an executive
9-27 director with the concurrence of the commissioner of health and
10-1 human services and the approval of the governor. The executive
10-2 director serves at the pleasure of the commission.
10-3 SECTION 2.11. Subchapter C, Chapter 91, Human Resources
10-4 Code, is amended by adding Section 91.0205 to read as follows:
10-5 Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-6 AND HUMAN SERVICES. The commissioner of health and human services
10-7 has the powers and duties relating to the commission and executive
10-8 director as provided by Section 531.0055, Government Code. To the
10-9 extent a power or duty given to the commission or executive
10-10 director by this chapter or another law conflicts with Section
10-11 531.0055, Government Code, Section 531.0055 controls.
10-12 SECTION 2.12. Section 101.004(a), Human Resources Code, is
10-13 amended to read as follows:
10-14 (a) The board shall appoint an executive director of aging
10-15 with the concurrence of the commissioner of health and human
10-16 services and the approval of the governor. The executive director
10-17 shall discharge all executive and administrative functions of the
10-18 department. The executive director must be a person with executive
10-19 ability and experience in the area of aging. The executive
10-20 director serves at the pleasure of the board.
10-21 SECTION 2.13. Subchapter B, Chapter 101, Human Resources
10-22 Code, is amended by adding Section 101.0205 to read as follows:
10-23 Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-24 AND HUMAN SERVICES. The commissioner of health and human services
10-25 has the powers and duties relating to the board and executive
10-26 director as provided by Section 531.0055, Government Code. To the
10-27 extent a power or duty given to the board or executive director by
11-1 this chapter or another law conflicts with Section 531.0055,
11-2 Government Code, Section 531.0055 controls.
11-3 SECTION 2.14. Section 111.017, Human Resources Code, is
11-4 amended to read as follows:
11-5 Sec. 111.017. COMMISSIONER. This chapter is administered by
11-6 the commissioner under operational policies established by the
11-7 board. The commissioner is appointed by the board, with the
11-8 concurrence of the commissioner of health and human services and
11-9 the approval of the governor, on the basis of education, training,
11-10 experience, and demonstrated ability. The commissioner serves at
11-11 the pleasure of the board and is secretary to the board, as well as
11-12 chief administrative officer of the agency.
11-13 SECTION 2.15. Subchapter C, Chapter 111, Human Resources
11-14 Code, is amended by adding Section 111.0505 to read as follows:
11-15 Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-16 AND HUMAN SERVICES. The commissioner of health and human services
11-17 has the powers and duties relating to the commission and
11-18 commissioner as provided by Section 531.0055, Government Code. To
11-19 the extent a power or duty given to the commission or commissioner
11-20 by this chapter or another law conflicts with Section 531.0055,
11-21 Government Code, Section 531.0055 controls.
11-22 SECTION 2.16. Subchapter C, Chapter 141, Human Resources
11-23 Code, is amended by adding Section 141.0405 to read as follows:
11-24 Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-25 AND HUMAN SERVICES. The commissioner of health and human services
11-26 has the powers and duties relating to the commission and director
11-27 as provided by Section 531.0055, Government Code. To the extent a
12-1 power or duty given to the commission or director by this chapter
12-2 or another law conflicts with Section 531.0055, Government Code,
12-3 Section 531.0055 controls.
12-4 SECTION 2.17. Section 11.012(a), Health and Safety Code, is
12-5 amended to read as follows:
12-6 (a) The board shall appoint [employ] the commissioner with
12-7 the concurrence of the commissioner of health and human services
12-8 and the approval of the governor. The commissioner serves at the
12-9 will of the board.
12-10 SECTION 2.18. Subchapter A, Chapter 12, Health and Safety
12-11 Code, is amended by adding Section 12.0001 to read as follows:
12-12 Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-13 AND HUMAN SERVICES. The commissioner of health and human services
12-14 has the powers and duties relating to the board and commissioner as
12-15 provided by Section 531.0055, Government Code. To the extent a
12-16 power or duty given to the board or commissioner by this title or
12-17 another law conflicts with Section 531.0055, Government Code,
12-18 Section 531.0055 controls.
12-19 SECTION 2.19. Section 461.011(a), Health and Safety Code, is
12-20 amended to read as follows:
12-21 (a) The commission shall appoint [employ] an executive
12-22 director with the concurrence of the commissioner of health and
12-23 human services and the approval of the governor. The executive
12-24 director shall hire other necessary employees.
12-25 SECTION 2.20. Chapter 461, Health and Safety Code, is
12-26 amended by adding Section 461.0115 to read as follows:
12-27 Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-1 AND HUMAN SERVICES. The commissioner of health and human services
13-2 has the powers and duties relating to the commission and executive
13-3 director as provided by Section 531.0055, Government Code. To the
13-4 extent a power or duty given to the commission or executive
13-5 director by this chapter or another law conflicts with Section
13-6 531.0055, Government Code, Section 531.0055 controls.
13-7 SECTION 2.21. Section 532.011(a), Health and Safety Code, is
13-8 amended to read as follows:
13-9 (a) The board shall appoint a commissioner with the
13-10 concurrence of the commissioner of health and human services and
13-11 the approval of the governor.
13-12 SECTION 2.22. Subchapter A, Chapter 533, Health and Safety
13-13 Code, is amended by adding Section 533.0001 to read as follows:
13-14 Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-15 AND HUMAN SERVICES. The commissioner of health and human services
13-16 has the powers and duties relating to the board and commissioner as
13-17 provided by Section 531.0055, Government Code. To the extent a
13-18 power or duty given to the board or commissioner by this title or
13-19 another law conflicts with Section 531.0055, Government Code,
13-20 Section 531.0055 controls.
13-21 SECTION 2.23. (a) In this section, "agency director" has
13-22 the meaning assigned by Section 531.0055, Government Code, as added
13-23 by this Act.
13-24 (b) An agency director serving on the effective date of this
13-25 Act continues to serve in that position until the expiration of the
13-26 term of that person's appointment or employment or until removed
13-27 from the position as provided by law. A vacancy in the position of
14-1 an agency director that occurs on or after the effective date of
14-2 this Act shall be filled by the respective appointing authority
14-3 with the concurrence of the commissioner of health and human
14-4 services and the approval of the governor as required by the change
14-5 in law made by this Act.
14-6 ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH
14-7 AND HUMAN SERVICES COMMISSION
14-8 SECTION 3.01. Section 531.021(b), Government Code, is
14-9 amended to read as follows:
14-10 (b) The commission shall:
14-11 (1) plan and direct the Medicaid program in each
14-12 agency that operates a portion of the Medicaid program, including
14-13 the management of the Medicaid managed care system and the
14-14 development, procurement, management, and monitoring of contracts
14-15 necessary to implement the Medicaid managed care system;
14-16 (2) adopt [is responsible for adopting] reasonable
14-17 rules and standards governing the determination of fees, charges,
14-18 and rates for medical assistance payments under Chapter 32, Human
14-19 Resources Code, in consultation[. In adopting these rules and
14-20 standards, the commission shall consult] with the agencies that
14-21 operate the Medicaid program; and
14-22 (3) evaluate the Medicaid managed care system in
14-23 conjunction with the Texas Health Care Information Council under
14-24 Section 108.0065, Health and Safety Code.
14-25 SECTION 3.02. Subchapter B, Chapter 531, Government Code, is
14-26 amended by adding Sections 531.0246, 531.0247, 531.0248, and
14-27 531.0249 to read as follows:
15-1 Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN
15-2 SERVICES AGENCIES. Subject to Section 531.0055(c), the commission
15-3 may require a health and human services agency, under the direction
15-4 of the commission, to:
15-5 (1) locate all or a portion of the agency's employees
15-6 and programs in the same building as another health and human
15-7 services agency or at a location near or adjacent to the location
15-8 of another health and human services agency;
15-9 (2) ensure that the agency's location is accessible to
15-10 disabled employees and agency clients; and
15-11 (3) consolidate agency support services, including
15-12 clerical and administrative support services and information
15-13 resources support services, with support services provided to or by
15-14 another health and human services agency.
15-15 Sec. 531.0247. ANNUAL BUSINESS PLAN. Subject to Section
15-16 531.0055(c), the commission shall develop and implement an annual
15-17 business services plan for each health and human services region
15-18 that establishes performance objectives for all health and human
15-19 services agencies providing services in the region and measures
15-20 agency effectiveness and efficiency in achieving those objectives.
15-21 Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. (a)
15-22 Subject to Section 531.0055(d), the commission shall assist
15-23 communities in this state in developing comprehensive,
15-24 community-based support systems for health and human services. At
15-25 the request of a community, the commission shall provide resources
15-26 and assistance to the community to enable the community to:
15-27 (1) identify and overcome institutional barriers to
16-1 developing more comprehensive community support systems, including
16-2 barriers that result from the policies and procedures of state
16-3 health and human services agencies; and
16-4 (2) develop a system of blended funds to allow the
16-5 community to customize services to fit individual community needs.
16-6 (b) At the request of the commission, a health and human
16-7 services agency shall provide resources and assistance to a
16-8 community as necessary to perform the commission's duties under
16-9 Subsection (a).
16-10 (c) A health and human services agency that receives or
16-11 develops a proposal for a community initiative shall submit the
16-12 initiative to the commission for review and approval. The
16-13 commission shall review the initiative to ensure that the
16-14 initiative is consistent with other similar programs offered in
16-15 communities and does not duplicate other services provided in the
16-16 community.
16-17 (d) In implementing this section, the commission shall
16-18 consider models used in other service delivery systems, including
16-19 the mental health and mental retardation service delivery system.
16-20 Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL
16-21 ENTITIES. (a) The commission shall appoint an advisory committee
16-22 composed of representatives of governmental entities identified
16-23 under Section 531.022(e).
16-24 (b) The advisory committee:
16-25 (1) shall advise the commission with respect to
16-26 establishing flexible and responsive strategies for blending
16-27 federal, state, and other available funding sources to meet local
17-1 program needs and service priorities, in implementation of Sections
17-2 531.022, 531.024, and 531.0248; and
17-3 (2) may assist the commission in performing its other
17-4 functions under Sections 531.022, 531.024, 531.0248, and
17-5 531.028(b)(6).
17-6 (c) A member of the advisory committee may not receive
17-7 compensation, but is entitled to reimbursement of the travel
17-8 expenses incurred by the member while conducting the business of
17-9 the committee, as provided by the General Appropriations Act.
17-10 (d) The advisory committee is not subject to Chapter 2110.
17-11 SECTION 3.03. Sections 531.0271 and 531.0273, Government
17-12 Code, are amended to read as follows:
17-13 Sec. 531.0271. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
17-14 BUDGETS. The commission may, within the limits established by and
17-15 subject to [(a) In addition to the provisions of] the General
17-16 Appropriations Act, transfer amounts appropriated to health and
17-17 human services agencies among the agencies to [the commission shall
17-18 review and comment on]:
17-19 (1) enhance the receipt of federal money under the
17-20 federal funds management system established under Section 531.028;
17-21 (2) achieve efficiencies in the administrative support
17-22 functions of the agencies; and
17-23 (3) perform the functions assigned to the commissioner
17-24 under Section 531.0055 [the annual operating budget of each health
17-25 and human services agency; and]
17-26 [(2) the transfer of funds between budget strategies
17-27 made by each health and human services agency before that transfer.]
18-1 [(b) The commission shall issue a quarterly report regarding
18-2 the projected expenditures by budget strategy of each health and
18-3 human services agency compared to each agency's operating budget].
18-4 Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
18-5 MANAGEMENT; ADVISORY COMMITTEE [AUTOMATED SYSTEMS]. (a) The
18-6 commission is responsible for strategic planning for information
18-7 resources at each health and human services agency and shall direct
18-8 the management of information resources at each health and human
18-9 services agency. The commission shall:
18-10 (1) develop a coordinated strategic plan for
18-11 information resources management that:
18-12 (A) covers a five-year period;
18-13 (B) defines objectives for information resources
18-14 management at each health and human services agency;
18-15 (C) prioritizes information resources projects
18-16 and implementation of new technology for all health and human
18-17 services agencies;
18-18 (D) integrates planning and development of each
18-19 information resources system used by a health and human services
18-20 agency into a coordinated information resources management planning
18-21 and development system established by the commission;
18-22 (E) establishes standards for information
18-23 resources system security and that promotes the ability of
18-24 information resources systems to operate with each other; and
18-25 (F) achieves economies of scale and related
18-26 benefits in purchasing for health and human services information
18-27 resources systems;
19-1 (2) establish information resources management
19-2 policies, procedures, and technical standards and ensure compliance
19-3 with those policies, procedures, and standards; and
19-4 (3) review and approve the information resources
19-5 management and biennial operating plan of each health and human
19-6 services agency.
19-7 (b) Not later than December 15 of each even-numbered year,
19-8 the commission shall file the coordinated information resources
19-9 strategic plan with the governor, the lieutenant governor, and the
19-10 speaker of the house of representatives.
19-11 (c) A health and human services agency may not submit its
19-12 plans to the Department of Information Resources under Subchapter
19-13 E, Chapter 2054, until those plans are approved by the commission.
19-14 (d) The commission shall appoint an advisory committee
19-15 composed of:
19-16 (1) information resources managers for state agencies
19-17 and for private employers; and
19-18 (2) the directors, executive directors, and
19-19 commissioners of health and human services agencies.
19-20 (e) The advisory committee appointed under Subsection (d)
19-21 shall advise the commission with respect to the implementation of
19-22 the commission's duties under Subsection (a)(1) and:
19-23 (1) shall advise the commission about:
19-24 (A) overall goals and objectives for information
19-25 resources management for all health and human services agencies;
19-26 (B) coordination of agency information resources
19-27 management plans;
20-1 (C) development of short-term and long-term
20-2 strategies for:
20-3 (i) implementing information resources
20-4 management policies, procedures, and technical standards; and
20-5 (ii) ensuring compatibility of information
20-6 resources systems across health and human services agencies as
20-7 technology changes;
20-8 (D) information resources training and skill
20-9 development for health and human services agency employees and
20-10 policies to facilitate recruitment and retention of trained
20-11 employees;
20-12 (E) standards for determining:
20-13 (i) the circumstances in which obtaining
20-14 information resources services under contract is appropriate;
20-15 (ii) the information resources services
20-16 functions that must be performed by health and human services
20-17 agency information resources services employees; and
20-18 (iii) the information resources services
20-19 skills that must be maintained by health and human services agency
20-20 information resources services employees;
20-21 (F) optimization of the use of information
20-22 resources technology that is in place at health and human services
20-23 agencies; and
20-24 (G) existing and potential future information
20-25 resources technologies and practices and the usefulness of those
20-26 technologies and practices to health and human services agencies;
20-27 and
21-1 (2) shall review and make recommendations to the
21-2 commission relating to the consolidation and improved efficiency of
21-3 information resources management functions, including:
21-4 (A) cooperative leasing of information resources
21-5 systems equipment;
21-6 (B) consolidation of data centers;
21-7 (C) improved network operations;
21-8 (D) technical support functions, including help
21-9 desk services, call centers, and data warehouses;
21-10 (E) administrative applications;
21-11 (F) purchases of standard software;
21-12 (G) joint training efforts;
21-13 (H) recruitment and retention of trained agency
21-14 employees;
21-15 (I) video conferencing; and
21-16 (J) other related opportunities for improved
21-17 efficiency.
21-18 (f) A member of the advisory committee may not receive
21-19 compensation, but is entitled to reimbursement of the travel
21-20 expenses incurred by the member while conducting the business of
21-21 the committee, as provided by the General Appropriations Act.
21-22 (g) The advisory committee is not subject to Chapter 2110.
21-23 SECTION 3.04. Section 531.028, Government Code, is amended
21-24 to read as follows:
21-25 Sec. 531.028. MANAGEMENT AND DISTRIBUTION OF FUNDS. (a)
21-26 The commission shall manage and distribute all federal funds
21-27 received by health and human services agencies.
22-1 (b) The commissioner shall establish a federal money
22-2 management system to coordinate and monitor the use of federal
22-3 money that is received by health and human services agencies to
22-4 ensure that the money is spent in the most efficient manner and
22-5 shall:
22-6 (1) establish priorities for use of federal money by
22-7 all health and human services agencies, in coordination with the
22-8 coordinated strategic plan established under Section 531.022 and
22-9 the budget prepared under Section 531.026;
22-10 (2) coordinate and monitor the use of federal money
22-11 for health and human services to ensure that the money is spent in
22-12 the most cost-effective manner throughout the health and human
22-13 services system;
22-14 (3) review and approve all federal funding plans for
22-15 health and human services in this state;
22-16 (4) estimate available federal money, including earned
22-17 federal money, and monitor unspent money;
22-18 (5) ensure that the state meets federal requirements
22-19 relating to receipt of federal money for health and human services,
22-20 including requirements relating to state matching money and
22-21 maintenance of effort;
22-22 (6) transfer appropriated amounts as described by
22-23 Section 531.0271; and
22-24 (7) ensure that each governmental entity identified
22-25 under Section 531.022(e) has access to complete and timely
22-26 information about all sources of federal money for health and human
22-27 services programs and that technical assistance is available to
23-1 governmental entities seeking grants of federal money to provide
23-2 health and human services.
23-3 (c) The commission shall prepare an annual report with
23-4 respect to the results of the implementation of this section. The
23-5 report must identify strategies to maximize the receipt and use of
23-6 federal funds and to improve federal funds management. The
23-7 commission shall file the report with the governor, the lieutenant
23-8 governor, and the speaker of the house of representatives not later
23-9 than December 15 of each year [request budget execution for the
23-10 transfer of funds from one agency to another;]
23-11 [(2) establish a federal health and human services
23-12 funds management system and maximize the availability of those
23-13 funds; and]
23-14 [(3) review and comment on health and human services
23-15 agency formulas for the distribution of funds to ensure that the
23-16 formulas, to the extent permitted by federal law, consider such
23-17 need factors as client base, population, and economic and
23-18 geographic factors within the regions of the state].
23-19 SECTION 3.05. Section 531.0312, Government Code, is amended
23-20 to read as follows:
23-21 Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK.
23-22 (a) The Texas Information and Referral Network at the commission
23-23 is the program responsible for the development, coordination, and
23-24 implementation of a statewide information and referral network that
23-25 integrates existing community-based structures with state and local
23-26 agencies. The network must include information relating to
23-27 transportation services provided to clients of state and local
24-1 agencies.
24-2 (b) The commission shall cooperate with the Records
24-3 Management Interagency Coordinating Council and the General
24-4 Services Commission to establish a single method of categorizing
24-5 information about health and human services to be used by the
24-6 Records Management Interagency Coordinating Council and the Texas
24-7 Information and Referral Network. The network, in cooperation with
24-8 the council and the General Services Commission, shall ensure that:
24-9 (1) information relating to health and human services
24-10 is included in each residential telephone directory published by a
24-11 for-profit publisher and distributed to the public at minimal or no
24-12 cost; and
24-13 (2) the single method of categorizing information
24-14 about health and human services is used in a residential telephone
24-15 directory described by Subdivision (1).
24-16 (c) A health and human services agency shall provide the
24-17 Texas Information and Referral Network and the Records Management
24-18 Interagency Coordinating Council with information about the health
24-19 and human services provided by the agency for inclusion in the
24-20 statewide information and referral network, residential telephone
24-21 directories described by Subsection (b), and any other materials
24-22 produced under the direction of the network or the council. The
24-23 agency shall provide the information in the format required by the
24-24 Texas Information and Referral Network or the Records Management
24-25 Interagency Coordinating Council and shall update the information
24-26 at least quarterly or as required by the network or the council.
24-27 SECTION 3.06. Section 441.053(j), Government Code, is
25-1 redesignated as Subsection (j) of Section 441.203, Government Code,
25-2 as added by Chapter 873, Acts of the 75th Legislature, Regular
25-3 Session, 1997, and is amended to read as follows:
25-4 (j) The council shall categorize state agency programs and
25-5 telephone numbers by subject matter as well as by agency. The
25-6 council shall cooperate with the Texas Information and Referral
25-7 Network under Section 531.0312 to ensure that the council and the
25-8 network use a single method of defining and organizing information
25-9 about health and human services. State agencies shall cooperate
25-10 with the council by providing the council with the information it
25-11 needs to perform this function.
25-12 SECTION 3.07. Section 9.12, Chapter 655, Acts of the 74th
25-13 Legislature, Regular Session, 1995, as amended by Section 1,
25-14 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
25-15 is redesignated as Subchapter F, Chapter 531, Government Code, and
25-16 amended to read as follows:
25-17 SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
25-18 Sec. 531.191 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
25-19 (a) The commission [In consultation and coordination with the
25-20 Texas Integrated Enrollment Services Legislative Oversight
25-21 Committee established under Section 531.202, Government Code, the
25-22 Health and Human Services Commission], subject to the approval of
25-23 the governor and the Legislative Budget Board, shall develop and
25-24 implement a plan for the integration of services and functions
25-25 relating to eligibility determination and service delivery by
25-26 health and human services agencies, the Texas Workforce Commission,
25-27 and other agencies. The plan must include a reengineering of
26-1 eligibility determination business processes, streamlined service
26-2 delivery, a unified and integrated process for the transition from
26-3 welfare to work, and improved access to benefits and services for
26-4 clients. In developing and implementing the plan, the commission
26-5 [Health and Human Services Commission]:
26-6 (1) shall give priority to the design and development
26-7 of computer hardware and software for and provide technical support
26-8 relating to the integrated eligibility determination system;
26-9 (2) shall consult with agencies whose programs are
26-10 included in the plan, including the Texas Department of Human
26-11 Services, the Texas Department of Health, and the Texas Workforce
26-12 Commission;
26-13 (3) may contract for appropriate professional and
26-14 technical assistance; and
26-15 (4) may use the staff and resources of agencies whose
26-16 programs are included in the plan.
26-17 (b) The integrated eligibility determination and service
26-18 delivery system shall be developed and implemented to achieve
26-19 increased quality of and client access to services and savings in
26-20 the cost of providing administrative and other services and staff
26-21 resulting from streamlining and eliminating duplication of
26-22 services. The commission, subject to any spending limitation
26-23 prescribed in the General Appropriations Act, may use the resulting
26-24 savings to further develop the integrated system and to provide
26-25 other health and human services.
26-26 (c) The commission shall examine cost-effective methods to
26-27 address:
27-1 (1) fraud in the assistance programs; and
27-2 (2) the error rate in eligibility determination.
27-3 (d) On receipt by the state of any necessary federal
27-4 approval and subject to the approval of the governor and the
27-5 Legislative Budget Board, the commission may contract for
27-6 implementation of all or part of the plan required by Subsection
27-7 (a) [of this section] if the commission determines that contracting
27-8 may advance the objectives of Subsections (a) and (b) [of this
27-9 section] and meets the criteria set out in the cost-benefit
27-10 analysis described in this subsection. Before the awarding of a
27-11 contract, the commission shall provide a detailed cost-benefit
27-12 analysis to the governor and[,] the Legislative Budget Board[, and
27-13 the Texas Integrated Enrollment Services Legislative Oversight
27-14 Committee established under Section 531.202, Government Code]. The
27-15 analysis must demonstrate the cost-effectiveness of the plan,
27-16 mechanisms for monitoring performance under the plan, and specific
27-17 improvements to the service delivery system and client access made
27-18 by the plan. The commission shall make the analysis available to
27-19 the public. Within 10 days after the release of a request for bids,
27-20 proposals, offers, or other applicable expressions of interest
27-21 relating to the development or implementation of the plan required
27-22 by Subsection (a) [of this section], the commission shall hold a
27-23 public hearing and receive public comment on the request. [The
27-24 commission may coordinate with a legislative committee to hold the
27-25 hearings.]
27-26 (e) [Not later than October 1, 1996, the commission shall
27-27 develop a plan to consolidate administrative and service delivery
28-1 functions in addition to the integrated eligibility determination
28-2 and service delivery system in order to minimize duplication. The
28-3 commission shall prepare a report of the plan for submission to the
28-4 governor, the lieutenant governor, the speaker of the house of
28-5 representatives, the comptroller, and the 75th Legislature when it
28-6 convenes.]
28-7 [(f)] If requested by the commission [Health and Human
28-8 Services Commission], the agencies whose programs are included in
28-9 the plan required by Subsection (a) [of this section] shall
28-10 cooperate with the commission to provide available staff and
28-11 resources that will be subject to the direction of the commission.
28-12 (f) [(g)] The design, development, and operation of an
28-13 automated data processing system to support the plan required by
28-14 Subsection (a) [of this section] may be financed through the
28-15 issuance of bonds or other obligations under the Texas Public
28-16 Finance Authority Act (Article 601d, Vernon's Texas Civil
28-17 Statutes).
28-18 Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT
28-19 COMMITTEE. (a) The commission shall develop and implement the
28-20 plan required by Section 531.191 in consultation and coordination
28-21 with the Texas Integrated Enrollment Services Legislative Oversight
28-22 Committee established by Section 531.202.
28-23 (b) Before awarding a contract under Section 531.191(d), the
28-24 commission shall provide the detailed cost-benefit analysis
28-25 described by that subsection to the legislative oversight
28-26 committee. The commission may coordinate with the the legislative
28-27 oversight committee to hold any hearing required under Section
29-1 531.191(d).
29-2 (c) This section expires September 1, 2002.
29-3 SECTION 3.08. Subchapter D, Chapter 531, Government Code, as
29-4 added by Chapter 1116, Acts of the 75th Legislature, Regular
29-5 Session, 1997, is redesignated as Subchapter G, Chapter 531,
29-6 Government Code, and the subchapter heading is amended to read as
29-7 follows:
29-8 SUBCHAPTER G [D]. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED
29-9 ENROLLMENT SERVICES
29-10 SECTION 3.09. Section 531.203(a), Government Code, is
29-11 amended to read as follows:
29-12 (a) The committee shall:
29-13 (1) meet at the call of the presiding officer;
29-14 (2) receive information about rules proposed or
29-15 adopted by the commission;
29-16 (3) review specific recommendations for legislation
29-17 proposed by the commission; and
29-18 (4) hold public hearings concerning the development
29-19 and implementation of the plan required by Subchapter F [Section
29-20 9.12(a), Chapter 655, Acts of the 74th Legislature, Regular
29-21 Session, 1995,] in at least four geographically diverse locations
29-22 in the state.
29-23 SECTION 3.10. Section 2155.144, Government Code, as added by
29-24 Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,
29-25 is amended to read as follows:
29-26 Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES
29-27 AGENCIES. (a) This section applies only to the Health and Human
30-1 Services Commission and to each health and human services agency.
30-2 (b) An agency to which this section applies is delegated the
30-3 authority to procure its goods and services, except as provided by
30-4 this section.
30-5 (c) An agency to which this section applies shall acquire
30-6 goods or services by any procurement method approved by the Health
30-7 and Human Services Commission that provides the best value to the
30-8 agency. The agency shall document that it considered all relevant
30-9 factors under Subsection (d) in making the acquisition.
30-10 (d) Subject to Subsection (e), the agency may consider all
30-11 relevant factors in determining the best value, including:
30-12 (1) any installation costs;
30-13 (2) the delivery terms;
30-14 (3) the quality and reliability of the vendor's goods
30-15 or services;
30-16 (4) the extent to which the goods or services meet the
30-17 agency's needs;
30-18 (5) indicators of probable vendor performance under
30-19 the contract such as past vendor performance, the vendor's
30-20 financial resources and ability to perform, the vendor's experience
30-21 and responsibility, and the vendor's ability to provide reliable
30-22 maintenance agreements;
30-23 (6) the impact on the ability of the agency to comply
30-24 with laws and rules relating to historically underutilized
30-25 businesses or relating to the procurement of goods and services
30-26 from persons with disabilities;
30-27 (7) the total long-term cost to the agency of
31-1 acquiring the vendor's goods or services;
31-2 (8) the cost of any employee training associated with
31-3 the acquisition;
31-4 (9) the effect of an acquisition on agency
31-5 productivity;
31-6 (10) the acquisition price; and
31-7 (11) any other factor relevant to determining the best
31-8 value for the agency in the context of a particular acquisition.
31-9 (e) If an agency to which this section applies acquires
31-10 goods or services with a value that exceeds $100,000, the agency
31-11 shall notify the state auditor and shall consult with and receive
31-12 approval from the Health and Human Services Commission before
31-13 considering factors other than price and meeting specifications.
31-14 (f) The state auditor may audit the agency's acquisitions of
31-15 goods and services before or after a warrant is issued to pay for
31-16 an acquisition.
31-17 (g) The agency may adopt rules and procedures for the
31-18 acquisition of goods and services under this section.
31-19 (h) The Health and Human Services Commission shall adopt
31-20 rules and procedures for the acquisition of goods and services
31-21 under this section that apply to all health and human services
31-22 agencies, including rules adopted with the commission's assistance
31-23 that allow an agency to make purchases through a group purchasing
31-24 program except when a better value is available through another
31-25 procurement method. The rules of the health and human services
31-26 agencies must be consistent with the rules of the Health and Human
31-27 Services Commission.
32-1 (i) Subject to Section 531.0055(c), the Health and Human
32-2 Services Commission shall develop a single statewide risk analysis
32-3 procedure. Each health and human services agency shall comply with
32-4 the procedure. The procedure must provide for:
32-5 (1) assessing the risk of fraud, abuse, or waste in
32-6 health and human services agencies contractor selection processes,
32-7 contract provisions, and payment and reimbursement rates and
32-8 methods for the different types of goods and services for which
32-9 health and human services agencies contract;
32-10 (2) identifying contracts that require enhanced
32-11 contract monitoring; and
32-12 (3) coordinating contract monitoring efforts among
32-13 health and human services agencies.
32-14 (j) Subject to Section 531.0055(c), the Health and Human
32-15 Services Commission shall publish a contract management handbook
32-16 that establishes consistent contracting policies and practices to
32-17 be followed by health and human services agencies. The handbook
32-18 may include standard contract provisions and formats for health and
32-19 human services agencies to incorporate as applicable in their
32-20 contracts.
32-21 (k) Subject to Section 531.0055(c), the Health and Human
32-22 Services Commission, in cooperation with the comptroller, shall
32-23 establish a central contract management database that identifies
32-24 each contract made with a health and human services agency. The
32-25 commission may use the database to monitor health and human
32-26 services agency contracts, and health and human services agencies
32-27 may use the database in contracting. A state agency shall send to
33-1 the commission in the manner prescribed by the commission the
33-2 information the agency possesses that the commission requires for
33-3 inclusion in the database.
33-4 (l) The Health and Human Services Commission shall
33-5 coordinate the procurement practices of all health and human
33-6 services agencies and encourage those agencies to use efficient
33-7 procurement practices such as the use of a group purchasing
33-8 program, combining maintenance contracts into one contract, and
33-9 obtaining prompt payment discounts. In implementing this duty, the
33-10 Health and Human Services Commission may review the procurement and
33-11 rate-setting procedures of each health and human services agency to
33-12 ensure that amounts paid to contractors are consistent and
33-13 represent the best value for the state. The Health and Human
33-14 Services Commission may disapprove a procurement and rate-setting
33-15 procedure of a health and human services agency. A health and
33-16 human services agency may not use a procurement or rate-setting
33-17 procedure that has been disapproved by the commission. The Health
33-18 and Human Services Commission may transfer the procurement
33-19 functions of a health and human services agency to another
33-20 appropriate state agency if it determines that transferring those
33-21 functions would be advantageous to the state. Other state agencies
33-22 and institutions with experience in acquiring goods and services
33-23 using the procedures allowed under Subsections (c) and (d) shall on
33-24 request assist the Health and Human Services Commission to perform
33-25 its functions under this section.
33-26 (m) Subject to Section 531.0055(c), the Health and Human
33-27 Services Commission shall develop and implement a statewide plan to
34-1 ensure that each entity that contracts with a health and human
34-2 services agency and any subcontractor of the entity complies with
34-3 the accessibility requirements of the Americans with Disabilities
34-4 Act of 1990 (42 U.S.C. Section 12101 et seq.).
34-5 (n) [(j)] To the extent of any conflict, this section
34-6 prevails over any other state law relating to the procurement of
34-7 goods and services except a law relating to contracting with
34-8 historically underutilized businesses or relating to the
34-9 procurement of goods and services from persons with disabilities.
34-10 (o) The Health and Human Services Commission shall prepare
34-11 an annual report that assesses the compliance of each health and
34-12 human services agency with the requirements imposed under this
34-13 section and that identifies any material risk to the state or to
34-14 the clients of the health and human services agency that results
34-15 from the agency's procurement and contracting practices. The
34-16 commission may request the assistance of the state auditor in
34-17 preparing the report. The state auditor shall conduct reviews as
34-18 necessary to assess compliance under this subsection as determined
34-19 by the Legislative Audit Committee. The commission shall file the
34-20 report with the governor, the lieutenant governor, and the speaker
34-21 of the house of representatives not later than December 15 of each
34-22 year.
34-23 (p) [(k)] In this section, "health and human services
34-24 agency" has the meaning assigned by Section 531.001.
34-25 SECTION 3.11. Section 2167.004, Government Code, is amended
34-26 to read as follows:
34-27 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
35-1 AGENCIES. (a) Notwithstanding any other provision of this chapter
35-2 or of Subchapter C, Chapter 2165, the commission may not lease
35-3 office space to serve the needs of any health and human services
35-4 agency unless the Health and Human Services Commission has approved
35-5 the office space for the agency.
35-6 (b) The commission may not enter into an emergency lease to
35-7 serve the needs of a health and human services agency unless the
35-8 emergency lease is entered into under criteria adopted by the
35-9 Health and Human Services Commission in consultation with the
35-10 commission. The criteria must:
35-11 (1) encourage advance planning by the health and human
35-12 services agency to facilitate regional management of health and
35-13 human services agencies by the Health and Human Services Commission
35-14 under Section 531.0246; and
35-15 (2) ensure that the circumstances that require an
35-16 emergency lease are outside of the control of the agency and that
35-17 the agency could not reasonably have been expected to foresee the
35-18 circumstances.
35-19 (c) In this section, "health and human services agency" has
35-20 the meaning assigned by Section 531.001 [means the:]
35-21 [(1) Interagency Council on Early Childhood
35-22 Intervention Services;]
35-23 [(2) Texas Department on Aging;]
35-24 [(3) Texas Commission on Alcohol and Drug Abuse;]
35-25 [(4) Texas Commission for the Blind;]
35-26 [(5) Texas Commission for the Deaf and Hearing
35-27 Impaired;]
36-1 [(6) Texas Department of Health;]
36-2 [(7) Texas Department of Human Services;]
36-3 [(8) Texas Juvenile Probation Commission;]
36-4 [(9) Texas Department of Mental Health and Mental
36-5 Retardation;]
36-6 [(10) Texas Rehabilitation Commission; or]
36-7 [(11) Department of Protective and Regulatory
36-8 Services].
36-9 SECTION 3.12. (a) Not later than December 15, 2000, the
36-10 Health and Human Services Commission shall submit a report relating
36-11 to the delivery of mental health and substance abuse services in
36-12 this state to the governor, the lieutenant governor, the speaker of
36-13 the house of representatives, and the presiding officer of the
36-14 Health and Human Services Legislative Oversight Committee. The
36-15 report must include:
36-16 (1) a comprehensive inventory of all mental health and
36-17 substance abuse services provided by state agencies;
36-18 (2) the populations to which the services are
36-19 provided;
36-20 (3) the amount of state resources expended on the
36-21 services;
36-22 (4) a comprehensive description of interagency
36-23 coordination and collaborative initiatives related to those
36-24 services; and
36-25 (5) an assessment of whether any of those services are
36-26 redundant of other services provided by state agencies.
36-27 (b) A health and human services agency or any other state
37-1 agency that provides mental health or substance abuse services
37-2 shall provide the Health and Human Services Commission any
37-3 information, other than confidential information, requested by the
37-4 commission relating to mental health and substance abuse services
37-5 provided by the agency.
37-6 (c) This section expires December 31, 2000.
37-7 SECTION 3.13. (a) Not later than December 15, 2000, the
37-8 Health and Human Services Commission shall submit a report relating
37-9 to regulatory programs conducted by the Texas Department of Health
37-10 to the governor, the lieutenant governor, the speaker of the house
37-11 of representatives, and the presiding officer of the Health and
37-12 Human Services Legislative Oversight Committee. In preparing the
37-13 report, the commission must consider whether:
37-14 (1) health-related regulatory programs conducted by
37-15 the Texas Department of Health should be consolidated or
37-16 restructured;
37-17 (2) a new agency, similar to the Texas Department of
37-18 Licensing and Regulation, should be established to administer all
37-19 or some of the health-related regulatory programs;
37-20 (3) a new agency should be established to administer
37-21 regulatory programs related to health-related professions;
37-22 (4) a new agency should be established to regulate
37-23 health-related facilities;
37-24 (5) the duties of the Health Professions Council
37-25 should be expanded to encompass all or some of the health-related
37-26 regulatory programs; or
37-27 (6) health-related regulatory programs administered by
38-1 the Texas Department of Health should continue to be administered
38-2 by the department without consolidation or restructuring.
38-3 (b) This section expires December 31, 2000.
38-4 SECTION 3.14. (a) The Health and Human Services Commission
38-5 shall:
38-6 (1) assess the benefits of consolidating support
38-7 services provided to health and human services agencies in agency
38-8 headquarters and in regional offices; and
38-9 (2) develop a proposed plan and schedule for
38-10 colocating offices and consolidating support services in accordance
38-11 with Section 531.0246, Government Code, as added by this Act.
38-12 (b) Not later than September 1, 2000, the Health and Human
38-13 Services Commission shall report the results of the assessment,
38-14 together with the proposed plan and schedule, to the governor, the
38-15 lieutenant governor, the speaker of the house of representatives,
38-16 and the presiding officer of the Health and Human Services
38-17 Legislative Oversight Committee.
38-18 SECTION 3.15. The Health and Human Services Commission, the
38-19 General Services Commission, and the Records Management Interagency
38-20 Coordinating Council shall ensure that information about health
38-21 and human services presented in the format required by Section
38-22 531.0312, Government Code, as amended by this Act, is available for
38-23 publication in residential telephone directories to be distributed
38-24 to the public after December 1, 2000. Not later than December 31,
38-25 2000, the Health and Human Services Commission, the General
38-26 Services Commission, and the Records Management Interagency
38-27 Coordinating Council shall each report to the governor, the
39-1 lieutenant governor, the speaker of the house of representatives,
39-2 and the presiding officer of the Health and Human Services
39-3 Legislative Oversight Committee with respect to the implementation
39-4 of this section.
39-5 SECTION 3.16. Notwithstanding Section 2155.144(o),
39-6 Government Code, as added by this article, the state auditor shall
39-7 conduct initial reviews as necessary to assess compliance under
39-8 that subsection and complete those reviews not later than September
39-9 1, 2001.
39-10 ARTICLE 4. INVESTIGATIONS OF ABUSE AND NEGLECT
39-11 SECTION 4.01. Subchapter B, Chapter 531, Government Code, is
39-12 amended by adding Section 531.053 to read as follows:
39-13 Sec. 531.053. INVESTIGATIONS OF ABUSE AND NEGLECT; UNIFORM
39-14 USE OF TERMS. (a) Each health and human services agency that may
39-15 be required to conduct an investigation of abuse, neglect, or
39-16 exploitation of a client of the agency at a facility operated by or
39-17 under contract with the agency shall use uniform definitions of
39-18 "abuse," "neglect," and "exploitation" adopted by the commission
39-19 under this section.
39-20 (b) The definitions of "abuse," "neglect," and
39-21 "exploitation" adopted under this section must be at least as
39-22 stringent as any definition that would otherwise be applicable to
39-23 the investigation under law.
39-24 SECTION 4.02. Section 261.401, Family Code, is amended to
39-25 read as follows:
39-26 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency
39-27 that operates, licenses, certifies, or registers a facility in
40-1 which children are located shall make a prompt, thorough
40-2 investigation of a report that a child has been or may be abused,
40-3 [or] neglected, or exploited in the facility. The primary purpose
40-4 of the investigation shall be the protection of the child.
40-5 (b) For purposes of an investigation conducted under this
40-6 section, "abuse," "neglect," and "exploitation" have the meanings
40-7 assigned by rules of the Health and Human Services Commission under
40-8 Section 531.053, Government Code. The meanings assigned to "abuse"
40-9 and "neglect" by Section 261.001 do not apply to an investigation
40-10 under this section.
40-11 (c) A state agency shall adopt rules relating to the
40-12 investigation and resolution of reports received as provided by
40-13 this subchapter. The Health and Human Services Commission shall
40-14 review and approve the rules to ensure that all agencies implement
40-15 appropriate standards for the conduct of investigations and that
40-16 uniformity exists among agencies in the investigation and
40-17 resolution of reports.
40-18 SECTION 4.03. Section 48.081, Human Resources Code, is
40-19 amended to read as follows:
40-20 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
40-21 IN COMMUNITY CENTERS. (a) The department shall receive and
40-22 investigate reports of the abuse, neglect, or exploitation of an
40-23 individual:
40-24 (1) receiving services in a facility operated by the
40-25 Texas Department of Mental Health and Mental Retardation; or
40-26 (2) being provided services through a program under
40-27 contract with a facility operated by the Texas Department of Mental
41-1 Health and Mental Retardation.
41-2 (b) The department and the Texas Department of Mental Health
41-3 and Mental Retardation shall develop joint rules to facilitate
41-4 investigations in state mental health and mental retardation
41-5 facilities.
41-6 (c) The department shall receive and investigate a report of
41-7 the alleged abuse, neglect, or exploitation of an individual
41-8 receiving services in a community center or from a program
41-9 providing services under contract with a community center.
41-10 (d) The department shall forward to a state mental health or
41-11 mental retardation facility, a community center, or a program
41-12 providing mental health or mental retardation services under
41-13 contract with such a facility or community center:
41-14 (1) a copy of any report the department receives
41-15 relating to alleged or suspected abuse, neglect, or exploitation of
41-16 an individual receiving services from that facility, community
41-17 center, or program; and
41-18 (2) a copy of the department's investigation findings
41-19 and report.
41-20 (e) The department and the Texas Department of Mental Health
41-21 and Mental Retardation by joint rules shall establish procedures
41-22 for resolving disagreements between the department and the Texas
41-23 Department of Mental Health and Mental Retardation concerning the
41-24 department's investigation findings. A confirmed investigation
41-25 finding by the department may not be changed by a superintendent of
41-26 a state mental health or mental retardation facility or a director
41-27 of a community center.
42-1 (f) After completion of the appeals process, the department
42-2 shall refer a complaint relating to an investigation conducted by
42-3 the department under this section to the department's ombudsman
42-4 office for appropriate action.
42-5 (g) If the department's investigation under this section
42-6 reveals that an elderly or disabled person has been abused by
42-7 another person in a manner that constitutes a criminal offense
42-8 under any law, including Section 22.04, Penal Code, a copy of the
42-9 investigation shall be submitted to the appropriate law enforcement
42-10 agency.
42-11 (h) The department by rule may assign priorities to an
42-12 investigation conducted by the department under this section. The
42-13 primary criterion used by the department in assigning a priority
42-14 must be the risk that a delay in the investigation will impede the
42-15 collection of evidence.
42-16 (i) The department and the Texas Department of Mental Health
42-17 and Mental Retardation shall jointly develop and implement a single
42-18 system to track reports and investigations under this section. To
42-19 facilitate implementation of the system, the department and the
42-20 Texas Department of Mental Health and Mental Retardation shall use
42-21 appropriate methods of measuring the number and outcome of reports
42-22 and investigations under this section.
42-23 (j) For purposes of an investigation conducted under this
42-24 section, "abuse," "neglect," and "exploitation" have the meanings
42-25 assigned by rule of the Health and Human Services Commission under
42-26 Section 531.053, Government Code.
42-27 (k) In this section, "community center" has the meaning
43-1 assigned by Section 531.002, Health and Safety Code.
43-2 SECTION 4.04. (a) To implement Section 531.053, Government
43-3 Code, as added by this Act, the Health and Human Services
43-4 Commission shall identify each health and human services agency
43-5 that may be required to conduct an investigation described by that
43-6 section and shall convene a working group of representatives of
43-7 those agencies. The working group shall develop proposed
43-8 definitions of "abuse," "neglect," and "exploitation" for purposes
43-9 of those investigations not later than June 1, 2000.
43-10 (b) The Health and Human Services Commission shall by rule
43-11 adopt uniform definitions of "abuse," "neglect," and "exploitation"
43-12 not later than August 1, 2000.
43-13 (c) A health and human services agency is not required to
43-14 use the uniform definitions adopted under this section before
43-15 September 1, 2000.
43-16 ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
43-17 SECTION 5.01. Sections 531.122(b) and (d), Government Code,
43-18 are amended to read as follows:
43-19 (b) The advisory board is composed of one representative
43-20 from each of the health and human services regions, as defined by
43-21 the commission, three public representatives, and one
43-22 representative of the Department of Protective and Regulatory
43-23 Services. The representatives of the health and human services
43-24 regions are appointed by a majority vote of the judges of the
43-25 statutory probate courts in each region. If a health and human
43-26 services region does not contain a statutory probate court, the
43-27 representative shall be appointed by a majority vote of the judges
44-1 of the statutory probate courts in the state. The public
44-2 representatives are appointed by the commissioner and the
44-3 representative of the Department of Protective and Regulatory
44-4 Services is appointed by the Board of Protective and Regulatory
44-5 Services.
44-6 (d) A member of the advisory board serves at the pleasure of
44-7 a majority of the judges of the statutory probate courts that
44-8 appointed the member, of the commissioner, or of the Board of
44-9 Protective and Regulatory Services, as appropriate.
44-10 SECTION 5.02. Subchapter D, Chapter 531, Government Code, as
44-11 added by Chapter 1033, Acts of the 75th Legislature, Regular
44-12 Session, 1997, is amended by adding Section 531.1235 to read as
44-13 follows:
44-14 Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE
44-15 GUARDIANSHIP SYSTEM. (a) In addition to performing the duties
44-16 described by Section 531.122, the advisory board shall:
44-17 (1) advise the commission and the Department of
44-18 Protective and Regulatory Services with respect to a statewide
44-19 guardianship program and develop a proposal for a statewide
44-20 guardianship program; and
44-21 (2) review and comment on the guardianship policies of
44-22 all health and human services agencies and recommend changes to the
44-23 policies the advisory board considers necessary or advisable.
44-24 (b) The advisory board shall prepare an annual report with
44-25 respect to the recommendations of the advisory board under
44-26 Subsection (a). The advisory board shall file the report with the
44-27 commission, the Department of Protective and Regulatory Services,
45-1 the governor, the lieutenant governor, and the speaker of the house
45-2 of representatives not later than December 15 of each year.
45-3 SECTION 5.03. Section 531.124, Government Code, is amended
45-4 by adding Subsection (c) to read as follows:
45-5 (c) The advisory board shall annually review and comment on
45-6 the minimum standards adopted under Subsection (a)(1) and the plan
45-7 implemented under Subsection (a)(2) and shall include its
45-8 conclusions in the report submitted under Section 531.1235.
45-9 SECTION 5.04. Not later than October 1, 1999, the Board of
45-10 Protective and Regulatory Services shall appoint the additional
45-11 members of the Guardianship Advisory Board, as required by Section
45-12 531.122, Government Code, as amended by this Act.
45-13 ARTICLE 6. HEALTH AND HUMAN SERVICES OFFICE
45-14 OF COMMUNITY TRANSPORTATION SERVICES
45-15 SECTION 6.01. Chapter 131, Human Resources Code, is amended
45-16 to read as follows:
45-17 CHAPTER 131. HEALTH AND HUMAN SERVICES OFFICE OF COMMUNITY
45-18 TRANSPORTATION SERVICES [AND PLANNING OFFICE]
45-19 Sec. 131.001. OFFICE. The Health and Human Services
45-20 [Transportation and Planning] Office of Community Transportation
45-21 Services is in the Health and Human Services Commission.
45-22 Sec. 131.002. DEFINITIONS. In this chapter:
45-23 (1) "Commissioner" means the commissioner of health
45-24 and human services.
45-25 (2) "Health and human services agency" has the meaning
45-26 assigned by Section 531.001, Government Code.
45-27 (3) "Office" means the Health and Human Services
46-1 Office of Community Transportation Services.
46-2 Sec. 131.003. POWERS AND DUTIES. (a) The office, with
46-3 assistance from the commissioner, shall:
46-4 (1) collect data on health and human services client
46-5 transportation needs, services, and expenditures;
46-6 (2) create a statewide coordination plan regarding a
46-7 system of transportation for clients of health and human services
46-8 agencies that provides for coordinated, community-based services,
46-9 including the designation of local transportation coordinators;
46-10 (3) establish a standardized system [standards] of
46-11 reporting and accounting to be used by [methods for] all health and
46-12 human services agencies providing [health and human services]
46-13 client transportation, and ensure that information reported under
46-14 that system is available through the Texas Information and Referral
46-15 Network;
46-16 (4) maximize federal funds for client transportation
46-17 through the use of available state funds for matching purposes and
46-18 the possible use of oil overcharge money and planning funds
46-19 available through the federal department of transportation;
46-20 (5) evaluate the effectiveness of pooling client
46-21 transportation resources for capital acquisition and the joint
46-22 purchase of liability insurance;
46-23 (6) assist state agencies in coordinating
46-24 transportation resources;
46-25 (7) ensure coordination between the office and the
46-26 Texas Department of Transportation with regard to the use of funds
46-27 received by the department under 49 U.S.C. Section 1612(b)(1);
47-1 (8) examine the feasibility of consolidating all
47-2 funding for health and human services client transportation and
47-3 creating a transportation system through which clients of a state
47-4 or local agency or program could be matched with the most
47-5 cost-effective and appropriate transportation services for their
47-6 needs, including, to the extent practicable, use of private,
47-7 nonprofit entities that provide services at little or no cost
47-8 beyond reimbursement for insurance, fuel, mileage, or other
47-9 expenses that might deter the entities from otherwise providing
47-10 services;
47-11 (9) evaluate the use of existing computer software for
47-12 use at the local level in client transportation services; and
47-13 (10) review the feasibility of taking medical care to
47-14 those in need, including the use of mobile clinics, and review the
47-15 possibility of using federal highway funds for those transportation
47-16 needs.
47-17 (b) The office [Health and Human Services Transportation and
47-18 Planning Office] shall coordinate with the Health and Human
47-19 Services Commission and health and human services agencies in
47-20 implementing the goals listed in Section 531.022(c), Government
47-21 Code [10(b), Article 4413(502), Revised Statutes]. The office
47-22 shall report its findings and proposals to the governor, the
47-23 Legislative Budget Board, the secretary of state, and the
47-24 commissioner [of health and human services] not later than
47-25 September 1 of each even-numbered year.
47-26 Sec. 131.004 [131.003]. OFFICE STAFF. The commissioner [of
47-27 health and human services] shall employ staff needed to carry out
48-1 the duties of the office.
48-2 Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
48-3 and human services agency that provides, purchases, or otherwise
48-4 funds transportation services for clients shall:
48-5 (1) comply with the standardized system of reporting
48-6 and accounting established by the office under Section
48-7 131.003(a)(3);
48-8 (2) make any changes to agency data collection systems
48-9 that are necessary to enable the agency to comply with the
48-10 standardized system; and
48-11 (3) not later than August 31 of each year, submit to
48-12 the office a report relating to transportation services that
48-13 complies with the standardized system.
48-14 Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION PLAN.
48-15 In order to implement the statewide coordination plan created by
48-16 the office under Section 131.003(a)(2), the office shall:
48-17 (1) review rules, policies, contracts, grants, and
48-18 funding mechanisms relating to transportation services of each
48-19 health and human services agency that provides, purchases, or
48-20 otherwise funds transportation services for clients to determine
48-21 whether the rules, policies, contracts, grants, and funding
48-22 mechanisms are consistent with the plan;
48-23 (2) make recommendations for revisions to rules,
48-24 policies, contracts, grants, and funding mechanisms determined
48-25 under Subdivision (1) to be inconsistent with the plan; and
48-26 (3) not later than September 30 of each even-numbered
48-27 year, submit a report by electronic mail and by hand delivery to
49-1 the governor, the secretary of state, the Legislative Budget
49-2 Board, and the commissioner relating to the results of the review
49-3 conducted by the office under this section.
49-4 Sec. 131.007. ADVISORY COMMITTEE ON COORDINATED
49-5 TRANSPORTATION. The office may create an advisory committee
49-6 consisting of representatives of state agencies, transportation
49-7 agencies, and nonprofit consumer groups.
49-8 SECTION 6.02. Not later than January 1, 2001, the Health and
49-9 Human Services Office of Community Transportation Services and the
49-10 Commissioner of Health and Human Services shall create the
49-11 statewide coordination plan required by Section 131.003(a)(2),
49-12 Human Resources Code, as amended by this article.
49-13 ARTICLE 7. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
49-14 SECTION 7.01. Subchapter B, Chapter 481, Government Code, is
49-15 amended by adding Section 481.025 to read as follows:
49-16 Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY
49-17 PROGRAM. The department is the agency of this state responsible
49-18 for administering the Empowerment Zone and Enterprise Community
49-19 grant program in this state. The department shall cooperate with
49-20 appropriate federal and local agencies as necessary to administer
49-21 the grant program.
49-22 SECTION 7.02 Effective September 1, 1999, administration of
49-23 the Empowerment Zone and Enterprise Community grant program in this
49-24 state is transferred from the Health and Human Services Commission
49-25 to the Texas Department of Economic Development. The commissioner
49-26 of health and human services and the governing board of the Texas
49-27 Department of Economic Development shall enter into a memorandum of
50-1 understanding as necessary to implement the transfer required by
50-2 this section.
50-3 ARTICLE 8. HEALTH CARE INFORMATION COUNCIL
50-4 SECTION 8.01. Section 531.001(4), Government Code, is
50-5 amended to read as follows:
50-6 (4) "Health and human services agencies" includes the:
50-7 (A) Interagency Council on Early Childhood
50-8 Intervention [Services];
50-9 (B) Texas Department on Aging;
50-10 (C) Texas Commission on Alcohol and Drug Abuse;
50-11 (D) Texas Commission for the Blind;
50-12 (E) Texas Commission for the Deaf and Hard of
50-13 Hearing;
50-14 (F) Texas Department of Health;
50-15 (G) Texas Department of Human Services;
50-16 (H) Texas Juvenile Probation Commission;
50-17 (I) Texas Department of Mental Health and Mental
50-18 Retardation;
50-19 (J) Texas Rehabilitation Commission; [and]
50-20 (K) Department of Protective and Regulatory
50-21 Services; and
50-22 (L) Texas Health Care Information Council.
50-23 SECTION 8.02. Section 108.002(4), Health and Safety Code, is
50-24 amended to read as follows:
50-25 (4) "Data" means information collected under Section
50-26 108.0065 or 108.009 in the form initially received.
50-27 SECTION 8.03. Chapter 108, Health and Safety Code, is
51-1 amended by adding Section 108.0065 to read as follows:
51-2 Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO
51-3 MEDICAID MANAGED CARE. (a) In this section:
51-4 (1) "Commission" means the Health and Human Services
51-5 Commission.
51-6 (2) "Medicaid managed care organization" means a
51-7 managed care organization, as defined by Section 533.001,
51-8 Government Code, that is contracting with the commission to
51-9 implement the Medicaid managed care program under Chapter 533,
51-10 Government Code.
51-11 (b) The council, in consultation with the commission, shall
51-12 collect data under this chapter with respect to Medicaid managed
51-13 care organizations. The council may coordinate the collection of
51-14 the data with the collection of data for health benefit plan
51-15 providers, but may collect data in addition to the data otherwise
51-16 required of health benefit plan providers.
51-17 (c) Each Medicaid managed care organization shall provide
51-18 the data required by the council in the form required by the
51-19 council.
51-20 (d) Dissemination of data collected under this section is
51-21 subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014,
51-22 and 108.0141.
51-23 (e) The council, in consultation with the commission, shall
51-24 analyze the data collected in accordance with this section and
51-25 shall use the data to:
51-26 (1) evaluate the effectiveness and efficiency of the
51-27 Medicaid managed care system;
52-1 (2) determine the extent to which Medicaid managed
52-2 care does or does not serve the needs of Medicaid recipients in
52-3 this state; and
52-4 (3) assess the cost-effectiveness of the Medicaid
52-5 managed care system in comparison to the fee-for-service system,
52-6 considering any improvement in the quality of care provided.
52-7 (f) Not later than December 15 of each even-numbered year,
52-8 the council shall report to the commission, the governor, the
52-9 lieutenant governor, and the speaker of the house of
52-10 representatives with respect to:
52-11 (1) the council's conclusions under Subsection (e) and
52-12 any improvement made in the delivery of services under the Medicaid
52-13 managed care system since the date of the council's last report
52-14 under this section;
52-15 (2) recommendations for implementation by the state
52-16 agencies operating the Medicaid managed care system for improvement
52-17 to the Medicaid managed care system; and
52-18 (3) any recommendations for legislation.
52-19 (g) The report made under Subsection (f) may be consolidated
52-20 with any report made under Section 108.006(a)(9).
52-21 SECTION 8.04. Not later than December 15, 1999, the Texas
52-22 Health Care Information Council, in consultation with the Health
52-23 and Human Services Commission and the presiding officer of the
52-24 Health and Human Services Legislative Oversight Committee, shall
52-25 develop a plan for implementing the council's duties under Section
52-26 108.0065, Health and Safety Code, as added by this Act.
52-27 ARTICLE 9. LEGISLATIVE OVERSIGHT
53-1 SECTION 9.01. Chapter 531, Government Code, is amended by
53-2 adding Subchapter E to read as follows:
53-3 SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
53-4 Sec. 531.171. DEFINITION. In this subchapter, "committee"
53-5 means the Health and Human Services Legislative Oversight
53-6 Committee.
53-7 Sec. 531.172. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
53-8 (a) The committee is composed of:
53-9 (1) six persons who are members of the senate or the
53-10 lieutenant governor, appointed by the lieutenant governor; and
53-11 (2) six persons who are members of the house of
53-12 representatives, one of whom may be the speaker of the house of
53-13 representatives, appointed by the speaker of the house of
53-14 representatives.
53-15 (b) A member of the committee serves at the pleasure of the
53-16 appointing official.
53-17 Sec. 531.173. COMMITTEE POWERS AND DUTIES. (a) The
53-18 committee shall:
53-19 (1) meet at the call of the presiding officer;
53-20 (2) monitor the commission's implementation of Section
53-21 531.0055 and the commission's other duties in consolidating and
53-22 integrating health and human services to ensure implementation
53-23 consistent with law;
53-24 (3) recommend, as needed, adjustments to the
53-25 implementation of Section 531.0055 and the commission's other
53-26 duties in consolidating and integrating health and human services;
53-27 and
54-1 (4) collect, analyze, and report information relating
54-2 to the health and human services system in this state, including
54-3 information relating to statewide health and human services needs.
54-4 (b) At the committee's request, the commission shall
54-5 provide:
54-6 (1) staff and resources to support the committee,
54-7 including sufficient resources to analyze the committee's
54-8 recommendations with respect to the health and human services
54-9 system and to propose additional changes consistent with the
54-10 objectives and directives of the committee;
54-11 (2) information as requested by the committee; and
54-12 (3) an annual plan that addresses the topics
54-13 identified by the committee.
54-14 (c) At the committee's request, a health and human services
54-15 agency shall:
54-16 (1) provide information to the committee relating to
54-17 the health and human services system; and
54-18 (2) report on agency progress in implementing
54-19 statutory directives identified by the committee and the directives
54-20 of the commission.
54-21 (d) The committee may also use staff of standing committees
54-22 in the senate and the house of representatives with appropriate
54-23 jurisdiction, the Department of Information Resources, the state
54-24 auditor, the Texas Legislative Council, and the Legislative Budget
54-25 Board in carrying out its responsibilities.
54-26 Sec. 531.174. REPORT. (a) The committee shall report to
54-27 the governor, the lieutenant governor, and the speaker of the house
55-1 of representatives not later than December 31 of each year.
55-2 (b) The report must include:
55-3 (1) identification of significant problems in the
55-4 implementation of Section 531.0055 and the commission's other
55-5 duties in consolidating and integrating health and human services,
55-6 with recommendations for action by the commissioner;
55-7 (2) the status of the implementation of Section
55-8 531.0055 and the commission's other duties in consolidating and
55-9 integrating health and human services; and
55-10 (3) recommendations for legislative action, including
55-11 legislation to further consolidate health and human services agency
55-12 functions as appropriate.
55-13 Sec. 531.175. DURATION OF COMMITTEE. The committee is
55-14 abolished September 1, 2001.
55-15 ARTICLE 10. REPEALER; EFFECTIVE DATE; EMERGENCY
55-16 SECTION 10.01. The following laws are repealed:
55-17 (1) Section 441.053(k), Government Code; and
55-18 (2) Section 531.0272, Government Code.
55-19 SECTION 10.02. This Act takes effect September 1, 1999.
55-20 SECTION 10.03. The importance of this legislation and the
55-21 crowded condition of the calendars in both houses create an
55-22 emergency and an imperative public necessity that the
55-23 constitutional rule requiring bills to be read on three several
55-24 days in each house be suspended, and this rule is hereby suspended.