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.