By Gray H.B. No. 2641
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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,
2-1 one part of which must require the intra-agency posting of all
2-2 non-entry-level positions concurrently with any public posting.
2-3 (c) The commissioner or the commissioner's designated
2-4 representative shall develop a system of annual performance
2-5 evaluations based on measurable job tasks. All merit pay for
2-6 commission employees must be based on the system established under
2-7 this subsection.
2-8 (d) The commissioner shall provide to commission employees
2-9 as often as is necessary information regarding their qualifications
2-10 under this chapter and their responsibilities under applicable laws
2-11 relating to standards of conduct for state employees.
2-12 (e) The commissioner or the commissioner's designated
2-13 representative shall prepare and maintain a written policy
2-14 statement that implements [to ensure implementation of] a program
2-15 of equal employment opportunity to ensure that [under which] all
2-16 personnel transactions are made without regard to race, color,
2-17 disability, sex, religion, age, or national origin.
2-18 (f) The policy statement described by Subsection (e) must
2-19 include:
2-20 (1) personnel policies, including policies relating to
2-21 recruitment, evaluation, selection, [appointment,] training, and
2-22 promotion of personnel, that show the intent of the commission to
2-23 avoid the unlawful employment practices described by Chapter 21,
2-24 Labor Code; and
2-25 (2) an analysis of the extent to which the composition
3-1 of the commission's personnel is in accordance with state and
3-2 federal law and a description of reasonable methods to achieve
3-3 compliance with state and federal law [a comprehensive analysis of
3-4 the commission workforce that meets federal and state guidelines;]
3-5 [(3) procedures by which a determination can be made
3-6 of significant underuse in the commission workforce of all persons
3-7 for whom federal or state guidelines encourage a more equitable
3-8 balance; and]
3-9 [(4) reasonable methods to appropriately address areas
3-10 of significant underuse in the commission workforce of all persons
3-11 for whom federal or state guidelines encourage a more equitable
3-12 balance].
3-13 (g) The policy statement described by Subsection (e) must:
3-14 (1) be updated annually;
3-15 (2) be reviewed by the state Commission on Human
3-16 Rights for compliance with Subsection (f)(1); and
3-17 (3) be filed with the governor's office.
3-18 SECTION 1.03. Section 531.011, Government Code, is amended
3-19 by adding Subsection (g) to read as follows:
3-20 (g) In addition to the information file maintained under
3-21 Subsection (e), the commission shall maintain an information file
3-22 on a complaint received by the commission relating to any matter or
3-23 agency under the jurisdiction of the commission.
3-24 SECTION 1.04. Subchapter A, Chapter 531, Government Code, is
3-25 amended by adding Section 531.014 to read as follows:
4-1 Sec. 531.014. CONSOLIDATION OF REPORTS. The commission may
4-2 consolidate any annual or biennial reports required to be made
4-3 under this chapter or another law if:
4-4 (1) the consolidated report is submitted not later
4-5 than the earliest deadline for the submission of any component of
4-6 the consolidated report; and
4-7 (2) each person required to receive a component of the
4-8 consolidated report receives the consolidated report and the
4-9 consolidated report identifies the component of the report the
4-10 person was required to receive.
4-11 ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES
4-12 SECTION 2.01. Subchapter A, Chapter 531, Government Code, is
4-13 amended by adding Section 531.0055 to read as follows:
4-14 Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO
4-15 CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) In
4-16 this section:
4-17 (1) "Agency director" means the director, executive
4-18 director, or commissioner of a health and human services agency.
4-19 (2) "Policymaking body" means the board or commission
4-20 with policymaking authority over a health and human services
4-21 agency.
4-22 (b) The commission shall:
4-23 (1) supervise the administration and operation of the
4-24 Medicaid program, including the administration and operation of the
4-25 Medicaid managed care system in accordance with Section 531.021;
5-1 (2) supervise information systems planning and
5-2 management for health and human services agencies under Section
5-3 531.0273;
5-4 (3) manage and distribute all federal funds received
5-5 by a health and human services agency in accordance with Section
5-6 531.028; and
5-7 (4) implement Texas Integrated Enrollment Services as
5-8 required by Subchapter F.
5-9 (c) After implementation of the commission's duties under
5-10 Subsection (b), the commission shall implement the powers and
5-11 duties given to the commission under Sections 531.0246, 531.0247,
5-12 2155.144, as added by Chapter 1045, Acts of the 75th Legislature,
5-13 Regular Session, 1997, and 2167.004.
5-14 (d) After implementation of the commission's duties under
5-15 Subsections (b) and (c), the commission shall implement the powers
5-16 and duties given to the commission under Section 531.0248.
5-17 (e) Notwithstanding any other law, the commissioner, as
5-18 necessary to perform the functions described by Subsections (b),
5-19 (c), and (d) in implementation of the policies established by each
5-20 agency's policymaking body, shall:
5-21 (1) manage and direct the operations of each health
5-22 and human services agency; and
5-23 (2) supervise and direct the activities of each agency
5-24 director.
5-25 (f) The operational authority of the commissioner for
6-1 purposes of Subsection (e) at each health and human services agency
6-2 includes authority over the:
6-3 (1) management of the daily operations of the agency,
6-4 including the organization and management of the agency and agency
6-5 operating procedures;
6-6 (2) allocation of resources within the agency,
6-7 including use of federal funds received by the agency;
6-8 (3) personnel and employment policies;
6-9 (4) contracting, purchasing, and related policies,
6-10 subject to this chapter and other laws relating to contracting and
6-11 purchasing by a state agency;
6-12 (5) information resources systems used by the agency;
6-13 (6) location of agency facilities; and
6-14 (7) coordination of agency activities with activities
6-15 of other state agencies, including other health and human services
6-16 agencies.
6-17 (g) Notwithstanding any other law, the operational authority
6-18 of the commissioner for purposes of Subsection (e) at each health
6-19 and human services agency includes the authority to adopt or
6-20 approve, subject to applicable limitations, any rate of payment or
6-21 similar provision required by law to be adopted or approved by the
6-22 agency.
6-23 (h) For each health and human services agency, the
6-24 commissioner shall implement a program to evaluate and supervise
6-25 the daily operations of the agency. The program must include
7-1 measurable performance objectives for each agency director and
7-2 adequate reporting requirements to permit the commissioner to
7-3 perform the duties assigned to the commissioner under this section.
7-4 (i) To facilitate the operations of a health and human
7-5 services agency in accordance with this section, the commissioner
7-6 may delegate a specific power or duty given under Subsection (f) or
7-7 (g) to an agency director.
7-8 (j) The commissioner may adopt rules to implement the
7-9 commissioner's authority under this section.
7-10 (k) The commissioner and each agency director shall enter
7-11 into a memorandum of understanding that:
7-12 (1) clearly defines the responsibilities of the agency
7-13 director and the commissioner;
7-14 (2) establishes the program of evaluation and
7-15 supervision of daily operations required by Subsection (h); and
7-16 (3) describes each delegation of a power or duty made
7-17 under Subsection (i).
7-18 (l) Notwithstanding any other provision of this section, a
7-19 policymaking body has the authority provided by law to adopt
7-20 policies and rules governing the delivery of services to persons
7-21 who are served by the agency and the rights and duties of persons
7-22 who are served or regulated by the agency. The commissioner and
7-23 each policymaking body shall enter into a memorandum of
7-24 understanding that clearly defines:
7-25 (1) the policymaking authority of the policymaking
8-1 body; and
8-2 (2) the operational authority of the commissioner.
8-3 SECTION 2.02. Section 21.004(b), Human Resources Code, is
8-4 amended to read as follows:
8-5 (b) The commissioner is appointed by the board with the
8-6 concurrence of the commissioner of health and human services and
8-7 the approval of the governor. The commissioner [and] serves at the
8-8 pleasure of the board.
8-9 SECTION 2.03. Chapter 22, Human Resources Code, is amended
8-10 by adding Section 22.0001 to read as follows:
8-11 Sec. 22.0001. 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 commissioner as
8-14 provided by Section 531.0055, Government Code. To the extent a
8-15 power or duty given to the board or commissioner by this title or
8-16 another law conflicts with Section 531.0055, Government Code,
8-17 Section 531.0055 controls.
8-18 SECTION 2.04. Section 40.027(a), Human Resources Code, is
8-19 amended to read as follows:
8-20 (a) The board shall appoint [employ] the executive director
8-21 with the concurrence of the commissioner of health and human
8-22 services and the approval of the governor. The executive director
8-23 serves at the pleasure of the board.
8-24 SECTION 2.05. Subchapter C, Chapter 40, Human Resources
8-25 Code, is amended by adding Section 40.0505 to read as follows:
9-1 Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
9-2 AND HUMAN SERVICES. The commissioner of health and human services
9-3 has the powers and duties relating to the board and executive
9-4 director as provided by Section 531.0055, Government Code. To the
9-5 extent a power or duty given to the board or executive director by
9-6 this chapter or another law conflicts with Section 531.0055,
9-7 Government Code, Section 531.0055 controls.
9-8 SECTION 2.06. Chapter 73, Human Resources Code, is amended
9-9 by adding Section 73.0045 to read as follows:
9-10 Sec. 73.0045. 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 board and the executive
9-13 director of the board as provided by Section 531.0055, Government
9-14 Code. To the extent a power or duty given to the board or
9-15 executive director by this chapter or another law conflicts with
9-16 Section 531.0055, Government Code, Section 531.0055 controls.
9-17 SECTION 2.07. Section 73.0052(b), Human Resources Code, is
9-18 amended to read as follows:
9-19 (b) The board shall appoint [employ] an executive director
9-20 with the concurrence of the commissioner of health and human
9-21 services and the approval of the governor. The executive director
9-22 serves at the pleasure of the board. The [, and the] executive
9-23 director shall establish necessary administrative units, and hire
9-24 other necessary employees.
9-25 SECTION 2.08. Chapter 81, Human Resources Code, is amended
10-1 by adding Section 81.0055 to read as follows:
10-2 Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-3 AND HUMAN SERVICES. The commissioner of health and human services
10-4 has the powers and duties relating to the commission and the
10-5 executive director of the commission as provided by Section
10-6 531.0055, Government Code. To the extent a power or duty given to
10-7 the commission or executive director by this chapter or another law
10-8 conflicts with Section 531.0055, Government Code, Section 531.0055
10-9 controls.
10-10 SECTION 2.09. Section 81.008(a), Human Resources Code, is
10-11 amended to read as follows:
10-12 (a) The commission shall appoint an executive director with
10-13 the concurrence of the commissioner of health and human services
10-14 and the approval of the governor. The executive director serves at
10-15 the pleasure of the commission.
10-16 SECTION 2.10. Section 91.012(a), Human Resources Code, is
10-17 amended to read as follows:
10-18 (a) The commission shall [annually] appoint an executive
10-19 director with the concurrence of the commissioner of health and
10-20 human services and the approval of the governor. The executive
10-21 director serves at the pleasure of the commission.
10-22 SECTION 2.11. Subchapter C, Chapter 91, Human Resources
10-23 Code, is amended by adding Section 91.0205 to read as follows:
10-24 Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-25 AND HUMAN SERVICES. The commissioner of health and human services
11-1 has the powers and duties relating to the commission and executive
11-2 director as provided by Section 531.0055, Government Code. To the
11-3 extent a power or duty given to the commission or executive
11-4 director by this chapter or another law conflicts with Section
11-5 531.0055, Government Code, Section 531.0055 controls.
11-6 SECTION 2.12. Section 101.004(a), Human Resources Code, is
11-7 amended to read as follows:
11-8 (a) The board shall appoint an executive director of aging
11-9 with the concurrence of the commissioner of health and human
11-10 services and the approval of the governor. The executive director
11-11 shall discharge all executive and administrative functions of the
11-12 department. The executive director must be a person with executive
11-13 ability and experience in the area of aging. The executive
11-14 director serves at the pleasure of the board.
11-15 SECTION 2.13. Subchapter B, Chapter 101, Human Resources
11-16 Code, is amended by adding Section 101.0205 to read as follows:
11-17 Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-18 AND HUMAN SERVICES. The commissioner of health and human services
11-19 has the powers and duties relating to the board and executive
11-20 director as provided by Section 531.0055, Government Code. To the
11-21 extent a power or duty given to the board or executive director by
11-22 this chapter or another law conflicts with Section 531.0055,
11-23 Government Code, Section 531.0055 controls.
11-24 SECTION 2.14. Section 111.017, Human Resources Code, is
11-25 amended to read as follows:
12-1 Sec. 111.017. COMMISSIONER. This chapter is administered by
12-2 the commissioner under operational policies established by the
12-3 board. The commissioner is appointed by the board, with the
12-4 concurrence of the commissioner of health and human services and
12-5 the approval of the governor, on the basis of education, training,
12-6 experience, and demonstrated ability. The commissioner serves at
12-7 the pleasure of the board and is secretary to the board, as well as
12-8 chief administrative officer of the agency.
12-9 SECTION 2.15. Subchapter C, Chapter 111, Human Resources
12-10 Code, is amended by adding Section 111.0505 to read as follows:
12-11 Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-12 AND HUMAN SERVICES. The commissioner of health and human services
12-13 has the powers and duties relating to the commission and
12-14 commissioner as provided by Section 531.0055, Government Code. To
12-15 the extent a power or duty given to the commission or commissioner
12-16 by this chapter or another law conflicts with Section 531.0055,
12-17 Government Code, Section 531.0055 controls.
12-18 SECTION 2.16. Subchapter C, Chapter 141, Human Resources
12-19 Code, is amended by adding Section 141.0405 to read as follows:
12-20 Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-21 AND HUMAN SERVICES. The commissioner of health and human services
12-22 has the powers and duties relating to the commission and director
12-23 as provided by Section 531.0055, Government Code. To the extent a
12-24 power or duty given to the commission or director by this chapter
12-25 or another law conflicts with Section 531.0055, Government Code,
13-1 Section 531.0055 controls.
13-2 SECTION 2.17. Section 11.012(a), Health and Safety Code, is
13-3 amended to read as follows:
13-4 (a) The board shall appoint [employ] the commissioner with
13-5 the concurrence of the commissioner of health and human services
13-6 and the approval of the governor. The commissioner serves at the
13-7 will of the board.
13-8 SECTION 2.18. Subchapter A, Chapter 12, Health and Safety
13-9 Code, is amended by adding Section 12.0001 to read as follows:
13-10 Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-11 AND HUMAN SERVICES. The commissioner of health and human services
13-12 has the powers and duties relating to the board and commissioner as
13-13 provided by Section 531.0055, Government Code. To the extent a
13-14 power or duty given to the board or commissioner by this title or
13-15 another law conflicts with Section 531.0055, Government Code,
13-16 Section 531.0055 controls.
13-17 SECTION 2.19. Section 461.011(a), Health and Safety Code, is
13-18 amended to read as follows:
13-19 (a) The commission shall appoint [employ] an executive
13-20 director with the concurrence of the commissioner of health and
13-21 human services and the approval of the governor. The executive
13-22 director shall hire other necessary employees.
13-23 SECTION 2.20. Chapter 461, Health and Safety Code, is
13-24 amended by adding Section 461.0115 to read as follows:
13-25 Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
14-1 AND HUMAN SERVICES. The commissioner of health and human services
14-2 has the powers and duties relating to the commission and executive
14-3 director as provided by Section 531.0055, Government Code. To the
14-4 extent a power or duty given to the commission or executive
14-5 director by this chapter or another law conflicts with Section
14-6 531.0055, Government Code, Section 531.0055 controls.
14-7 SECTION 2.21. Section 532.011(a), Health and Safety Code, is
14-8 amended to read as follows:
14-9 (a) The board shall appoint a commissioner with the
14-10 concurrence of the commissioner of health and human services and
14-11 the approval of the governor.
14-12 SECTION 2.22. Subchapter A, Chapter 533, Health and Safety
14-13 Code, is amended by adding Section 533.0001 to read as follows:
14-14 Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
14-15 AND HUMAN SERVICES. The commissioner of health and human services
14-16 has the powers and duties relating to the board and commissioner as
14-17 provided by Section 531.0055, Government Code. To the extent a
14-18 power or duty given to the board or commissioner by this title or
14-19 another law conflicts with Section 531.0055, Government Code,
14-20 Section 531.0055 controls.
14-21 SECTION 2.23. (a) In this section, "agency director" has
14-22 the meaning assigned by Section 531.0055, Government Code, as added
14-23 by this Act.
14-24 (b) An agency director serving on the effective date of this
14-25 Act continues to serve in that position until the expiration of the
15-1 term of that person's appointment or employment or until removed
15-2 from the position as provided by law. A vacancy in the position of
15-3 an agency director that occurs on or after the effective date of
15-4 this Act shall be filled by the respective appointing authority
15-5 with the concurrence of the commissioner of health and human
15-6 services and the approval of the governor as required by the change
15-7 in law made by this Act.
15-8 ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH
15-9 AND HUMAN SERVICES COMMISSION
15-10 SECTION 3.01. Section 531.021(b), Government Code, is
15-11 amended to read as follows:
15-12 (b) The commission shall:
15-13 (1) plan and direct the Medicaid program in each
15-14 agency that operates a portion of the Medicaid program, including
15-15 the management of the Medicaid managed care system and the
15-16 development, procurement, management, and monitoring of contracts
15-17 necessary to implement the Medicaid managed care system;
15-18 (2) adopt [is responsible for adopting] reasonable
15-19 rules and standards governing the determination of fees, charges,
15-20 and rates for medical assistance payments under Chapter 32, Human
15-21 Resources Code, in consultation[. In adopting these rules and
15-22 standards, the commission shall consult] with the agencies that
15-23 operate the Medicaid program; and
15-24 (3) evaluate the Medicaid managed care system in
15-25 conjunction with the Texas Health Care Information Council under
16-1 Section 108.0065, Health and Safety Code.
16-2 SECTION 3.02. Subchapter B, Chapter 531, Government Code, is
16-3 amended by adding Sections 531.0246, 531.0247, 531.0248, and
16-4 531.0249 to read as follows:
16-5 Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN
16-6 SERVICES AGENCIES. Subject to Section 531.0055(c), the commission
16-7 may require a health and human services agency, under the direction
16-8 of the commission, to:
16-9 (1) locate all or a portion of the agency's employees
16-10 and programs in the same building as another health and human
16-11 services agency or at a location near or adjacent to the location
16-12 of another health and human services agency; and
16-13 (2) consolidate agency support services, including
16-14 clerical and administrative support services and information
16-15 resources support services, with support services provided to or by
16-16 another health and human services agency.
16-17 Sec. 531.0247. ANNUAL PLAN. Subject to Section 531.0055(c),
16-18 the commission shall develop and implement an annual services plan
16-19 for each health and human services region that establishes
16-20 performance objectives for all health and human services agencies
16-21 providing services in the region and measures agency effectiveness
16-22 and efficiency in achieving those objectives.
16-23 Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. (a)
16-24 Subject to Section 531.0055(d), the commission shall assist
16-25 communities in this state in developing comprehensive,
17-1 community-based support systems for health and human services. At
17-2 the request of a community, the commission shall provide resources
17-3 and assistance to the community to enable the community to:
17-4 (1) identify and overcome institutional barriers to
17-5 developing more comprehensive community support systems, including
17-6 barriers that result from the policies and procedures of state
17-7 health and human services agencies; and
17-8 (2) develop a system of blended funds to allow the
17-9 community to customize services to fit individual community needs.
17-10 (b) At the request of the commission, a health and human
17-11 services agency shall provide resources and assistance to a
17-12 community as necessary to perform the commission's duties under
17-13 Subsection (a).
17-14 (c) A health and human services agency that receives or
17-15 develops a proposal for a community initiative shall submit the
17-16 initiative to the commission for review and approval. The
17-17 commission shall review the initiative to ensure that the
17-18 initiative is consistent with other similar programs offered in
17-19 communities and does not duplicate other services provided in the
17-20 community.
17-21 (d) In implementing this section, the commission shall
17-22 consider models used in other service delivery systems, including
17-23 the mental health and mental retardation service delivery system.
17-24 Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL
17-25 ENTITIES. (a) The commission shall appoint an advisory committee
18-1 composed of representatives of governmental entities identified
18-2 under Section 531.022(e).
18-3 (b) The advisory committee:
18-4 (1) shall advise the commission with respect to
18-5 establishing flexible and responsive strategies for blending
18-6 federal, state, and other available funding sources to meet local
18-7 program needs and service priorities, in implementation of Sections
18-8 531.022, 531.024, and 531.0248; and
18-9 (2) may assist the commission in performing its other
18-10 functions under Sections 531.022, 531.024, 531.0248, and
18-11 531.028(b)(6).
18-12 (c) A member of the advisory committee may not receive
18-13 compensation, but is entitled to reimbursement of the travel
18-14 expenses incurred by the member while conducting the business of
18-15 the committee, as provided by the General Appropriations Act.
18-16 (d) The advisory committee is not subject to Chapter 2110.
18-17 SECTION 3.03. Section 531.0273, Government Code, is amended
18-18 to read as follows:
18-19 Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
18-20 MANAGEMENT; ADVISORY COMMITTEE [AUTOMATED SYSTEMS]. (a) The
18-21 commission is responsible for strategic planning for information
18-22 resources at each health and human services agency and shall direct
18-23 the management of information resources at each health and human
18-24 services agency. The commission shall:
18-25 (1) develop a coordinated strategic plan for
19-1 information resources management that:
19-2 (A) covers a five-year period;
19-3 (B) defines objectives for information resources
19-4 management at each health and human services agency;
19-5 (C) prioritizes information resources projects
19-6 and implementation of new technology for all health and human
19-7 services agencies;
19-8 (D) integrates planning and development of each
19-9 information resources system used by a health and human services
19-10 agency into a coordinated information resources management planning
19-11 and development system established by the commission;
19-12 (E) establishes standards for information
19-13 resources system security and that promotes the ability of
19-14 information resources systems to operate with each other; and
19-15 (F) achieves economies of scale and related
19-16 benefits in purchasing for health and human services information
19-17 resources systems;
19-18 (2) establish information resources management
19-19 policies, procedures, and technical standards and ensure compliance
19-20 with those policies, procedures, and standards; and
19-21 (3) review and approve the information resources
19-22 management and biennial operating plan of each health and human
19-23 services agency.
19-24 (b) Not later than December 15 of each even-numbered year,
19-25 the commission shall file the coordinated information resources
20-1 strategic plan with the governor, the lieutenant governor, and the
20-2 speaker of the house of representatives.
20-3 (c) A health and human services agency may not submit its
20-4 plans to the Department of Information Resources under Subchapter
20-5 E, Chapter 2054, until those plans are approved by the commission.
20-6 (d) The commission shall appoint an advisory committee
20-7 composed of:
20-8 (1) information resources managers for state agencies
20-9 and for private employers; and
20-10 (2) the directors, executive directors, and
20-11 commissioners of health and human services agencies.
20-12 (e) The advisory committee appointed under Subsection (d)
20-13 shall advise the commission with respect to the implementation of
20-14 the commission's duties under Subsection (a)(1) and:
20-15 (1) shall advise the commission about:
20-16 (A) overall goals and objectives for information
20-17 resources management for all health and human services agencies;
20-18 (B) coordination of agency information resources
20-19 management plans;
20-20 (C) development of short-term and long-term
20-21 strategies for:
20-22 (i) implementing information resources
20-23 management policies, procedures, and technical standards; and
20-24 (ii) ensuring compatibility of information
20-25 resources systems across health and human services agencies as
21-1 technology changes;
21-2 (D) information resources training and skill
21-3 development for health and human services agency employees and
21-4 policies to facilitate recruitment and retention of trained
21-5 employees;
21-6 (E) standards for determining:
21-7 (i) the circumstances in which obtaining
21-8 information resources services under contract is appropriate;
21-9 (ii) the information resources services
21-10 functions that must be performed by health and human services
21-11 agency information resources services employees; and
21-12 (iii) the information resources services
21-13 skills that must be maintained by health and human services agency
21-14 information resources services employees;
21-15 (F) optimization of the use of information
21-16 resources technology that is in place at health and human services
21-17 agencies; and
21-18 (G) existing and potential future information
21-19 resources technologies and practices and the usefulness of those
21-20 technologies and practices to health and human services agencies;
21-21 and
21-22 (2) shall review and make recommendations to the
21-23 commission relating to the consolidation and improved efficiency of
21-24 information resources management functions, including:
21-25 (A) cooperative leasing of information resources
22-1 systems equipment;
22-2 (B) consolidation of data centers;
22-3 (C) improved network operations;
22-4 (D) technical support functions, including help
22-5 desk services, call centers, and data warehouses;
22-6 (E) administrative applications;
22-7 (F) purchases of standard software;
22-8 (G) joint training efforts;
22-9 (H) recruitment and retention of trained agency
22-10 employees;
22-11 (I) video conferencing; and
22-12 (J) other related opportunities for improved
22-13 efficiency.
22-14 (f) A member of the advisory committee may not receive
22-15 compensation, but is entitled to reimbursement of the travel
22-16 expenses incurred by the member while conducting the business of
22-17 the committee, as provided by the General Appropriations Act.
22-18 (g) The advisory committee is not subject to Chapter 2110.
22-19 SECTION 3.04. Section 531.028, Government Code, is amended
22-20 to read as follows:
22-21 Sec. 531.028. MANAGEMENT AND DISTRIBUTION OF FUNDS. (a)
22-22 The commission shall manage and distribute all federal funds
22-23 received by health and human services agencies.
22-24 (b) The commissioner shall establish a federal money
22-25 management system to coordinate and monitor the use of federal
23-1 money that is received by health and human services agencies to
23-2 ensure that the money is spent in the most efficient manner and
23-3 shall:
23-4 (1) establish priorities for use of federal money by
23-5 all health and human services agencies, in coordination with the
23-6 coordinated strategic plan established under Section 531.022 and
23-7 the budget prepared under Section 531.026;
23-8 (2) coordinate and monitor the use of federal money
23-9 for health and human services to ensure that the money is spent in
23-10 the most cost-effective manner throughout the health and human
23-11 services system;
23-12 (3) review and approve all federal funding plans for
23-13 health and human services in this state;
23-14 (4) estimate available federal money, including earned
23-15 federal money, and monitor unspent money;
23-16 (5) ensure that the state meets federal requirements
23-17 relating to receipt of federal money for health and human services,
23-18 including requirements relating to state matching money and
23-19 maintenance of effort;
23-20 (6) transfer appropriated amounts, within the limits
23-21 established by the General Appropriations Act, to enhance the
23-22 receipt of federal money and the delivery of health and human
23-23 services; and
23-24 (7) ensure that each governmental entity identified
23-25 under Section 531.022(e) has access to complete and timely
24-1 information about all sources of federal money for health and human
24-2 services programs and that technical assistance is available to
24-3 governmental entities seeking grants of federal money to provide
24-4 health and human services.
24-5 (c) The commission shall prepare an annual report with
24-6 respect to the results of the implementation of this section. The
24-7 report must identify strategies to maximize the receipt and use of
24-8 federal funds and to improve federal funds management. The
24-9 commission shall file the report with the governor, the lieutenant
24-10 governor, and the speaker of the house of representatives not later
24-11 than December 15 of each year [request budget execution for the
24-12 transfer of funds from one agency to another;]
24-13 [(2) establish a federal health and human services
24-14 funds management system and maximize the availability of those
24-15 funds; and]
24-16 [(3) review and comment on health and human services
24-17 agency formulas for the distribution of funds to ensure that the
24-18 formulas, to the extent permitted by federal law, consider such
24-19 need factors as client base, population, and economic and
24-20 geographic factors within the regions of the state].
24-21 SECTION 3.05. Section 531.0312, Government Code, is amended
24-22 to read as follows:
24-23 Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK.
24-24 (a) The Texas Information and Referral Network at the commission
24-25 is the program responsible for the development, coordination, and
25-1 implementation of a statewide information and referral network that
25-2 integrates existing community-based structures with state and local
25-3 agencies. The network must include information relating to
25-4 transportation services provided to clients of state and local
25-5 agencies.
25-6 (b) The commission shall cooperate with the Records
25-7 Management Interagency Coordinating Council and the General
25-8 Services Commission to establish a single method of categorizing
25-9 information about health and human services to be used by the
25-10 Records Management Interagency Coordinating Council and the Texas
25-11 Information and Referral Network. The network, in cooperation with
25-12 the council and the General Services Commission, shall ensure that:
25-13 (1) information relating to health and human services
25-14 is included in each residential telephone directory published by a
25-15 for-profit publisher and distributed to the public at minimal or no
25-16 cost; and
25-17 (2) the single method of categorizing information
25-18 about health and human services is used in a residential telephone
25-19 directory described by Subdivision (1).
25-20 (c) A health and human services agency shall provide the
25-21 Texas Information and Referral Network and the Records Management
25-22 Interagency Coordinating Council with information about the health
25-23 and human services provided by the agency for inclusion in the
25-24 statewide information and referral network, residential telephone
25-25 directories described by Subsection (b), and any other materials
26-1 produced under the direction of the network or the council. The
26-2 agency shall provide the information in the format required by the
26-3 Texas Information and Referral Network or the Records Management
26-4 Interagency Coordinating Council and shall update the information
26-5 at least quarterly or as required by the network or the council.
26-6 SECTION 3.06. Section 441.053(j), Government Code, is
26-7 redesignated as Subsection (j) of Section 441.203, Government Code,
26-8 as added by Chapter 873, Acts of the 75th Legislature, Regular
26-9 Session, 1997, and is amended to read as follows:
26-10 (j) The council shall categorize state agency programs and
26-11 telephone numbers by subject matter as well as by agency. The
26-12 council shall cooperate with the Texas Information and Referral
26-13 Network under Section 531.0312 to ensure that the council and the
26-14 network use a single method of defining and organizing information
26-15 about health and human services. State agencies shall cooperate
26-16 with the council by providing the council with the information it
26-17 needs to perform this function.
26-18 SECTION 3.07. Section 9.12, Chapter 655, Acts of the 74th
26-19 Legislature, Regular Session, 1995, as amended by Section 1,
26-20 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
26-21 is redesignated as Subchapter F, Chapter 531, Government Code, and
26-22 amended to read as follows:
26-23 SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
26-24 Sec. 531.191 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
26-25 (a) The commission [In consultation and coordination with the
27-1 Texas Integrated Enrollment Services Legislative Oversight
27-2 Committee established under Section 531.202, Government Code, the
27-3 Health and Human Services Commission], subject to the approval of
27-4 the governor and the Legislative Budget Board, shall develop and
27-5 implement a plan for the integration of services and functions
27-6 relating to eligibility determination and service delivery by
27-7 health and human services agencies, the Texas Workforce Commission,
27-8 and other agencies. The plan must include a reengineering of
27-9 eligibility determination business processes, streamlined service
27-10 delivery, a unified and integrated process for the transition from
27-11 welfare to work, and improved access to benefits and services for
27-12 clients. In developing and implementing the plan, the commission
27-13 [Health and Human Services Commission]:
27-14 (1) shall give priority to the design and development
27-15 of computer hardware and software for and provide technical support
27-16 relating to the integrated eligibility determination system;
27-17 (2) shall consult with agencies whose programs are
27-18 included in the plan, including the Texas Department of Human
27-19 Services, the Texas Department of Health, and the Texas Workforce
27-20 Commission;
27-21 (3) may contract for appropriate professional and
27-22 technical assistance; and
27-23 (4) may use the staff and resources of agencies whose
27-24 programs are included in the plan.
27-25 (b) The integrated eligibility determination and service
28-1 delivery system shall be developed and implemented to achieve
28-2 increased quality of and client access to services and savings in
28-3 the cost of providing administrative and other services and staff
28-4 resulting from streamlining and eliminating duplication of
28-5 services. The commission, subject to any spending limitation
28-6 prescribed in the General Appropriations Act, may use the resulting
28-7 savings to further develop the integrated system and to provide
28-8 other health and human services.
28-9 (c) The commission shall examine cost-effective methods to
28-10 address:
28-11 (1) fraud in the assistance programs; and
28-12 (2) the error rate in eligibility determination.
28-13 (d) On receipt by the state of any necessary federal
28-14 approval and subject to the approval of the governor and the
28-15 Legislative Budget Board, the commission may contract for
28-16 implementation of all or part of the plan required by Subsection
28-17 (a) [of this section] if the commission determines that contracting
28-18 may advance the objectives of Subsections (a) and (b) [of this
28-19 section] and meets the criteria set out in the cost-benefit
28-20 analysis described in this subsection. Before the awarding of a
28-21 contract, the commission shall provide a detailed cost-benefit
28-22 analysis to the governor and[,] the Legislative Budget Board[, and
28-23 the Texas Integrated Enrollment Services Legislative Oversight
28-24 Committee established under Section 531.202, Government Code]. The
28-25 analysis must demonstrate the cost-effectiveness of the plan,
29-1 mechanisms for monitoring performance under the plan, and specific
29-2 improvements to the service delivery system and client access made
29-3 by the plan. The commission shall make the analysis available to
29-4 the public. Within 10 days after the release of a request for bids,
29-5 proposals, offers, or other applicable expressions of interest
29-6 relating to the development or implementation of the plan required
29-7 by Subsection (a) [of this section], the commission shall hold a
29-8 public hearing and receive public comment on the request. [The
29-9 commission may coordinate with a legislative committee to hold the
29-10 hearings.]
29-11 (e) [Not later than October 1, 1996, the commission shall
29-12 develop a plan to consolidate administrative and service delivery
29-13 functions in addition to the integrated eligibility determination
29-14 and service delivery system in order to minimize duplication. The
29-15 commission shall prepare a report of the plan for submission to the
29-16 governor, the lieutenant governor, the speaker of the house of
29-17 representatives, the comptroller, and the 75th Legislature when it
29-18 convenes.]
29-19 [(f)] If requested by the commission [Health and Human
29-20 Services Commission], the agencies whose programs are included in
29-21 the plan required by Subsection (a) [of this section] shall
29-22 cooperate with the commission to provide available staff and
29-23 resources that will be subject to the direction of the commission.
29-24 (f) [(g)] The design, development, and operation of an
29-25 automated data processing system to support the plan required by
30-1 Subsection (a) [of this section] may be financed through the
30-2 issuance of bonds or other obligations under the Texas Public
30-3 Finance Authority Act (Article 601d, Vernon's Texas Civil
30-4 Statutes).
30-5 Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT
30-6 COMMITTEE. (a) The commission shall develop and implement the
30-7 plan required by Section 531.191 in consultation and coordination
30-8 with the Texas Integrated Enrollment Services Legislative Oversight
30-9 Committee established by Section 531.202.
30-10 (b) Before awarding a contract under Section 531.191(d), the
30-11 commission shall provide the detailed cost-benefit analysis
30-12 described by that subsection to the legislative oversight
30-13 committee. The commission may coordinate with the the legislative
30-14 oversight committee to hold any hearing required under Section
30-15 531.191(d).
30-16 (c) This section expires September 1, 2002.
30-17 SECTION 3.08. Subchapter D, Chapter 531, Government Code, as
30-18 added by Chapter 1116, Acts of the 75th Legislature, Regular
30-19 Session, 1997, is redesignated as Subchapter G, Chapter 531,
30-20 Government Code, and the subchapter heading is amended to read as
30-21 follows:
30-22 SUBCHAPTER G [D]. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED
30-23 ENROLLMENT SERVICES
30-24 SECTION 3.09. Section 531.203(a), Government Code, is
30-25 amended to read as follows:
31-1 (a) The committee shall:
31-2 (1) meet at the call of the presiding officer;
31-3 (2) receive information about rules proposed or
31-4 adopted by the commission;
31-5 (3) review specific recommendations for legislation
31-6 proposed by the commission; and
31-7 (4) hold public hearings concerning the development
31-8 and implementation of the plan required by Subchapter F [Section
31-9 9.12(a), Chapter 655, Acts of the 74th Legislature, Regular
31-10 Session, 1995,] in at least four geographically diverse locations
31-11 in the state.
31-12 SECTION 3.10. Section 2155.144, Government Code, as added by
31-13 Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,
31-14 is amended to read as follows:
31-15 Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES
31-16 AGENCIES. (a) This section applies only to the Health and Human
31-17 Services Commission and to each health and human services agency.
31-18 (b) An agency to which this section applies is delegated the
31-19 authority to procure its goods and services, except as provided by
31-20 this section.
31-21 (c) An agency to which this section applies shall acquire
31-22 goods or services by any procurement method approved by the Health
31-23 and Human Services Commission that provides the best value to the
31-24 agency. The agency shall document that it considered all relevant
31-25 factors under Subsection (d) in making the acquisition.
32-1 (d) Subject to Subsection (e), the agency may consider all
32-2 relevant factors in determining the best value, including:
32-3 (1) any installation costs;
32-4 (2) the delivery terms;
32-5 (3) the quality and reliability of the vendor's goods
32-6 or services;
32-7 (4) the extent to which the goods or services meet the
32-8 agency's needs;
32-9 (5) indicators of probable vendor performance under
32-10 the contract such as past vendor performance, the vendor's
32-11 financial resources and ability to perform, the vendor's experience
32-12 and responsibility, and the vendor's ability to provide reliable
32-13 maintenance agreements;
32-14 (6) the impact on the ability of the agency to comply
32-15 with laws and rules relating to historically underutilized
32-16 businesses or relating to the procurement of goods and services
32-17 from persons with disabilities;
32-18 (7) the total long-term cost to the agency of
32-19 acquiring the vendor's goods or services;
32-20 (8) the cost of any employee training associated with
32-21 the acquisition;
32-22 (9) the effect of an acquisition on agency
32-23 productivity;
32-24 (10) the acquisition price; and
32-25 (11) any other factor relevant to determining the best
33-1 value for the agency in the context of a particular acquisition.
33-2 (e) If an agency to which this section applies acquires
33-3 goods or services with a value that exceeds $100,000, the agency
33-4 shall notify the state auditor and shall consult with and receive
33-5 approval from the Health and Human Services Commission before
33-6 considering factors other than price and meeting specifications.
33-7 (f) The state auditor may audit the agency's acquisitions of
33-8 goods and services before or after a warrant is issued to pay for
33-9 an acquisition.
33-10 (g) The agency may adopt rules and procedures for the
33-11 acquisition of goods and services under this section.
33-12 (h) The Health and Human Services Commission shall adopt
33-13 rules and procedures for the acquisition of goods and services
33-14 under this section that apply to all health and human services
33-15 agencies, including rules adopted with the commission's assistance
33-16 that allow an agency to make purchases through a group purchasing
33-17 program except when a better value is available through another
33-18 procurement method. The rules of the health and human services
33-19 agencies must be consistent with the rules of the Health and Human
33-20 Services Commission.
33-21 (i) Subject to Section 531.0055(c), the Health and Human
33-22 Services Commission shall develop a single statewide risk analysis
33-23 procedure. Each health and human services agency shall comply with
33-24 the procedure. The procedure must provide for:
33-25 (1) assessing the risk of fraud, abuse, or waste in
34-1 health and human services agencies contractor selection processes,
34-2 contract provisions, and payment and reimbursement rates and
34-3 methods for the different types of goods and services for which
34-4 health and human services agencies contract;
34-5 (2) identifying contracts that require enhanced
34-6 contract monitoring; and
34-7 (3) coordinating contract monitoring efforts among
34-8 health and human services agencies.
34-9 (j) Subject to Section 531.0055(c), the Health and Human
34-10 Services Commission shall publish a contract management handbook
34-11 that establishes consistent contracting policies and practices to
34-12 be followed by health and human services agencies. The handbook
34-13 may include standard contract provisions and formats for health and
34-14 human services agencies to incorporate as applicable in their
34-15 contracts.
34-16 (k) Subject to Section 531.0055(c), the Health and Human
34-17 Services Commission, in cooperation with the comptroller, shall
34-18 establish a central contract management database that identifies
34-19 each contract made with a health and human services agency. The
34-20 commission may use the database to monitor health and human
34-21 services agency contracts, and health and human services agencies
34-22 may use the database in contracting. A state agency shall send to
34-23 the commission in the manner prescribed by the commission the
34-24 information the agency possesses that the commission requires for
34-25 inclusion in the database.
35-1 (l) The Health and Human Services Commission shall
35-2 coordinate the procurement practices of all health and human
35-3 services agencies and encourage those agencies to use efficient
35-4 procurement practices such as the use of a group purchasing
35-5 program, combining maintenance contracts into one contract, and
35-6 obtaining prompt payment discounts. In implementing this duty, the
35-7 Health and Human Services Commission may review the procurement and
35-8 rate-setting procedures of each health and human services agency to
35-9 ensure that amounts paid to contractors are consistent and
35-10 represent the best value for the state. The Health and Human
35-11 Services Commission may disapprove a procurement and rate-setting
35-12 procedure of a health and human services agency. A health and
35-13 human services agency may not use a procurement or rate-setting
35-14 procedure that has been disapproved by the commission. The Health
35-15 and Human Services Commission may transfer the procurement
35-16 functions of a health and human services agency to another
35-17 appropriate state agency if it determines that transferring those
35-18 functions would be advantageous to the state. Other state agencies
35-19 and institutions with experience in acquiring goods and services
35-20 using the procedures allowed under Subsections (c) and (d) shall on
35-21 request assist the Health and Human Services Commission to perform
35-22 its functions under this section.
35-23 (m) Subject to Section 531.0055(c), the Health and Human
35-24 Services Commission shall develop and implement a statewide plan to
35-25 ensure that each entity that contracts with a health and human
36-1 services agency and any subcontractor of the entity complies with
36-2 the accessibility requirements of the Americans with Disabilities
36-3 Act of 1990 (42 U.S.C. Section 12101 et seq.).
36-4 (n) [(j)] To the extent of any conflict, this section
36-5 prevails over any other state law relating to the procurement of
36-6 goods and services except a law relating to contracting with
36-7 historically underutilized businesses or relating to the
36-8 procurement of goods and services from persons with disabilities.
36-9 (o) The Health and Human Services Commission, with the
36-10 assistance of the state auditor, shall prepare an annual report
36-11 that assesses the compliance of each health and human services
36-12 agency with the requirements imposed under this section and that
36-13 identifies any material risk to the state or to the clients of the
36-14 health and human services agency that results from the agency's
36-15 procurement and contracting practices. The commission shall file
36-16 the report with the governor, the lieutenant governor, and the
36-17 speaker of the house of representatives not later than December 15
36-18 of each year.
36-19 (p) [(k)] In this section, "health and human services
36-20 agency" has the meaning assigned by Section 531.001.
36-21 SECTION 3.11. Section 2167.004, Government Code, is amended
36-22 to read as follows:
36-23 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
36-24 AGENCIES. (a) Notwithstanding any other provision of this chapter
36-25 or of Subchapter C, Chapter 2165, the commission may not lease
37-1 office space to serve the needs of any health and human services
37-2 agency unless the Health and Human Services Commission has approved
37-3 the office space for the agency.
37-4 (b) The commission may not enter into an emergency lease to
37-5 serve the needs of a health and human services agency unless the
37-6 emergency lease is entered into under criteria adopted by the
37-7 Health and Human Services Commission in consultation with the
37-8 commission. The criteria must:
37-9 (1) encourage advance planning by the health and human
37-10 services agency to facilitate regional management of health and
37-11 human services agencies by the Health and Human Services Commission
37-12 under Section 531.0246; and
37-13 (2) ensure that the circumstances that require an
37-14 emergency lease are outside of the control of the agency and that
37-15 the agency could not reasonably have been expected to foresee the
37-16 circumstances.
37-17 (c) In this section, "health and human services agency" has
37-18 the meaning assigned by Section 531.001 [means the:]
37-19 [(1) Interagency Council on Early Childhood
37-20 Intervention Services;]
37-21 [(2) Texas Department on Aging;]
37-22 [(3) Texas Commission on Alcohol and Drug Abuse;]
37-23 [(4) Texas Commission for the Blind;]
37-24 [(5) Texas Commission for the Deaf and Hearing
37-25 Impaired;]
38-1 [(6) Texas Department of Health;]
38-2 [(7) Texas Department of Human Services;]
38-3 [(8) Texas Juvenile Probation Commission;]
38-4 [(9) Texas Department of Mental Health and Mental
38-5 Retardation;]
38-6 [(10) Texas Rehabilitation Commission; or]
38-7 [(11) Department of Protective and Regulatory
38-8 Services].
38-9 SECTION 3.12. (a) Not later than December 15, 2000, the
38-10 Health and Human Services Commission shall submit a report relating
38-11 to the delivery of mental health and substance abuse services in
38-12 this state to the governor, the lieutenant governor, the speaker of
38-13 the house of representatives, and the presiding officer of the
38-14 Health and Human Services Legislative Oversight Committee. The
38-15 report must include:
38-16 (1) a comprehensive inventory of all mental health and
38-17 substance abuse services provided by state agencies;
38-18 (2) the populations to which the services are
38-19 provided;
38-20 (3) the amount of state resources expended on the
38-21 services;
38-22 (4) a comprehensive description of interagency
38-23 coordination and collaborative initiatives related to those
38-24 services; and
38-25 (5) an assessment of whether any of those services are
39-1 redundant of other services provided by state agencies.
39-2 (b) A health and human services agency or any other state
39-3 agency that provides mental health or substance abuse services
39-4 shall provide the Health and Human Services Commission any
39-5 information, other than confidential information, requested by the
39-6 commission relating to mental health and substance abuse services
39-7 provided by the agency.
39-8 (c) This section expires December 31, 2000.
39-9 SECTION 3.13. (a) Not later than December 15, 2000, the
39-10 Health and Human Services Commission shall submit a report relating
39-11 to regulatory programs conducted by the Texas Department of Health
39-12 to the governor, the lieutenant governor, the speaker of the house
39-13 of representatives, and the presiding officer of the Health and
39-14 Human Services Legislative Oversight Committee. In preparing the
39-15 report, the commission must consider whether:
39-16 (1) health-related regulatory programs conducted by
39-17 the Texas Department of Health should be consolidated or
39-18 restructured;
39-19 (2) a new agency, similar to the Texas Department of
39-20 Licensing and Regulation, should be established to administer all
39-21 or some of the health-related regulatory programs;
39-22 (3) a new agency should be established to administer
39-23 regulatory programs related to health-related professions;
39-24 (4) a new agency should be established to regulate
39-25 health-related facilities;
40-1 (5) the duties of the Health Professions Council
40-2 should be expanded to encompass all or some of the health-related
40-3 regulatory programs; or
40-4 (6) health-related regulatory programs administered by
40-5 the Texas Department of Health should continue to be administered
40-6 by the department without consolidation or restructuring.
40-7 (b) This section expires December 31, 2000.
40-8 SECTION 3.14. (a) The Health and Human Services Commission
40-9 shall:
40-10 (1) assess the benefits of consolidating support
40-11 services provided to health and human services agencies in agency
40-12 headquarters and in regional offices; and
40-13 (2) develop a proposed plan and schedule for
40-14 colocating offices and consolidating support services in accordance
40-15 with Section 531.0246, Government Code, as added by this Act.
40-16 (b) Not later than September 1, 2000, the Health and Human
40-17 Services Commission shall report the results of the assessment,
40-18 together with the proposed plan and schedule, to the governor, the
40-19 lieutenant governor, the speaker of the house of representatives,
40-20 and the presiding officer of the Health and Human Services
40-21 Legislative Oversight Committee.
40-22 SECTION 3.15. The Health and Human Services Commission, the
40-23 General Services Commission, and the Records Management Interagency
40-24 Coordinating Council shall ensure that information about health
40-25 and human services presented in the format required by Section
41-1 531.0312, Government Code, as amended by this Act, is available for
41-2 publication in residential telephone directories to be distributed
41-3 to the public after December 1, 2000. Not later than December 31,
41-4 2000, the Health and Human Services Commission, the General
41-5 Services Commission, and the Records Management Interagency
41-6 Coordinating Council shall each report to the governor, the
41-7 lieutenant governor, the speaker of the house of representatives,
41-8 and the presiding officer of the Health and Human Services
41-9 Legislative Oversight Committee with respect to the implementation
41-10 of this section.
41-11 ARTICLE 4. INVESTIGATIONS OF ABUSE AND NEGLECT
41-12 SECTION 4.01. Subchapter B, Chapter 531, Government Code, is
41-13 amended by adding Section 531.053 to read as follows:
41-14 Sec. 531.053. INVESTIGATIONS OF ABUSE AND NEGLECT; UNIFORM
41-15 USE OF TERMS. (a) Each health and human services agency that may
41-16 be required to conduct an investigation of abuse, neglect, or
41-17 exploitation of a client of the agency at a facility operated by or
41-18 under contract with the agency shall use uniform definitions of
41-19 "abuse," "neglect," and "exploitation" adopted by the commission
41-20 under this section.
41-21 (b) The definitions of "abuse," "neglect," and
41-22 "exploitation" adopted under this section must be at least as
41-23 stringent as any definition that would otherwise be applicable to
41-24 the investigation under law.
41-25 SECTION 4.02. Section 261.401, Family Code, is amended to
42-1 read as follows:
42-2 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency
42-3 that operates, licenses, certifies, or registers a facility in
42-4 which children are located shall make a prompt, thorough
42-5 investigation of a report that a child has been or may be abused,
42-6 [or] neglected, or exploited in the facility. The primary purpose
42-7 of the investigation shall be the protection of the child.
42-8 (b) For purposes of an investigation conducted under this
42-9 section, "abuse," "neglect," and "exploitation" have the meanings
42-10 assigned by rules of the Health and Human Services Commission under
42-11 Section 531.053, Government Code. The meanings assigned to "abuse"
42-12 and "neglect" by Section 261.001 do not apply to an investigation
42-13 under this section.
42-14 (c) A state agency shall adopt rules relating to the
42-15 investigation and resolution of reports received as provided by
42-16 this subchapter. The Health and Human Services Commission shall
42-17 review and approve the rules to ensure that all agencies implement
42-18 appropriate standards for the conduct of investigations and that
42-19 uniformity exists among agencies in the investigation and
42-20 resolution of reports.
42-21 SECTION 4.03. Section 48.081, Human Resources Code, is
42-22 amended to read as follows:
42-23 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
42-24 IN COMMUNITY CENTERS. (a) The department shall receive and
42-25 investigate reports of the abuse, neglect, or exploitation of an
43-1 individual:
43-2 (1) receiving services in a facility operated by the
43-3 Texas Department of Mental Health and Mental Retardation; or
43-4 (2) being provided services through a program under
43-5 contract with a facility operated by the Texas Department of Mental
43-6 Health and Mental Retardation.
43-7 (b) The department and the Texas Department of Mental Health
43-8 and Mental Retardation shall develop joint rules to facilitate
43-9 investigations in state mental health and mental retardation
43-10 facilities.
43-11 (c) The department shall receive and investigate a report of
43-12 the alleged abuse, neglect, or exploitation of an individual
43-13 receiving services in a community center or from a program
43-14 providing services under contract with a community center.
43-15 (d) The department shall forward to a state mental health or
43-16 mental retardation facility, a community center, or a program
43-17 providing mental health or mental retardation services under
43-18 contract with such a facility or community center:
43-19 (1) a copy of any report the department receives
43-20 relating to alleged or suspected abuse, neglect, or exploitation of
43-21 an individual receiving services from that facility, community
43-22 center, or program; and
43-23 (2) a copy of the department's investigation findings
43-24 and report.
43-25 (e) The department and the Texas Department of Mental Health
44-1 and Mental Retardation by joint rules shall establish procedures
44-2 for resolving disagreements between the department and the Texas
44-3 Department of Mental Health and Mental Retardation concerning the
44-4 department's investigation findings. A confirmed investigation
44-5 finding by the department may not be changed by a superintendent of
44-6 a state mental health or mental retardation facility or a director
44-7 of a community center.
44-8 (f) After completion of the appeals process, the department
44-9 shall refer a complaint relating to an investigation conducted by
44-10 the department under this section to the department's ombudsman
44-11 office for appropriate action.
44-12 (g) If the department's investigation under this section
44-13 reveals that an elderly or disabled person has been abused by
44-14 another person in a manner that constitutes a criminal offense
44-15 under any law, including Section 22.04, Penal Code, a copy of the
44-16 investigation shall be submitted to the appropriate law enforcement
44-17 agency.
44-18 (h) The department by rule may assign priorities to an
44-19 investigation conducted by the department under this section. The
44-20 primary criterion used by the department in assigning a priority
44-21 must be the risk that a delay in the investigation will impede the
44-22 collection of evidence.
44-23 (i) The department and the Texas Department of Mental Health
44-24 and Mental Retardation shall jointly develop and implement a single
44-25 system to track reports and investigations under this section. To
45-1 facilitate implementation of the system, the department and the
45-2 Texas Department of Mental Health and Mental Retardation shall use
45-3 appropriate methods of measuring the number and outcome of reports
45-4 and investigations under this section.
45-5 (j) For purposes of an investigation conducted under this
45-6 section, "abuse," "neglect," and "exploitation" have the meanings
45-7 assigned by rules of the Health and Human Services Commission under
45-8 Section 531.053, Government Code.
45-9 (k) In this section, "community center" has the meaning
45-10 assigned by Section 531.002, Health and Safety Code.
45-11 SECTION 4.04. (a) To implement Section 531.053, Government
45-12 Code, as added by this Act, the Health and Human Services
45-13 Commission shall identify each health and human services agency
45-14 that may be required to conduct an investigation described by that
45-15 section and shall convene a working group of representatives of
45-16 those agencies. The working group shall develop proposed
45-17 definitions of "abuse," "neglect," and "exploitation" for purposes
45-18 of those investigations not later than June 1, 2000.
45-19 (b) The Health and Human Services Commission shall by rule
45-20 adopt uniform definitions of "abuse," "neglect," and "exploitation"
45-21 not later than August 1, 2000.
45-22 (c) A health and human services agency is not required to
45-23 use the uniform definitions adopted under this section before
45-24 September 1, 2000.
45-25 ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
46-1 SECTION 5.01. Sections 531.122(b), (c), and (d), Government
46-2 Code, are amended to read as follows:
46-3 (b) The advisory board is composed of one representative
46-4 from each of the health and human services regions, as defined by
46-5 the commission, three public representatives, and one
46-6 representative of the Department of Protective and Regulatory
46-7 Services. The representatives of the health and human services
46-8 regions are appointed by a majority vote of the judges of the
46-9 statutory probate courts in each region. If a health and human
46-10 services region does not contain a statutory probate court, the
46-11 representative shall be appointed by a majority vote of the judges
46-12 of the statutory probate courts in the state. The public
46-13 representatives and representative of the Department of Protective
46-14 and Regulatory Services are appointed by the Health and Human
46-15 Services Commissioner and the Board of the Department of Protective
46-16 and Regulatory Services, respectively.
46-17 (c) To be eligible for an appointment under this section, an
46-18 individual must have demonstrated experience working with:
46-19 (1) a guardianship program;
46-20 (2) an organization that advocates on behalf of or in
46-21 the interest of elderly individuals or individuals with mental
46-22 illness or mental retardation; or
46-23 (3) incapacitated individuals.
46-24 (d) A member of the advisory board serves at the pleasure of
46-25 a majority of the judges of the statutory probate courts that
47-1 appointed the member or of the Health and Human Services
47-2 Commissioner and the Board of the Department of Protective and
47-3 Regulatory Services, as appropriate.
47-4 SECTION 5.02. Subchapter D, Chapter 531, Government Code, as
47-5 added by Chapter 1033, Acts of the 75th Legislature, Regular
47-6 Session, 1997, is amended by adding Section 531.1235 to read as
47-7 follows:
47-8 Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE
47-9 GUARDIANSHIP SYSTEM. (a) In addition to performing the duties
47-10 described by Section 531.122, the advisory board shall:
47-11 (1) advise the commission and the Department of
47-12 Protective and Regulatory Services with respect to a statewide
47-13 guardianship program and develop a proposal for a statewide
47-14 guardianship program; and
47-15 (2) review and comment on the guardianship policies of
47-16 all health and human services agencies and recommend changes to the
47-17 policies the advisory board considers necessary or advisable.
47-18 (b) The advisory board shall prepare an annual report with
47-19 respect to the recommendations of the advisory board under
47-20 Subsection (a). The advisory board shall file the report with the
47-21 commission, the Department of Protective and Regulatory Services,
47-22 the governor, the lieutenant governor, and the speaker of the house
47-23 of representatives not later than December 15 of each year.
47-24 SECTION 5.03. Section 531.124, Government Code, is amended
47-25 by adding Subsection (c) to read as follows:
48-1 (c) The advisory board shall annually review and comment on
48-2 the minimum standards adopted under Subsection (a)(1) and the plan
48-3 implemented under Subsection (a)(2) and shall include its
48-4 conclusions in the report submitted under Section 531.1235.
48-5 SECTION 5.04. Not later than October 1, 1999, the Board of
48-6 Protective and Regulatory Services shall appoint the additional
48-7 members of the Guardianship Advisory Board, as required by Section
48-8 531.122, Government Code, as amended by this Act.
48-9 ARTICLE 6. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
48-10 SECTION 6.01. Subchapter B, Chapter 481, Government Code, is
48-11 amended by adding Section 481.025 to read as follows:
48-12 Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY
48-13 PROGRAM. The department is the agency of this state responsible
48-14 for administering the Empowerment Zone and Enterprise Community
48-15 grant program in this state. The department shall cooperate with
48-16 appropriate federal and local agencies as necessary to administer
48-17 the grant program.
48-18 SECTION 6.02. Effective January 1, 2000, administration of
48-19 the Empowerment Zone and Enterprise Community grant program in this
48-20 state is transferred from the Health and Human Services Commission
48-21 to the Texas Department of Economic Development. The commissioner
48-22 of health and human services and the governing board of the Texas
48-23 Department of Economic Development shall enter into a memorandum of
48-24 understanding as necessary to implement the transfer required by
48-25 this section.
49-1 ARTICLE 7. HEALTH CARE INFORMATION COUNCIL
49-2 SECTION 7.01. Section 531.001(4), Government Code, is
49-3 amended to read as follows:
49-4 (4) "Health and human services agencies" includes the:
49-5 (A) Interagency Council on Early Childhood
49-6 Intervention [Services];
49-7 (B) Texas Department on Aging;
49-8 (C) Texas Commission on Alcohol and Drug Abuse;
49-9 (D) Texas Commission for the Blind;
49-10 (E) Texas Commission for the Deaf and Hard of
49-11 Hearing;
49-12 (F) Texas Department of Health;
49-13 (G) Texas Department of Human Services;
49-14 (H) Texas Juvenile Probation Commission;
49-15 (I) Texas Department of Mental Health and Mental
49-16 Retardation;
49-17 (J) Texas Rehabilitation Commission; [and]
49-18 (K) Department of Protective and Regulatory
49-19 Services; and
49-20 (L) Texas Health Care Information Council.
49-21 SECTION 7.02. Section 108.002(4), Health and Safety Code, is
49-22 amended to read as follows:
49-23 (4) "Data" means information collected under Section
49-24 108.0065 or 108.009 in the form initially received.
49-25 SECTION 7.03. Chapter 108, Health and Safety Code, is
50-1 amended by adding Section 108.0065 to read as follows:
50-2 Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO
50-3 MEDICAID MANAGED CARE. (a) In this section:
50-4 (1) "Commission" means the Health and Human Services
50-5 Commission.
50-6 (2) "Medicaid managed care organization" means a
50-7 managed care organization, as defined by Section 533.001,
50-8 Government Code, that is contracting with the commission to
50-9 implement the Medicaid managed care program under Chapter 533,
50-10 Government Code.
50-11 (b) The council, in consultation with the commission, shall
50-12 collect data under this chapter with respect to Medicaid managed
50-13 care organizations. The council may coordinate the collection of
50-14 the data with the collection of data for health benefit plan
50-15 providers, but may collect data in addition to the data otherwise
50-16 required of health benefit plan providers.
50-17 (c) Each Medicaid managed care organization shall provide
50-18 the data required by the council in the form required by the
50-19 council.
50-20 (d) Dissemination of data collected under this section is
50-21 subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014,
50-22 and 108.0141.
50-23 (e) The council, in consultation with the commission, shall
50-24 analyze the data collected in accordance with this section and
50-25 shall use the data to:
51-1 (1) evaluate the effectiveness and efficiency of the
51-2 Medicaid managed care system;
51-3 (2) determine the extent to which Medicaid managed
51-4 care does or does not serve the needs of Medicaid recipients in
51-5 this state; and
51-6 (3) assess the cost-effectiveness of the Medicaid
51-7 managed care system in comparison to the fee-for-service system,
51-8 considering any improvement in the quality of care provided.
51-9 (f) Not later than December 15 of each even-numbered year,
51-10 the council shall report to the commission, the governor, the
51-11 lieutenant governor, and the speaker of the house of
51-12 representatives with respect to:
51-13 (1) the council's conclusions under Subsection (e) and
51-14 any improvement made in the delivery of services under the Medicaid
51-15 managed care system since the date of the council's last report
51-16 under this section;
51-17 (2) recommendations for implementation by the state
51-18 agencies operating the Medicaid managed care system for improvement
51-19 to the Medicaid managed care system; and
51-20 (3) any recommendations for legislation.
51-21 (g) The report made under Subsection (f) may be consolidated
51-22 with any report made under Section 108.006(a)(9).
51-23 SECTION 7.04. Not later than December 15, 1999, the Texas
51-24 Health Care Information Council, in consultation with the Health
51-25 and Human Services Commission and the presiding officer of the
52-1 Health and Human Services Legislative Oversight Committee, shall
52-2 develop a plan for implementing the council's duties under Section
52-3 108.0065, Health and Safety Code, as added by this Act.
52-4 ARTICLE 8. LEGISLATIVE OVERSIGHT
52-5 SECTION 8.01. Chapter 531, Government Code, is amended by
52-6 adding Subchapter E to read as follows:
52-7 SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
52-8 Sec. 531.171. DEFINITION. In this subchapter, "committee"
52-9 means the Health and Human Services Legislative Oversight
52-10 Committee.
52-11 Sec. 531.172. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
52-12 (a) The committee is composed of:
52-13 (1) five persons appointed by the lieutenant governor
52-14 as follows:
52-15 (A) four persons who are members of the senate
52-16 or the lieutenant governor; and
52-17 (B) one member of the public; and
52-18 (2) five persons appointed by the speaker of the house
52-19 of representatives as follows:
52-20 (A) four members of the house of
52-21 representatives, one of whom may be the speaker of the house of
52-22 representatives; and
52-23 (B) one member of the public.
52-24 (b) A member of the committee serves at the pleasure of the
52-25 appointing official.
53-1 (c) The lieutenant governor and the speaker of the house of
53-2 representatives shall designate, from the committee members, the
53-3 presiding officer of the committee on an alternating basis. The
53-4 presiding officer shall serve in that capacity for a two-year
53-5 period expiring February 1 of each odd-numbered year.
53-6 Sec. 531.173. COMMITTEE POWERS AND DUTIES. (a) The
53-7 committee shall:
53-8 (1) meet at the call of the presiding officer;
53-9 (2) monitor the commission's implementation of Section
53-10 531.0055 and the commission's other duties in consolidating and
53-11 integrating health and human services to ensure implementation
53-12 consistent with law;
53-13 (3) recommend, as needed, adjustments to the
53-14 implementation of Section 531.0055 and the commission's other
53-15 duties in consolidating and integrating health and human services;
53-16 (4) collect, analyze, and report information relating
53-17 to the health and human services system in this state, including
53-18 information relating to statewide health and human services needs;
53-19 and
53-20 (5) hold meetings and take public testimony in
53-21 different regions of the state to ensure input from the public and
53-22 appropriate advocacy groups in the implementation of Section
53-23 531.0055 and the commission's other duties in consolidating and
53-24 integrating health and human services.
53-25 (b) At the committee's request, the commission shall
54-1 provide:
54-2 (1) staff and resources to support the committee,
54-3 including sufficient resources to analyze the committee's
54-4 recommendations with respect to the health and human services
54-5 system and to propose additional changes consistent with the
54-6 objectives and directives of the committee;
54-7 (2) information as requested by the committee; and
54-8 (3) an annual plan that addresses the topics
54-9 identified by the committee.
54-10 (c) At the committee's request, a health and human services
54-11 agency shall:
54-12 (1) provide information to the committee relating to
54-13 the health and human services system; and
54-14 (2) report on agency progress in implementing
54-15 statutory directives identified by the committee and the directives
54-16 of the commission.
54-17 (d) The committee may also use staff of standing committees
54-18 in the senate and the house of representatives with appropriate
54-19 jurisdiction, the Department of Information Resources, the state
54-20 auditor, the Texas Legislative Council, and the Legislative Budget
54-21 Board in carrying out its responsibilities.
54-22 Sec. 531.174. REPORT. (a) The committee shall report to
54-23 the governor, the lieutenant governor, and the speaker of the house
54-24 of representatives not later than December 31 of each year.
54-25 (b) The report must include:
55-1 (1) identification of significant problems in the
55-2 implementation of Section 531.0055 and the commission's other
55-3 duties in consolidating and integrating health and human services,
55-4 with recommendations for action by the commissioner;
55-5 (2) the status of the implementation of Section
55-6 531.0055 and the commission's other duties in consolidating and
55-7 integrating health and human services; and
55-8 (3) recommendations for legislative action, including
55-9 legislation to further consolidate health and human services agency
55-10 functions as appropriate.
55-11 Sec. 531.175. DURATION OF COMMITTEE. The committee is
55-12 abolished September 1, 2001.
55-13 ARTICLE 9. REPEALER; EFFECTIVE DATE; EMERGENCY
55-14 SECTION 9.01. The following laws are repealed:
55-15 (1) Section 441.053(k), Government Code; and
55-16 (2) Section 531.0272, Government Code.
55-17 SECTION 9.02. This Act takes effect September 1, 1999.
55-18 SECTION 9.03. The importance of this legislation and the
55-19 crowded condition of the calendars in both houses create an
55-20 emergency and an imperative public necessity that the
55-21 constitutional rule requiring bills to be read on three several
55-22 days in each house be suspended, and this rule is hereby suspended.