1-1 By: Gray, Bosse, McCall (Senate Sponsor - Brown) H.B. No. 2641
1-2 (In the Senate - Received from the House April 21, 1999;
1-3 April 22, 1999, read first time and referred to Committee on Human
1-4 Services; May 12, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 3, Nays 1;
1-6 May 12, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2641 By: Gallegos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Health and Human
1-11 Services Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1. GENERAL POWERS AND DUTIES OF HEALTH AND HUMAN
1-14 SERVICES COMMISSION
1-15 SECTION 1.01. Section 531.004, Government Code, is amended
1-16 to read as follows:
1-17 Sec. 531.004. SUNSET PROVISION. The Health and Human
1-18 Services Commission is subject to Chapter 325 (Texas Sunset Act).
1-19 Unless continued in existence as provided by that chapter, the
1-20 commission is abolished and this chapter expires September 1, 2007
1-21 [1999].
1-22 SECTION 1.02. Section 531.009, Government Code, is amended
1-23 to read as follows:
1-24 Sec. 531.009. PERSONNEL. (a) The commissioner shall employ
1-25 a medical director to provide medical expertise to the commissioner
1-26 and the commission and may employ other personnel necessary to
1-27 administer the commission's duties.
1-28 (b) The commissioner or the commissioner's designated
1-29 representative shall develop an intra-agency career ladder program,
1-30 one part of which must require the intra-agency posting of all
1-31 non-entry-level positions concurrently with any public posting.
1-32 (c) The commissioner or the commissioner's designated
1-33 representative shall develop a system of annual performance
1-34 evaluations based on measurable job tasks. All merit pay for
1-35 commission employees must be based on the system established under
1-36 this subsection.
1-37 (d) The commissioner shall provide to commission employees
1-38 as often as is necessary information regarding their qualifications
1-39 under this chapter and their responsibilities under applicable laws
1-40 relating to standards of conduct for state employees.
1-41 (e) The commissioner or the commissioner's designated
1-42 representative shall prepare and maintain a written policy
1-43 statement that implements [to ensure implementation of] a program
1-44 of equal employment opportunity to ensure that [under which] all
1-45 personnel transactions are made without regard to race, color,
1-46 disability, sex, religion, age, or national origin.
1-47 (f) The policy statement described by Subsection (e) must
1-48 include:
1-49 (1) personnel policies, including policies relating to
1-50 recruitment, evaluation, selection, [appointment,] training, and
1-51 promotion of personnel, that show the intent of the commission to
1-52 avoid the unlawful employment practices described by Chapter 21,
1-53 Labor Code; and
1-54 (2) an analysis of the extent to which the composition
1-55 of the commission's personnel is in accordance with state and
1-56 federal law and a description of reasonable methods to achieve
1-57 compliance with state and federal law [a comprehensive analysis of
1-58 the commission workforce that meets federal and state guidelines;]
1-59 [(3) procedures by which a determination can be made
1-60 of significant underuse in the commission workforce of all persons
1-61 for whom federal or state guidelines encourage a more equitable
1-62 balance; and]
1-63 [(4) reasonable methods to appropriately address areas
1-64 of significant underuse in the commission workforce of all persons
2-1 for whom federal or state guidelines encourage a more equitable
2-2 balance].
2-3 (g) The policy statement described by Subsection (e) must:
2-4 (1) be updated annually;
2-5 (2) be reviewed by the state Commission on Human
2-6 Rights for compliance with Subsection (f)(1); and
2-7 (3) be filed with the governor's office.
2-8 SECTION 1.03. Section 531.011, Government Code, is amended
2-9 by adding Subsection (g) to read as follows:
2-10 (g) In addition to the information file maintained under
2-11 Subsection (e), the commission shall maintain an information file
2-12 on a complaint received by the commission relating to any matter or
2-13 agency under the jurisdiction of the commission.
2-14 SECTION 1.04. Subchapter A, Chapter 531, Government Code, is
2-15 amended by adding Section 531.014 to read as follows:
2-16 Sec. 531.014. CONSOLIDATION OF REPORTS. The commission may
2-17 consolidate any annual or biennial reports required to be made
2-18 under this chapter or another law if:
2-19 (1) the consolidated report is submitted not later
2-20 than the earliest deadline for the submission of any component of
2-21 the consolidated report; and
2-22 (2) each person required to receive a component of the
2-23 consolidated report receives the consolidated report and the
2-24 consolidated report identifies the component of the report the
2-25 person was required to receive.
2-26 ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES
2-27 SECTION 2.01. Subchapter A, Chapter 531, Government Code, is
2-28 amended by adding Sections 531.0055, 531.0056, and 531.0057 to read
2-29 as follows:
2-30 Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO
2-31 CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) In
2-32 this section and in Section 531.0056:
2-33 (1) "Agency director" means the director, executive
2-34 director, or commissioner of a health and human services agency.
2-35 (2) "Policymaking body" means the board or commission
2-36 with policymaking authority over a health and human services
2-37 agency.
2-38 (b) The commission shall:
2-39 (1) supervise the administration and operation of the
2-40 Medicaid program, including the administration and operation of the
2-41 Medicaid managed care system in accordance with Section 531.021;
2-42 (2) supervise information systems planning and
2-43 management for health and human services agencies under Section
2-44 531.0273;
2-45 (3) monitor and ensure the effective use of all
2-46 federal funds received by a health and human services agency in
2-47 accordance with Section 531.028 and the General Appropriations Act;
2-48 and
2-49 (4) implement Texas Integrated Enrollment Services as
2-50 required by Subchapter F.
2-51 (c) After implementation of the commission's duties under
2-52 Subsection (b), the commission shall implement the powers and
2-53 duties given to the commission under Sections 531.0246, 531.0247,
2-54 2155.144, as added by Chapter 1045, Acts of the 75th Legislature,
2-55 Regular Session, 1997, and 2167.004.
2-56 (d) After implementation of the commission's duties under
2-57 Subsections (b) and (c), the commission shall implement the powers
2-58 and duties given to the commission under Section 531.0248. Nothing
2-59 in the priorities established by this section is intended to limit
2-60 the authority of the commission to work simultaneously to achieve
2-61 the multiple tasks assigned to the commission in this section, when
2-62 such an approach is beneficial in the judgment of the commission.
2-63 The commission shall plan and implement an efficient and effective
2-64 system of administrative support services for health and human
2-65 services agencies. The term "administrative support services"
2-66 includes, but is not limited to, strategic planning, audit, legal,
2-67 human resources, and accounting services.
2-68 (e) Notwithstanding any other law, the commissioner, as
2-69 necessary to perform the functions described by Subsections (b),
3-1 (c), and (d) in implementation of the policies established by each
3-2 agency's policymaking body, shall:
3-3 (1) manage and direct the operations of each health
3-4 and human services agency; and
3-5 (2) supervise and direct the activities of each agency
3-6 director.
3-7 (f) The operational authority of the commissioner for
3-8 purposes of Subsection (e) at each health and human services agency
3-9 includes authority over the:
3-10 (1) management of the daily operations of the agency,
3-11 including the organization and management of the agency and agency
3-12 operating procedures;
3-13 (2) allocation of resources within the agency,
3-14 including use of federal funds received by the agency;
3-15 (3) personnel and employment policies;
3-16 (4) contracting, purchasing, and related policies,
3-17 subject to this chapter and other laws relating to contracting and
3-18 purchasing by a state agency;
3-19 (5) information resources systems used by the agency;
3-20 (6) location of agency facilities; and
3-21 (7) coordination of agency activities with activities
3-22 of other state agencies, including other health and human services
3-23 agencies.
3-24 (g) Notwithstanding any other law, the operational authority
3-25 of the commissioner for purposes of Subsection (e) at each health
3-26 and human services agency includes the authority to adopt or
3-27 approve, subject to applicable limitations, any rate of payment or
3-28 similar provision required by law to be adopted or approved by the
3-29 agency.
3-30 (h) For each health and human services agency, the
3-31 commissioner shall implement a program to evaluate and supervise
3-32 the daily operations of the agency. The program must include
3-33 measurable performance objectives for each agency director and
3-34 adequate reporting requirements to permit the commissioner to
3-35 perform the duties assigned to the commissioner under this section.
3-36 (i) To facilitate the operations of a health and human
3-37 services agency in accordance with this section, the commissioner
3-38 may delegate a specific power or duty given under Subsection (f) or
3-39 (g) to an agency director.
3-40 (j) The commissioner may adopt rules to implement the
3-41 commissioner's authority under this section.
3-42 (k) The commissioner and each agency director shall enter
3-43 into a memorandum of understanding that:
3-44 (1) clearly defines the responsibilities of the agency
3-45 director and the commissioner;
3-46 (2) establishes the program of evaluation and
3-47 supervision of daily operations required by Subsection (h); and
3-48 (3) describes each delegation of a power or duty made
3-49 under Subsection (i).
3-50 (l) Notwithstanding any other provision of this section, a
3-51 policymaking body has the authority provided by law to adopt
3-52 policies and rules governing the delivery of services to persons
3-53 who are served by the agency and the rights and duties of persons
3-54 who are served or regulated by the agency. The commissioner and
3-55 each policymaking body shall enter into a memorandum of
3-56 understanding that clearly defines:
3-57 (1) the policymaking authority of the policymaking
3-58 body; and
3-59 (2) the operational authority of the commissioner.
3-60 Sec. 531.0056. EMPLOYMENT OF AGENCY DIRECTOR. (a) This
3-61 section applies only to an agency director employed by the
3-62 commissioner.
3-63 (b) An agency director employed by the commissioner may be
3-64 employed only with the concurrence of the agency's policymaking
3-65 body and the approval of the governor.
3-66 (c) Notwithstanding any other provision of law, the
3-67 commissioner shall obtain the services of an agency director
3-68 through a personal services contract and may establish terms and
3-69 conditions of employment in the contract. Contracts entered into
4-1 under this subsection expire on January 1 of each even-numbered
4-2 year.
4-3 (d) An agency director employed by the commissioner serves
4-4 at the pleasure of the commissioner but may be discharged only with
4-5 the concurrence of the agency's policymaking body and only in
4-6 accordance with the contract.
4-7 (e) On expiration of the contract, the commissioner shall
4-8 employ or reemploy an agency director in accordance with Subsection
4-9 (b). The commissioner shall employ the agency director on a timely
4-10 basis in a manner that ensures that the services of the agency
4-11 director are expediently obtained.
4-12 Sec. 531.0057. AUTHORITY OVER RULEMAKING AT HEALTH AND HUMAN
4-13 SERVICES AGENCY. (a) Notwithstanding any other law, a health and
4-14 human services agency must notify the commissioner before proposing
4-15 a rule. A rule adopted in violation of this section is void.
4-16 (b) The commissioner may waive the requirement of this
4-17 section as necessary to permit emergency rulemaking in accordance
4-18 with Section 2001.034.
4-19 SECTION 2.02. Section 21.004, Human Resources Code, is
4-20 amended to read as follows:
4-21 Sec. 21.004. COMMISSIONER. (a) The Commissioner of Human
4-22 Services is the executive and administrative officer of the
4-23 department. The commissioner exercises all rights, powers, and
4-24 duties imposed or conferred by law on the department unless the
4-25 right, power, or duty is specifically delegated by the commissioner
4-26 of health and human services [board] to the department's agents or
4-27 employees.
4-28 (b) The commissioner is employed [appointed] by the
4-29 commissioner of health and human services in accordance with
4-30 Section 531.0056, Government Code [board with the approval of the
4-31 governor and serves at the pleasure of the board].
4-32 (c) To be eligible for employment [appointment] as
4-33 commissioner, a person must be at least 35 years old, have had
4-34 experience as an executive or administrator, and not have served as
4-35 an elected state officer as defined by Chapter 572, Government
4-36 Code, during the six-month period preceding the date of the
4-37 employment [appointment].
4-38 SECTION 2.03. Chapter 22, Human Resources Code, is amended
4-39 by adding Section 22.0001 to read as follows:
4-40 Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
4-41 AND HUMAN SERVICES. The commissioner of health and human services
4-42 has the powers and duties relating to the board and commissioner as
4-43 provided by Section 531.0055, Government Code. To the extent a
4-44 power or duty given to the board or commissioner by this title or
4-45 another law conflicts with Section 531.0055, Government Code,
4-46 Section 531.0055 controls.
4-47 SECTION 2.04. Section 40.027, Human Resources Code, is
4-48 amended to read as follows:
4-49 Sec. 40.027. EXECUTIVE DIRECTOR. (a) The commissioner of
4-50 health and human services [board] shall employ the executive
4-51 director in accordance with Section 531.0056, Government Code [with
4-52 the approval of the governor. The executive director serves at the
4-53 pleasure of the board].
4-54 (b) The executive director is the executive head of the
4-55 department. The executive director shall perform the duties
4-56 assigned by the commissioner of health and human services [board]
4-57 and state law.
4-58 SECTION 2.05. Subchapter C, Chapter 40, Human Resources
4-59 Code, is amended by adding Section 40.0505 to read as follows:
4-60 Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
4-61 AND HUMAN SERVICES. The commissioner of health and human services
4-62 has the powers and duties relating to the board and executive
4-63 director as provided by Section 531.0055, Government Code. To the
4-64 extent a power or duty given to the board or executive director by
4-65 this chapter or another law conflicts with Section 531.0055,
4-66 Government Code, Section 531.0055 controls.
4-67 SECTION 2.06. Chapter 73, Human Resources Code, is amended
4-68 by adding Section 73.0045 to read as follows:
4-69 Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
5-1 AND HUMAN SERVICES. The commissioner of health and human services
5-2 has the powers and duties relating to the board and the executive
5-3 director of the board as provided by Section 531.0055, Government
5-4 Code. To the extent a power or duty given to the board or
5-5 executive director by this chapter or another law conflicts with
5-6 Section 531.0055, Government Code, Section 531.0055 controls.
5-7 SECTION 2.07. Sections 73.0052(b) and (c), Human Resources
5-8 Code, are amended to read as follows:
5-9 (b) The commissioner of health and human services [board]
5-10 shall employ an executive director in accordance with Section
5-11 531.0056, Government Code. The[, and the] executive director shall
5-12 establish necessary administrative units[,] and hire other
5-13 necessary employees.
5-14 (c) Utilizing established standards, the commissioner of
5-15 health and human services [board] shall evaluate the performance of
5-16 the executive director annually.
5-17 SECTION 2.08. Chapter 81, Human Resources Code, is amended
5-18 by adding Section 81.0055 to read as follows:
5-19 Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
5-20 AND HUMAN SERVICES. The commissioner of health and human services
5-21 has the powers and duties relating to the commission and the
5-22 executive director of the commission as provided by Section
5-23 531.0055, Government Code. To the extent a power or duty given to
5-24 the commission or executive director by this chapter or another law
5-25 conflicts with Section 531.0055, Government Code, Section 531.0055
5-26 controls.
5-27 SECTION 2.09. Sections 81.008(a) and (b), Human Resources
5-28 Code, are amended to read as follows:
5-29 (a) The commissioner of health and human services
5-30 [commission] shall employ [appoint] an executive director in
5-31 accordance with Section 531.0056, Government Code [with the
5-32 approval of the governor].
5-33 (b) In selecting an executive director, the commissioner of
5-34 health and human services [commission] shall give preference to a
5-35 deaf or hard of hearing person.
5-36 SECTION 2.10. Sections 91.012(a), (b), and (d), Human
5-37 Resources Code, are amended to read as follows:
5-38 (a) The commissioner of health and human services
5-39 [commission] shall employ [annually appoint] an executive director
5-40 in accordance with Section 531.0056, Government Code [with the
5-41 approval of the governor].
5-42 (b) The commissioner of health and human services
5-43 [commission] shall select the executive director, according to
5-44 established personnel standards, on the basis of education,
5-45 training, experience, and demonstrated ability.
5-46 (d) The [On commission approval, the] executive director:
5-47 (1) shall appoint personnel necessary to efficiently
5-48 accomplish commission purposes;
5-49 (2) may delegate to an employee a power of the
5-50 executive director except the power to adopt rules or appoint
5-51 personnel;
5-52 (3) shall establish appropriate administrative units
5-53 within commission programs;
5-54 (4) may accept and use gifts and grants to the
5-55 commission to carry out the purposes of this title, if the
5-56 commission determines that the conditions of the gift or grant are
5-57 consistent with this title; and
5-58 (5) may take other actions that the executive director
5-59 considers necessary or appropriate to carry out commission
5-60 purposes.
5-61 SECTION 2.11. Subchapter C, Chapter 91, Human Resources
5-62 Code, is amended by adding Section 91.0205 to read as follows:
5-63 Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
5-64 AND HUMAN SERVICES. The commissioner of health and human services
5-65 has the powers and duties relating to the commission and executive
5-66 director as provided by Section 531.0055, Government Code. To the
5-67 extent a power or duty given to the commission or executive
5-68 director by this chapter or another law conflicts with Section
5-69 531.0055, Government Code, Section 531.0055 controls.
6-1 SECTION 2.12. Section 101.004(a), Human Resources Code, is
6-2 amended to read as follows:
6-3 (a) The commissioner of health and human services [board]
6-4 shall employ [appoint] an executive director of aging in accordance
6-5 with Section 531.0056, Government Code [with the approval of the
6-6 governor]. The executive director shall discharge all executive
6-7 and administrative functions of the department. The executive
6-8 director must be a person with executive ability and experience in
6-9 the area of aging. [The executive director serves at the pleasure
6-10 of the board.]
6-11 SECTION 2.13. Subchapter B, Chapter 101, Human Resources
6-12 Code, is amended by adding Section 101.0205 to read as follows:
6-13 Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
6-14 AND HUMAN SERVICES. The commissioner of health and human services
6-15 has the powers and duties relating to the board and executive
6-16 director as provided by Section 531.0055, Government Code. To the
6-17 extent a power or duty given to the board or executive director by
6-18 this chapter or another law conflicts with Section 531.0055,
6-19 Government Code, Section 531.0055 controls.
6-20 SECTION 2.14. Section 111.017, Human Resources Code, is
6-21 amended to read as follows:
6-22 Sec. 111.017. COMMISSIONER. (a) This chapter is
6-23 administered by the commissioner under operational policies
6-24 established by the commissioner of health and human services
6-25 [board]. The commissioner is employed [appointed] by the
6-26 commissioner of health and human services in accordance with
6-27 Section 531.0056, Government Code [board, with the approval of the
6-28 governor], on the basis of education, training, experience, and
6-29 demonstrated ability.
6-30 (b) The commissioner serves as [at the pleasure of the board
6-31 and is] secretary to the board, as well as chief administrative
6-32 officer of the agency.
6-33 SECTION 2.15. Subchapter C, Chapter 111, Human Resources
6-34 Code, is amended by adding Section 111.0505 to read as follows:
6-35 Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
6-36 AND HUMAN SERVICES. The commissioner of health and human services
6-37 has the powers and duties relating to the commission and
6-38 commissioner as provided by Section 531.0055, Government Code. To
6-39 the extent a power or duty given to the commission or commissioner
6-40 by this chapter or another law conflicts with Section 531.0055,
6-41 Government Code, Section 531.0055 controls.
6-42 SECTION 2.16. Subchapter C, Chapter 141, Human Resources
6-43 Code, is amended by adding Section 141.0405 to read as follows:
6-44 Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
6-45 AND HUMAN SERVICES. The commissioner of health and human services
6-46 has the powers and duties relating to the commission and director
6-47 as provided by Section 531.0055, Government Code. To the extent a
6-48 power or duty given to the commission or director by this chapter
6-49 or another law conflicts with Section 531.0055, Government Code,
6-50 Section 531.0055 controls.
6-51 SECTION 2.17. Sections 11.012(a), (b), (c), and (d), Health
6-52 and Safety Code, are amended to read as follows:
6-53 (a) The commissioner of health and human services [board]
6-54 shall employ the commissioner in accordance with Section 531.0056,
6-55 Government Code [with the approval of the governor. The
6-56 commissioner serves at the will of the board].
6-57 (b) Except as provided in Subsection (c), the commissioner
6-58 must:
6-59 (1) have at least five years of experience in the
6-60 administration of public health systems; and
6-61 (2) be a person licensed to practice medicine in this
6-62 state.
6-63 (c) The commissioner of health and human services [board]
6-64 may, based on the qualifications and experience in administering
6-65 public health systems [and on two thirds vote of the board], employ
6-66 a person other than a physician as the commissioner.
6-67 (d) If the commissioner of health and human services [board]
6-68 employs a person as commissioner who is not a physician, then the
6-69 board shall designate a person licensed to practice medicine in
7-1 this state as chief medical executive.
7-2 SECTION 2.18. Subchapter A, Chapter 12, Health and Safety
7-3 Code, is amended by adding Section 12.0001 to read as follows:
7-4 Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
7-5 AND HUMAN SERVICES. The commissioner of health and human services
7-6 has the powers and duties relating to the board and commissioner as
7-7 provided by Section 531.0055, Government Code. To the extent a
7-8 power or duty given to the board or commissioner by this title or
7-9 another law conflicts with Section 531.0055, Government Code,
7-10 Section 531.0055 controls.
7-11 SECTION 2.19. Section 461.011(a), Health and Safety Code, is
7-12 amended to read as follows:
7-13 (a) The commissioner of health and human services
7-14 [commission] shall employ an executive director in accordance with
7-15 Section 531.0056, Government Code [with the approval of the
7-16 governor]. The executive director shall hire other necessary
7-17 employees.
7-18 SECTION 2.20. Chapter 461, Health and Safety Code, is
7-19 amended by adding Section 461.0115 to read as follows:
7-20 Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
7-21 AND HUMAN SERVICES. The commissioner of health and human services
7-22 has the powers and duties relating to the commission and executive
7-23 director as provided by Section 531.0055, Government Code. To the
7-24 extent a power or duty given to the commission or executive
7-25 director by this chapter or another law conflicts with Section
7-26 531.0055, Government Code, Section 531.0055 controls.
7-27 SECTION 2.21. Sections 532.011(a), (b), (d), and (f), Health
7-28 and Safety Code, are amended to read as follows:
7-29 (a) The commissioner of health and human services [board]
7-30 shall employ [appoint] a commissioner in accordance with Section
7-31 531.0056, Government Code [with the approval of the governor].
7-32 (b) To be qualified for employment [appointment] as
7-33 commissioner, a person must have:
7-34 (1) professional training and experience in the
7-35 administration or management of comprehensive health care or human
7-36 service operations; and
7-37 (2) proven administrative and management ability,
7-38 preferably in the health care area.
7-39 (d) The [Subject to board rules and basic and general
7-40 policies, the] commissioner:
7-41 (1) has the administrative and decisional powers
7-42 granted under this subtitle; and
7-43 (2) shall administer the department and this subtitle
7-44 and ensure [assure] the effective administration of the department
7-45 and its programs and services.
7-46 (f) The [With the board's approval, the] commissioner shall:
7-47 (1) establish an organizational structure within the
7-48 department that will promote the effective administration of this
7-49 subtitle; and
7-50 (2) establish the duties and functions of the
7-51 department's staff.
7-52 SECTION 2.22. Subchapter A, Chapter 533, Health and Safety
7-53 Code, is amended by adding Section 533.0001 to read as follows:
7-54 Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
7-55 AND HUMAN SERVICES. The commissioner of health and human services
7-56 has the powers and duties relating to the board and commissioner as
7-57 provided by Section 531.0055, Government Code. To the extent a
7-58 power or duty given to the board or commissioner by this title or
7-59 another law conflicts with Section 531.0055, Government Code,
7-60 Section 531.0055 controls.
7-61 SECTION 2.23. (a) In this section, "agency director" and
7-62 "policymaking body" have the meanings assigned by Section 531.0055,
7-63 Government Code, as added by this Act.
7-64 (b) An agency director serving on the effective date of this
7-65 Act continues to serve in that position until the earlier of the
7-66 date that:
7-67 (1) the director is removed from the position under
7-68 Subsection (c) of this section;
7-69 (2) the term provided by statute or contract for that
8-1 person's appointment or employment expires; or
8-2 (3) the director is removed from the position as
8-3 provided by law.
8-4 (c) An agency director serving immediately before January 1,
8-5 2000, is removed from the position on that date.
8-6 (d) The commissioner shall fill a position that becomes
8-7 vacant as described by Subsections (b)(1)-(3) of this section, with
8-8 the concurrence of the appropriate policymaking body and the
8-9 approval of the governor, as required by Section 531.0056,
8-10 Government Code, as added by this Act.
8-11 (e) With the concurrence of the appropriate policymaking
8-12 body and the approval of the governor, the commissioner of health
8-13 and human services is authorized to employ the agency director of
8-14 an agency added to those agencies defined as health and human
8-15 services agencies by Section 531.001, Government Code, by any other
8-16 Act of the 76th Legislature. The agency director is employed and
8-17 serves in accordance with Section 531.0056, Government Code, as
8-18 added by this Act.
8-19 ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH
8-20 AND HUMAN SERVICES COMMISSION
8-21 SECTION 3.01. Section 531.021(b), Government Code, is
8-22 amended to read as follows:
8-23 (b) The commission shall:
8-24 (1) plan and direct the Medicaid program in each
8-25 agency that operates a portion of the Medicaid program, including
8-26 the management of the Medicaid managed care system and the
8-27 development, procurement, management, and monitoring of contracts
8-28 necessary to implement the Medicaid managed care system;
8-29 (2) adopt [is responsible for adopting] reasonable
8-30 rules and standards governing the determination of fees, charges,
8-31 and rates for medical assistance payments under Chapter 32, Human
8-32 Resources Code, in consultation[. In adopting these rules and
8-33 standards, the commission shall consult] with the agencies that
8-34 operate the Medicaid program; and
8-35 (3) establish requirements for and define the scope of
8-36 the ongoing evaluation of the Medicaid managed care system
8-37 conducted in conjunction with the Texas Health Care Information
8-38 Council under Section 108.0065, Health and Safety Code.
8-39 SECTION 3.02. Subchapter B, Chapter 531, Government Code, is
8-40 amended by adding Sections 531.0246, 531.0247, 531.0248, and
8-41 531.0249 to read as follows:
8-42 Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN
8-43 SERVICES AGENCIES. Subject to Section 531.0055(c), the commission
8-44 may require a health and human services agency, under the direction
8-45 of the commission, to:
8-46 (1) locate all or a portion of the agency's employees
8-47 and programs in the same building as another health and human
8-48 services agency or at a location near or adjacent to the location
8-49 of another health and human services agency;
8-50 (2) ensure that the agency's location is accessible to
8-51 disabled employees and agency clients; and
8-52 (3) consolidate agency support services, including
8-53 clerical and administrative support services and information
8-54 resources support services, with support services provided to or by
8-55 another health and human services agency.
8-56 Sec. 531.0247. ANNUAL BUSINESS PLAN. Subject to Section
8-57 531.0055(c), the commission shall develop and implement an annual
8-58 business services plan for each health and human services region
8-59 that establishes performance objectives for all health and human
8-60 services agencies providing services in the region and measures
8-61 agency effectiveness and efficiency in achieving those objectives.
8-62 Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS.
8-63 (a) Subject to Section 531.0055(d), the commission shall assist
8-64 communities in this state in developing comprehensive,
8-65 community-based support systems for health and human services. At
8-66 the request of a community, the commission shall provide resources
8-67 and assistance to the community to enable the community to:
8-68 (1) identify and overcome institutional barriers to
8-69 developing more comprehensive community support systems, including
9-1 barriers that result from the policies and procedures of state
9-2 health and human services agencies; and
9-3 (2) develop a system of blended funds to allow the
9-4 community to customize services to fit individual community needs.
9-5 (b) At the request of the commission, a health and human
9-6 services agency shall provide resources and assistance to a
9-7 community as necessary to perform the commission's duties under
9-8 Subsection (a).
9-9 (c) A health and human services agency that receives or
9-10 develops a proposal for a community initiative shall submit the
9-11 initiative to the commission for review and approval. The
9-12 commission shall review the initiative to ensure that the
9-13 initiative is consistent with other similar programs offered in
9-14 communities and does not duplicate other services provided in the
9-15 community.
9-16 (d) In implementing this section, the commission shall
9-17 consider models used in other service delivery systems, including
9-18 the mental health and mental retardation service delivery system.
9-19 Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL
9-20 ENTITIES. (a) The commission shall appoint an advisory committee
9-21 composed of representatives of governmental entities identified
9-22 under Section 531.022(e).
9-23 (b) The advisory committee:
9-24 (1) shall advise the commission with respect to
9-25 establishing flexible and responsive strategies for blending
9-26 federal, state, and other available funding sources to meet local
9-27 program needs and service priorities, in implementation of Sections
9-28 531.022, 531.024, and 531.0248; and
9-29 (2) may assist the commission in performing its other
9-30 functions under Sections 531.022, 531.024, 531.0248, and
9-31 531.028(b)(6).
9-32 (c) A member of the advisory committee may not receive
9-33 compensation, but is entitled to reimbursement of the travel
9-34 expenses incurred by the member while conducting the business of
9-35 the committee, as provided by the General Appropriations Act.
9-36 (d) The advisory committee is not subject to Chapter 2110.
9-37 SECTION 3.03. Sections 531.0271 and 531.0273, Government
9-38 Code, are amended to read as follows:
9-39 Sec. 531.0271. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
9-40 BUDGETS. The commission may, within the limits established by and
9-41 subject to [(a) In addition to the provisions of] the General
9-42 Appropriations Act, transfer amounts appropriated to health and
9-43 human services agencies among the agencies to [the commission shall
9-44 review and comment on]:
9-45 (1) enhance the receipt of federal money under the
9-46 federal funds management system established under Section 531.028;
9-47 (2) achieve efficiencies in the administrative support
9-48 functions of the agencies; and
9-49 (3) perform the functions assigned to the commissioner
9-50 under Section 531.0055 [the annual operating budget of each health
9-51 and human services agency; and]
9-52 [(2) the transfer of funds between budget strategies
9-53 made by each health and human services agency before that transfer.]
9-54 [(b) The commission shall issue a quarterly report regarding
9-55 the projected expenditures by budget strategy of each health and
9-56 human services agency compared to each agency's operating budget].
9-57 Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
9-58 MANAGEMENT; ADVISORY COMMITTEE [AUTOMATED SYSTEMS]. (a) The
9-59 commission is responsible for strategic planning for information
9-60 resources at each health and human services agency and shall direct
9-61 the management of information resources at each health and human
9-62 services agency. The commission shall:
9-63 (1) develop a coordinated strategic plan for
9-64 information resources management that:
9-65 (A) covers a five-year period;
9-66 (B) defines objectives for information resources
9-67 management at each health and human services agency;
9-68 (C) prioritizes information resources projects
9-69 and implementation of new technology for all health and human
10-1 services agencies;
10-2 (D) integrates planning and development of each
10-3 information resources system used by a health and human services
10-4 agency into a coordinated information resources management planning
10-5 and development system established by the commission;
10-6 (E) establishes standards for information
10-7 resources system security and that promotes the ability of
10-8 information resources systems to operate with each other; and
10-9 (F) achieves economies of scale and related
10-10 benefits in purchasing for health and human services information
10-11 resources systems;
10-12 (2) establish information resources management
10-13 policies, procedures, and technical standards and ensure compliance
10-14 with those policies, procedures, and standards; and
10-15 (3) review and approve the information resources
10-16 management and biennial operating plan of each health and human
10-17 services agency.
10-18 (b) Not later than December 15 of each even-numbered year,
10-19 the commission shall file the coordinated information resources
10-20 strategic plan with the governor, the lieutenant governor, and the
10-21 speaker of the house of representatives.
10-22 (c) A health and human services agency may not submit its
10-23 plans to the Department of Information Resources under Subchapter
10-24 E, Chapter 2054, until those plans are approved by the commission.
10-25 (d) The commission shall appoint an advisory committee
10-26 composed of:
10-27 (1) information resources managers for state agencies
10-28 and for private employers; and
10-29 (2) the directors, executive directors, and
10-30 commissioners of health and human services agencies.
10-31 (e) The advisory committee appointed under Subsection (d)
10-32 shall advise the commission with respect to the implementation of
10-33 the commission's duties under Subsection (a)(1) and:
10-34 (1) shall advise the commission about:
10-35 (A) overall goals and objectives for information
10-36 resources management for all health and human services agencies;
10-37 (B) coordination of agency information resources
10-38 management plans;
10-39 (C) development of short-term and long-term
10-40 strategies for:
10-41 (i) implementing information resources
10-42 management policies, procedures, and technical standards; and
10-43 (ii) ensuring compatibility of information
10-44 resources systems across health and human services agencies as
10-45 technology changes;
10-46 (D) information resources training and skill
10-47 development for health and human services agency employees and
10-48 policies to facilitate recruitment and retention of trained
10-49 employees;
10-50 (E) standards for determining:
10-51 (i) the circumstances in which obtaining
10-52 information resources services under contract is appropriate;
10-53 (ii) the information resources services
10-54 functions that must be performed by health and human services
10-55 agency information resources services employees; and
10-56 (iii) the information resources services
10-57 skills that must be maintained by health and human services agency
10-58 information resources services employees;
10-59 (F) optimization of the use of information
10-60 resources technology that is in place at health and human services
10-61 agencies; and
10-62 (G) existing and potential future information
10-63 resources technologies and practices and the usefulness of those
10-64 technologies and practices to health and human services agencies;
10-65 and
10-66 (2) shall review and make recommendations to the
10-67 commission relating to the consolidation and improved efficiency of
10-68 information resources management functions, including:
10-69 (A) cooperative leasing of information resources
11-1 systems equipment;
11-2 (B) consolidation of data centers;
11-3 (C) improved network operations;
11-4 (D) technical support functions, including help
11-5 desk services, call centers, and data warehouses;
11-6 (E) administrative applications;
11-7 (F) purchases of standard software;
11-8 (G) joint training efforts;
11-9 (H) recruitment and retention of trained agency
11-10 employees;
11-11 (I) video conferencing; and
11-12 (J) other related opportunities for improved
11-13 efficiency.
11-14 (f) A member of the advisory committee may not receive
11-15 compensation, but is entitled to reimbursement of the travel
11-16 expenses incurred by the member while conducting the business of
11-17 the committee, as provided by the General Appropriations Act.
11-18 (g) The advisory committee is not subject to Chapter 2110.
11-19 SECTION 3.04. Section 531.028, Government Code, is amended
11-20 to read as follows:
11-21 Sec. 531.028. MONITORING AND EFFECTIVE MANAGEMENT [AND
11-22 DISTRIBUTION] OF FUNDS. (a) The commission, within the limits
11-23 established by and subject to the General Appropriations Act, shall
11-24 be responsible for planning for, and managing the use of, all
11-25 federal funds in a manner that maximizes the federal funding
11-26 available to the state while promoting the delivery of services.
11-27 (b) The commissioner shall establish a federal money
11-28 management system to coordinate and monitor the use of federal
11-29 money that is received by health and human services agencies to
11-30 ensure that the money is spent in the most efficient manner and
11-31 shall:
11-32 (1) establish priorities for use of federal money by
11-33 all health and human services agencies, in coordination with the
11-34 coordinated strategic plan established under Section 531.022 and
11-35 the budget prepared under Section 531.026;
11-36 (2) coordinate and monitor the use of federal money
11-37 for health and human services to ensure that the money is spent in
11-38 the most cost-effective manner throughout the health and human
11-39 services system;
11-40 (3) review and approve all federal funding plans for
11-41 health and human services in this state;
11-42 (4) estimate available federal money, including earned
11-43 federal money, and monitor unspent money;
11-44 (5) ensure that the state meets federal requirements
11-45 relating to receipt of federal money for health and human services,
11-46 including requirements relating to state matching money and
11-47 maintenance of effort;
11-48 (6) transfer appropriated amounts as described by
11-49 Section 531.0271; and
11-50 (7) ensure that each governmental entity identified
11-51 under Section 531.022(e) has access to complete and timely
11-52 information about all sources of federal money for health and human
11-53 services programs and that technical assistance is available to
11-54 governmental entities seeking grants of federal money to provide
11-55 health and human services.
11-56 (c) The commission shall prepare an annual report with
11-57 respect to the results of the implementation of this section. The
11-58 report must identify strategies to maximize the receipt and use of
11-59 federal funds and to improve federal funds management. The
11-60 commission shall file the report with the governor, the lieutenant
11-61 governor, and the speaker of the house of representatives not later
11-62 than December 15 of each year [request budget execution for the
11-63 transfer of funds from one agency to another;]
11-64 [(2) establish a federal health and human services
11-65 funds management system and maximize the availability of those
11-66 funds; and]
11-67 [(3) review and comment on health and human services
11-68 agency formulas for the distribution of funds to ensure that the
11-69 formulas, to the extent permitted by federal law, consider such
12-1 need factors as client base, population, and economic and
12-2 geographic factors within the regions of the state].
12-3 SECTION 3.05. Section 531.0312, Government Code, is amended
12-4 to read as follows:
12-5 Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK.
12-6 (a) The Texas Information and Referral Network at the commission
12-7 is the program responsible for the development, coordination, and
12-8 implementation of a statewide information and referral network that
12-9 integrates existing community-based structures with state and local
12-10 agencies. The network must include information relating to
12-11 transportation services provided to clients of state and local
12-12 agencies.
12-13 (b) The commission shall cooperate with the Records
12-14 Management Interagency Coordinating Council and the General
12-15 Services Commission to establish a single method of categorizing
12-16 information about health and human services to be used by the
12-17 Records Management Interagency Coordinating Council and the Texas
12-18 Information and Referral Network. The network, in cooperation with
12-19 the council and the General Services Commission, shall ensure that:
12-20 (1) information relating to health and human services
12-21 is included in each residential telephone directory published by a
12-22 for-profit publisher and distributed to the public at minimal or no
12-23 cost; and
12-24 (2) the single method of categorizing information
12-25 about health and human services is used in a residential telephone
12-26 directory described by Subdivision (1).
12-27 (c) A health and human services agency shall provide the
12-28 Texas Information and Referral Network and the Records Management
12-29 Interagency Coordinating Council with information about the health
12-30 and human services provided by the agency for inclusion in the
12-31 statewide information and referral network, residential telephone
12-32 directories described by Subsection (b), and any other materials
12-33 produced under the direction of the network or the council. The
12-34 agency shall provide the information in the format required by the
12-35 Texas Information and Referral Network or the Records Management
12-36 Interagency Coordinating Council and shall update the information
12-37 at least quarterly or as required by the network or the council.
12-38 SECTION 3.06. Section 531.034, Government Code, is amended
12-39 by amending Subsection (b) and adding Subsection (d) to read as
12-40 follows:
12-41 (b) The commission shall review agency rules:
12-42 (1) for compliance with:
12-43 (A) [(1)] the coordinated strategic plan;
12-44 (B) [(2)] existing statutory authority;
12-45 (C) [(3)] rules of other health and human
12-46 services agencies; and
12-47 (D) [(4)] budgetary implications; and
12-48 (2) to ensure that the rules do not:
12-49 (A) discourage marriage; or
12-50 (B) encourage divorce.
12-51 (d) The commission shall adopt rules to establish criteria
12-52 for determining, as required by Subsection (b), whether an agency
12-53 rule discourages marriage or encourages divorce.
12-54 SECTION 3.07. Section 441.053(j), Government Code, is
12-55 redesignated as Subsection (j) of Section 441.203, Government Code,
12-56 as added by Chapter 873, Acts of the 75th Legislature, Regular
12-57 Session, 1997, and is amended to read as follows:
12-58 (j) The council shall categorize state agency programs and
12-59 telephone numbers by subject matter as well as by agency. The
12-60 council shall cooperate with the Texas Information and Referral
12-61 Network under Section 531.0312 to ensure that the council and the
12-62 network use a single method of defining and organizing information
12-63 about health and human services. State agencies shall cooperate
12-64 with the council by providing the council with the information it
12-65 needs to perform this function.
12-66 SECTION 3.08. Section 9.12, Chapter 655, Acts of the 74th
12-67 Legislature, Regular Session, 1995, as amended by Section 1,
12-68 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
12-69 is redesignated as Subchapter F, Chapter 531, Government Code, and
13-1 amended to read as follows:
13-2 SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
13-3 Sec. 531.191 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
13-4 (a) The commission [In consultation and coordination with the
13-5 Texas Integrated Enrollment Services Legislative Oversight
13-6 Committee established under Section 531.202, Government Code, the
13-7 Health and Human Services Commission], subject to the approval of
13-8 the governor and the Legislative Budget Board, shall develop and
13-9 implement a plan for the integration of services and functions
13-10 relating to eligibility determination and service delivery by
13-11 health and human services agencies, the Texas Workforce Commission,
13-12 and other agencies. The plan must include a reengineering of
13-13 eligibility determination business processes, streamlined service
13-14 delivery, a unified and integrated process for the transition from
13-15 welfare to work, and improved access to benefits and services for
13-16 clients. In developing and implementing the plan, the commission
13-17 [Health and Human Services Commission]:
13-18 (1) shall give priority to the design and development
13-19 of computer hardware and software for and provide technical support
13-20 relating to the integrated eligibility determination system;
13-21 (2) shall consult with agencies whose programs are
13-22 included in the plan, including the Texas Department of Human
13-23 Services, the Texas Department of Health, and the Texas Workforce
13-24 Commission;
13-25 (3) may contract for appropriate professional and
13-26 technical assistance; and
13-27 (4) may use the staff and resources of agencies whose
13-28 programs are included in the plan.
13-29 (b) The integrated eligibility determination and service
13-30 delivery system shall be developed and implemented to achieve
13-31 increased quality of and client access to services and savings in
13-32 the cost of providing administrative and other services and staff
13-33 resulting from streamlining and eliminating duplication of
13-34 services. The commission, subject to any spending limitation
13-35 prescribed in the General Appropriations Act, may use the resulting
13-36 savings to further develop the integrated system and to provide
13-37 other health and human services.
13-38 (c) The commission shall examine cost-effective methods to
13-39 address:
13-40 (1) fraud in the assistance programs; and
13-41 (2) the error rate in eligibility determination.
13-42 (d) On receipt by the state of any necessary federal
13-43 approval and subject to the approval of the governor and the
13-44 Legislative Budget Board, the commission may contract for
13-45 implementation of all or part of the plan required by Subsection
13-46 (a) [of this section] if the commission determines that contracting
13-47 may advance the objectives of Subsections (a) and (b) [of this
13-48 section] and meets the criteria set out in the cost-benefit
13-49 analysis described in this subsection. Before the awarding of a
13-50 contract, the commission shall provide a detailed cost-benefit
13-51 analysis to the governor and[,] the Legislative Budget Board[, and
13-52 the Texas Integrated Enrollment Services Legislative Oversight
13-53 Committee established under Section 531.202, Government Code]. The
13-54 analysis must demonstrate the cost-effectiveness of the plan,
13-55 mechanisms for monitoring performance under the plan, and specific
13-56 improvements to the service delivery system and client access made
13-57 by the plan. The commission shall make the analysis available to
13-58 the public. Within 10 days after the release of a request for
13-59 bids, proposals, offers, or other applicable expressions of
13-60 interest relating to the development or implementation of the plan
13-61 required by Subsection (a) [of this section], the commission shall
13-62 hold a public hearing and receive public comment on the request.
13-63 [The commission may coordinate with a legislative committee to hold
13-64 the hearings.]
13-65 (e) [Not later than October 1, 1996, the commission shall
13-66 develop a plan to consolidate administrative and service delivery
13-67 functions in addition to the integrated eligibility determination
13-68 and service delivery system in order to minimize duplication. The
13-69 commission shall prepare a report of the plan for submission to the
14-1 governor, the lieutenant governor, the speaker of the house of
14-2 representatives, the comptroller, and the 75th Legislature when it
14-3 convenes.]
14-4 [(f)] If requested by the commission [Health and Human
14-5 Services Commission], the agencies whose programs are included in
14-6 the plan required by Subsection (a) [of this section] shall
14-7 cooperate with the commission to provide available staff and
14-8 resources that will be subject to the direction of the commission.
14-9 (f) [(g)] The design, development, and operation of an
14-10 automated data processing system to support the plan required by
14-11 Subsection (a) [of this section] may be financed through the
14-12 issuance of bonds or other obligations under the Texas Public
14-13 Finance Authority Act (Article 601d, Vernon's Texas Civil
14-14 Statutes).
14-15 Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT
14-16 COMMITTEE. (a) The commission shall develop and implement the
14-17 plan required by Section 531.191 in consultation and coordination
14-18 with the Texas Integrated Enrollment Services Legislative Oversight
14-19 Committee established by Section 531.202.
14-20 (b) Before awarding a contract under Section 531.191(d), the
14-21 commission shall provide the detailed cost-benefit analysis
14-22 described by that subsection to the legislative oversight
14-23 committee. The commission may coordinate with the legislative
14-24 oversight committee to hold any hearing required under Section
14-25 531.191(d).
14-26 (c) This section expires September 1, 2002.
14-27 SECTION 3.09. Subchapter D, Chapter 531, Government Code, as
14-28 added by Chapter 1116, Acts of the 75th Legislature, Regular
14-29 Session, 1997, is redesignated as Subchapter G, Chapter 531,
14-30 Government Code, and the subchapter heading is amended to read as
14-31 follows:
14-32 SUBCHAPTER G [D]. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED
14-33 ENROLLMENT SERVICES
14-34 SECTION 3.10. Section 531.203(a), Government Code, is
14-35 amended to read as follows:
14-36 (a) The committee shall:
14-37 (1) meet at the call of the presiding officer;
14-38 (2) receive information about rules proposed or
14-39 adopted by the commission;
14-40 (3) review specific recommendations for legislation
14-41 proposed by the commission; and
14-42 (4) hold public hearings concerning the development
14-43 and implementation of the plan required by Subchapter F [Section
14-44 9.12(a), Chapter 655, Acts of the 74th Legislature, Regular
14-45 Session, 1995,] in at least four geographically diverse locations
14-46 in the state.
14-47 SECTION 3.11. Section 2155.144, Government Code, as added by
14-48 Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,
14-49 is amended to read as follows:
14-50 Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES
14-51 AGENCIES. (a) This section applies only to the Health and Human
14-52 Services Commission and to each health and human services agency.
14-53 (b) An agency to which this section applies is delegated the
14-54 authority to procure its goods and services, except as provided by
14-55 this section.
14-56 (c) An agency to which this section applies shall acquire
14-57 goods or services by any procurement method approved by the Health
14-58 and Human Services Commission that provides the best value to the
14-59 agency. The agency shall document that it considered all relevant
14-60 factors under Subsection (d) in making the acquisition.
14-61 (d) Subject to Subsection (e), the agency may consider all
14-62 relevant factors in determining the best value, including:
14-63 (1) any installation costs;
14-64 (2) the delivery terms;
14-65 (3) the quality and reliability of the vendor's goods
14-66 or services;
14-67 (4) the extent to which the goods or services meet the
14-68 agency's needs;
14-69 (5) indicators of probable vendor performance under
15-1 the contract such as past vendor performance, the vendor's
15-2 financial resources and ability to perform, the vendor's experience
15-3 and responsibility, and the vendor's ability to provide reliable
15-4 maintenance agreements;
15-5 (6) the impact on the ability of the agency to comply
15-6 with laws and rules relating to historically underutilized
15-7 businesses or relating to the procurement of goods and services
15-8 from persons with disabilities;
15-9 (7) the total long-term cost to the agency of
15-10 acquiring the vendor's goods or services;
15-11 (8) the cost of any employee training associated with
15-12 the acquisition;
15-13 (9) the effect of an acquisition on agency
15-14 productivity;
15-15 (10) the acquisition price; and
15-16 (11) any other factor relevant to determining the best
15-17 value for the agency in the context of a particular acquisition.
15-18 (e) If an agency to which this section applies acquires
15-19 goods or services with a value that exceeds $100,000, the agency
15-20 shall notify the state auditor and shall consult with and receive
15-21 approval from the Health and Human Services Commission before
15-22 considering factors other than price and meeting specifications.
15-23 (f) The state auditor may audit the agency's acquisitions of
15-24 goods and services before or after a warrant is issued to pay for
15-25 an acquisition.
15-26 (g) The agency may adopt rules and procedures for the
15-27 acquisition of goods and services under this section.
15-28 (h) The Health and Human Services Commission shall adopt
15-29 rules and procedures for the acquisition of goods and services
15-30 under this section that apply to all health and human services
15-31 agencies, including rules adopted with the commission's assistance
15-32 that allow an agency to make purchases through a group purchasing
15-33 program except when a better value is available through another
15-34 procurement method. The rules of the health and human services
15-35 agencies must be consistent with the rules of the Health and Human
15-36 Services Commission.
15-37 (i) Subject to Section 531.0055(c), the Health and Human
15-38 Services Commission shall develop a single statewide risk analysis
15-39 procedure. Each health and human services agency shall comply with
15-40 the procedure. The procedure must provide for:
15-41 (1) assessing the risk of fraud, abuse, or waste in
15-42 health and human services agencies contractor selection processes,
15-43 contract provisions, and payment and reimbursement rates and
15-44 methods for the different types of goods and services for which
15-45 health and human services agencies contract;
15-46 (2) identifying contracts that require enhanced
15-47 contract monitoring; and
15-48 (3) coordinating contract monitoring efforts among
15-49 health and human services agencies.
15-50 (j) Subject to Section 531.0055(c), the Health and Human
15-51 Services Commission shall publish a contract management handbook
15-52 that establishes consistent contracting policies and practices to
15-53 be followed by health and human services agencies. The handbook
15-54 may include standard contract provisions and formats for health and
15-55 human services agencies to incorporate as applicable in their
15-56 contracts.
15-57 (k) Subject to Section 531.0055(c), the Health and Human
15-58 Services Commission, in cooperation with the comptroller, shall
15-59 establish a central contract management database that identifies
15-60 each contract made with a health and human services agency. The
15-61 commission may use the database to monitor health and human
15-62 services agency contracts, and health and human services agencies
15-63 may use the database in contracting. A state agency shall send to
15-64 the commission in the manner prescribed by the commission the
15-65 information the agency possesses that the commission requires for
15-66 inclusion in the database.
15-67 (l) The Health and Human Services Commission shall
15-68 coordinate the procurement practices of all health and human
15-69 services agencies and encourage those agencies to use efficient
16-1 procurement practices such as the use of a group purchasing
16-2 program, combining maintenance contracts into one contract, and
16-3 obtaining prompt payment discounts. In implementing this duty, the
16-4 Health and Human Services Commission may review the procurement and
16-5 rate-setting procedures of each health and human services agency to
16-6 ensure that amounts paid to contractors are consistent and
16-7 represent the best value for the state. The Health and Human
16-8 Services Commission may disapprove a procurement and rate-setting
16-9 procedure of a health and human services agency. A health and
16-10 human services agency may not use a procurement or rate-setting
16-11 procedure that has been disapproved by the commission. The Health
16-12 and Human Services Commission may transfer the procurement
16-13 functions of a health and human services agency to another
16-14 appropriate state agency if it determines that transferring those
16-15 functions would be advantageous to the state. Other state agencies
16-16 and institutions with experience in acquiring goods and services
16-17 using the procedures allowed under Subsections (c) and (d) shall on
16-18 request assist the Health and Human Services Commission to perform
16-19 its functions under this section.
16-20 (m) Subject to Section 531.0055(c), the Health and Human
16-21 Services Commission shall develop and implement a statewide plan to
16-22 ensure that each entity that contracts with a health and human
16-23 services agency and any subcontractor of the entity complies with
16-24 the accessibility requirements of the Americans with Disabilities
16-25 Act of 1990 (42 U.S.C. Section 12101 et seq.).
16-26 (n) [(j)] To the extent of any conflict, this section
16-27 prevails over any other state law relating to the procurement of
16-28 goods and services except a law relating to contracting with
16-29 historically underutilized businesses or relating to the
16-30 procurement of goods and services from persons with disabilities.
16-31 (o) The Health and Human Services Commission shall prepare
16-32 an annual report that assesses the compliance of each health and
16-33 human services agency with the requirements imposed under this
16-34 section and that identifies any material risk to the state or to
16-35 the clients of the health and human services agency that results
16-36 from the agency's procurement and contracting practices. The
16-37 commission may request the assistance of the state auditor in
16-38 preparing the report. The state auditor shall conduct reviews as
16-39 necessary to assess compliance under this subsection as determined
16-40 by the Legislative Audit Committee. The commission shall file the
16-41 report with the governor, the lieutenant governor, and the speaker
16-42 of the house of representatives not later than December 15 of each
16-43 year.
16-44 (p) [(k)] In this section, "health and human services
16-45 agency" has the meaning assigned by Section 531.001.
16-46 SECTION 3.12. Section 2167.004, Government Code, is amended
16-47 to read as follows:
16-48 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
16-49 AGENCIES. (a) Notwithstanding any other provision of this chapter
16-50 or of Subchapter C, Chapter 2165, the commission may not lease
16-51 office space to serve the needs of any health and human services
16-52 agency unless the Health and Human Services Commission has approved
16-53 the office space for the agency.
16-54 (b) The commission may not enter into an emergency lease to
16-55 serve the needs of a health and human services agency unless the
16-56 emergency lease is entered into under criteria adopted by the
16-57 Health and Human Services Commission in consultation with the
16-58 commission. The criteria must:
16-59 (1) encourage advance planning by the health and human
16-60 services agency to facilitate regional management of health and
16-61 human services agencies by the Health and Human Services Commission
16-62 under Section 531.0246; and
16-63 (2) ensure that the circumstances that require an
16-64 emergency lease are outside of the control of the agency and that
16-65 the agency could not reasonably have been expected to foresee the
16-66 circumstances.
16-67 (c) In this section, "health and human services agency" has
16-68 the meaning assigned by Section 531.001 [means the:]
16-69 [(1) Interagency Council on Early Childhood
17-1 Intervention Services;]
17-2 [(2) Texas Department on Aging;]
17-3 [(3) Texas Commission on Alcohol and Drug Abuse;]
17-4 [(4) Texas Commission for the Blind;]
17-5 [(5) Texas Commission for the Deaf and Hearing
17-6 Impaired;]
17-7 [(6) Texas Department of Health;]
17-8 [(7) Texas Department of Human Services;]
17-9 [(8) Texas Juvenile Probation Commission;]
17-10 [(9) Texas Department of Mental Health and Mental
17-11 Retardation;]
17-12 [(10) Texas Rehabilitation Commission; or]
17-13 [(11) Department of Protective and Regulatory
17-14 Services].
17-15 SECTION 3.13. Not later than January 1, 2000, the Health and
17-16 Human Services Commission shall adopt the rules required by Section
17-17 531.034(d), Government Code, as added by this article.
17-18 SECTION 3.14. (a) Not later than December 15, 2000, the
17-19 Health and Human Services Commission shall submit a report relating
17-20 to the delivery of mental health and substance abuse services in
17-21 this state to the governor, the lieutenant governor, and the
17-22 speaker of the house of representatives. The report must include:
17-23 (1) a comprehensive inventory of all mental health and
17-24 substance abuse services provided by state agencies;
17-25 (2) the populations to which the services are
17-26 provided;
17-27 (3) the amount of state resources expended on the
17-28 services;
17-29 (4) a comprehensive description of interagency
17-30 coordination and collaborative initiatives related to those
17-31 services; and
17-32 (5) an assessment of whether any of those services are
17-33 redundant of other services provided by state agencies.
17-34 (b) A health and human services agency or any other state
17-35 agency that provides mental health or substance abuse services
17-36 shall provide the Health and Human Services Commission any
17-37 information, other than confidential information, requested by the
17-38 commission relating to mental health and substance abuse services
17-39 provided by the agency.
17-40 (c) This section expires December 31, 2000.
17-41 SECTION 3.15. (a) Not later than December 15, 2000, the
17-42 Health and Human Services Commission shall submit a report relating
17-43 to regulatory programs conducted by the Texas Department of Health
17-44 to the governor, the lieutenant governor, and the speaker of the
17-45 house of representatives. In preparing the report, the commission
17-46 must consider whether:
17-47 (1) health-related regulatory programs conducted by
17-48 the Texas Department of Health should be consolidated or
17-49 restructured;
17-50 (2) a new agency, similar to the Texas Department of
17-51 Licensing and Regulation, should be established to administer all
17-52 or some of the health-related regulatory programs;
17-53 (3) a new agency should be established to administer
17-54 regulatory programs related to health-related professions;
17-55 (4) a new agency should be established to regulate
17-56 health-related facilities;
17-57 (5) the duties of the Health Professions Council
17-58 should be expanded to encompass all or some of the health-related
17-59 regulatory programs; or
17-60 (6) health-related regulatory programs administered by
17-61 the Texas Department of Health should continue to be administered
17-62 by the department without consolidation or restructuring.
17-63 (b) This section expires December 31, 2000.
17-64 SECTION 3.16. (a) The Health and Human Services Commission
17-65 shall:
17-66 (1) assess the benefits of consolidating support
17-67 services provided to health and human services agencies in agency
17-68 headquarters and in regional offices; and
17-69 (2) develop a proposed plan and schedule for
18-1 colocating offices and consolidating support services in accordance
18-2 with Section 531.0246, Government Code, as added by this article.
18-3 (b) Not later than September 1, 2000, the Health and Human
18-4 Services Commission shall report the results of the assessment,
18-5 together with the proposed plan and schedule, to the governor, the
18-6 lieutenant governor, and the speaker of the house of
18-7 representatives.
18-8 SECTION 3.17. The Health and Human Services Commission, the
18-9 General Services Commission, and the Records Management Interagency
18-10 Coordinating Council shall ensure that information about health
18-11 and human services presented in the format required by Section
18-12 531.0312, Government Code, as amended by this article, is available
18-13 for publication in residential telephone directories to be
18-14 distributed to the public after December 1, 2000. Not later than
18-15 December 31, 2000, the Health and Human Services Commission, the
18-16 General Services Commission, and the Records Management Interagency
18-17 Coordinating Council shall each report to the governor, the
18-18 lieutenant governor, and the speaker of the house of
18-19 representatives with respect to the implementation of this section.
18-20 SECTION 3.18. Notwithstanding Section 2155.144(o),
18-21 Government Code, as added by this article, the state auditor shall
18-22 conduct initial reviews as necessary to assess compliance under
18-23 that subsection and complete those reviews not later than September
18-24 1, 2001.
18-25 SECTION 3.19. (a) The Health and Human Services Commission
18-26 shall study the feasibility of a subacute care pilot project. The
18-27 Texas Department of Human Services and the Texas Department of
18-28 Health shall cooperate with and assist the commission in this
18-29 study. In conducting the study, the Health and Human Services
18-30 Commission shall consider:
18-31 (1) estimates of the potential fiscal impact,
18-32 including the potential to save money;
18-33 (2) the impact of subacute care on quality of care;
18-34 (3) reimbursement under the state's reimbursement and
18-35 regulatory policies;
18-36 (4) the capacity of facilities in this state to
18-37 provide subacute care; and
18-38 (5) the impact of subacute care reimbursement on
18-39 Medicaid, including managed care initiatives.
18-40 (b) Not later than September 1, 2000, the commission shall
18-41 submit a report on the feasibility of a subacute care pilot project
18-42 to the governor, the lieutenant governor, the speaker of the house
18-43 of representatives, and the chair of each legislative committee
18-44 with jurisdiction over long-term care.
18-45 (c) This section expires September 1, 2001.
18-46 ARTICLE 4. INVESTIGATIONS OF FRAUD, ABUSE, AND EXPLOITATION
18-47 SECTION 4.01. In this article:
18-48 (1) "Commission" means the Health and Human Services
18-49 Commission.
18-50 (2) "Working group" means the working group convened
18-51 under Section 4.02 of this article.
18-52 SECTION 4.02. Except as provided by Section 4.05 of this
18-53 article, the commission shall identify each health and human
18-54 services agency that may be required to conduct an investigation of
18-55 abuse, neglect, or exploitation of a client of the agency at a
18-56 facility operated by or under contract with the agency and any
18-57 agency covered under Section 261.401, Family Code, or Section
18-58 48.082, Human Resources Code, and shall convene a working group of
18-59 representatives of those agencies and advocates for the affected
18-60 clients.
18-61 SECTION 4.03. Not later than August 1, 2000, the working
18-62 group shall develop:
18-63 (1) proposed definitions of "abuse," "neglect," and
18-64 "exploitation";
18-65 (2) proposed minimum standards for investigatory
18-66 techniques for investigations of abuse, neglect, or exploitation of
18-67 a client; and
18-68 (3) proposed uniform data collection procedures,
18-69 including procedures for collection of information on deaths that
19-1 occur in the affected facilities.
19-2 SECTION 4.04. (a) The commission shall present a report on
19-3 the results of the working group to the governor, the lieutenant
19-4 governor, and the speaker of the house of representatives not later
19-5 than November 1, 2000.
19-6 (b) The report must include any recommendations, based on
19-7 the results of the working group, for changes in law the commission
19-8 considers necessary.
19-9 SECTION 4.05. The working group may not include a
19-10 representative of the Texas Juvenile Probation Commission and may
19-11 not include recommendations relating to facilities operated by or
19-12 under contract with the Texas Juvenile Probation Commission.
19-13 ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
19-14 SECTION 5.01. Sections 531.122(b) and (d), Government Code,
19-15 are amended to read as follows:
19-16 (b) The advisory board is composed of one representative
19-17 from each of the health and human services regions, as defined by
19-18 the commission, three public representatives, and one
19-19 representative of the Department of Protective and Regulatory
19-20 Services. The representatives of the health and human services
19-21 regions are appointed by a majority vote of the judges of the
19-22 statutory probate courts in each region. If a health and human
19-23 services region does not contain a statutory probate court, the
19-24 representative shall be appointed by a majority vote of the judges
19-25 of the statutory probate courts in the state. The public
19-26 representatives are appointed by the commissioner and the
19-27 representative of the Department of Protective and Regulatory
19-28 Services is appointed by the Board of Protective and Regulatory
19-29 Services.
19-30 (d) A member of the advisory board serves at the pleasure of
19-31 a majority of the judges of the statutory probate courts that
19-32 appointed the member, of the commissioner, or of the Board of
19-33 Protective and Regulatory Services, as appropriate.
19-34 SECTION 5.02. Subchapter D, Chapter 531, Government Code, as
19-35 added by Chapter 1033, Acts of the 75th Legislature, Regular
19-36 Session, 1997, is amended by adding Section 531.1235 to read as
19-37 follows:
19-38 Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE
19-39 GUARDIANSHIP SYSTEM. (a) In addition to performing the duties
19-40 described by Section 531.122, the advisory board shall:
19-41 (1) advise the commission and the Department of
19-42 Protective and Regulatory Services with respect to a statewide
19-43 guardianship program and develop a proposal for a statewide
19-44 guardianship program; and
19-45 (2) review and comment on the guardianship policies of
19-46 all health and human services agencies and recommend changes to the
19-47 policies the advisory board considers necessary or advisable.
19-48 (b) The advisory board shall prepare an annual report with
19-49 respect to the recommendations of the advisory board under
19-50 Subsection (a). The advisory board shall file the report with the
19-51 commission, the Department of Protective and Regulatory Services,
19-52 the governor, the lieutenant governor, and the speaker of the house
19-53 of representatives not later than December 15 of each year.
19-54 SECTION 5.03. Section 531.124, Government Code, is amended
19-55 by adding Subsection (c) to read as follows:
19-56 (c) The advisory board shall annually review and comment on
19-57 the minimum standards adopted under Subsection (a)(1) and the plan
19-58 implemented under Subsection (a)(2) and shall include its
19-59 conclusions in the report submitted under Section 531.1235.
19-60 SECTION 5.04. Not later than October 1, 1999, the Board of
19-61 Protective and Regulatory Services shall appoint the additional
19-62 members of the Guardianship Advisory Board, as required by Section
19-63 531.122, Government Code, as amended by this article.
19-64 ARTICLE 6. HEALTH AND HUMAN SERVICES OFFICE
19-65 OF COMMUNITY TRANSPORTATION SERVICES
19-66 SECTION 6.01. Chapter 131, Human Resources Code, is amended
19-67 to read as follows:
19-68 CHAPTER 131. HEALTH AND HUMAN SERVICES OFFICE OF COMMUNITY
19-69 TRANSPORTATION SERVICES [AND PLANNING OFFICE]
20-1 Sec. 131.001. OFFICE. The Health and Human Services
20-2 [Transportation and Planning] Office of Community Transportation
20-3 Services is in the Health and Human Services Commission.
20-4 Sec. 131.002. DEFINITIONS. In this chapter:
20-5 (1) "Commissioner" means the commissioner of health
20-6 and human services.
20-7 (2) "Health and human services agency" has the meaning
20-8 assigned by Section 531.001, Government Code.
20-9 (3) "Office" means the Health and Human Services
20-10 Office of Community Transportation Services.
20-11 Sec. 131.003. POWERS AND DUTIES. (a) The office, with
20-12 assistance from the commissioner, shall:
20-13 (1) collect data on health and human services client
20-14 transportation needs, services, and expenditures;
20-15 (2) create a statewide coordination plan regarding a
20-16 system of transportation for clients of health and human services
20-17 agencies that provides for coordinated, community-based services,
20-18 including the designation of local transportation coordinators;
20-19 (3) establish a standardized system [standards] of
20-20 reporting and accounting to be used by [methods for] all health and
20-21 human services agencies providing [health and human services]
20-22 client transportation, and ensure that information reported under
20-23 that system is available through the Texas Information and Referral
20-24 Network;
20-25 (4) maximize federal funds for client transportation
20-26 through the use of available state funds for matching purposes and
20-27 the possible use of oil overcharge money and planning funds
20-28 available through the federal department of transportation;
20-29 (5) evaluate the effectiveness of pooling client
20-30 transportation resources for capital acquisition and the joint
20-31 purchase of liability insurance;
20-32 (6) assist state agencies in coordinating
20-33 transportation resources;
20-34 (7) ensure coordination between the office and the
20-35 Texas Department of Transportation with regard to the use of funds
20-36 received by the department under 49 U.S.C. Section 1612(b)(1);
20-37 (8) examine the feasibility of consolidating all
20-38 funding for health and human services client transportation and
20-39 creating a transportation system through which clients of a state
20-40 or local agency or program could be matched with the most
20-41 cost-effective and appropriate transportation services for their
20-42 needs, including, to the extent practicable, use of private,
20-43 nonprofit entities that provide services at little or no cost
20-44 beyond reimbursement for insurance, fuel, mileage, or other
20-45 expenses that might deter the entities from otherwise providing
20-46 services;
20-47 (9) evaluate the use of existing computer software for
20-48 use at the local level in client transportation services; and
20-49 (10) review the feasibility of taking medical care to
20-50 those in need, including the use of mobile clinics, and review the
20-51 possibility of using federal highway funds for those transportation
20-52 needs.
20-53 (b) The office [Health and Human Services Transportation and
20-54 Planning Office] shall coordinate with the Health and Human
20-55 Services Commission and health and human services agencies in
20-56 implementing the goals listed in Section 531.022(c), Government
20-57 Code [10(b), Article 4413(502), Revised Statutes]. The office
20-58 shall report its findings and proposals to the governor, the
20-59 Legislative Budget Board, the secretary of state, and the
20-60 commissioner [of health and human services] not later than
20-61 September 1 of each even-numbered year.
20-62 Sec. 131.004 [131.003]. OFFICE STAFF. The commissioner [of
20-63 health and human services] shall employ staff needed to carry out
20-64 the duties of the office.
20-65 Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
20-66 and human services agency that provides, purchases, or otherwise
20-67 funds transportation services for clients shall:
20-68 (1) comply with the standardized system of reporting
20-69 and accounting established by the office under Section
21-1 131.003(a)(3);
21-2 (2) make any changes to agency data collection systems
21-3 that are necessary to enable the agency to comply with the
21-4 standardized system; and
21-5 (3) not later than August 31 of each year, submit to
21-6 the office a report relating to transportation services that
21-7 complies with the standardized system.
21-8 Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION PLAN.
21-9 In order to implement the statewide coordination plan created by
21-10 the office under Section 131.003(a)(2), the office shall:
21-11 (1) review rules, policies, contracts, grants, and
21-12 funding mechanisms relating to transportation services of each
21-13 health and human services agency that provides, purchases, or
21-14 otherwise funds transportation services for clients to determine
21-15 whether the rules, policies, contracts, grants, and funding
21-16 mechanisms are consistent with the plan;
21-17 (2) make recommendations for revisions to rules,
21-18 policies, contracts, grants, and funding mechanisms determined
21-19 under Subdivision (1) to be inconsistent with the plan; and
21-20 (3) not later than September 30 of each even-numbered
21-21 year, submit a report by electronic mail and by hand delivery to
21-22 the governor, the secretary of state, the Legislative Budget
21-23 Board, and the commissioner relating to the results of the review
21-24 conducted by the office under this section.
21-25 Sec. 131.007. ADVISORY COMMITTEE ON COORDINATED
21-26 TRANSPORTATION. The office may create an advisory committee
21-27 consisting of representatives of state agencies, transportation
21-28 agencies, and nonprofit consumer groups.
21-29 Sec. 131.008. MEMORANDUM OF UNDERSTANDING. (a) The Health
21-30 and Human Services Commission and the Texas Department of
21-31 Transportation shall enter into a memorandum of understanding
21-32 relating to functions performed by each agency that relate to the
21-33 duties of the office.
21-34 (b) The agencies shall include provisions in the memorandum
21-35 of understanding necessary to ensure that the agencies do not have
21-36 duplicative authority, responsibilities, or activities in the area
21-37 of transportation services for clients of health and human services
21-38 agencies. Specifically, the memorandum of understanding must
21-39 include the following provisions:
21-40 (1) an acknowledgement that the data collection and
21-41 analysis activities of the office and the Health and Human Services
21-42 Commission are comprehensive in scope, with the goal of developing
21-43 a statewide coordination plan for the provision of transportation
21-44 services for clients of health and human services agencies;
21-45 (2) an acknowledgement that the data collection and
21-46 analysis activities of the Texas Department of Transportation are
21-47 focused on providing more accurate social service contracting
21-48 information to transit providers;
21-49 (3) a requirement that the Texas Department of
21-50 Transportation participate and assist in the collection of
21-51 information about transportation service funding from local social
21-52 service providers and make any database with that information
21-53 available to the Health and Human Services Commission; and
21-54 (4) a requirement that the Health and Human Services
21-55 Commission:
21-56 (A) develop standardized reporting methods for
21-57 health and human services agencies and social service providers to
21-58 use when reporting information about transportation services,
21-59 funding, contracting, and all other information needed to develop a
21-60 statewide coordination plan for transportation services; and
21-61 (B) make the information collected under
21-62 Paragraph (A) available to the Texas Department of Transportation.
21-63 SECTION 6.02. Not later than January 1, 2001, the Health and
21-64 Human Services Office of Community Transportation Services and the
21-65 commissioner of health and human services shall create the
21-66 statewide coordination plan required by Section 131.003(a)(2),
21-67 Human Resources Code, as amended by this article.
21-68 ARTICLE 7. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
21-69 SECTION 7.01. Subchapter B, Chapter 481, Government Code, is
22-1 amended by adding Section 481.025 to read as follows:
22-2 Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY
22-3 PROGRAM. The department is the agency of this state responsible
22-4 for administering the Empowerment Zone and Enterprise Community
22-5 grant program in this state. The department shall cooperate with
22-6 appropriate federal and local agencies as necessary to administer
22-7 the grant program.
22-8 SECTION 7.02. Effective September 1, 1999, administration of
22-9 the Empowerment Zone and Enterprise Community grant program in this
22-10 state is transferred from the Health and Human Services Commission
22-11 to the Texas Department of Economic Development. The commissioner
22-12 of health and human services and the governing board of the Texas
22-13 Department of Economic Development shall enter into a memorandum of
22-14 understanding as necessary to implement the transfer required by
22-15 this section.
22-16 ARTICLE 8. HEALTH CARE INFORMATION COUNCIL
22-17 SECTION 8.01. Section 531.001(4), Government Code, is
22-18 amended to read as follows:
22-19 (4) "Health and human services agencies" includes the:
22-20 (A) Interagency Council on Early Childhood
22-21 Intervention [Services];
22-22 (B) Texas Department on Aging;
22-23 (C) Texas Commission on Alcohol and Drug Abuse;
22-24 (D) Texas Commission for the Blind;
22-25 (E) Texas Commission for the Deaf and Hard of
22-26 Hearing;
22-27 (F) Texas Department of Health;
22-28 (G) Texas Department of Human Services;
22-29 (H) Texas Juvenile Probation Commission;
22-30 (I) Texas Department of Mental Health and Mental
22-31 Retardation;
22-32 (J) Texas Rehabilitation Commission; [and]
22-33 (K) Department of Protective and Regulatory
22-34 Services; and
22-35 (L) Texas Health Care Information Council.
22-36 SECTION 8.02. Section 108.002(4), Health and Safety Code, is
22-37 amended to read as follows:
22-38 (4) "Data" means information collected under Section
22-39 108.0065 or 108.009 in the form initially received.
22-40 SECTION 8.03. Chapter 108, Health and Safety Code, is
22-41 amended by adding Section 108.0065 to read as follows:
22-42 Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO
22-43 MEDICAID MANAGED CARE. (a) In this section:
22-44 (1) "Commission" means the Health and Human Services
22-45 Commission.
22-46 (2) "Medicaid managed care organization" means a
22-47 managed care organization, as defined by Section 533.001,
22-48 Government Code, that is contracting with the commission to
22-49 implement the Medicaid managed care program under Chapter 533,
22-50 Government Code.
22-51 (b) The commission may direct the council to collect data
22-52 under this chapter with respect to Medicaid managed care
22-53 organizations. The council shall coordinate the collection of the
22-54 data with the collection of data for health benefit plan providers,
22-55 but with the approval of the commission may collect data in
22-56 addition to the data otherwise required of health benefit plan
22-57 providers.
22-58 (c) Each Medicaid managed care organization shall provide
22-59 the data required by the council in the form required by the
22-60 council or, if the data is also being submitted to the commission
22-61 or Medicaid operating agency, in the form required by the
22-62 commission or Medicaid operating agency.
22-63 (d) Dissemination of data collected under this section is
22-64 subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014,
22-65 and 108.0141.
22-66 (e) The commission shall analyze the data collected in
22-67 accordance with this section and shall use the data to:
22-68 (1) evaluate the effectiveness and efficiency of the
22-69 Medicaid managed care system;
23-1 (2) determine the extent to which Medicaid managed
23-2 care does or does not serve the needs of Medicaid recipients in
23-3 this state; and
23-4 (3) assess the cost-effectiveness of the Medicaid
23-5 managed care system in comparison to the fee-for-service system,
23-6 considering any improvement in the quality of care provided.
23-7 (f) Not later than October 1 of each even-numbered year, the
23-8 commission shall report to the governor, the lieutenant governor,
23-9 and the speaker of the house of representatives with respect to:
23-10 (1) the commission's conclusions under Subsection (e)
23-11 and any improvement made in the delivery of services under the
23-12 Medicaid managed care system since the date of the commission's
23-13 last report under this section;
23-14 (2) recommendations for implementation by the state
23-15 agencies operating the Medicaid managed care system for improvement
23-16 to the Medicaid managed care system; and
23-17 (3) any recommendations for legislation.
23-18 (g) The report made under Subsection (f) may be consolidated
23-19 with any report made under Section 108.006(a)(9).
23-20 (h) The commission, using existing funds, may contract with
23-21 an entity to comply with the requirements under Subsections (e) and
23-22 (f).
23-23 ARTICLE 9. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS
23-24 SECTION 9.01. Subchapter A, Chapter 31, Human Resources
23-25 Code, is amended by adding Section 31.0127 to read as follows:
23-26 Sec. 31.0127. COORDINATION OF SERVICES TO CERTAIN CLIENTS.
23-27 (a) In order to ensure efficient delivery of appropriate programs
23-28 and services, the Health and Human Services Commission is the state
23-29 agency designated to coordinate between the department and another
23-30 state agency providing child care services, Temporary Assistance
23-31 for Needy Families work programs, and Food Stamp Employment and
23-32 Training services to an individual or family who has been referred
23-33 for programs and services by the department.
23-34 (b) The Health and Human Services Commission shall require a
23-35 state agency that is providing programs and services subject to
23-36 coordination under Subsection (a) to comply with Chapter 531,
23-37 Government Code, with regard to:
23-38 (1) planning for the coordinated delivery of programs
23-39 and services; and
23-40 (2) rulemaking, expenditure of funds, data collection
23-41 and reporting, and evaluations in connection with those programs
23-42 and services.
23-43 (c) The Health and Human Services Commission and a state
23-44 agency that is providing programs and services subject to
23-45 coordination under Subsection (a) shall jointly develop and adopt a
23-46 memorandum of understanding outlining measures to be taken to
23-47 increase the number of individuals receiving Temporary Assistance
23-48 for Needy Families cash assistance who are using the Job Training
23-49 Partnership Act program or its successor program.
23-50 (d) Not later than January 15 of each odd-numbered year, the
23-51 Health and Human Services Commission shall provide a report to the
23-52 governor, the lieutenant governor, and the speaker of the house of
23-53 representatives that:
23-54 (1) evaluates the efficiency and effectiveness of
23-55 Temporary Assistance for Needy Families;
23-56 (2) evaluates the status of the coordination among
23-57 agencies and the compliance with this section;
23-58 (3) recommends measures to increase self-sufficiency
23-59 of recipients of Temporary Assistance for Needy Families and to
23-60 improve the delivery of services to this population; and
23-61 (4) evaluates the effectiveness of the Job Training
23-62 Partnership Act program, or its successor program, in obtaining
23-63 employment outcomes for individuals receiving Temporary Assistance
23-64 for Needy Families cash assistance.
23-65 (e) If the change in law made by this section with regard to
23-66 any program or service conflicts with federal law or would have the
23-67 effect of invalidating an exemption granted under federal law, the
23-68 state agency is not required to comply with this section with
23-69 regard to that program or service.
24-1 (f) This section does not authorize the Health and Human
24-2 Services Commission to change the allocation or disbursement of
24-3 funds allocated to the state under the Workforce Investment Act of
24-4 1998 (29 U.S.C. Section 2801 et seq.) in a manner that would result
24-5 in the loss of exemption status.
24-6 SECTION 9.02. Not later than October 1, 1999, the Health and
24-7 Human Services Commission and each state agency that is subject to
24-8 Section 31.0127(c), Human Resources Code, as added by this article,
24-9 shall develop and adopt the memorandum of understanding required by
24-10 that subsection.
24-11 ARTICLE 10. LEGISLATIVE OVERSIGHT
24-12 SECTION 10.01. Chapter 531, Government Code, is amended by
24-13 adding Subchapter E to read as follows:
24-14 SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
24-15 Sec. 531.171. COMMITTEE DUTIES. (a) The standing or other
24-16 committees of the house of representatives and the senate that have
24-17 jurisdiction over the Health and Human Services Commission and
24-18 other agencies relating to implementation of this chapter, as
24-19 identified by the speaker of the house of representatives and the
24-20 lieutenant governor, shall:
24-21 (1) monitor the commission's implementation of Section
24-22 531.0055 and the commission's other duties in consolidating and
24-23 integrating health and human services to ensure implementation
24-24 consistent with law; and
24-25 (2) recommend, as needed, adjustments to the
24-26 implementation of Section 531.0055 and the commission's other
24-27 duties in consolidating and integrating health and human services.
24-28 (b) The commission shall provide copies of all required
24-29 reports to the committees and shall provide the committees with
24-30 other information upon request. At the request of a committee or
24-31 the commissioner, a health and human services agency shall provide
24-32 information to the committee relating to the health and human
24-33 services system and report on agency progress in implementing
24-34 statutory directives identified by the committee and the directives
24-35 of the commission.
24-36 ARTICLE 11. APPLICATION OF ACT
24-37 SECTION 11.01. If a change in law made by this Act with
24-38 regard to any program or service conflicts with federal law, the
24-39 Health and Human Services Commission may not require an agency to
24-40 comply with the change with regard to that program or service.
24-41 SECTION 11.02. Notwithstanding any provision of this Act,
24-42 the Health and Human Services Commission, in consultation with the
24-43 appropriate policymaking body, shall ensure that:
24-44 (1) all necessary federal waivers and approvals have
24-45 been obtained to implement the provisions of this Act;
24-46 (2) direct client services are not decreased as a
24-47 direct result of the implementation of this Act;
24-48 (3) any colocation of offices between health and human
24-49 services agencies complies with state and federal laws relating to
24-50 building accessibility for the disabled;
24-51 (4) a public comment process on agency operations is
24-52 established for each agency and that at least one meeting of the
24-53 policy board provides an opportunity for public input on agency
24-54 operations;
24-55 (5) allocations of federal funding conform to the
24-56 General Appropriations Act and other applicable law; and
24-57 (6) each agency's priorities, in addition to the
24-58 overall priorities of the Health and Human Services Commission, are
24-59 communicated to the legislature and the governor before and during
24-60 the biennial appropriations process.
24-61 ARTICLE 12. REPEALER; EFFECTIVE DATE; EMERGENCY
24-62 SECTION 12.01. The following laws are repealed:
24-63 (1) Section 441.053(k), Government Code;
24-64 (2) Section 531.0272, Government Code; and
24-65 (3) Section 532.011(c), Health and Safety Code.
24-66 SECTION 12.02. This Act takes effect September 1, 1999.
24-67 SECTION 12.03. The importance of this legislation and the
24-68 crowded condition of the calendars in both houses create an
24-69 emergency and an imperative public necessity that the
25-1 constitutional rule requiring bills to be read on three several
25-2 days in each house be suspended, and this rule is hereby suspended.
25-3 * * * * *