By Coleman H.B. No. 2683
76R5265 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development and implementation of Texas Integrated
1-3 Enrollment Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 9.12, Chapter 655, Acts of the 74th
1-6 Legislature, Regular Session, 1995, as amended by Section 1,
1-7 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
1-8 is redesignated as Subchapter G, Chapter 531, Government Code, and
1-9 amended to read as follows:
1-10 SUBCHAPTER G. TEXAS INTEGRATED ENROLLMENT SERVICES
1-11 Sec. 531.301 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
1-12 (a) The commission [In consultation and coordination with the
1-13 Texas Integrated Enrollment Services Legislative Oversight
1-14 Committee established under Section 531.202, Government Code, the
1-15 Health and Human Services Commission], subject to the approval of
1-16 the governor and the Legislative Budget Board, shall develop and
1-17 implement a plan for the integration of services and functions
1-18 relating to eligibility determination and service delivery by
1-19 health and human services agencies, the Texas Workforce Commission,
1-20 and other agencies. The plan must include a reengineering of
1-21 eligibility determination business processes, streamlined service
1-22 delivery, a unified and integrated process for the transition from
1-23 welfare to work, and improved access to benefits and services for
1-24 clients. In developing and implementing the plan, the commission
2-1 [Health and Human Services Commission]:
2-2 (1) shall give priority to the design and development
2-3 of computer hardware and software for and provide technical support
2-4 relating to the integrated eligibility determination system;
2-5 (2) shall consult with agencies whose programs are
2-6 included in the plan, including the Texas Department of Human
2-7 Services, the Texas Department of Health, and the Texas Workforce
2-8 Commission;
2-9 (3) may contract for appropriate professional and
2-10 technical assistance; and
2-11 (4) may use the staff and resources of agencies whose
2-12 programs are included in the plan.
2-13 (b) The integrated eligibility determination and service
2-14 delivery system shall be developed and implemented to achieve
2-15 increased quality of and client access to services and savings in
2-16 the cost of providing administrative and other services and staff
2-17 resulting from streamlining and eliminating duplication of
2-18 services. The commission, subject to any spending limitation
2-19 prescribed in the General Appropriations Act, may use the resulting
2-20 savings to further develop the integrated system and to provide
2-21 other health and human services.
2-22 (c) The commission shall examine cost-effective methods to
2-23 address:
2-24 (1) fraud in the assistance programs; and
2-25 (2) the error rate in eligibility determination.
2-26 (d) On receipt by the state of any necessary federal
2-27 approval and subject to the approval of the governor and the
3-1 Legislative Budget Board, the commission may contract for
3-2 implementation of all or part of the plan required by Subsection
3-3 (a) [of this section] if the commission determines that contracting
3-4 may advance the objectives of Subsections (a) and (b) [of this
3-5 section] and meets the criteria set out in the cost-benefit
3-6 analysis described in this subsection. Before the awarding of a
3-7 contract, the commission shall provide a detailed cost-benefit
3-8 analysis to the governor and[,] the Legislative Budget Board[, and
3-9 the Texas Integrated Enrollment Services Legislative Oversight
3-10 Committee established under Section 531.202, Government Code]. The
3-11 analysis must demonstrate the cost-effectiveness of the plan,
3-12 mechanisms for monitoring performance under the plan, and specific
3-13 improvements to the service delivery system and client access made
3-14 by the plan. The commission shall make the analysis available to
3-15 the public. Within 10 days after the release of a request for bids,
3-16 proposals, offers, or other applicable expressions of interest
3-17 relating to the development or implementation of the plan required
3-18 by Subsection (a) [of this section], the commission shall hold a
3-19 public hearing and receive public comment on the request. [The
3-20 commission may coordinate with a legislative committee to hold the
3-21 hearings.]
3-22 (e) [Not later than October 1, 1996, the commission shall
3-23 develop a plan to consolidate administrative and service delivery
3-24 functions in addition to the integrated eligibility determination
3-25 and service delivery system in order to minimize duplication. The
3-26 commission shall prepare a report of the plan for submission to the
3-27 governor, the lieutenant governor, the speaker of the house of
4-1 representatives, the comptroller, and the 75th Legislature when it
4-2 convenes.]
4-3 [(f)] If requested by the commission [Health and Human
4-4 Services Commission], the agencies whose programs are included in
4-5 the plan required by Subsection (a) [of this section] shall
4-6 cooperate with the commission to provide available staff and
4-7 resources that will be subject to the direction of the commission.
4-8 (f) [(g)] The design, development, and operation of an
4-9 automated data processing system to support the plan required by
4-10 Subsection (a) [of this section] may be financed through the
4-11 issuance of bonds or other obligations under the Texas Public
4-12 Finance Authority Act (Article 601d, Vernon's Texas Civil
4-13 Statutes).
4-14 Sec. 531.302. SERVICE CONTINUATION IN REGIONS. In
4-15 implementing the plan for integration of services and functions
4-16 required by Section 531.301, the commission may not terminate in
4-17 any region of the state a service or function to be replaced by the
4-18 integrated system until:
4-19 (1) the integrated system is fully operational in that
4-20 region, has been certified as fully operational by a quality
4-21 assurance expert who is independent of the commission, and has been
4-22 proven to operate satisfactorily in that region; and
4-23 (2) the commission provides an opportunity for public
4-24 review and comment on the implementation of the integrated system
4-25 in the region.
4-26 Sec. 531.303. ACCESSIBILITY FOR PROGRAM PARTICIPANTS. (a)
4-27 In developing the plan for integration of services and functions
5-1 required by Section 531.301, the commission shall ensure that,
5-2 after implementation of the plan, access to facilities used for
5-3 eligibility determination or service delivery is not significantly
5-4 diminished for any resident. The commission may not close,
5-5 consolidate, or relocate a facility used for eligibility
5-6 determination or service delivery if the closure, consolidation, or
5-7 relocation would result in a violation of this subsection.
5-8 (b) Each facility used for eligibility determination or
5-9 service delivery must satisfy the most stringent accessibility
5-10 requirements that may be applied to any facility under the
5-11 Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
5-12 or more stringent requirements established by the commission.
5-13 Sec. 531.304. EVALUATION OF IMPLEMENTATION. (a) The
5-14 commission shall prepare quarterly reports on the development and
5-15 implementation of the plan required by Section 531.301 that reflect
5-16 the quality and efficiency of the integrated system, including
5-17 measures of satisfaction of service recipients, error rates,
5-18 staffing levels, and any other performance measure identified by
5-19 the Legislative Budget Board.
5-20 (b) The commission shall submit each quarterly report to the
5-21 governor, the lieutenant governor, the speaker of the house of
5-22 representatives, the Legislative Budget Board, and the members of
5-23 each standing committee of the legislature that has oversight over
5-24 any agency that is operating or obtaining eligibility determination
5-25 through the system developed under the plan.
5-26 Sec. 531.305. COORDINATION WITH LEGISLATIVE OVERSIGHT
5-27 COMMITTEE. (a) The commission shall develop and implement the
6-1 plan required by Section 531.301 in consultation and coordination
6-2 with the Texas Integrated Enrollment Services Legislative Oversight
6-3 Committee established under Section 531.202.
6-4 (b) Before awarding a contract under Section 531.301(d), the
6-5 commission shall provide the detailed cost-benefit analysis
6-6 described by that subsection to the legislative oversight
6-7 committee. The commission may coordinate with the legislative
6-8 oversight committee to hold any hearing required under Section
6-9 531.301(d).
6-10 (c) Before terminating in any region of the state a service
6-11 or function to be replaced by the integrated system as described by
6-12 Section 531.302, the commission shall certify to the legislative
6-13 oversight committee that the requirements of Section 531.302 have
6-14 been satisfied. The committee shall review the certification and
6-15 shall hold a public hearing in each affected region of this state
6-16 to ensure that the requirements of Section 531.302 have been
6-17 satisfied.
6-18 (d) The commission shall submit each quarterly report
6-19 prepared under Section 531.304 to the legislative oversight
6-20 committee. The committee shall review the quarterly report and
6-21 shall periodically hold public hearings to obtain testimony on the
6-22 subject matter of the reports.
6-23 (e) This section expires September 1, 2002.
6-24 SECTION 2. A facility that is owned or operated by a state
6-25 agency on the effective date of this Act and that is used for
6-26 eligibility determination or service delivery under the plan
6-27 developed under Section 531.301, Government Code, as added by this
7-1 Act, must comply with Section 531.303(b), Government Code, as added
7-2 by this Act, not later than August 31, 2001.
7-3 SECTION 3. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended,
7-8 and that this Act take effect and be in force from and after its
7-9 passage, and it is so enacted.