By:  Moncrief, et al.                                   S.B. No. 96
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the transfer of licensing, certification, and
 1-2     regulation of home health and community support services agencies.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  (a)  On September 1, 2001, or an earlier date
 1-5     provided by an interagency agreement between the Texas Department
 1-6     of Health and the Texas Department of Human Services, the licensing
 1-7     and regulation of home and community support services agencies and
 1-8     home health medication aides under Chapter 142, Health and Safety
 1-9     Code, and the certification of home and community support services
1-10     agencies on behalf of the United States Department of Health and
1-11     Human Services for purposes of participation in the Medicare
1-12     program are transferred from the Texas Department of Health to the
1-13     Texas Department of Human Services.
1-14           (b)  On September 1, 2001, or an earlier date provided by an
1-15     interagency agreement between the Texas Department of Health and
1-16     the Texas Department of Human Services, all funds, obligations, and
1-17     contracts of the Texas Department of Health related to a function
1-18     listed in Subsection (a) of this section are transferred to the
1-19     Texas Department of Human Services.
1-20           (c)  On September 1, 2001, or an earlier date provided by an
1-21     interagency agreement between the Texas Department of Health and
1-22     the Texas Department of Human Services, all property and records in
1-23     the custody of the Texas Department of Health related to a function
1-24     listed in Subsection (a) of this section and all funds appropriated
 2-1     by the legislature to the Texas Department of Health for a function
 2-2     listed in Subsection (a) of this section are transferred to the
 2-3     Texas Department of Human Services.
 2-4           (d)  On September 1, 2001, or an earlier date provided by an
 2-5     interagency agreement between the Texas Department of Health and
 2-6     the Texas Department of Human Services, all employees of the Texas
 2-7     Department of Health who perform duties related to a function
 2-8     listed in Subsection (a) of this section become employees of the
 2-9     Texas Department of Human Services, to be assigned duties by the
2-10     Commissioner of Human Services.
2-11           (e)  A rule or form adopted by the Texas Department of Health
2-12     that relates to a function listed in Subsection (a) of this section
2-13     is a rule or form of the Texas Department of Human Services and
2-14     remains in effect until altered by the department.  The secretary
2-15     of state is authorized to adopt rules as necessary to expedite the
2-16     implementation of this subsection.
2-17           (f)  The transfer of the functions listed in Subsection (a)
2-18     of this section does not affect or impair any act done, any
2-19     obligation, right, order, license, permit, rule, criterion,
2-20     standard, or requirement existing, any investigation begun, or any
2-21     penalty accrued under former law, and that law remains in effect
2-22     for any action concerning those matters.
2-23           (g)  An action brought or proceeding commenced before the
2-24     transfer required by this section is effected, including a
2-25     contested case or a remand of an action or proceeding by a
2-26     reviewing court, is governed by the law and rules applicable to the
 3-1     action or proceeding before the date of the transfer.
 3-2           (h)  After the transfer required by this section is effected,
 3-3     a reference in law to the Texas Department of Health or the Texas
 3-4     Board of Health that relates to a function listed in Subsection (a)
 3-5     of this section means the Texas Department of Human Services and
 3-6     the Texas Board of Human Services, respectively.
 3-7           SECTION 2.  Notwithstanding Section 1 of this Act, if
 3-8     legislation creating a new state agency to regulate long-term care
 3-9     services is enacted by the 76th Legislature and becomes law, the
3-10     functions listed in Subsection (a) of Section 1 of this Act are
3-11     transferred from the Texas Department of Health to that agency.
3-12     The transfer shall be accomplished in the manner provided by
3-13     Section 1 of this Act, and references in that section to the Texas
3-14     Department of Human Services are considered to be references to the
3-15     new state agency for long-term care.
3-16           SECTION 3.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended,
3-21     and that this Act take effect and be in force from and after its
3-22     passage, and it is so enacted.