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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 96 passed the Senate on
March 10, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 96 passed the House on
May 7, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor