1-1     By:  Moncrief, et al.                                   S.B. No. 96
 1-2           (In the Senate - Filed December 14, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 96                  By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the transfer of licensing, certification, and
1-11     regulation of home health and community support services agencies.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  (a)  On September 1, 2001, or an earlier date
1-14     provided by an interagency agreement between the Texas Department
1-15     of Health and the Texas Department of Human Services, the licensing
1-16     and regulation of home and community support services agencies and
1-17     home health medication aides under Chapter 142, Health and Safety
1-18     Code, and the certification of home and community support services
1-19     agencies on behalf of the United States Department of Health and
1-20     Human Services for purposes of participation in the Medicare
1-21     program are transferred from the Texas Department of Health to the
1-22     Texas Department of Human Services.
1-23           (b)  On September 1, 2001, or an earlier date provided by an
1-24     interagency agreement between the Texas Department of Health and
1-25     the Texas Department of Human Services, all funds, obligations, and
1-26     contracts of the Texas Department of Health related to a function
1-27     listed in Subsection (a) of this section are transferred to the
1-28     Texas Department of Human Services.
1-29           (c)  On September 1, 2001, or an earlier date provided by an
1-30     interagency agreement between the Texas Department of Health and
1-31     the Texas Department of Human Services, all property and records in
1-32     the custody of the Texas Department of Health related to a function
1-33     listed in Subsection (a) of this section and all funds appropriated
1-34     by the legislature to the Texas Department of Health for a function
1-35     listed in Subsection (a) of this section are transferred to the
1-36     Texas Department of Human Services.
1-37           (d)  On September 1, 2001, or an earlier date provided by an
1-38     interagency agreement between the Texas Department of Health and
1-39     the Texas Department of Human Services, all employees of the Texas
1-40     Department of Health who perform duties related to a function
1-41     listed in Subsection (a) of this section become employees of the
1-42     Texas Department of Human Services, to be assigned duties by the
1-43     Commissioner of Human Services.
1-44           (e)  A rule or form adopted by the Texas Department of Health
1-45     that relates to a function listed in Subsection (a) of this section
1-46     is a rule or form of the Texas Department of Human Services and
1-47     remains in effect until altered by the department.  The secretary
1-48     of state is authorized to adopt rules as necessary to expedite the
1-49     implementation of this subsection.
1-50           (f)  The transfer of the functions listed in Subsection (a)
1-51     of this section does not affect or impair any act done, any
1-52     obligation, right, order, license, permit, rule, criterion,
1-53     standard, or requirement existing, any investigation begun, or any
1-54     penalty accrued under former law, and that law remains in effect
1-55     for any action concerning those matters.
1-56           (g)  An action brought or proceeding commenced before the
1-57     transfer required by this section is effected, including a
1-58     contested case or a remand of an action or proceeding by a
1-59     reviewing court, is governed by the law and rules applicable to the
1-60     action or proceeding before the date of the transfer.
1-61           (h)  After the transfer required by this section is effected,
1-62     a reference in law to the Texas Department of Health or the Texas
1-63     Board of Health that relates to a function listed in Subsection (a)
1-64     of this section means the Texas Department of Human Services and
 2-1     the Texas Board of Human Services, respectively.
 2-2           SECTION 2.  Notwithstanding Section 1 of this Act, if
 2-3     legislation creating a new state agency to regulate long-term care
 2-4     services is enacted by the 76th Legislature and becomes law, the
 2-5     functions listed in Subsection (a) of Section 1 of this Act are
 2-6     transferred from the Texas Department of Health to that agency.
 2-7     The transfer shall be accomplished in the manner provided by
 2-8     Section 1 of this Act, and references in that section to the Texas
 2-9     Department of Human Services are considered to be references to the
2-10     new state agency for long-term care.
2-11           SECTION 3.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended,
2-16     and that this Act take effect and be in force from and after its
2-17     passage, and it is so enacted.
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