By: Zaffirini S.B. No. 369
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Texas Department
1-2 of Human Services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.002, Human Resources Code, is amended
1-5 to read as follows:
1-6 Sec. 21.002. SUNSET PROVISION. The Texas Department of
1-7 Human Services is subject to Chapter 325, Government Code (Texas
1-8 Sunset Act). Unless continued in existence as provided by that
1-9 chapter, the department is abolished and this title, excluding any
1-10 chapter that relates to a state agency other than the department,
1-11 expires September 1, 2011 [1999, except that Chapter 40 expires as
1-12 provided by Section 40.003].
1-13 SECTION 2. Subsections (b) and (d), Section 21.003, Human
1-14 Resources Code, are amended to read as follows:
1-15 (b) The board is composed of six members appointed by the
1-16 governor with the advice and consent of the senate and representing
1-17 all geographic regions of the state. One member of the board must
1-18 be a licensed physician with expertise in geriatric care and
1-19 another member must be a health care professional who is licensed,
1-20 certified, or regulated by a health care regulatory agency. To
1-21 qualify for an appointment to the board, a person must have
1-22 demonstrated an interest in and knowledge of human services.
1-23 (d) The governor shall designate a member of the board as
1-24 the [After the biennial appointment of new members, the board shall
2-1 elect a] presiding officer of the board to serve in that capacity
2-2 at the will of the governor [who shall preside over meetings of the
2-3 board].
2-4 SECTION 3. Chapter 21, Human Resources Code, is amended by
2-5 adding Section 21.0033 to read as follows:
2-6 Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
2-7 person who is appointed to and qualifies for office as a member of
2-8 the board may not vote, deliberate, or be counted as a member in
2-9 attendance at a meeting of the board until the person completes a
2-10 training program that complies with this section.
2-11 (b) The training program must provide the person with
2-12 information regarding:
2-13 (1) the legislation that created the department and
2-14 the board;
2-15 (2) the programs operated by the department;
2-16 (3) the role and functions of the department;
2-17 (4) the rules of the department with an emphasis on
2-18 the rules that relate to disciplinary and investigatory authority;
2-19 (5) the current budget for the department;
2-20 (6) the results of the most recent formal audit of the
2-21 department;
2-22 (7) the requirements of:
2-23 (A) the open meetings law, Chapter 551,
2-24 Government Code;
2-25 (B) the public information law, Chapter 552,
2-26 Government Code;
3-1 (C) the administrative procedure law, Chapter
3-2 2001, Government Code; and
3-3 (D) other laws relating to public officials,
3-4 including conflict of interest laws; and
3-5 (8) any applicable ethics policies adopted by the
3-6 department or the Texas Ethics Commission.
3-7 (c) A person appointed to the board is entitled to
3-8 reimbursement, as provided by the General Appropriations Act, for
3-9 travel expenses incurred in attending the training program
3-10 regardless of whether the attendance at the program occurs before
3-11 or after the person qualifies for office.
3-12 SECTION 4. Chapter 21, Human Resources Code, is amended by
3-13 adding Section 21.0061 to read as follows:
3-14 Sec. 21.0061. REGIONAL PERFORMANCE AGREEMENTS WITH LOCAL
3-15 ADMINISTRATIVE UNITS. (a) The commissioner and the administrator
3-16 of each local administrative unit of the department shall enter
3-17 into a regional performance agreement that includes goals,
3-18 objectives, and performance criteria established by the
3-19 commissioner under Subsection (b) for the unit.
3-20 (b) The commissioner shall establish and biennially update
3-21 goals, objectives, and performance criteria for each local
3-22 administrative unit of the department. The goals, objectives, and
3-23 performance criteria must:
3-24 (1) set clearly defined and measurable objectives
3-25 related to program outcomes and the volume and quality of services
3-26 delivered in the region to encourage accountability for services
4-1 provided; and
4-2 (2) encourage creativity and coordination of local
4-3 service delivery.
4-4 (c) In developing the goals, objectives, and performance
4-5 criteria under Subsection (b), the commissioner shall seek input
4-6 from:
4-7 (1) local providers of health and human services,
4-8 including local nursing facilities and personal care homes;
4-9 (2) recipients of services under department programs
4-10 administered by the local administrative unit; and
4-11 (3) local consumer representatives and advocacy
4-12 groups.
4-13 (d) The commissioner shall assess the performance of each
4-14 local administrative unit based on the goals, objectives, and
4-15 performance criteria in the regional performance agreement between
4-16 the commissioner and the administrator of that unit. The
4-17 commissioner shall include the results of each assessment in the
4-18 report on the operation and administration of the department
4-19 required under Section 21.011.
4-20 (e) The commissioner shall consider the goals, objectives,
4-21 and performance criteria in each regional performance agreement and
4-22 the performance of each local administrative unit based on those
4-23 standards when evaluating and establishing regional funding
4-24 allocations.
4-25 (f) The department shall inform health and human services
4-26 agencies, as defined by Section 531.001, Government Code, and the
5-1 general public in each region of the contents of the regional
5-2 performance agreement for that region.
5-3 SECTION 5. Chapter 22, Human Resources Code, is amended by
5-4 adding Section 22.0071 to read as follows:
5-5 Sec. 22.0071. CONTRACTS FOR COMMUNITY CARE SERVICES.
5-6 (a) The department shall by rule develop and implement a system to
5-7 limit the number of direct providers of department community care
5-8 services. In developing the system, the department shall ensure
5-9 that a sufficient number of direct providers are available to:
5-10 (1) provide access to services;
5-11 (2) ensure choice of providers;
5-12 (3) ensure competition among providers; and
5-13 (4) meet the demand for services.
5-14 (b) A contract for the delivery of community care services
5-15 under a department program must include:
5-16 (1) clearly defined goals and outcomes that can be
5-17 measured to determine whether the client service objectives are
5-18 being achieved;
5-19 (2) clearly defined sanctions or penalties, including
5-20 civil monetary penalties under Section 32.0215, if appropriate, for
5-21 noncompliance with contract terms; and
5-22 (3) clearly specified accounting, reporting, and
5-23 auditing requirements applicable to money received under the
5-24 contract.
5-25 (c) The department shall monitor a community care provider's
5-26 performance under a contract for the delivery of community care
6-1 services. In monitoring performance, the department shall:
6-2 (1) use a risk-assessment methodology throughout the
6-3 state to ensure compliance with financial and performance
6-4 requirements under the contract; and
6-5 (2) obtain and evaluate service cost information to
6-6 ensure that all costs, including administrative costs, are
6-7 reasonable and necessary to achieve client service objectives.
6-8 SECTION 6. Section 22.018, Human Resources Code, is amended
6-9 to read as follows:
6-10 Sec. 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
6-11 HEARINGS [DIVISION]. (a) The department and the chief
6-12 administrative law judge of the State Office of Administrative
6-13 Hearings shall adopt a memorandum of understanding under which the
6-14 State Office of Administrative Hearings, on behalf of the
6-15 department, conducts all contested case hearings authorized or
6-16 required by law to be conducted by the department under the
6-17 administrative procedure law, [shall establish and maintain a
6-18 hearings division that is separate from the legal division to
6-19 administer each hearing held under] Chapter 2001, Government Code.
6-20 (b) The memorandum of understanding shall require the chief
6-21 administrative law judge, the department, and the commissioner to
6-22 cooperate in connection with a contested case hearing and may
6-23 authorize the State Office of Administrative Hearings to perform
6-24 any administrative act, including giving of notice, that is
6-25 required to be performed by the department or commissioner [Neither
6-26 the department nor the department's legal division may directly or
7-1 indirectly influence a decision or the decision-making process of
7-2 the hearings division].
7-3 (c) The memorandum of understanding shall address whether
7-4 the administrative law judge who conducts a contested case hearing
7-5 for the State Office of Administrative Hearings on behalf of the
7-6 department shall:
7-7 (1) enter the final decision in the case after
7-8 completion of the hearing; or
7-9 (2) propose a decision to the department or the
7-10 commissioner for final consideration.
7-11 (d) The department by interagency contract shall reimburse
7-12 the State Office of Administrative Hearings for the costs incurred
7-13 in conducting contested case hearings for the department. The
7-14 department may pay an hourly fee for the costs of conducting those
7-15 hearings or a fixed annual fee negotiated biennially by the
7-16 department and the State Office of Administrative Hearings to
7-17 coincide with the department's legislative appropriations request.
7-18 (e) A reference in law to the hearings division of the
7-19 department is considered to be a reference to the State Office of
7-20 Administrative Hearings when used in relation to a contested case
7-21 hearing under the administrative procedure law, Chapter 2001,
7-22 Government Code.
7-23 SECTION 7. Section 31.0032, Human Resources Code, is amended
7-24 by adding Subsection (d) to read as follows:
7-25 (d) The department shall give the highest priority to the
7-26 administrative processing of sanctions or penalties applied under
8-1 this section so that the department's records of the affected
8-2 person promptly reflect application of the sanctions or penalties.
8-3 SECTION 8. The section heading to Section 31.0095, Human
8-4 Resources Code, is amended to read as follows:
8-5 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
8-6 SECTION 9. The section heading to Section 31.010, Human
8-7 Resources Code, is amended to read as follows:
8-8 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
8-9 RECIPIENT.
8-10 SECTION 10. Subchapter A, Chapter 31, Human Resources Code,
8-11 is amended by adding Section 31.011 to read as follows:
8-12 Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
8-13 SUPPORT SERVICES. (a) The department shall assist a recipient of
8-14 financial assistance in assessing the needs, other than
8-15 employability needs assessed under Section 31.0095, of the
8-16 recipient and the recipient's family that, if addressed, would help
8-17 the recipient and the recipient's family to attain and retain the
8-18 capability of independence and self-care.
8-19 (b) Based on the needs assessment under this section, the
8-20 department shall refer the recipient and the recipient's family to
8-21 appropriate preventive and support services provided by the
8-22 department or any other public or private entity. Preventive and
8-23 support services to which the department may refer a recipient and
8-24 a recipient's family under this section include:
8-25 (1) substance abuse treatment programs;
8-26 (2) domestic violence services;
9-1 (3) child abuse awareness and prevention services;
9-2 (4) health care and nutrition programs;
9-3 (5) parenting skills training;
9-4 (6) life skills training;
9-5 (7) criminal and juvenile justice intervention
9-6 programs;
9-7 (8) at-risk children and youth programs;
9-8 (9) child support enforcement services; and
9-9 (10) any other program or service determined by the
9-10 department to be appropriate.
9-11 SECTION 11. Subchapter A, Chapter 31, Human Resources Code,
9-12 is amended by adding Section 31.0127 to read as follows:
9-13 Sec. 31.0127. COORDINATION OF SERVICES TO TANF CLIENTS.
9-14 (a) In order to ensure efficient delivery of appropriate programs
9-15 and services, the Health and Human Services Commission is the state
9-16 agency designated to coordinate between the department and a state
9-17 agency providing child care services, Temporary Assistance for
9-18 Needy Families work programs, and Food Stamp Employment and
9-19 Training services to an individual or family who has been referred
9-20 for programs and services by the department.
9-21 (b) The commission shall require a state agency that is
9-22 providing programs and services subject to coordination under
9-23 Subsection (a) to comply with Chapter 531, Government Code, with
9-24 regard to planning for the coordinated delivery of programs and
9-25 services, rulemaking, expenditure of funds, data collection and
9-26 reporting, and evaluations with regard to those programs and
10-1 services.
10-2 (c) Not later than October 1, 1999, the commission and a
10-3 state agency that is providing programs and services subject to
10-4 coordination under Subsection (a) shall jointly develop and adopt a
10-5 memorandum of understanding outlining measures to be taken to
10-6 increase the number of individuals receiving Temporary Assistance
10-7 for Needy Families cash assistance utilizing the Job Training
10-8 Partnership Act program or its successor program.
10-9 (d) By January 15 of each odd-numbered year, the commission
10-10 shall provide a report to the governor, the lieutenant governor,
10-11 and the speaker of the house of representatives that:
10-12 (1) evaluates the efficiency and effectiveness of
10-13 Temporary Assistance for Needy Families;
10-14 (2) evaluates the status of the coordination among
10-15 agencies and the compliance with this section;
10-16 (3) recommends measures to increase self-sufficiency
10-17 among recipients of Temporary Assistance for Needy Families and to
10-18 improve the delivery of services to this population; and
10-19 (4) evaluates the effectiveness of the Job Training
10-20 Partnership Act program, or its successor program, in obtaining
10-21 employment outcomes for individuals receiving Temporary Assistance
10-22 for Needy Families cash assistance.
10-23 (e) If the change in law made by this section with regard to
10-24 any program or service conflicts with federal law or would have the
10-25 effect of invalidating an exemption granted under federal law, the
10-26 state agency is not required to comply with this section with
11-1 regard to that program or service.
11-2 (f) This section does not authorize the commission to change
11-3 the allocation or disbursement of funds allocated to the state
11-4 under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
11-5 et seq.) in a manner that would result in the loss of exemption
11-6 status.
11-7 SECTION 12. Subchapter B, Chapter 32, Human Resources Code,
11-8 is amended by adding Section 32.0212 to read as follows:
11-9 Sec. 32.0212. CONTRACTS FOR NURSING FACILITY CARE; QUALITY
11-10 ASSESSMENT. (a) The department by rule shall develop minimum
11-11 performance standards for a nursing facility that contracts with
11-12 the department for the delivery of medical assistance. In
11-13 developing the minimum performance standards, the department shall
11-14 use all appropriate performance data collected by the department or
11-15 another agency.
11-16 (b) A contract with the department for the delivery of
11-17 medical assistance by a nursing facility must include the
11-18 performance standards developed under Subsection (a).
11-19 (c) The department by rule shall develop and implement a
11-20 quality assessment process to evaluate the performance of a nursing
11-21 facility that contracts with the department for the delivery of
11-22 medical assistance. In developing the process, the department
11-23 shall use all appropriate performance data collected by the
11-24 department or any other agency, including:
11-25 (1) regulatory information collected through on-site
11-26 visits to a nursing facility;
12-1 (2) data relating to assessments made by a nursing
12-2 facility regarding the condition of a person receiving care in the
12-3 facility; and
12-4 (3) any other performance data determined by the
12-5 department to be useful.
12-6 (d) The department shall promptly address a nursing
12-7 facility's failure to meet minimum performance standards by, if
12-8 necessary, imposing penalties and sanctions, including termination
12-9 of the facility's contract, as authorized under the contract or as
12-10 provided by law.
12-11 SECTION 13. Subchapter B, Chapter 32, Human Resources Code,
12-12 is amended by adding Section 32.0251 to read as follows:
12-13 Sec. 32.0251. COMMUNITY CARE SERVICES FOR THE ELDERLY AND
12-14 DISABLED. (a) The department shall inform an applicant for
12-15 medical assistance seeking nursing facility care of any community
12-16 care services that may be available to the applicant as an
12-17 alternative to nursing facility care.
12-18 (b) The department by rule shall develop and implement a
12-19 process of presumptive eligibility determination for appropriate
12-20 elderly or disabled applicants for community care services.
12-21 (c) The department shall design a plan of care for an
12-22 applicant for community care services based on the needs of the
12-23 applicant identified by the department. The plan of care shall be
12-24 adjusted promptly as necessary based on any change in the
12-25 applicant's physical condition or need for services, whether
12-26 identified by the department during a periodic reassessment of the
13-1 applicant's condition or at any other time.
13-2 (d) If community care services are not readily available for
13-3 an elderly or disabled applicant because of a high demand for
13-4 services, the department shall maintain a waiting list for the
13-5 services. The department shall collect from each applicant who is
13-6 placed on the waiting list appropriate information to facilitate
13-7 contacting the applicant when the services become available and to
13-8 allow efficient enrollment of the applicant in those services.
13-9 SECTION 14. The chapter heading to Chapter 51, Human
13-10 Resources Code, is amended to read as follows:
13-11 CHAPTER 51. FAMILY VIOLENCE CENTERS [SHELTERS]
13-12 SECTION 15. Section 51.002, Human Resources Code, is amended
13-13 to read as follows:
13-14 Sec. 51.002. DEFINITIONS. In this chapter:
13-15 (1) "Family violence center" includes a family
13-16 violence shelter center and a family violence nonresidential
13-17 center.
13-18 (2) "Family violence nonresidential center" means a
13-19 program that:
13-20 (A) is operated by a public or private nonprofit
13-21 organization; and
13-22 (B) provides comprehensive services to victims
13-23 of family violence that do not include providing residential
13-24 shelter to those victims.
13-25 (3) "Family violence shelter center" means a program
13-26 that is operated by a public or private nonprofit organization and
14-1 that provides residential and nonresidential [shelter and] services
14-2 to victims of family violence.
14-3 (4) "Family violence" has the meaning assigned by
14-4 Chapter 71, Family Code [(2) "Victim of family violence" means:]
14-5 [(A) an adult who is subjected to physical force
14-6 or the threat of physical force by another who is related by
14-7 affinity or consanguinity, as determined under Chapter 573,
14-8 Government Code, to that adult, who is a former spouse of that
14-9 adult, or who resides in the same household with that adult; or]
14-10 [(B) an individual, other than an individual
14-11 using physical force or the threat of physical force, who resides
14-12 in the same household with a victim of family violence as defined
14-13 in Paragraph (A) of this subdivision].
14-14 SECTION 16. Section 51.003, Human Resources Code, is amended
14-15 to read as follows:
14-16 Sec. 51.003. CONTRACTS. (a) The Texas Department of Human
14-17 Services shall contract for services with family violence [shelter]
14-18 centers with consideration given to geographic distribution and
14-19 need. These contracts are to expand existing family violence
14-20 [shelter] center services and may not result in reducing financial
14-21 support a family violence [shelter] center receives from another
14-22 source. The contracts shall not provide for more than 75 percent
14-23 of the cost of the family violence [shelter] center program. The
14-24 department shall develop a declining scale of state financial
14-25 support for family violence [shelter] centers, declining over a
14-26 six-year period from the initiation of each individual contract,
15-1 with no more than 50 percent of a family violence [shelter] center
15-2 program's funding to be provided by the state after the sixth year.
15-3 The balance each year shall be provided from other sources. The
15-4 department may adopt rules which will allow exceptions to the above
15-5 scale in individual instances when a family violence [shelter]
15-6 center shall demonstrate that exigent circumstances require such a
15-7 waiver.
15-8 (b) The department shall contract statewide for activities
15-9 that support and advance the work of family violence [shelter]
15-10 centers. Activities contracted for under this subsection [A
15-11 contract] must include [require] the provision of technical
15-12 assistance and training for family violence [shelter] centers. The
15-13 department may contract for [may require] the provision of public
15-14 education, consultation to the department, research, evaluation,
15-15 and liaison and training for other professionals who work with
15-16 victims of family violence, including professionals in the criminal
15-17 justice, medical, and social services fields, and for community or
15-18 civic groups.
15-19 (c) The department shall award all contracts made under
15-20 Subsection (b) through a competitive bidding process unless that
15-21 process would not be cost-effective.
15-22 SECTION 17. Section 51.004, Human Resources Code, is amended
15-23 to read as follows:
15-24 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
15-25 contract under Section 51.003(a) [of this code], a family violence
15-26 shelter center [public or private nonprofit organization] must:
16-1 (1) provide [operate a family violence shelter center
16-2 that provides] temporary lodging and social services for adults and
16-3 their children who have left or have been removed from the family
16-4 home because of family violence;
16-5 (2)[. The family violence shelter center must] have
16-6 been in actual operation offering shelter services 24 hours a day
16-7 with a capacity for not less than five persons for at least nine
16-8 months before the date on which [that] the contract is awarded; and
16-9 (3) submit a[. The] contract application [must be
16-10 submitted] on forms prescribed by the department.
16-11 (b) To be eligible for a contract under Section 51.003(a), a
16-12 family violence nonresidential center must:
16-13 (1) provide, as its primary purpose, direct delivery
16-14 of services to victims of family violence that, at a minimum,
16-15 include:
16-16 (A) safety planning;
16-17 (B) counseling services;
16-18 (C) information regarding legal options and
16-19 availability of legal services; and
16-20 (D) assistance and support in accessing legal
16-21 services, including accompanying victims in appropriate
16-22 circumstances;
16-23 (2) demonstrate a system of referring victims of
16-24 family violence to at least one family violence shelter center;
16-25 (3) have been providing comprehensive services,
16-26 including the services described by Subdivision (1), to victims of
17-1 family violence for at least two years before the date on which the
17-2 contract is awarded;
17-3 (4) demonstrate that the center, through the services
17-4 it provides, is addressing an otherwise unmet need in the
17-5 community; and
17-6 (5) submit a contract application on forms prescribed
17-7 by the department.
17-8 (c) The department shall consider the following factors in
17-9 awarding [the] contracts under Section 51.003(a):
17-10 (1) the family violence [shelter] center's eligibility
17-11 for and use of funds from the federal government, philanthropic
17-12 organizations, and voluntary sources;
17-13 (2) community support for the family violence
17-14 [shelter] center, as evidenced by financial contributions from
17-15 civic organizations, local governments, and individuals;
17-16 (3) evidence that the family violence [shelter] center
17-17 provides services that encourage rehabilitation and effectively
17-18 utilizes community resources;
17-19 (4) the endorsement and involvement of local law
17-20 enforcement officials; and
17-21 (5) support for the family violence [shelter] center
17-22 through volunteer work, especially volunteer effort by persons who
17-23 have been victims of family violence.
17-24 (d) [(c)] The department shall use a noncompetitive
17-25 procurement procedure if the department determines that there is no
17-26 competition between eligible family violence shelter centers for a
18-1 service area. If the department determines that there is
18-2 competition between eligible family violence shelter centers for a
18-3 service area, the department shall award a contract through a
18-4 competitive procurement procedure based on the factors in
18-5 Subsection (b) of this section.
18-6 (e) If the department determines that a family violence
18-7 nonresidential center provides services that would not be otherwise
18-8 available in the service area, the department shall include the
18-9 family violence nonresidential center in the noncompetitive
18-10 procurement procedure under Subsection (d).
18-11 SECTION 18. Section 51.005, Human Resources Code, is amended
18-12 to read as follows:
18-13 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
18-14 shall contract only with family violence [shelter] centers that
18-15 fulfill the requirements of this chapter.
18-16 (b) The contracts shall require the persons operating a
18-17 family violence [shelter] center to:
18-18 (1) make a quarterly and an annual financial report on
18-19 a form prescribed by the department;
18-20 (2) cooperate with inspections the department makes to
18-21 ensure services standards and fiscal responsibility; and
18-22 (3) provide as a minimum access to the following:
18-23 (A) 24-hour-a-day shelter;
18-24 (B) a crisis call hotline available 24 hours a
18-25 day;
18-26 (C) emergency medical care;
19-1 (D) counseling services;
19-2 (E) emergency transportation;
19-3 (F) legal assistance in the civil and criminal
19-4 justice systems;
19-5 (G) educational arrangements for children;
19-6 (H) information about training for and seeking
19-7 employment;
19-8 (I) cooperation with criminal justice officials;
19-9 (J) community education;
19-10 (K) a referral system to existing community
19-11 services; and
19-12 (L) a volunteer recruitment and training
19-13 program.
19-14 (c) The contracts may require the persons operating a family
19-15 violence [shelter] center to use intake and case study forms.
19-16 Forms required shall be developed by the department with
19-17 consultation as outlined in Section 51.008 of this subtitle.
19-18 SECTION 19. Section 51.006, Human Resources Code, is amended
19-19 to read as follows:
19-20 Sec. 51.006. REPORT. Not later than November 1 of each
19-21 even-numbered year, the department shall publish a report that
19-22 summarizes reports from family violence [shelter] centers under
19-23 contract with the department and that analyzes the effectiveness of
19-24 the contracts authorized by this chapter. The reports must include
19-25 information on the expenditure of funds authorized under this
19-26 chapter, the services provided, the number of persons for whom a
20-1 service was provided, and any other information relating to the
20-2 provision of family violence services. The report may be combined
20-3 with the report required by Section 21.011. Copies of the report
20-4 shall be submitted to the governor, the lieutenant governor, the
20-5 speaker of the house of representatives, the Legislative Budget
20-6 Board, and the standing committees of the senate and house of
20-7 representatives having primary jurisdiction over the department.
20-8 SECTION 20. Section 51.007, Human Resources Code, is amended
20-9 to read as follows:
20-10 Sec. 51.007. CONFIDENTIALITY. The department may not
20-11 disclose any information gained through reports, collected case
20-12 data, or inspections that would identify a particular center or a
20-13 person working at or receiving services at a family violence
20-14 [shelter] center.
20-15 SECTION 21. Chapter 51, Human Resources Code, is amended by
20-16 adding Section 51.012 to read as follows:
20-17 Sec. 51.012. COORDINATION OF SERVICES. The department and
20-18 the Department of Protective and Regulatory Services shall
20-19 coordinate the provision of violence prevention services for
20-20 children and youth.
20-21 SECTION 22. Subchapter C, Chapter 242, Health and Safety
20-22 Code, is amended by adding Section 242.0611 to read as follows:
20-23 Sec. 242.0611. RULE-BASED CRITERIA FOR ENFORCEMENT REMEDIES.
20-24 The department shall develop criteria, published in rules,
20-25 regarding circumstances that trigger the imposition of each of the
20-26 remedies available to the department.
21-1 SECTION 23. Section 242.309, Health and Safety Code, as
21-2 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
21-3 Regular Session, 1997 (effective until federal determination of
21-4 failure to comply with federal regulations), is amended to read as
21-5 follows:
21-6 Sec. 242.309. PROVISIONAL LICENSE. (a) The board shall
21-7 issue [On application, the department shall grant] a provisional
21-8 license to an applicant currently licensed in another jurisdiction
21-9 who seeks a license in this state and who [under this subchapter.
21-10 An applicant for a provisional license under this section must]:
21-11 (1) has been [be] licensed in good standing as a
21-12 nursing facility administrator for at least two years in another
21-13 jurisdiction, including a foreign country, [in another state, the
21-14 District of Columbia, or a territory of the United States] that has
21-15 licensing requirements that are substantially equivalent to the
21-16 requirements of this subchapter;
21-17 (2) has [have] passed a national or other examination
21-18 recognized by the board relating to the practice of nursing
21-19 facility administration; and
21-20 (3) is [be] sponsored by a person licensed by the
21-21 board under this subchapter with whom the provisional license
21-22 holder will [may] practice during the time the person holds a
21-23 provisional license [under this section].
21-24 (b) The board may waive [An applicant for a provisional
21-25 license may be excused from] the requirement of Subsection (a)(3)
21-26 for an applicant if the board [department] determines that
22-1 compliance with that subsection would be [constitutes] a hardship
22-2 to the applicant.
22-3 (c) A provisional license is valid until the date the board
22-4 [department] approves or denies the provisional license holder's
22-5 application for a license. The board [department] shall issue a
22-6 license under this subchapter to the provisional license holder [of
22-7 a provisional license under this section] if:
22-8 (1) the provisional license holder is eligible to be
22-9 licensed under [passes the examination required by] Section 242.306
22-10 [242.306(c)]; or
22-11 (2) the provisional license holder passes the part of
22-12 the examination under Section 242.307 that relates to the
22-13 applicant's knowledge and understanding of the laws and rules
22-14 relating to the practice of nursing facility administration in this
22-15 state and:
22-16 (A) the board [department] verifies that the
22-17 provisional license holder meets [has] the academic and experience
22-18 requirements for a license under this subchapter; and
22-19 (B) [(3)] the provisional license holder
22-20 satisfies all other license requirements under this subchapter.
22-21 (d) The board must approve or deny [department shall
22-22 complete the processing of] a provisional license holder's
22-23 application for a license not later than the 180th day after the
22-24 date the provisional license is issued. The board [department] may
22-25 extend the 180-day period if the results of an examination have not
22-26 been received by the board before the end of that period [this time
23-1 in order to receive the results of a national examination or other
23-2 examination administered or graded by an outside organization
23-3 recognized by the department].
23-4 (e) The board may establish a fee for provisional licenses
23-5 in an amount reasonable and necessary to cover the cost of issuing
23-6 the license.
23-7 SECTION 24. Section 242.310, Health and Safety Code, as
23-8 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
23-9 Regular Session, 1997 (effective until federal determination of
23-10 failure to comply with federal regulations), is amended to read as
23-11 follows:
23-12 Sec. 242.310. LICENSE RENEWAL. (a) A person who is
23-13 otherwise eligible to renew a license may renew an unexpired
23-14 license by paying [to the department before the expiration of the
23-15 license] the required renewal fee to the department before the
23-16 expiration date of the license. A person whose license has expired
23-17 may not engage in activities that require a license until the
23-18 license has been renewed.
23-19 (b) A person whose [If a person's] license has been expired
23-20 for 90 days or less[, the person] may renew the license by paying
23-21 to the department a [the required] renewal fee [and a fee] that is
23-22 equal to 1-1/2 times the normally required renewal fee [one-half of
23-23 the examination fee for the license].
23-24 (c) A person whose [If a person's] license has been expired
23-25 for more [longer] than 90 days but less than one year[, the person]
23-26 may renew the license by paying to the department a renewal fee
24-1 that is equal to two times the normally required renewal fee [all
24-2 unpaid renewal fees and a fee that is equal to the examination fee
24-3 for the license].
24-4 (d) A person whose [If a person's] license has been expired
24-5 for one year or more [longer, the person] may not renew the
24-6 license. The person may obtain a new license by complying with the
24-7 requirements and procedures, including the examination
24-8 requirements, for obtaining an original license.
24-9 (e) A [However, the department may renew without
24-10 reexamination an expired license of a] person who was licensed in
24-11 this state, moved to another state, and is currently licensed and
24-12 has been in practice in the other state for the two years preceding
24-13 the date of application may obtain a new license without
24-14 reexamination. The [Such] person must pay to the department a fee
24-15 that is equal to two times the normally required renewal [the
24-16 examination] fee for the license.
24-17 (f) Not later than the 31st day [(e) At least 30 days]
24-18 before the date [expiration of] a person's license is scheduled to
24-19 expire, the department shall send written notice of the impending
24-20 [license] expiration to the person at the person's [license
24-21 holder's] last known address according to the records of the
24-22 department.
24-23 SECTION 25. Section 242.314, Health and Safety Code, as
24-24 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
24-25 Regular Session, 1997 (effective upon federal determination of
24-26 failure to comply with federal regulations), is amended to read as
25-1 follows:
25-2 Sec. 242.314. PROVISIONAL LICENSE. (a) The [On
25-3 application, the] board shall issue [grant] a provisional license
25-4 to an applicant currently licensed in another jurisdiction who
25-5 seeks a license in this state and who [under this subchapter. An
25-6 applicant for a provisional license under this section must]:
25-7 (1) has been [be] licensed in good standing as a
25-8 nursing facility administrator for at least two years in another
25-9 jurisdiction, including a foreign country, [state, the District of
25-10 Columbia, or a territory of the United States] that has licensing
25-11 requirements that are substantially equivalent to the requirements
25-12 of this subchapter;
25-13 (2) has [have] passed a national or other examination
25-14 recognized by the board relating to the practice of nursing
25-15 facility administration; and
25-16 (3) is [be] sponsored by a person licensed by the
25-17 board under this subchapter with whom the provisional license
25-18 holder will [may] practice during the time the person holds a
25-19 provisional license [under this section].
25-20 (b) The board may waive [An applicant for a provisional
25-21 license may be excused from] the requirement of Subsection (a)(3)
25-22 for an applicant if the board determines that compliance with that
25-23 subsection would be [constitutes] a hardship to the applicant.
25-24 (c) A provisional license is valid until the date the board
25-25 approves or denies the provisional license holder's application for
25-26 a license. The board shall issue a license under this subchapter
26-1 to the provisional license holder [of a provisional license under
26-2 this section] if:
26-3 (1) the provisional license holder is eligible to be
26-4 licensed under [passes the examination required by] Section 242.311
26-5 [242.311(c)]; or
26-6 (2) the provisional license holder passes the part of
26-7 the examination under Section 242.312 that relates to the
26-8 applicant's knowledge and understanding of the laws and rules
26-9 relating to the practice of nursing facility administration in this
26-10 state and:
26-11 (A) the board verifies that the provisional
26-12 license holder meets [has] the academic and experience requirements
26-13 for a license under this subchapter; and
26-14 (B) [(3)] the provisional license holder
26-15 satisfies any other license requirements under this subchapter.
26-16 (d) The board must approve or deny [shall complete the
26-17 processing of] a provisional license holder's application for a
26-18 license not later than the 180th day after the date the provisional
26-19 license is issued. The board may extend the 180-day period if the
26-20 results of an examination have not been received by the board
26-21 before the end of that period [this time in order to receive the
26-22 results of a national examination or other examination administered
26-23 or graded by an outside organization recognized by the board].
26-24 (e) The board may establish a fee for provisional licenses
26-25 in an amount reasonable and necessary to cover the cost of issuing
26-26 the license.
27-1 SECTION 26. Section 242.315, Health and Safety Code, as
27-2 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
27-3 Regular Session, 1997 (effective upon federal determination of
27-4 failure to comply with federal regulations), is amended to read as
27-5 follows:
27-6 Sec. 242.315. LICENSE RENEWAL. (a) A person who is
27-7 otherwise eligible to renew a license may renew an unexpired
27-8 license by paying [to the board before the expiration of the
27-9 license] the required renewal fee to the board before the
27-10 expiration date of the license. A person whose license has expired
27-11 may not engage in activities that require a license until the
27-12 license has been renewed.
27-13 (b) A person whose [If a person's] license has been expired
27-14 for 90 days or less[, the person] may renew the license by paying
27-15 to the board a [the required] renewal fee that is equal to 1-1/2
27-16 times the normally required fee [and a fee that is one-half of the
27-17 examination fee for the license].
27-18 (c) A person whose [If a person's] license has been expired
27-19 for more [longer] than 90 days but less than one year[, the person]
27-20 may renew the license by paying to the board a [all unpaid] renewal
27-21 [fees and a] fee that is equal to two times the normally required
27-22 renewal fee [the examination fee for the license].
27-23 (d) A person whose [If a person's] license has been expired
27-24 for one year or more [longer, the person] may not renew the
27-25 license. The person may obtain a new license by complying with the
27-26 requirements and procedures, including the examination
28-1 requirements, for obtaining an original license.
28-2 (e) A [However, the board may renew without reexamination an
28-3 expired license of a] person who was licensed in this state, moved
28-4 to another state, and is currently licensed and has been in
28-5 practice in the other state for the two years preceding the date of
28-6 application may obtain a new license without reexamination. The
28-7 person must pay to the board a fee that is equal to two times the
28-8 normally required renewal [the examination] fee for the license.
28-9 (f) Not later than the 31st day [(e) At least 30 days]
28-10 before the date [expiration of] a person's license is scheduled to
28-11 expire, the board shall send written notice of the impending
28-12 [license] expiration to the person at the person's [license
28-13 holder's] last known address according to the records of the board.
28-14 SECTION 27. Chapter 242, Health and Safety Code, is amended
28-15 by adding Subchapter Q to read as follows:
28-16 SUBCHAPTER Q. PUBLIC ACCESS TO QUALITY OF SERVICE INFORMATION
28-17 Sec. 242.901. COMPILATION OF QUALITY OF SERVICE INFORMATION.
28-18 (a) The department shall compile and periodically update
28-19 regulatory and service quality information regarding nursing
28-20 facilities licensed under this chapter for review by the public.
28-21 The department shall consult with nursing facility residents, their
28-22 families, nursing facility providers, and advocacy groups in
28-23 determining the types of information to compile. This subsection
28-24 applies only to regulatory and service quality information that is
28-25 public information subject to public disclosure under Chapter 552,
28-26 Government Code.
29-1 (b) The department shall compile the compilation required
29-2 under Subsection (a) in a format that is readily accessible to and
29-3 understandable by a member of the general public.
29-4 (c) The compilation required under Subsection (a) must
29-5 include information useful to a member of the general public in
29-6 selecting a nursing facility, including:
29-7 (1) complaint information, including the number of
29-8 complaints received, outcomes of investigations of the complaints,
29-9 final sanction information, and percentage of complaints that were
29-10 unsubstantiated;
29-11 (2) violations or deficiencies cited by a validation
29-12 survey that were dismissed or overturned;
29-13 (3) staff turnover rates;
29-14 (4) staff to resident ratios;
29-15 (5) percentages of budgets spent on direct patient
29-16 care;
29-17 (6) resident outcome improvements; and
29-18 (7) amount of volunteer activity and involvement.
29-19 (d) The cost incurred by a nursing facility in maintaining
29-20 and reporting regulatory and service quality information required
29-21 under this section is an allowable cost for reimbursement under the
29-22 state Medicaid program.
29-23 Sec. 242.902. ACCESS TO QUALITY OF SERVICE INFORMATION. The
29-24 department shall make copies of the information compiled under
29-25 Section 242.901 available to the public on request and shall also
29-26 provide access to the information through:
30-1 (1) any toll-free telephone numbers maintained by the
30-2 department; and
30-3 (2) any Internet sites or other electronic forums
30-4 maintained by the department.
30-5 SECTION 28. Subdivision (3), Subsection (b), Section 30.05,
30-6 Penal Code, is amended to read as follows:
30-7 (3) "Shelter center" has the meaning assigned by
30-8 Section 51.002 [51.002(1)], Human Resources Code.
30-9 SECTION 29. Subsection (c), Section 32.025, Human Resources
30-10 Code, is repealed.
30-11 SECTION 30. (a) The changes in law made by this Act
30-12 relating to the qualifications for a license issued by the Texas
30-13 Department of Human Services apply only to an application for a
30-14 license made on or after the effective date of this Act.
30-15 (b) An application made for a license issued by the Texas
30-16 Department of Human Services before the effective date of this Act
30-17 is governed by the law in effect on the date the application was
30-18 made, and the former law is continued in effect for that purpose.
30-19 SECTION 31. (a) The changes in law made by this Act to the
30-20 qualifications of and the prohibitions applying to members of the
30-21 Texas Board of Human Services do not affect the entitlement of a
30-22 member serving on the board immediately before September 1, 1999,
30-23 to continue to carry out the functions of the board for the
30-24 remainder of the member's term. The changes in law apply only to a
30-25 member appointed on or after September 1, 1999. This Act does not
30-26 prohibit a person who is a member of the board on September 1,
31-1 1999, from being reappointed to the board if the person has the
31-2 qualifications required for membership under Section 21.003, Human
31-3 Resources Code, as amended by this Act.
31-4 (b) The governor shall, in filling the first two vacancies
31-5 on the Texas Board of Human Services that occur after the effective
31-6 date of this Act, ensure that the composition of the board after
31-7 those vacancies are filled complies with the requirements of
31-8 Subsection (b), Section 21.003, Human Resources Code, as amended by
31-9 this Act.
31-10 SECTION 32. (a) Not later than January 1, 2000, the Texas
31-11 Department of Human Services shall develop and implement the system
31-12 required by Subsection (a), Section 22.0071, Human Resources Code,
31-13 as added by this Act.
31-14 (b) The change in law made by Subsection (b), Section
31-15 22.0071, Human Resources Code, as added by this Act, applies only
31-16 to a contract that is entered into or renewed on or after the
31-17 effective date of this Act. A contract entered into before the
31-18 effective date of this Act is governed by the law in effect at the
31-19 time the contract was entered into, and that law is continued in
31-20 effect for that purpose.
31-21 SECTION 33. (a) The change in law made to Section 22.018,
31-22 Human Resources Code, by this Act relating to a contested case
31-23 hearing conducted by the State Office of Administrative Hearings on
31-24 behalf of the Texas Department of Human Services applies only to a
31-25 hearing that begins on or after January 1, 2000. Notwithstanding
31-26 any other provision of this Act, a hearing that begins before that
32-1 date is governed by the law in effect at the time the hearing
32-2 begins, and that law is continued in effect for that purpose.
32-3 (b) The Commissioner of Human Services and the chief
32-4 administrative law judge of the State Office of Administrative
32-5 Hearings may agree to transfer contested cases pending before the
32-6 Texas Department of Human Services to the State Office of
32-7 Administrative Hearings before January 1, 2000.
32-8 SECTION 34. Section 32.0212, Human Resources Code, as added
32-9 by this Act, applies only to a contract that is entered into or
32-10 renewed on or after the effective date of this Act. A contract
32-11 entered into before the effective date of this Act is governed by
32-12 the law in effect at the time the contract was entered into, and
32-13 that law is continued in effect for that purpose.
32-14 SECTION 35. If, before implementing any provision of this
32-15 Act, a state agency determines that a waiver or authorization from
32-16 a federal agency is necessary for implementation of that provision,
32-17 the agency affected by the provision shall request the waiver or
32-18 authorization and may delay implementing that provision until the
32-19 waiver or authorization is granted.
32-20 SECTION 36. This Act takes effect September 1, 1999.
32-21 SECTION 37. The importance of this legislation and the
32-22 crowded condition of the calendars in both houses create an
32-23 emergency and an imperative public necessity that the
32-24 constitutional rule requiring bills to be read on three several
32-25 days in each house be suspended, and this rule is hereby suspended.