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.