By Zaffirini S.B. No. 369
Substitute the following for S.B. No. 369:
By Chavez C.S.S.B. No. 369
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Department
1-3 of Human Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.002, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 21.002. SUNSET PROVISION. The Texas Department of
1-8 Human Services is subject to Chapter 325, Government Code (Texas
1-9 Sunset Act). Unless continued in existence as provided by that
1-10 chapter, the department is abolished and this title, excluding any
1-11 chapter that relates to a state agency other than the department,
1-12 expires September 1, 2011 [1999, except that Chapter 40 expires as
1-13 provided by Section 40.003].
1-14 SECTION 2. Subsections (b) and (d), Section 21.003, Human
1-15 Resources Code, are amended to read as follows:
1-16 (b) The board is composed of six members appointed by the
1-17 governor with the advice and consent of the senate and representing
1-18 all geographic regions of the state. One member of the board must
1-19 be a licensed physician with expertise in geriatric care, a second
1-20 member must be a health care professional who is licensed,
1-21 certified, or regulated by a health care regulatory agency, and a
1-22 third member must be a consumer advocate who represents the
1-23 interests of the population served by the department. To qualify
1-24 for an appointment to the board, a person must have demonstrated an
2-1 interest in and knowledge of human services.
2-2 (d) The governor shall designate a member of the board as
2-3 the [After the biennial appointment of new members, the board shall
2-4 elect a] presiding officer of the board to serve in that capacity
2-5 at the will of the governor [who shall preside over meetings of the
2-6 board].
2-7 SECTION 3. Chapter 21, Human Resources Code, is amended by
2-8 adding Section 21.0033 to read as follows:
2-9 Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
2-10 person who is appointed to and qualifies for office as a member of
2-11 the board may not vote, deliberate, or be counted as a member in
2-12 attendance at a meeting of the board until the person completes a
2-13 training program that complies with this section.
2-14 (b) The training program must provide the person with
2-15 information regarding:
2-16 (1) the legislation that created the department and
2-17 the board;
2-18 (2) the programs operated by the department;
2-19 (3) the role and functions of the department;
2-20 (4) the rules of the department with an emphasis on
2-21 the rules that relate to disciplinary and investigatory authority;
2-22 (5) the current budget for the department;
2-23 (6) the results of the most recent formal audit of the
2-24 department;
2-25 (7) the requirements of:
2-26 (A) the open meetings law, Chapter 551,
2-27 Government Code;
3-1 (B) the public information law, Chapter 552,
3-2 Government Code;
3-3 (C) the administrative procedure law, Chapter
3-4 2001, Government Code; and
3-5 (D) other laws relating to public officials,
3-6 including conflict of interest laws; and
3-7 (8) any applicable ethics policies adopted by the
3-8 department or the Texas Ethics Commission.
3-9 (c) A person appointed to the board is entitled to
3-10 reimbursement, as provided by the General Appropriations Act, for
3-11 travel expenses incurred in attending the training program
3-12 regardless of whether the attendance at the program occurs before
3-13 or after the person qualifies for office.
3-14 SECTION 4. Chapter 21, Human Resources Code, is amended by
3-15 adding Section 21.0061 to read as follows:
3-16 Sec. 21.0061. REGIONAL PERFORMANCE AGREEMENTS WITH LOCAL
3-17 ADMINISTRATIVE UNITS. (a) The commissioner and the administrator
3-18 of each local administrative unit of the department shall enter
3-19 into a regional performance agreement that includes goals,
3-20 objectives, and performance criteria established by the
3-21 commissioner under Subsection (b) for the unit.
3-22 (b) The commissioner shall establish and biennially update
3-23 goals, objectives, and performance criteria for each local
3-24 administrative unit of the department. The goals, objectives, and
3-25 performance criteria must:
3-26 (1) set clearly defined and measurable objectives
3-27 related to program outcomes and the volume and quality of services
4-1 delivered in the region to encourage accountability for services
4-2 provided; and
4-3 (2) encourage creativity and coordination of local
4-4 service delivery.
4-5 (c) In developing the goals, objectives, and performance
4-6 criteria under Subsection (b), the commissioner shall seek input
4-7 from:
4-8 (1) local providers of health and human services,
4-9 including local nursing facilities and personal care homes;
4-10 (2) recipients of services under department programs
4-11 administered by the local administrative unit; and
4-12 (3) local consumer representatives and advocacy
4-13 groups.
4-14 (d) The commissioner shall assess the performance of each
4-15 local administrative unit based on the goals, objectives, and
4-16 performance criteria in the regional performance agreement between
4-17 the commissioner and the administrator of that unit. The
4-18 commissioner shall include the results of each assessment in the
4-19 report on the operation and administration of the department
4-20 required under Section 21.011.
4-21 (e) The commissioner shall consider the goals, objectives,
4-22 and performance criteria in each regional performance agreement and
4-23 the performance of each local administrative unit based on those
4-24 standards when evaluating and establishing regional funding
4-25 allocations.
4-26 (f) The department shall inform health and human services
4-27 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. (a)
5-6 The department by rule shall develop and implement a system of
5-7 contracting with providers for the delivery of department community
5-8 care services. The system must be designed to:
5-9 (1) give providers equal and periodic opportunities to
5-10 contract with the department; and
5-11 (2) ensure competition among providers.
5-12 (b) In developing the system required by Subsection (a), the
5-13 department shall ensure that a sufficient number of easily
5-14 accessible, quality direct care providers are available to:
5-15 (1) provide access to services;
5-16 (2) ensure adequate choice of providers;
5-17 (3) ensure competition among providers;
5-18 (4) ensure quality of care for recipients of community
5-19 care services; and
5-20 (5) meet the demand for services.
5-21 (c) A contract for the delivery of community care services
5-22 under a department program must include:
5-23 (1) clearly defined goals and outcomes that can be
5-24 measured to determine whether the client service objectives are
5-25 being achieved;
5-26 (2) clearly defined sanctions or penalties, including
5-27 civil monetary penalties under Section 32.0215, if appropriate, for
6-1 noncompliance with contract terms; and
6-2 (3) clearly specified accounting, reporting, and
6-3 auditing requirements applicable to money received under the
6-4 contract.
6-5 (d) The department shall monitor a community care provider's
6-6 performance under a contract for the delivery of community care
6-7 services. In monitoring performance, the department shall:
6-8 (1) use a risk-assessment methodology throughout the
6-9 state to ensure compliance with financial and performance
6-10 requirements under the contract; and
6-11 (2) obtain and evaluate service cost information to
6-12 ensure that all costs, including administrative costs, are
6-13 reasonable and necessary to achieve client service objectives.
6-14 SECTION 6. Section 22.018, Human Resources Code, is amended
6-15 to read as follows:
6-16 Sec. 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
6-17 HEARINGS [DIVISION]. (a) The department and the chief
6-18 administrative law judge of the State Office of Administrative
6-19 Hearings shall adopt a memorandum of understanding under which the
6-20 State Office of Administrative Hearings, on behalf of the
6-21 department, conducts all contested case hearings authorized or
6-22 required by law to be conducted by the department under the
6-23 administrative procedure law, [shall establish and maintain a
6-24 hearings division that is separate from the legal division to
6-25 administer each hearing held under] Chapter 2001, Government Code.
6-26 (b) The memorandum of understanding shall require the chief
6-27 administrative law judge, the department, and the commissioner to
7-1 cooperate in connection with a contested case hearing and may
7-2 authorize the State Office of Administrative Hearings to perform
7-3 any administrative act, including giving of notice, that is
7-4 required to be performed by the department or commissioner [Neither
7-5 the department nor the department's legal division may directly or
7-6 indirectly influence a decision or the decision-making process of
7-7 the hearings division].
7-8 (c) The memorandum of understanding shall address whether
7-9 the administrative law judge who conducts a contested case hearing
7-10 for the State Office of Administrative Hearings on behalf of the
7-11 department shall:
7-12 (1) enter the final decision in the case after
7-13 completion of the hearing; or
7-14 (2) propose a decision to the department or the
7-15 commissioner for final consideration.
7-16 (d) The department by interagency contract shall reimburse
7-17 the State Office of Administrative Hearings for the costs incurred
7-18 in conducting contested case hearings for the department. The
7-19 department may pay an hourly fee for the costs of conducting those
7-20 hearings or a fixed annual fee negotiated biennially by the
7-21 department and the State Office of Administrative Hearings to
7-22 coincide with the department's legislative appropriations request.
7-23 (e) A reference in law to the hearings division of the
7-24 department is considered to be a reference to the State Office of
7-25 Administrative Hearings when used in relation to a contested case
7-26 hearing under the administrative procedure law, Chapter 2001,
7-27 Government Code.
8-1 SECTION 7. Section 31.0032, Human Resources Code, is amended
8-2 by adding Subsection (d) to read as follows:
8-3 (d) The department shall give the highest priority to the
8-4 administrative processing of sanctions or penalties applied under
8-5 this section so that the department's records of the affected
8-6 person promptly reflect application of the sanctions or penalties.
8-7 SECTION 8. The section heading to Section 31.0095, Human
8-8 Resources Code, is amended to read as follows:
8-9 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
8-10 SECTION 9. The section heading to Section 31.010, Human
8-11 Resources Code, is amended to read as follows:
8-12 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
8-13 RECIPIENT.
8-14 SECTION 10. Subchapter A, Chapter 31, Human Resources Code,
8-15 is amended by adding Section 31.011 to read as follows:
8-16 Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
8-17 SUPPORT SERVICES. (a) The department shall assist a recipient of
8-18 financial assistance in assessing the needs, other than
8-19 employability needs assessed under Section 31.0095, of the
8-20 recipient and the recipient's family that, if addressed, would help
8-21 the recipient and the recipient's family to attain and retain the
8-22 capability of independence and self-care.
8-23 (b) Based on the needs assessment under this section, the
8-24 department shall refer the recipient and the recipient's family to
8-25 appropriate preventive and support services provided by the
8-26 department or any other public or private entity. Preventive and
8-27 support services to which the department may refer a recipient and
9-1 a recipient's family under this section include:
9-2 (1) substance abuse treatment programs;
9-3 (2) domestic violence services;
9-4 (3) child abuse awareness and prevention services;
9-5 (4) health care and nutrition programs;
9-6 (5) parenting skills training;
9-7 (6) life skills training;
9-8 (7) criminal and juvenile justice intervention
9-9 programs;
9-10 (8) at-risk children and youth programs;
9-11 (9) child support enforcement services; and
9-12 (10) any other program or service determined by the
9-13 department to be appropriate.
9-14 SECTION 11. Subchapter A, Chapter 31, Human Resources Code,
9-15 is amended by adding Section 31.0127 to read as follows:
9-16 Sec. 31.0127. COORDINATION OF SERVICES FOR RECIPIENTS OF
9-17 FINANCIAL ASSISTANCE. (a) In order to ensure efficient delivery
9-18 of appropriate programs and services, the Health and Human Services
9-19 Commission is the state agency designated to coordinate between the
9-20 department and a state agency providing child care services, work
9-21 programs for recipients of financial assistance, and Food Stamp
9-22 Employment and Training services to an individual or family who has
9-23 been referred for programs and services by the department.
9-24 (b) The commission shall require a state agency that is
9-25 providing programs and services subject to coordination under
9-26 Subsection (a) to comply with Chapter 531, Government Code, with
9-27 regard to planning for the coordinated delivery of programs and
10-1 services, rulemaking, expenditure of funds, data collection and
10-2 reporting, and evaluations with regard to those programs and
10-3 services.
10-4 (c) Not later than October 1, 1999, the commission and a
10-5 state agency that is providing programs and services subject to
10-6 coordination under Subsection (a) shall jointly develop and adopt a
10-7 memorandum of understanding outlining measures to be taken to
10-8 increase the number of recipients of financial assistance who use
10-9 the Job Training Partnership Act program or its successor program.
10-10 (d) By January 15 of each odd-numbered year, the commission
10-11 shall provide a report to the governor, the lieutenant governor,
10-12 and the speaker of the house of representatives that:
10-13 (1) evaluates the efficiency and effectiveness of the
10-14 financial assistance program;
10-15 (2) evaluates the status of the coordination among
10-16 agencies and the compliance with this section;
10-17 (3) recommends measures to increase self-sufficiency
10-18 among recipients of financial assistance and to improve the
10-19 delivery of services to this population; and
10-20 (4) evaluates the effectiveness of the Job Training
10-21 Partnership Act program, or its successor program, in obtaining
10-22 employment outcomes for recipients of financial 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
10-27 regard to that program or service.
11-1 (f) This section does not authorize the commission to change
11-2 the allocation or disbursement of funds allocated to the state
11-3 under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
11-4 et seq.) in a manner that would result in the loss of exemption
11-5 status.
11-6 SECTION 12. Section 31.0321, Human Resources Code, as added
11-7 by Chapter 1442, Acts of the 75th Legislature, Regular Session,
11-8 1997, is amended by amending Subsections (d) and (e) and adding
11-9 Subsections (f) and (g) to read as follows:
11-10 (d) The department, the Texas Workforce Commission, the
11-11 Title IV-D agency, and each local workforce development board and
11-12 board subcontractor shall provide at least four hours of annual
11-13 training regarding family violence issues to employees who:
11-14 (1) provide information to applicants or recipients
11-15 regarding the requirements of the financial assistance program;
11-16 (2) explain, grant, or make recommendations regarding
11-17 the granting of good cause exemptions from the requirements of the
11-18 responsibility agreement under Section 31.0031;
11-19 (3) conduct employability needs assessments under
11-20 Section 31.0095;
11-21 (4) provide employment planning or retention services
11-22 to recipients; or
11-23 (5) apply or make recommendations regarding the
11-24 application of sanctions or penalties for failure to comply with
11-25 the requirements of the responsibility agreement under Section
11-26 31.0031.
11-27 (e) The training required by Subsection (d) must include
12-1 information regarding:
12-2 (1) the potential impact of family violence on the
12-3 safety of applicants and recipients and their ability to achieve
12-4 independence from public assistance;
12-5 (2) state laws and department rules that provide
12-6 options for applicants and recipients for whom achieving
12-7 independence from public assistance is impeded by family violence;
12-8 and
12-9 (3) support services and other resources available
12-10 through state and local governmental entities and through community
12-11 organizations that assist victims of family violence in safely
12-12 achieving independence from public assistance.
12-13 (f) The department shall coordinate the development and
12-14 implementation of procedures under this section in collaboration
12-15 with the Texas Workforce Commission, the Title IV-D agency, and at
12-16 least one statewide advocacy group for victims of family violence.
12-17 (g) [(e)] In this section:
12-18 (1) "Family violence" has the meaning assigned by
12-19 Section 71.004, Family Code.
12-20 (2) "Title IV-D agency" has the meaning assigned by
12-21 Section 101.033, Family Code.
12-22 SECTION 13. Subchapter B, Chapter 32, Human Resources Code,
12-23 is amended by adding Section 32.0212 to read as follows:
12-24 Sec. 32.0212. CONTRACTS FOR NURSING FACILITY CARE; QUALITY
12-25 ASSESSMENT. (a) The department by rule shall develop minimum
12-26 performance standards for a nursing facility that contracts with
12-27 the department for the delivery of medical assistance. In
13-1 developing the minimum performance standards, the department shall
13-2 use all appropriate performance data collected by the department or
13-3 another agency.
13-4 (b) A contract with the department for the delivery of
13-5 medical assistance by a nursing facility must include the
13-6 performance standards developed under Subsection (a).
13-7 (c) The department by rule shall develop and implement a
13-8 quality assessment process to evaluate the performance of a nursing
13-9 facility that contracts with the department for the delivery of
13-10 medical assistance. In developing the process, the department
13-11 shall use all appropriate performance data collected by the
13-12 department or any other agency, including:
13-13 (1) regulatory information collected through on-site
13-14 visits to a nursing facility;
13-15 (2) data relating to assessments made by a nursing
13-16 facility regarding the condition of a person receiving care in the
13-17 facility; and
13-18 (3) any other performance data determined by the
13-19 department to be useful.
13-20 (d) The department shall promptly address a nursing
13-21 facility's failure to meet minimum performance standards by, if
13-22 necessary, imposing penalties and sanctions, including termination
13-23 of the facility's contract, as authorized under the contract or as
13-24 provided by law.
13-25 SECTION 14. Subchapter B, Chapter 32, Human Resources Code,
13-26 is amended by adding Section 32.0251 to read as follows:
13-27 Sec. 32.0251. COMMUNITY CARE SERVICES FOR THE ELDERLY AND
14-1 DISABLED. (a) The department shall inform an applicant for
14-2 medical assistance seeking nursing facility care of any community
14-3 care services that may be available to the applicant as an
14-4 alternative to nursing facility care.
14-5 (b) The department by rule shall develop and implement a
14-6 process of presumptive eligibility determination for appropriate
14-7 elderly or disabled applicants for community care services.
14-8 (c) The department shall design a plan of care for an
14-9 applicant for community care services based on the needs of the
14-10 applicant identified by the department. The plan of care shall be
14-11 adjusted promptly as necessary based on any change in the
14-12 applicant's physical condition or need for services, whether
14-13 identified by the department during a periodic reassessment of the
14-14 applicant's condition or at any other time.
14-15 (d) If community care services are not readily available for
14-16 an elderly or disabled applicant because of a high demand for
14-17 services, the department shall maintain a waiting list for the
14-18 services. The department shall collect from each applicant who is
14-19 placed on the waiting list appropriate information to facilitate
14-20 contacting the applicant when the services become available and to
14-21 allow efficient enrollment of the applicant in those services. At
14-22 a minimum, the information collected by the department from an
14-23 applicant must include:
14-24 (1) the applicant's name, address, and telephone
14-25 number;
14-26 (2) the name, address, and telephone number of a
14-27 designated contact person for the applicant;
15-1 (3) the date of application for community care
15-2 services;
15-3 (4) the type and degree of care required by the
15-4 applicant; and
15-5 (5) the date the applicant is scheduled for
15-6 reassessment by the department.
15-7 SECTION 15. Section 33.024, Human Resources Code, is amended
15-8 by adding Subsections (k)-(m) to read as follows:
15-9 (k) The department shall develop and implement an outreach
15-10 program to increase participation in the summer program if funds
15-11 are appropriated or otherwise made available for that purpose. The
15-12 department shall design the outreach program to:
15-13 (1) increase participation of children from low-income
15-14 families;
15-15 (2) increase the number of summer programs offered
15-16 across this state, with particular emphasis on increasing programs
15-17 in needy communities;
15-18 (3) encourage school districts and public and private
15-19 nonprofit agencies to form partnerships to develop summer programs
15-20 that combine educational activities, such as reading enrichment,
15-21 with the provision of meals; and
15-22 (4) promote any other goal established by the
15-23 department relating to increased participation in the summer
15-24 program.
15-25 (l) The outreach program required by Subsection (k) must
15-26 target communities and schools that have the highest percentage of
15-27 eligible children and include:
16-1 (1) presentations to public schools, public entities,
16-2 and private nonprofit agencies that would be eligible to
16-3 participate in the summer program;
16-4 (2) dissemination of information regarding eligibility
16-5 requirements and application procedures;
16-6 (3) continual support and technical assistance to
16-7 existing programs to increase participation levels and to ensure
16-8 that the programs continue to operate; and
16-9 (4) public service announcements that publicize the
16-10 summer program and that appear on local television and radio
16-11 stations.
16-12 (m) The department shall administer a grant program designed
16-13 to encourage eligible organizations to serve as local sponsors or
16-14 meal preparation sites for the summer program by awarding a
16-15 financial supplement for each meal served from funds appropriated
16-16 or otherwise made available for that purpose.
16-17 SECTION 16. Chapter 33, Human Resources Code, is amended by
16-18 adding Section 33.026 to read as follows:
16-19 Sec. 33.026. CHILD AND ADULT CARE FOOD PROGRAM: REQUIRED
16-20 NOTICES AND ADVISORY COMMITTEE AUTHORITY. (a) Before adopting or
16-21 changing a department rule or policy relating to the federal Child
16-22 and Adult Care Food Program, the department shall submit the
16-23 proposed action to the department's advisory committee on that
16-24 program for comment, unless immediate action is required by federal
16-25 law. If immediate action is required by federal law, the
16-26 department shall submit the action for comment at the earliest
16-27 possible date.
17-1 (b) The department shall provide written notice to each
17-2 sponsoring organization of any modification or clarification of
17-3 department rules or policies relating to the federal Child and
17-4 Adult Care Food Program. Notice provided through electronic mail
17-5 is considered to be written notice for purposes of this subsection.
17-6 (c) The department's advisory committee on the federal Child
17-7 and Adult Care Food Program may:
17-8 (1) conduct public hearings in accordance with
17-9 department procedures;
17-10 (2) refer issues relating to the program to the board
17-11 for discussion; and
17-12 (3) recommend modifications to the department's
17-13 training programs for sponsoring organizations and other persons
17-14 participating in the program.
17-15 SECTION 17. Chapter 33, Human Resources Code, is amended by
17-16 adding Section 33.027 to read as follows:
17-17 Sec. 33.027. CHILD AND ADULT CARE FOOD PROGRAM: ELECTRONIC
17-18 FILING. (a) In administering the federal Child and Adult Care
17-19 Food Program, the department shall, unless prohibited by federal
17-20 law, permit a sponsoring organization or other person participating
17-21 in the program to submit applications and other required
17-22 information to the department in an electronic format or through
17-23 the use of electronically produced forms.
17-24 (b) The department may implement Subsection (a) by
17-25 developing necessary computer systems or by using computer systems
17-26 developed or made available for that purpose by a sponsoring
17-27 organization or other appropriate person.
18-1 SECTION 18. The chapter heading to Chapter 51, Human
18-2 Resources Code, is amended to read as follows:
18-3 CHAPTER 51. FAMILY VIOLENCE CENTERS [SHELTERS]
18-4 SECTION 19. Section 51.002, Human Resources Code, is amended
18-5 to read as follows:
18-6 Sec. 51.002. DEFINITIONS. In this chapter:
18-7 (1) "Family violence center" includes a family
18-8 violence shelter center and a family violence nonresidential
18-9 center.
18-10 (2) "Family violence nonresidential center" means a
18-11 program that:
18-12 (A) is operated by a public or private nonprofit
18-13 organization; and
18-14 (B) provides comprehensive services to victims
18-15 of family violence that do not include providing residential
18-16 shelter to those victims.
18-17 (3) "Family violence shelter center" means a program
18-18 that is operated by a public or private nonprofit organization and
18-19 that provides residential and nonresidential [shelter and] services
18-20 to victims of family violence.
18-21 (4) "Family violence" has the meaning assigned by
18-22 Chapter 71, Family Code [(2) "Victim of family violence" means:]
18-23 [(A) an adult who is subjected to physical force
18-24 or the threat of physical force by another who is related by
18-25 affinity or consanguinity, as determined under Chapter 573,
18-26 Government Code, to that adult, who is a former spouse of that
18-27 adult, or who resides in the same household with that adult; or]
19-1 [(B) an individual, other than an individual
19-2 using physical force or the threat of physical force, who resides
19-3 in the same household with a victim of family violence as defined
19-4 in Paragraph (A) of this subdivision].
19-5 SECTION 20. Section 51.003, Human Resources Code, is amended
19-6 to read as follows:
19-7 Sec. 51.003. CONTRACTS. (a) The Texas Department of Human
19-8 Services shall contract for services with family violence [shelter]
19-9 centers with consideration given to geographic distribution and
19-10 need. These contracts are to expand existing family violence
19-11 [shelter] center services and may not result in reducing financial
19-12 support a family violence [shelter] center receives from another
19-13 source. The contracts shall not provide for more than 75 percent
19-14 of the cost of the family violence [shelter] center program. The
19-15 department shall develop a declining scale of state financial
19-16 support for family violence [shelter] centers, declining over a
19-17 six-year period from the initiation of each individual contract,
19-18 with no more than 50 percent of a family violence [shelter] center
19-19 program's funding to be provided by the state after the sixth year.
19-20 The balance each year shall be provided from other sources. The
19-21 department may adopt rules which will allow exceptions to the above
19-22 scale in individual instances when a family violence [shelter]
19-23 center shall demonstrate that exigent circumstances require such a
19-24 waiver.
19-25 (b) The department shall contract statewide for activities
19-26 that support and advance the work of family violence [shelter]
19-27 centers. Activities contracted for under this subsection [A
20-1 contract] must include [require] the provision of technical
20-2 assistance and training for family violence [shelter] centers. The
20-3 department may contract for [may require] the provision of public
20-4 education, consultation to the department, research, evaluation,
20-5 and liaison and training for other professionals who work with
20-6 victims of family violence, including professionals in the criminal
20-7 justice, medical, and social services fields, and for community or
20-8 civic groups.
20-9 (c) The department shall award all contracts made under
20-10 Subsection (b) through a competitive bidding process unless that
20-11 process would not be cost-effective.
20-12 SECTION 21. Section 51.004, Human Resources Code, is amended
20-13 to read as follows:
20-14 Sec. 51.004. CONTRACT BIDS. (a) To be eligible for a
20-15 contract under Section 51.003(a) [of this code], a family violence
20-16 shelter center [public or private nonprofit organization] must:
20-17 (1) provide [operate a family violence shelter center
20-18 that provides] temporary lodging and social services for adults and
20-19 their children who have left or have been removed from the family
20-20 home because of family violence;
20-21 (2)[. The family violence shelter center must] have
20-22 been in actual operation offering shelter services 24 hours a day
20-23 with a capacity for not less than five persons for at least nine
20-24 months before the date on which [that] the contract is awarded; and
20-25 (3) submit a[. The] contract application [must be
20-26 submitted] on forms prescribed by the department.
20-27 (b) To be eligible for a contract under Section 51.003(a), a
21-1 family violence nonresidential center must:
21-2 (1) provide, as its primary purpose, direct delivery
21-3 of services to victims of family violence that, at a minimum,
21-4 include:
21-5 (A) safety planning;
21-6 (B) counseling services;
21-7 (C) information regarding legal options and
21-8 availability of legal services; and
21-9 (D) assistance and support in accessing legal
21-10 services, including accompanying victims in appropriate
21-11 circumstances;
21-12 (2) demonstrate a system of referring victims of
21-13 family violence to at least one family violence shelter center;
21-14 (3) have been providing comprehensive services,
21-15 including the services described by Subdivision (1), to victims of
21-16 family violence for at least two years before the date on which the
21-17 contract is awarded;
21-18 (4) demonstrate that the center, through the services
21-19 it provides, is addressing an otherwise unmet need in the
21-20 community; and
21-21 (5) submit a contract application on forms prescribed
21-22 by the department.
21-23 (c) The department shall consider the following factors in
21-24 awarding [the] contracts under Section 51.003(a):
21-25 (1) the family violence [shelter] center's eligibility
21-26 for and use of funds from the federal government, philanthropic
21-27 organizations, and voluntary sources;
22-1 (2) community support for the family violence
22-2 [shelter] center, as evidenced by financial contributions from
22-3 civic organizations, local governments, and individuals;
22-4 (3) evidence that the family violence [shelter] center
22-5 provides services that encourage rehabilitation and effectively
22-6 utilizes community resources;
22-7 (4) the endorsement and involvement of local law
22-8 enforcement officials; and
22-9 (5) support for the family violence [shelter] center
22-10 through volunteer work, especially volunteer effort by persons who
22-11 have been victims of family violence.
22-12 (d) [(c)] The department shall use a noncompetitive
22-13 procurement procedure if the department determines that there is no
22-14 competition between eligible family violence shelter centers for a
22-15 service area. If the department determines that there is
22-16 competition between eligible family violence shelter centers for a
22-17 service area, the department shall award a contract through a
22-18 competitive procurement procedure based on the factors in
22-19 Subsection (b) of this section.
22-20 (e) If the department determines that a family violence
22-21 nonresidential center provides services that would not be otherwise
22-22 available in the service area, the department shall include the
22-23 family violence nonresidential center in the noncompetitive
22-24 procurement procedure under Subsection (d).
22-25 SECTION 22. Section 51.005, Human Resources Code, is amended
22-26 to read as follows:
22-27 Sec. 51.005. CONTRACT SPECIFICATIONS. (a) The department
23-1 shall contract only with family violence [shelter] centers that
23-2 fulfill the requirements of this chapter.
23-3 (b) The contracts shall require the persons operating a
23-4 family violence [shelter] center to:
23-5 (1) make a quarterly and an annual financial report on
23-6 a form prescribed by the department;
23-7 (2) cooperate with inspections the department makes to
23-8 ensure services standards and fiscal responsibility; and
23-9 (3) provide as a minimum access to the following:
23-10 (A) 24-hour-a-day shelter;
23-11 (B) a crisis call hotline available 24 hours a
23-12 day;
23-13 (C) emergency medical care;
23-14 (D) counseling services;
23-15 (E) emergency transportation;
23-16 (F) legal assistance in the civil and criminal
23-17 justice systems;
23-18 (G) educational arrangements for children;
23-19 (H) information about training for and seeking
23-20 employment;
23-21 (I) cooperation with criminal justice officials;
23-22 (J) community education;
23-23 (K) a referral system to existing community
23-24 services; and
23-25 (L) a volunteer recruitment and training
23-26 program.
23-27 (c) The contracts may require the persons operating a family
24-1 violence [shelter] center to use intake and case study forms.
24-2 Forms required shall be developed by the department with
24-3 consultation as outlined in Section 51.008 of this subtitle.
24-4 SECTION 23. Section 51.006, Human Resources Code, is amended
24-5 to read as follows:
24-6 Sec. 51.006. REPORT. Not later than November 1 of each
24-7 even-numbered year, the department shall publish a report that
24-8 summarizes reports from family violence [shelter] centers under
24-9 contract with the department and that analyzes the effectiveness of
24-10 the contracts authorized by this chapter. The reports must include
24-11 information on the expenditure of funds authorized under this
24-12 chapter, the services provided, the number of persons for whom a
24-13 service was provided, and any other information relating to the
24-14 provision of family violence services. The report may be combined
24-15 with the report required by Section 21.011. Copies of the report
24-16 shall be submitted to the governor, the lieutenant governor, the
24-17 speaker of the house of representatives, the Legislative Budget
24-18 Board, and the standing committees of the senate and house of
24-19 representatives having primary jurisdiction over the department.
24-20 SECTION 24. Section 51.007, Human Resources Code, is amended
24-21 to read as follows:
24-22 Sec. 51.007. CONFIDENTIALITY. The department may not
24-23 disclose any information gained through reports, collected case
24-24 data, or inspections that would identify a particular center or a
24-25 person working at or receiving services at a family violence
24-26 [shelter] center.
24-27 SECTION 25. Chapter 51, Human Resources Code, is amended by
25-1 adding Section 51.012 to read as follows:
25-2 Sec. 51.012. COORDINATION OF SERVICES. The department and
25-3 the Department of Protective and Regulatory Services shall
25-4 coordinate the provision of violence prevention services for
25-5 children and youth.
25-6 SECTION 26. Section 242.309, Health and Safety Code, as
25-7 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
25-8 Regular Session, 1997 (effective until federal determination of
25-9 failure to comply with federal regulations), is amended to read as
25-10 follows:
25-11 Sec. 242.309. PROVISIONAL LICENSE. (a) The board shall
25-12 issue [On application, the department shall grant] a provisional
25-13 license to an applicant currently licensed in another jurisdiction
25-14 who seeks a license in this state and who [under this subchapter.
25-15 An applicant for a provisional license under this section must]:
25-16 (1) has been [be] licensed in good standing as a
25-17 nursing facility administrator for at least two years in another
25-18 jurisdiction, including a foreign country, [in another state, the
25-19 District of Columbia, or a territory of the United States] that has
25-20 licensing requirements that are substantially equivalent to the
25-21 requirements of this subchapter;
25-22 (2) has [have] passed a national or other examination
25-23 recognized by the board relating to the practice of nursing
25-24 facility administration; and
25-25 (3) is [be] sponsored by a person licensed by the
25-26 board under this subchapter with whom the provisional license
25-27 holder will [may] practice during the time the person holds a
26-1 provisional license [under this section].
26-2 (b) The board may waive [An applicant for a provisional
26-3 license may be excused from] the requirement of Subsection (a)(3)
26-4 for an applicant if the board [department] determines that
26-5 compliance with that subsection would be [constitutes] a hardship
26-6 to the applicant.
26-7 (c) A provisional license is valid until the date the board
26-8 [department] approves or denies the provisional license holder's
26-9 application for a license. The board [department] shall issue a
26-10 license under this subchapter to the provisional license holder [of
26-11 a provisional license under this section] if:
26-12 (1) the provisional license holder is eligible to be
26-13 licensed under [passes the examination required by] Section 242.306
26-14 [242.306(c)]; or
26-15 (2) the provisional license holder passes the part of
26-16 the examination under Section 242.307 that relates to the
26-17 applicant's knowledge and understanding of the laws and rules
26-18 relating to the practice of nursing facility administration in this
26-19 state and:
26-20 (A) the board [department] verifies that the
26-21 provisional license holder meets [has] the academic and experience
26-22 requirements for a license under this subchapter; and
26-23 (B) [(3)] the provisional license holder
26-24 satisfies all other license requirements under this subchapter.
26-25 (d) The board must approve or deny [department shall
26-26 complete the processing of] a provisional license holder's
26-27 application for a license not later than the 180th day after the
27-1 date the provisional license is issued. The board [department] may
27-2 extend the 180-day period if the results of an examination have not
27-3 been received by the board before the end of that period [this time
27-4 in order to receive the results of a national examination or other
27-5 examination administered or graded by an outside organization
27-6 recognized by the department].
27-7 (e) The board may establish a fee for provisional licenses
27-8 in an amount reasonable and necessary to cover the cost of issuing
27-9 the license.
27-10 SECTION 27. Section 242.310, Health and Safety Code, as
27-11 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
27-12 Regular Session, 1997 (effective until federal determination of
27-13 failure to comply with federal regulations), is amended to read as
27-14 follows:
27-15 Sec. 242.310. LICENSE RENEWAL. (a) A person who is
27-16 otherwise eligible to renew a license may renew an unexpired
27-17 license by paying [to the department before the expiration of the
27-18 license] the required renewal fee to the department before the
27-19 expiration date of the license. A person whose license has expired
27-20 may not engage in activities that require a license until the
27-21 license has been renewed.
27-22 (b) A person whose [If a person's] license has been expired
27-23 for 90 days or less[, the person] may renew the license by paying
27-24 to the department a [the required] renewal fee [and a fee] that is
27-25 equal to 1-1/2 times the normally required renewal fee [one-half of
27-26 the examination fee for the license].
27-27 (c) A person whose [If a person's] license has been expired
28-1 for more [longer] than 90 days but less than one year[, the person]
28-2 may renew the license by paying to the department a renewal fee
28-3 that is equal to two times the normally required renewal fee [all
28-4 unpaid renewal fees and a fee that is equal to the examination fee
28-5 for the license].
28-6 (d) A person whose [If a person's] license has been expired
28-7 for one year or more [longer, the person] may not renew the
28-8 license. The person may obtain a new license by complying with the
28-9 requirements and procedures, including the examination
28-10 requirements, for obtaining an original license.
28-11 (e) A [However, the department may renew without
28-12 reexamination an expired license of a] person who was licensed in
28-13 this state, moved to another state, and is currently licensed and
28-14 has been in practice in the other state for the two years preceding
28-15 the date of application may obtain a new license without
28-16 reexamination. The [Such] person must pay to the department a fee
28-17 that is equal to two times the normally required renewal [the
28-18 examination] fee for the license.
28-19 (f) Not later than the 31st day [(e) At least 30 days]
28-20 before the date [expiration of] a person's license is scheduled to
28-21 expire, the department shall send written notice of the impending
28-22 [license] expiration to the person at the person's [license
28-23 holder's] last known address according to the records of the
28-24 department.
28-25 SECTION 28. Section 242.314, Health and Safety Code, as
28-26 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
28-27 Regular Session, 1997 (effective upon federal determination of
29-1 failure to comply with federal regulations), is amended to read as
29-2 follows:
29-3 Sec. 242.314. PROVISIONAL LICENSE. (a) The [On
29-4 application, the] board shall issue [grant] a provisional license
29-5 to an applicant currently licensed in another jurisdiction who
29-6 seeks a license in this state and who [under this subchapter. An
29-7 applicant for a provisional license under this section must]:
29-8 (1) has been [be] licensed in good standing as a
29-9 nursing facility administrator for at least two years in another
29-10 jurisdiction, including a foreign country, [state, the District of
29-11 Columbia, or a territory of the United States] that has licensing
29-12 requirements that are substantially equivalent to the requirements
29-13 of this subchapter;
29-14 (2) has [have] passed a national or other examination
29-15 recognized by the board relating to the practice of nursing
29-16 facility administration; and
29-17 (3) is [be] sponsored by a person licensed by the
29-18 board under this subchapter with whom the provisional license
29-19 holder will [may] practice during the time the person holds a
29-20 provisional license [under this section].
29-21 (b) The board may waive [An applicant for a provisional
29-22 license may be excused from] the requirement of Subsection (a)(3)
29-23 for an applicant if the board determines that compliance with that
29-24 subsection would be [constitutes] a hardship to the applicant.
29-25 (c) A provisional license is valid until the date the board
29-26 approves or denies the provisional license holder's application for
29-27 a license. The board shall issue a license under this subchapter
30-1 to the provisional license holder [of a provisional license under
30-2 this section] if:
30-3 (1) the provisional license holder is eligible to be
30-4 licensed under [passes the examination required by] Section 242.311
30-5 [242.311(c)]; or
30-6 (2) the provisional license holder passes the part of
30-7 the examination under Section 242.312 that relates to the
30-8 applicant's knowledge and understanding of the laws and rules
30-9 relating to the practice of nursing facility administration in this
30-10 state and:
30-11 (A) the board verifies that the provisional
30-12 license holder meets [has] the academic and experience requirements
30-13 for a license under this subchapter; and
30-14 (B) [(3)] the provisional license holder
30-15 satisfies any other license requirements under this subchapter.
30-16 (d) The board must approve or deny [shall complete the
30-17 processing of] a provisional license holder's application for a
30-18 license not later than the 180th day after the date the provisional
30-19 license is issued. The board may extend the 180-day period if the
30-20 results of an examination have not been received by the board
30-21 before the end of that period [this time in order to receive the
30-22 results of a national examination or other examination administered
30-23 or graded by an outside organization recognized by the board].
30-24 (e) The board may establish a fee for provisional licenses
30-25 in an amount reasonable and necessary to cover the cost of issuing
30-26 the license.
30-27 SECTION 29. Section 242.315, Health and Safety Code, as
31-1 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
31-2 Regular Session, 1997 (effective upon federal determination of
31-3 failure to comply with federal regulations), is amended to read as
31-4 follows:
31-5 Sec. 242.315. LICENSE RENEWAL. (a) A person who is
31-6 otherwise eligible to renew a license may renew an unexpired
31-7 license by paying [to the board before the expiration of the
31-8 license] the required renewal fee to the board before the
31-9 expiration date of the license. A person whose license has expired
31-10 may not engage in activities that require a license until the
31-11 license has been renewed.
31-12 (b) A person whose [If a person's] license has been expired
31-13 for 90 days or less[, the person] may renew the license by paying
31-14 to the board a [the required] renewal fee that is equal to 1-1/2
31-15 times the normally required fee [and a fee that is one-half of the
31-16 examination fee for the license].
31-17 (c) A person whose [If a person's] license has been expired
31-18 for more [longer] than 90 days but less than one year[, the person]
31-19 may renew the license by paying to the board a [all unpaid] renewal
31-20 [fees and a] fee that is equal to two times the normally required
31-21 renewal fee [the examination fee for the license].
31-22 (d) A person whose [If a person's] license has been expired
31-23 for one year or more [longer, the person] may not renew the
31-24 license. The person may obtain a new license by complying with the
31-25 requirements and procedures, including the examination
31-26 requirements, for obtaining an original license.
31-27 (e) A [However, the board may renew without reexamination an
32-1 expired license of a] person who was licensed in this state, moved
32-2 to another state, and is currently licensed and has been in
32-3 practice in the other state for the two years preceding the date of
32-4 application may obtain a new license without reexamination. The
32-5 person must pay to the board a fee that is equal to two times the
32-6 normally required renewal [the examination] fee for the license.
32-7 (f) Not later than the 31st day [(e) At least 30 days]
32-8 before the date [expiration of] a person's license is scheduled to
32-9 expire, the board shall send written notice of the impending
32-10 [license] expiration to the person at the person's [license
32-11 holder's] last known address according to the records of the board.
32-12 SECTION 30. Chapter 242, Health and Safety Code, is amended
32-13 by adding Subchapter Q to read as follows:
32-14 SUBCHAPTER Q. PUBLIC ACCESS TO QUALITY OF SERVICE INFORMATION
32-15 Sec. 242.901. COMPILATION OF QUALITY OF SERVICE INFORMATION.
32-16 (a) The department shall compile and periodically update
32-17 regulatory and service quality information regarding nursing
32-18 facilities licensed under this chapter for review by the public.
32-19 The department shall consult with nursing facility residents, their
32-20 families, nursing facility providers, and advocacy groups in
32-21 determining the types of information to compile. This subsection
32-22 applies only to regulatory and service quality information that is
32-23 public information subject to public disclosure under Chapter 552,
32-24 Government Code.
32-25 (b) The department shall compile the compilation required
32-26 under Subsection (a) in a format that is readily accessible to and
32-27 understandable by a member of the general public.
33-1 (c) The compilation required under Subsection (a) must
33-2 include information useful to a member of the general public in
33-3 selecting a nursing facility, including:
33-4 (1) complaint information, including the number of
33-5 complaints received, outcomes of investigations of the complaints,
33-6 final sanction information, and percentage of complaints that were
33-7 unsubstantiated;
33-8 (2) violations or deficiencies cited by a validation
33-9 survey that were dismissed or overturned;
33-10 (3) staff turnover rates;
33-11 (4) staff to resident ratios;
33-12 (5) percentages of budgets spent on direct patient
33-13 care;
33-14 (6) resident outcome improvements; and
33-15 (7) amount of volunteer activity and involvement.
33-16 (d) The cost incurred by a nursing facility in maintaining
33-17 and reporting regulatory and service quality information required
33-18 under this section is an allowable cost for reimbursement under the
33-19 state Medicaid program.
33-20 Sec. 242.902. ACCESS TO QUALITY OF SERVICE INFORMATION. The
33-21 department shall make copies of the information compiled under
33-22 Section 242.901 available to the public on request and shall also
33-23 provide access to the information through:
33-24 (1) any toll-free telephone numbers maintained by the
33-25 department; and
33-26 (2) any Internet sites or other electronic forums
33-27 maintained by the department.
34-1 SECTION 31. Subdivision (3), Subsection (b), Section 30.05,
34-2 Penal Code, is amended to read as follows:
34-3 (3) "Shelter center" has the meaning assigned by
34-4 Section 51.002 [51.002(1)], Human Resources Code.
34-5 SECTION 32. Subsection (c), Section 32.025, Human Resources
34-6 Code, is repealed.
34-7 SECTION 33. (a) The changes in law made by this Act
34-8 relating to the qualifications for a license issued by the Texas
34-9 Department of Human Services apply only to an application for a
34-10 license made on or after the effective date of this Act.
34-11 (b) An application made for a license issued by the Texas
34-12 Department of Human Services before the effective date of this Act
34-13 is governed by the law in effect on the date the application was
34-14 made, and the former law is continued in effect for that purpose.
34-15 SECTION 34. (a) The changes in law made by this Act to the
34-16 qualifications of and the prohibitions applying to members of the
34-17 Texas Board of Human Services do not affect the entitlement of a
34-18 member serving on the board immediately before September 1, 1999,
34-19 to continue to carry out the functions of the board for the
34-20 remainder of the member's term. The changes in law apply only to a
34-21 member appointed on or after September 1, 1999. This Act does not
34-22 prohibit a person who is a member of the board on September 1,
34-23 1999, from being reappointed to the board if the person has the
34-24 qualifications required for membership under Section 21.003, Human
34-25 Resources Code, as amended by this Act.
34-26 (b) The governor shall, in filling the first two vacancies
34-27 on the Texas Board of Human Services that occur after the effective
35-1 date of this Act, ensure that the composition of the board after
35-2 those vacancies are filled complies with the requirements of
35-3 Subsection (b), Section 21.003, Human Resources Code, as amended by
35-4 this Act.
35-5 SECTION 35. (a) Not later than January 1, 2000, the Texas
35-6 Department of Human Services shall develop the system required by
35-7 Subsection (a), Section 22.0071, Human Resources Code, as added by
35-8 this Act.
35-9 (b) Not later than May 1, 2000, the Texas Department of
35-10 Human Services shall implement the system required by Subsection
35-11 (a), Section 22.0071, Human Resources Code, as added by this Act.
35-12 (c) The change in law made by Subsection (c), Section
35-13 22.0071, Human Resources Code, as added by this Act, applies only
35-14 to a contract that is entered into or renewed on or after the
35-15 effective date of this Act. A contract entered into before the
35-16 effective date of this Act is governed by the law in effect at the
35-17 time the contract was entered into, and that law is continued in
35-18 effect for that purpose.
35-19 SECTION 36. (a) The change in law made to Section 22.018,
35-20 Human Resources Code, by this Act relating to a contested case
35-21 hearing conducted by the State Office of Administrative Hearings on
35-22 behalf of the Texas Department of Human Services applies only to a
35-23 hearing that begins on or after January 1, 2000. Notwithstanding
35-24 any other provision of this Act, a hearing that begins before that
35-25 date is governed by the law in effect at the time the hearing
35-26 begins, and that law is continued in effect for that purpose.
35-27 (b) The Commissioner of Human Services and the chief
36-1 administrative law judge of the State Office of Administrative
36-2 Hearings may agree to transfer contested cases pending before the
36-3 Texas Department of Human Services to the State Office of
36-4 Administrative Hearings before January 1, 2000.
36-5 SECTION 37. Section 32.0212, Human Resources Code, as added
36-6 by this Act, applies only to a contract that is entered into or
36-7 renewed on or after the effective date of this Act. A contract
36-8 entered into before the effective date of this Act is governed by
36-9 the law in effect at the time the contract was entered into, and
36-10 that law is continued in effect for that purpose.
36-11 SECTION 38. If, before implementing any provision of this
36-12 Act, a state agency determines that a waiver or authorization from
36-13 a federal agency is necessary for implementation of that provision,
36-14 the agency affected by the provision shall request the waiver or
36-15 authorization and may delay implementing that provision until the
36-16 waiver or authorization is granted.
36-17 SECTION 39. (a) Except as provided by Subsection (b) of
36-18 this section, this Act takes effect September 1, 1999.
36-19 (b) Section 17 of this Act takes effect January 1, 2001.
36-20 SECTION 40. The importance of this legislation and the
36-21 crowded condition of the calendars in both houses create an
36-22 emergency and an imperative public necessity that the
36-23 constitutional rule requiring bills to be read on three several
36-24 days in each house be suspended, and this rule is hereby suspended.