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.