By Zaffirini                                           S.B. No. 369
         76R837 KLA-D                           
                                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, 2007 [1999, except that Chapter 40 expires as
1-13     provided by Section 40.003].
1-14           SECTION 2.  Sections 21.003(b) and (d), Human Resources Code,
1-15     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 and
1-20     another member must be a health care professional who is licensed,
1-21     certified, or regulated by a health care regulatory agency.  To
1-22     qualify for an appointment to the board, a person must have
1-23     demonstrated an interest in and knowledge of human services.
1-24           (d)  The governor shall designate a member of the board as
 2-1     the [After the biennial appointment of new members, the board shall
 2-2     elect a] presiding officer of the board to serve in that capacity
 2-3     at the will of the governor [who shall preside over meetings of the
 2-4     board].
 2-5           SECTION 3.  Chapter 21, Human Resources Code, is amended by
 2-6     adding Section 21.0033 to read as follows:
 2-7           Sec. 21.0033.  TRAINING PROGRAM FOR BOARD MEMBERS.  (a)  A
 2-8     person who is appointed to and qualifies for office as a member of
 2-9     the board may not vote, deliberate, or be counted as a member in
2-10     attendance at a meeting of the board until the person completes a
2-11     training program that complies with this section.
2-12           (b)  The training program must provide the person with
2-13     information regarding:
2-14                 (1)  the legislation that created the department and
2-15     the board;
2-16                 (2)  the programs operated by the department;
2-17                 (3)  the role and functions of the department;
2-18                 (4)  the rules of the department with an emphasis on
2-19     the rules that relate to disciplinary and investigatory authority;
2-20                 (5)  the current budget for the department;
2-21                 (6)  the results of the most recent formal audit of the
2-22     department;
2-23                 (7)  the requirements of:
2-24                       (A)  the open meetings law, Chapter 551,
2-25     Government Code;
2-26                       (B)  the public information law, Chapter 552,
2-27     Government Code;
 3-1                       (C)  the administrative procedure law, Chapter
 3-2     2001, Government Code; and
 3-3                       (D)  other laws relating to public officials,
 3-4     including conflict of interest laws; and
 3-5                 (8)  any applicable ethics policies adopted by the
 3-6     department or the Texas Ethics Commission.
 3-7           (c)  A person appointed to the board is entitled to
 3-8     reimbursement, as provided by the General Appropriations Act, for
 3-9     travel expenses incurred in attending the training program
3-10     regardless of whether the attendance at the program occurs before
3-11     or after the person qualifies for office.
3-12           SECTION 4.  Chapter 21, Human Resources Code, is amended by
3-13     adding Section 21.0061 to read as follows:
3-14           Sec. 21.0061.  REGIONAL PERFORMANCE AGREEMENTS WITH LOCAL
3-15     ADMINISTRATIVE UNITS.  (a)  The commissioner and the administrator
3-16     of each local administrative unit of the department shall enter
3-17     into a regional performance agreement that includes goals,
3-18     objectives, and performance criteria established by the
3-19     commissioner under Subsection (b) for the unit.
3-20           (b)  The commissioner shall establish and periodically update
3-21     goals, objectives, and performance criteria for each local
3-22     administrative unit of the department.  The goals, objectives, and
3-23     performance criteria must:
3-24                 (1)  set clearly defined and measurable objectives
3-25     related to program outcomes and the volume and quality of services
3-26     delivered in the region to encourage accountability for services
3-27     provided; and
 4-1                 (2)  encourage creativity and coordination of local
 4-2     service delivery.
 4-3           (c)  In developing the goals, objectives, and performance
 4-4     criteria under Subsection (b), the commissioner shall seek input
 4-5     from:
 4-6                 (1)  local providers of health and human services,
 4-7     including local nursing facilities and personal care homes;
 4-8                 (2)  recipients of services under department programs
 4-9     administered by the local administrative unit; and
4-10                 (3)  local consumer representatives and advocacy
4-11     groups.
4-12           (d)  The commissioner shall assess the performance of each
4-13     local administrative unit based on the goals, objectives, and
4-14     performance criteria in the regional performance agreement between
4-15     the commissioner and the administrator of that unit.  The
4-16     commissioner shall include the results of each assessment in the
4-17     report on the operation and administration of the department
4-18     required under Section 21.011.
4-19           (e)  The commissioner shall consider the goals, objectives,
4-20     and performance criteria in each regional performance agreement and
4-21     the performance of each local administrative unit based on those
4-22     standards when evaluating and establishing regional funding
4-23     allocations.
4-24           (f)  The department shall inform health and human services
4-25     agencies, as defined by Section 531.001, Government Code, and the
4-26     general public in each region of the contents of the regional
4-27     performance agreement for that region.
 5-1           SECTION 5.  Chapter 22, Human Resources Code, is amended by
 5-2     adding Section 22.0071 to read as follows:
 5-3           Sec. 22.0071.  CONTRACTS FOR COMMUNITY CARE SERVICES.  (a)
 5-4     The department by rule shall develop and implement a system of
 5-5     selective contracting with providers for the delivery of department
 5-6     community care services.  The department shall ensure that more
 5-7     than one provider is available in each region of the state.  The
 5-8     department may not use an open-enrollment contracting system under
 5-9     which any provider who meets department criteria is entitled to
5-10     contract with the department.
5-11           (b)  A contract for the delivery of community care services
5-12     under a department program must include:
5-13                 (1)  clearly defined goals and outcomes that can be
5-14     measured to determine whether the client service objectives are
5-15     being achieved;
5-16                 (2)  clearly defined sanctions or penalties, including
5-17     civil monetary penalties under Section 32.0215, if appropriate, for
5-18     noncompliance with contract terms; and
5-19                 (3)  clearly specified accounting, reporting, and
5-20     auditing requirements applicable to money received under the
5-21     contract.
5-22           (c)  The department shall monitor a community care provider's
5-23     performance under a contract for the delivery of community care
5-24     services.  In monitoring performance, the department shall:
5-25                 (1)  use a risk-assessment methodology throughout the
5-26     state to ensure compliance with financial and performance
5-27     requirements under the contract; and
 6-1                 (2)  obtain and evaluate service cost information to
 6-2     ensure that all costs, including administrative costs, are
 6-3     reasonable and necessary to achieve client service objectives.
 6-4           SECTION 6.  Section 22.018, Human Resources Code, is amended
 6-5     to read as follows:
 6-6           Sec. 22.018.  COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
 6-7     HEARINGS [HEARINGS DIVISION].  (a)  Except as provided by
 6-8     Subsection (e), the department and the chief administrative law
 6-9     judge of the State Office of Administrative Hearings shall adopt a
6-10     memorandum of understanding under which the State Office of
6-11     Administrative Hearings, on behalf of the department, conducts all
6-12     contested case hearings authorized or required by law to be
6-13     conducted by the department under the administrative procedure law,
6-14     [The department shall establish and maintain a hearings division
6-15     that is separate from the legal division to administer each hearing
6-16     held under] Chapter 2001, Government Code.
6-17           (b)  The memorandum of understanding shall require the chief
6-18     administrative law judge, the department, and the commissioner to
6-19     cooperate in connection with a contested case hearing and may
6-20     authorize the State Office of Administrative Hearings to perform
6-21     any administrative act, including giving of notice, that is
6-22     required to be performed by the department or commissioner [Neither
6-23     the department nor the department's legal division may directly or
6-24     indirectly influence a decision or the decision-making process of
6-25     the hearings division].
6-26           (c)  The memorandum of understanding shall address whether
6-27     the administrative law judge who conducts a contested case hearing
 7-1     for the State Office of Administrative Hearings on behalf of the
 7-2     department shall:
 7-3                 (1)  enter the final decision in the case after
 7-4     completion of the hearing; or
 7-5                 (2)  propose a decision to the department or the
 7-6     commissioner for final consideration.
 7-7           (d)  The department by interagency contract shall reimburse
 7-8     the State Office of Administrative Hearings for the costs incurred
 7-9     in conducting contested case hearings for the department.  The
7-10     department may pay an hourly fee for the costs of conducting those
7-11     hearings or a fixed annual fee negotiated biennially by the
7-12     department and the State Office of Administrative Hearings to
7-13     coincide with the department's legislative appropriations request.
7-14           (e)  A reference in law to the hearings division of the
7-15     department is considered to be a reference to the State Office of
7-16     Administrative Hearings when used in relation to a contested case
7-17     hearing under the administrative procedure law, Chapter 2001,
7-18     Government Code.
7-19           SECTION 7.  Section 31.0032, Human Resources Code, is amended
7-20     by amending Subsection (a) and adding Subsection (d) to read as
7-21     follows:
7-22           (a)  If after an investigation the department determines that
7-23     a person is not complying with a requirement of the responsibility
7-24     agreement required under Section 31.0031, the department shall
7-25     immediately apply appropriate sanctions or penalties regarding the
7-26     assistance provided to or for that person under this chapter.
7-27           (d)  The department shall give the highest priority to the
 8-1     administrative processing of sanctions or penalties applied under
 8-2     this section so that the department's records of the affected
 8-3     person promptly reflect application of the sanctions or penalties.
 8-4           SECTION 8.  The section heading to Section 31.0095, Human
 8-5     Resources Code, is amended to read as follows:
 8-6           Sec. 31.0095.  EMPLOYABILITY NEEDS ASSESSMENT.
 8-7           SECTION 9.  The section heading to Section 31.010, Human
 8-8     Resources Code, is amended to read as follows:
 8-9           Sec. 31.010.  SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
8-10     RECIPIENT.
8-11           SECTION 10.  Subchapter A, Chapter 31, Human Resources Code,
8-12     is amended by adding Section 31.011 to read as follows:
8-13           Sec. 31.011.  PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
8-14     SUPPORT SERVICES.  (a)  The department shall assist a recipient of
8-15     financial assistance in assessing the needs, other than
8-16     employability needs assessed under Section 31.0095, of the
8-17     recipient and the recipient's family that, if addressed, would help
8-18     the recipient and the recipient's family to attain and retain the
8-19     capability of independence and self-care.
8-20           (b)  Based on the needs assessment under this section, the
8-21     department shall refer the recipient and the recipient's family to
8-22     appropriate preventive and support services provided by the
8-23     department or any other public or private entity.  Preventive and
8-24     support services to which the department may refer a recipient and
8-25     a recipient's family under this section include:
8-26                 (1)  substance abuse treatment programs;
8-27                 (2)  domestic violence services;
 9-1                 (3)  child abuse awareness and prevention services;
 9-2                 (4)  health care and nutrition programs;
 9-3                 (5)  parenting skills training;
 9-4                 (6)  life skills training;
 9-5                 (7)  criminal and juvenile justice intervention
 9-6     programs;
 9-7                 (8)  at-risk children and youth programs; and
 9-8                 (9)  child support enforcement services.
 9-9           SECTION 11.  Subchapter B, Chapter 32, Human Resources Code,
9-10     is amended by adding Section 32.0212 to read as follows:
9-11           Sec. 32.0212.  CONTRACTS FOR NURSING FACILITY CARE.  (a)  The
9-12     department by rule shall develop minimum performance standards for
9-13     a nursing facility that contracts with the department for the
9-14     delivery of medical assistance.  In developing the minimum
9-15     performance standards, the department shall use all performance
9-16     data collected by the department, including:
9-17                 (1)  regulatory information collected by the department
9-18     through on-site visits to a nursing facility;
9-19                 (2)  cost reports submitted to the department by a
9-20     nursing facility for reimbursement;
9-21                 (3)  utilization review data used to assess the level
9-22     of care assigned to a person receiving care in a nursing facility;
9-23     and
9-24                 (4)  data relating to assessments made by a nursing
9-25     facility regarding the condition of a person receiving care in the
9-26     facility.
9-27           (b)  A contract with the department for the delivery of
 10-1    medical assistance by a nursing facility must include the
 10-2    performance standards developed under Subsection (a).
 10-3          (c)  The department shall promptly address a nursing
 10-4    facility's failure to meet minimum performance standards by:
 10-5                (1)  issuing a corrective action plan detailing the
 10-6    actions required of the nursing facility to comply with the minimum
 10-7    performance standards; and
 10-8                (2)  if necessary, imposing penalties and sanctions as
 10-9    authorized under the contract or as provided by law.
10-10          SECTION 12.  Subchapter B, Chapter 32, Human Resources Code,
10-11    is amended by adding Section 32.0251 to read as follows:
10-12          Sec. 32.0251.  COMMUNITY CARE SERVICES FOR THE ELDERLY AND
10-13    DISABLED.  (a)  The department shall inform an applicant for
10-14    medical assistance seeking nursing facility care of any community
10-15    care services that may be available to the applicant as an
10-16    alternative to nursing facility care.
10-17          (b)  The department by rule shall develop and implement a
10-18    process of presumptive eligibility determination for appropriate
10-19    elderly or disabled applicants for community care services.
10-20          (c)  The department shall conduct an initial assessment of an
10-21    elderly or disabled applicant for community care services to
10-22    determine the degree and type of services needed by the applicant.
10-23    Based on the assessment, the department shall design a plan of care
10-24    for the applicant.  The plan of care shall be adjusted promptly as
10-25    necessary based on any change in the applicant's physical condition
10-26    or need for services, whether identified by the department during a
10-27    periodic reassessment of the applicant's condition or at any other
 11-1    time.
 11-2          (d)  If community care services are not readily available for
 11-3    an elderly or disabled applicant because of a high demand for
 11-4    services, the department shall maintain a waiting list prioritized
 11-5    by the level and degree of need of each applicant who is eligible
 11-6    for the services.  In placing an applicant on the waiting list, the
 11-7    department shall assign to the applicant a priority level based on:
 11-8                (1)  the assessment of the applicant's need for
 11-9    services conducted under Subsection (c); and
11-10                (2)  the degree of risk that the applicant will require
11-11    placement in a nursing facility if community care services are not
11-12    provided.
11-13          SECTION 13.  The chapter heading to Chapter 51, Human
11-14    Resources Code, is amended to read as follows:
11-15              CHAPTER 51.  FAMILY VIOLENCE CENTERS [SHELTERS]
11-16          SECTION 14.  Section 51.002, Human Resources Code, is amended
11-17    to read as follows:
11-18          Sec. 51.002.  DEFINITIONS.  In this chapter:
11-19                (1)  "Family violence center" includes a family
11-20    violence shelter center and a family violence nonresidential
11-21    center.
11-22                (2)  "Family violence nonresidential center" means a
11-23    program that:
11-24                      (A)  is operated by a public or private nonprofit
11-25    organization; and
11-26                      (B)  provides services to victims of family
11-27    violence that do not include providing residential shelter to those
 12-1    victims.
 12-2                (3)  "Family violence shelter center" means a program
 12-3    that is operated by a public or private nonprofit organization and
 12-4    that provides shelter and services to victims of family violence.
 12-5                (4) [(2)]  "Victim of family violence" means:
 12-6                      (A)  an adult who is subjected to physical force
 12-7    or the threat of physical force by another who is related by
 12-8    affinity or consanguinity, as determined under Chapter 573,
 12-9    Government Code, to that adult, who is a former spouse of that
12-10    adult, or who resides in the same household with that adult; or
12-11                      (B)  an individual, other than an individual
12-12    using physical force or the threat of physical force, who resides
12-13    in the same household with a victim of family violence as defined
12-14    in Paragraph (A) of this subdivision.
12-15          SECTION 15.  Section 51.003, Human Resources Code, is amended
12-16    to read as follows:
12-17          Sec. 51.003.  CONTRACTS.  (a)  The Texas Department of Human
12-18    Services shall contract for services with family violence [shelter]
12-19    centers with consideration given to geographic distribution and
12-20    need.  These contracts are to expand existing family violence
12-21    [shelter] center services and may not result in reducing financial
12-22    support a family violence [shelter] center receives from another
12-23    source.  The contracts shall not provide for more than 75 percent
12-24    of the cost of the family violence [shelter] center program.  The
12-25    department shall develop a declining scale of state financial
12-26    support for family violence [shelter] centers, declining over a
12-27    six-year period from the initiation of each individual contract,
 13-1    with no more than 50 percent of a family violence [shelter] center
 13-2    program's funding to be provided by the state after the sixth year.
 13-3    The balance each year shall be provided from other sources.  The
 13-4    department may adopt rules which will allow exceptions to the above
 13-5    scale in individual instances when a family violence [shelter]
 13-6    center shall demonstrate that exigent circumstances require such a
 13-7    waiver.
 13-8          (b)  The department shall contract statewide for activities
 13-9    that support and advance the work of family violence [shelter]
13-10    centers.  Activities contracted for under this subsection [A
13-11    contract] must include [require] the provision of technical
13-12    assistance and training for family violence [shelter] centers.  The
13-13    department may [The] contract for [may require] the provision of
13-14    public education, consultation to the department, research,
13-15    evaluation, and liaison and training for other professionals who
13-16    work with victims of family violence, including professionals in
13-17    the criminal justice, medical, and social services fields, and for
13-18    community or civic groups.
13-19          (c)  The department shall award a contract made under
13-20    Subsection (b) through a competitive bidding process.
13-21          SECTION 16.  Section 51.004, Human Resources Code, is amended
13-22    to read as follows:
13-23          Sec. 51.004.  CONTRACT BIDS.  (a)  To be eligible for a
13-24    contract under Section 51.003(a) [of this code], a family violence
13-25    shelter center [public or private nonprofit organization] must:
13-26                (1)  provide [operate a family violence shelter center
13-27    that provides] temporary lodging and social services for adults and
 14-1    their children who have left or have been removed from the family
 14-2    home because of family violence;
 14-3                (2)  [.  The family violence shelter center must] have
 14-4    been in actual operation offering shelter services 24 hours a day
 14-5    with a capacity for not less than five persons for at least nine
 14-6    months before the date on which [that] the contract is awarded; and
 14-7                (3)  submit a [.  The] contract application [must be
 14-8    submitted] on forms prescribed by the department.
 14-9          (b)  To be eligible for a contract under Section 51.003(a), a
14-10    family violence nonresidential center must:
14-11                (1)  provide, as its primary purpose, services to
14-12    victims of family violence that include:
14-13                      (A)  safety planning;
14-14                      (B)  counseling services;
14-15                      (C)  information regarding legal options and
14-16    availability of legal services; and
14-17                      (D)  assistance and support in accessing
14-18    services;
14-19                (2)  demonstrate a system of referring victims of
14-20    family violence to at least one family violence shelter center;
14-21                (3)  have been providing services to victims of family
14-22    violence for at least two years before the date on which the
14-23    contract is awarded; and
14-24                (4)  submit a contract application on forms prescribed
14-25    by the department.
14-26          (c)  The department shall consider the following factors in
14-27    awarding [the] contracts under Section 51.003(a):
 15-1                (1)  the family violence [shelter] center's eligibility
 15-2    for and use of funds from the federal government, philanthropic
 15-3    organizations, and voluntary sources;
 15-4                (2)  community support for the family violence
 15-5    [shelter] center, as evidenced by financial contributions from
 15-6    civic organizations,  local governments, and individuals;
 15-7                (3)  evidence that the family violence [shelter] center
 15-8    provides services that encourage rehabilitation and effectively
 15-9    utilizes community resources;
15-10                (4)  the endorsement and involvement of local law
15-11    enforcement officials; and
15-12                (5)  support for the family violence [shelter] center
15-13    through volunteer work, especially volunteer effort by persons who
15-14    have been victims of family violence.
15-15          (d) [(c)] The department shall use a noncompetitive
15-16    procurement procedure if the department determines that there is no
15-17    competition between eligible family violence shelter centers for a
15-18    service area.  If the department determines that there is
15-19    competition between eligible family violence shelter centers for a
15-20    service area, the department shall award a contract through a
15-21    competitive procurement procedure based on the factors in
15-22    Subsection (b) of this section.
15-23          (e)  If a family violence nonresidential center provides
15-24    services that would not be otherwise available in the service area,
15-25    the department shall include the family violence nonresidential
15-26    center in the noncompetitive procurement procedure under Subsection
15-27    (d).
 16-1          SECTION 17.  Section 51.005, Human Resources Code, is amended
 16-2    to read as follows:
 16-3          Sec. 51.005.  CONTRACT SPECIFICATIONS.  (a)  The department
 16-4    shall contract only with family violence [shelter] centers that
 16-5    fulfill the requirements of this chapter.
 16-6          (b)  The contracts shall require the persons operating a
 16-7    family violence [shelter] center to:
 16-8                (1)  make a quarterly and an annual financial report on
 16-9    a form prescribed by the department;
16-10                (2)  cooperate with inspections the department makes to
16-11    ensure services standards and fiscal responsibility; and
16-12                (3)  provide as a minimum access to the following:
16-13                      (A)  24-hour-a-day shelter;
16-14                      (B)  a crisis call hotline available 24 hours a
16-15    day;
16-16                      (C)  emergency medical care;
16-17                      (D)  counseling services;
16-18                      (E)  emergency transportation;
16-19                      (F)  legal assistance in the civil and criminal
16-20    justice systems;
16-21                      (G)  educational arrangements for children;
16-22                      (H)  information about training for and seeking
16-23    employment;
16-24                      (I)  cooperation with criminal justice officials;
16-25                      (J)  community education;
16-26                      (K)  a referral system to existing community
16-27    services; and
 17-1                      (L)  a volunteer recruitment and training
 17-2    program.
 17-3          (c)  The contracts may require the persons operating a family
 17-4    violence [shelter] center to use intake and case study forms.
 17-5    Forms required shall be developed by the department with
 17-6    consultation as outlined in Section 51.008 of this subtitle.
 17-7          SECTION 18.  Section 51.006, Human Resources Code, is amended
 17-8    to read as follows:
 17-9          Sec. 51.006.  REPORT.  Not later than November 1 of each
17-10    even-numbered year, the department shall publish a report that
17-11    summarizes reports from family violence [shelter] centers under
17-12    contract with the department and that analyzes the effectiveness of
17-13    the contracts authorized by this chapter.  The reports must include
17-14    information on the expenditure of funds authorized under this
17-15    chapter, the services provided, the number of persons for whom a
17-16    service was provided, and any other information relating to the
17-17    provision of family violence services.  The report may be combined
17-18    with the report required by Section 21.011.  Copies of the report
17-19    shall be submitted to the governor, the lieutenant governor, the
17-20    speaker of the house of representatives, the Legislative Budget
17-21    Board, and the standing committees of the senate and house of
17-22    representatives having primary jurisdiction over the department.
17-23          SECTION 19.  Section 51.007, Human Resources Code, is amended
17-24    to read as follows:
17-25          Sec. 51.007.  CONFIDENTIALITY.  The department may not
17-26    disclose any information gained through reports, collected case
17-27    data, or inspections that would identify a particular center or a
 18-1    person working at or receiving services at a family violence
 18-2    [shelter] center.
 18-3          SECTION 20.  Chapter 51, Human Resources Code, is amended by
 18-4    adding Section 51.012 to read as follows:
 18-5          Sec. 51.012.  COORDINATION OF SERVICES.  The department shall
 18-6    coordinate the services provided under this chapter with other
 18-7    services for victims of family violence provided by the Department
 18-8    of Protective and Regulatory Services.
 18-9          SECTION 21.  Section 242.309, Health and Safety Code, as
18-10    added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
18-11    Regular Session, 1997 (effective until federal determination of
18-12    failure to comply with federal regulations), is amended to read as
18-13    follows:
18-14          Sec. 242.309.  PROVISIONAL LICENSE.  (a)  The board may issue
18-15    [On application, the department shall grant] a provisional license
18-16    to an applicant currently licensed in another jurisdiction who
18-17    seeks a license in this state and who [under this subchapter.  An
18-18    applicant for a provisional license under this section must]:
18-19                (1)  has been [be] licensed in good standing as a
18-20    nursing facility administrator for at least two years in another
18-21    jurisdiction, including a foreign country, [in another state, the
18-22    District of Columbia, or a territory of the United States] that has
18-23    licensing requirements that are substantially equivalent to the
18-24    requirements of this subchapter;
18-25                (2)  has [have] passed a national or other examination
18-26    recognized by the board relating to the practice of nursing
18-27    facility administration; and
 19-1                (3)  is [be] sponsored by a person licensed by the
 19-2    board under this subchapter with whom the provisional license
 19-3    holder will [may] practice during the time the person holds a
 19-4    provisional license [under this section].
 19-5          (b)  The board may waive [An applicant for a provisional
 19-6    license may be excused from] the requirement of Subsection (a)(3)
 19-7    for an applicant if the board [department] determines that
 19-8    compliance with that subsection would be [constitutes] a hardship
 19-9    to the applicant.
19-10          (c)  A provisional license is valid until the date the board
19-11    [department] approves or denies the provisional license holder's
19-12    application for a license.  The board [department] shall issue a
19-13    license under this subchapter to the provisional license holder [of
19-14    a provisional license under this section] if:
19-15                (1)  the provisional license holder is eligible to be
19-16    licensed under [passes the examination required by] Section 242.306
19-17    [242.306(c)]; or
19-18                (2)  the provisional license holder passes the part of
19-19    the examination under Section 242.307 that relates to the
19-20    applicant's knowledge and understanding of the laws and rules
19-21    relating to the practice of nursing facility administration in this
19-22    state and:
19-23                      (A)  the board [department] verifies that the
19-24    provisional license holder meets [has] the academic and experience
19-25    requirements for a license under this subchapter; and
19-26                      (B) [(3)]  the provisional license holder
19-27    satisfies all other license requirements under this subchapter.
 20-1          (d)  The board must approve or deny [department shall
 20-2    complete the processing of] a provisional license holder's
 20-3    application for a license not later than the 180th day after the
 20-4    date the provisional license is issued.  The board [department] may
 20-5    extend the 180-day period if the results of an examination have not
 20-6    been received by the board before the end of that period [this time
 20-7    in order to receive the results of a national examination or other
 20-8    examination administered or graded by an outside organization
 20-9    recognized by the department].
20-10          (e)  The board may establish a fee for provisional licenses
20-11    in an amount reasonable and necessary to cover the cost of issuing
20-12    the license.
20-13          SECTION 22.  Section 242.310, Health and Safety Code, as
20-14    added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
20-15    Regular Session, 1997 (effective until federal determination of
20-16    failure to comply with federal regulations), is amended to read as
20-17    follows:
20-18          Sec. 242.310.  LICENSE RENEWAL.  (a)  A person who is
20-19    otherwise eligible to renew a license may renew an unexpired
20-20    license by paying [to the department before the expiration of the
20-21    license] the required renewal fee to the department before the
20-22    expiration date of the license.  A person whose license has expired
20-23    may not engage in activities that require a license until the
20-24    license has been renewed.
20-25          (b)  A person whose [If a person's] license has been expired
20-26    for 90 days or less[, the person] may renew the license by paying
20-27    to the department a [the required] renewal fee [and a fee] that is
 21-1    equal to 1-1/2 times the normally required renewal fee [one-half of
 21-2    the examination fee for the license].
 21-3          (c)  A person whose [If a person's] license has been expired
 21-4    for more [longer] than 90 days but less than one year[, the person]
 21-5    may renew the license by paying to the department a renewal fee
 21-6    that is equal to two times the normally required renewal fee [all
 21-7    unpaid renewal fees and a fee that is equal to the examination fee
 21-8    for the license].
 21-9          (d)  A person whose [If a person's] license has been expired
21-10    for one year or more [longer, the person] may not renew the
21-11    license.  The person may obtain a new license by complying with the
21-12    requirements and procedures, including the examination
21-13    requirements, for obtaining an original license.
21-14          (e)  A [However, the department may renew without
21-15    reexamination an expired license of a] person who was licensed in
21-16    this state, moved to another state, and is currently licensed and
21-17    has been in practice in the other state for the two years preceding
21-18    the date of application may obtain a new license without
21-19    reexamination.  The [Such] person must pay to the department a fee
21-20    that is equal to two times the normally required renewal [the
21-21    examination] fee for the license.
21-22          (f)  Not later than the 31st day [(e) At least 30 days]
21-23    before the date [expiration of] a person's license is scheduled to
21-24    expire, the department shall send written notice of the impending
21-25    [license] expiration to the person at the person's [license
21-26    holder's] last known address according to the records of the
21-27    department.
 22-1          SECTION 23.  Section 242.314, Health and Safety Code, as
 22-2    added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
 22-3    Regular Session, 1997 (effective upon federal determination of
 22-4    failure to comply with federal regulations), is amended to read as
 22-5    follows:
 22-6          Sec. 242.314.  PROVISIONAL LICENSE.  (a)  The board may issue
 22-7    [On application, the board shall grant] a provisional license to an
 22-8    applicant currently licensed in another jurisdiction who seeks a
 22-9    license in this state and who [under this subchapter.  An applicant
22-10    for a provisional license under this section must]:
22-11                (1)  has been [be] licensed in good standing as a
22-12    nursing facility administrator for at least two years in another
22-13    jurisdiction, including a foreign country, [in another state, the
22-14    District of Columbia, or a territory of the United States] that has
22-15    licensing requirements that are substantially equivalent to the
22-16    requirements of this subchapter;
22-17                (2)  has [have] passed a national or other examination
22-18    recognized by the board relating to the practice of nursing
22-19    facility administration; and
22-20                (3)  is [be] sponsored by a person licensed by the
22-21    board under this subchapter with whom the provisional license
22-22    holder will [may] practice during the time the person holds a
22-23    provisional license [under this section].
22-24          (b)  The board may waive [An applicant for a provisional
22-25    license may be excused from] the requirement of Subsection (a)(3)
22-26    for an applicant if the board determines that compliance with that
22-27    subsection would be [constitutes] a hardship to the applicant.
 23-1          (c)  A provisional license is valid until the date the board
 23-2    approves or denies the provisional license holder's application for
 23-3    a license.  The board shall issue a license under this subchapter
 23-4    to the provisional license holder [of a provisional license under
 23-5    this section] if:
 23-6                (1)  the provisional license holder is eligible to be
 23-7    licensed under [passes the examination required by] Section 242.306
 23-8    [242.311(c)]; or
 23-9                (2)  the provisional license holder passes the part of
23-10    the examination under Section 242.307 that relates to the
23-11    applicant's knowledge and understanding of the laws and rules
23-12    relating to the practice of nursing facility administration in this
23-13    state and:
23-14                      (A)  the board verifies that the provisional
23-15    license holder meets [has] the academic and experience requirements
23-16    for a license under this subchapter; and
23-17                      (B) [(3)]  the provisional license holder
23-18    satisfies any other license requirements under this subchapter.
23-19          (d)  The board must approve or deny [shall complete the
23-20    processing of] a provisional license holder's application for a
23-21    license not later than the 180th day after the date the provisional
23-22    license is issued.  The board may extend the 180-day period if the
23-23    results of an examination have not been received by the board
23-24    before the end of that period [this time in order to receive the
23-25    results of a national examination or other examination administered
23-26    or graded by an outside organization recognized by the board].
23-27          (e)  The board may establish a fee for provisional licenses
 24-1    in an amount reasonable and necessary to cover the cost of issuing
 24-2    the license.
 24-3          SECTION 24.  Section 242.315, Health and Safety Code, as
 24-4    added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
 24-5    Regular Session, 1997 (effective upon federal determination of
 24-6    failure to comply with federal regulations), is amended to read as
 24-7    follows:
 24-8          Sec. 242.315.  LICENSE RENEWAL.  (a)  A person who is
 24-9    otherwise eligible to renew a license may renew an unexpired
24-10    license by paying [to the board before the expiration of the
24-11    license] the required renewal fee to the board before the
24-12    expiration date of the license.  A person whose license has expired
24-13    may not engage in activities that require a license until the
24-14    license has been renewed.
24-15          (b)  A person whose [If a person's] license has been expired
24-16    for 90 days or less[, the person] may renew the license by paying
24-17    to the board a [the required] renewal fee that is equal to 1-1/2
24-18    times the normally required fee [and a fee that is one-half of the
24-19    examination fee for the license].
24-20          (c)  A person whose [If a person's] license has been expired
24-21    for more [longer] than 90 days but less than one year[, the person]
24-22    may renew the license by paying to the board a [all unpaid] renewal
24-23    [fees and a] fee that is equal to two times the normally required
24-24    renewal fee [the examination fee for the license].
24-25          (d)  A person whose [If a person's] license has been expired
24-26    for one year or more [longer, the person] may not renew the
24-27    license.  The person may obtain a new license by complying with the
 25-1    requirements and procedures, including the examination
 25-2    requirements, for obtaining an original license.
 25-3          (e)  A [However, the board may renew without reexamination an
 25-4    expired license of a] person who was licensed in this state, moved
 25-5    to another state, and is currently licensed and has been in
 25-6    practice in the other state for the two years preceding the date of
 25-7    application may obtain a new license without reexamination.  The
 25-8    person must pay to the board a fee that is equal to two times the
 25-9    normally required renewal [the examination] fee for the license.
25-10          (f)  Not later than the 31st day [(e)  At least 30 days]
25-11    before the date a person's license is scheduled to expire
25-12    [expiration of a person's license], the board shall send written
25-13    notice of the impending [license] expiration to the person at the
25-14    person's [license holder's] last known address according to the
25-15    records of the board.
25-16          SECTION 25.  Chapter 242, Health and Safety Code, is amended
25-17    by adding Subchapter Q to read as follows:
25-18      SUBCHAPTER Q.  PUBLIC ACCESS TO QUALITY OF SERVICE INFORMATION
25-19          Sec. 242.901.  COMPILATION OF QUALITY OF SERVICE INFORMATION.
25-20    (a)  The department shall compile and periodically update
25-21    regulatory and service quality information regarding nursing
25-22    facilities licensed under this chapter for review by the public.
25-23    This subsection applies only to regulatory and service quality
25-24    information that is public information subject to public disclosure
25-25    under Chapter 552, Government Code.
25-26          (b)  The department shall compile the compilation required
25-27    under Subsection (a) in a format that is readily accessible to and
 26-1    understandable by a member of the general public.
 26-2          (c)  The compilation required under Subsection (a)  must
 26-3    include information useful to a member of the general public in
 26-4    selecting a nursing facility, including:
 26-5                (1)  complaint information, including the number of
 26-6    complaints received, outcomes of investigations of the complaints,
 26-7    and final sanction information;
 26-8                (2)  staff turnover rates;
 26-9                (3)  staff to resident ratios; and
26-10                (4)  percentages of budgets spent on direct patient
26-11    care.
26-12          Sec. 242.902.  ACCESS TO QUALITY OF SERVICE INFORMATION.  The
26-13    department shall make copies of the information compiled under
26-14    Section 242.901 available to the public on request, and shall also
26-15    provide access to the information through:
26-16                (1)  any toll-free telephone numbers maintained by the
26-17    department; and
26-18                (2)  any Internet sites or other electronic forums
26-19    maintained by the department.
26-20          SECTION 26.  Section 7.021, Education Code, is amended by
26-21    adding Subsection (d) to read as follows:
26-22          (d)  The agency shall administer federal nutrition programs
26-23    as otherwise required by law.
26-24          SECTION 27.  Subchapter B, Chapter 7, Education Code, is
26-25    amended by adding Section 7.025 to read as follows:
26-26          Sec. 7.025.  SUMMER FOOD SERVICE PROGRAM.  (a)  The agency
26-27    shall ensure that children residing in school districts in which 60
 27-1    percent or more of the children are educationally disadvantaged
 27-2    have access to meals provided through the federal Summer Food
 27-3    Service Program.  The commissioner shall designate an agency
 27-4    employee to coordinate activities necessary to comply with this
 27-5    subsection.
 27-6          (b)  Annually the agency shall identify each school district
 27-7    described by Subsection (a).  Not later than November 30 of each
 27-8    year, the agency shall notify each identified district without a
 27-9    program sponsor of the district's responsibility to provide or
27-10    arrange for the provision of a program during the following summer.
27-11          (c)  Not later than January 31 of the following year, each
27-12    notified school district shall respond to the agency and indicate
27-13    the district's intent to operate a program during the following
27-14    summer or request a waiver under Subsection (d).
27-15          (d)  The commissioner may waive the requirement that a school
27-16    district operate a program if:
27-17                (1)  the district demonstrates that:
27-18                      (A)  there are fewer than 100 educationally
27-19    disadvantaged children in the district;
27-20                      (B)  transportation remains an insurmountable
27-21    obstacle despite consultation by the district with public transit
27-22    providers;
27-23                      (C)  the district is unable to operate a program
27-24    due to renovation or construction within the district and an
27-25    appropriate alternative provider or site is not available; or
27-26                      (D)  the district is unable to operate a program
27-27    due to other extenuating circumstances and an appropriate
 28-1    alternative provider or site is not available; and
 28-2                (2)  the district works with the agency to identify
 28-3    other persons and agencies in the district who were contacted as
 28-4    potential providers or sites for the program.
 28-5          (e)  The agency shall publish rules and procedures for
 28-6    obtaining a waiver under Subsection (d).  A waiver is valid for a
 28-7    one-year period.
 28-8          (f)  If a school district has requested a waiver under
 28-9    Subsection (d) and has been unable to provide a list of possible
28-10    sponsors to the agency, the agency shall continue efforts to locate
28-11    an alternative sponsor for the program.
28-12          (g)  School district facilities shall be used for the program
28-13    unless:
28-14                (1)  the district provides documentation, verified by
28-15    the  agency, showing that the cost to the district exceeds the
28-16    funds available for the program; or
28-17                (2)  the agency verifies that the program will operate
28-18    at adequate alternative facilities.
28-19          (h)  Not later than November 1 of each even-numbered year,
28-20    the agency shall provide to the Governor's Office of Budget and
28-21    Planning, the Legislative Budget Board, and the state auditor a
28-22    report that includes:
28-23                (1)  a listing of school districts identified under
28-24    Subsection (b) that have become sponsors of a program;
28-25                (2)  a listing of school districts identified under
28-26    Subsection (b) that failed to satisfy the requirements of this
28-27    section; and
 29-1                (3)  the costs, other than amounts compensated by
 29-2    federal funds, incurred by school districts and the state to comply
 29-3    with this section.
 29-4          (i)  The agency shall notify members of the legislature and
 29-5    the standing committees of the senate and house of representatives
 29-6    having primary jurisdiction over the agency of the filing of the
 29-7    report.
 29-8          SECTION 28.  Section 30.05(b)(3), Penal Code, is amended to
 29-9    read as follows:
29-10                (3)  "Shelter center" has the meaning assigned by
29-11    Section 51.002 [51.002(1)], Human Resources Code.
29-12          SECTION 29.  (a)  On January 1, 2000, or an earlier date
29-13    provided by an interagency agreement between the Texas Department
29-14    of Human Services and the Texas Education Agency:
29-15                (1)  all powers, duties, functions, and activities
29-16    relating to the following programs assigned to or performed by the
29-17    Texas Department of Human Services immediately before January 1,
29-18    2000, are transferred to the Texas Education Agency:
29-19                      (A)  the National School Breakfast Program;
29-20                      (B)  the National School Lunch Program;
29-21                      (C)  the Summer Food Service Program;
29-22                      (D)  the Child and Adult Care Food Program; and
29-23                      (E)  the Special Milk Program;
29-24                (2)  all funds, obligations, and contracts of the Texas
29-25    Department of Human Services related to a program listed in
29-26    Subdivision (1) of this subsection are transferred to the Texas
29-27    Education Agency;
 30-1                (3)  all property and records in the custody of the
 30-2    Texas Department of Human Services related to a program listed in
 30-3    Subdivision (1) of this subsection and all funds appropriated by
 30-4    the legislature for a program listed in Subdivision (1) of this
 30-5    subsection are transferred to the Texas Education Agency; and
 30-6                (4)  all employees of the Texas Department of Human
 30-7    Services who primarily perform duties related to a program listed
 30-8    in Subdivision (1) of this subsection become employees of the Texas
 30-9    Education Agency, to be assigned duties by the commissioner of
30-10    education.
30-11          (b)  A rule or form adopted by the Texas Department of Human
30-12    Services that relates to a program listed in Subsection (a)  of
30-13    this section is a rule or form of the Texas Education Agency and
30-14    remains in effect until altered by the agency.  The secretary of
30-15    state is authorized to adopt rules as necessary to expedite the
30-16    implementation of this subsection.
30-17          (c)  A reference in law to the Texas Department of Human
30-18    Services that relates to a program listed in Subsection (a)  of
30-19    this section means the Texas Education Agency.
30-20          SECTION 30.  Section 32.025(c), Human Resources Code, is
30-21    repealed.
30-22          SECTION 31.  Section 33.024, Human Resources Code, is
30-23    repealed.
30-24          SECTION 32.  (a)  The transfer of powers, duties, functions,
30-25    programs, and activities from the Texas Department of Human
30-26    Services to the Texas Education Agency under Section 29 of this Act
30-27    does not affect or impair any act done, any obligation, right,
 31-1    order, license, permit, rule, criterion, standard, or requirement
 31-2    existing, any investigation begun, or any penalty accrued under
 31-3    former law, and that law remains in effect for any action
 31-4    concerning those matters.
 31-5          (b)  An action brought or proceeding commenced before the
 31-6    effective date of this Act in connection with a power, duty,
 31-7    function, program, or activity transferred under Section 29 of this
 31-8    Act, including a contested case or a remand of an action or
 31-9    proceeding by a reviewing court, is governed by the law and rules
31-10    applicable to the action or proceeding before the effective date of
31-11    this Act.
31-12          SECTION 33.  (a)  The changes in law made by this Act
31-13    relating to the qualifications for a license issued by the Texas
31-14    Department of Human Services apply only to an application for a
31-15    license made on or after the effective date of this Act.
31-16          (b)  An application made for a license issued by the Texas
31-17    Department of Human Services before the effective date of this Act
31-18    is governed by the law in effect on the date the application was
31-19    made, and the former law is continued in effect for that purpose.
31-20          SECTION 34.  (a)  The changes in law made by this Act to the
31-21    qualifications of and the prohibitions applying to members of the
31-22    Texas Board of Human Services do not affect the entitlement of a
31-23    member serving on the board immediately before September 1, 1999,
31-24    to continue to carry out the functions of the board for the
31-25    remainder of the member's term.  The changes in law apply only to a
31-26    member appointed on or after September 1, 1999.  This Act does not
31-27    prohibit a person who is a member of the board on September 1,
 32-1    1999, from being reappointed to the board if the person has the
 32-2    qualifications required for membership under Section 21.003, Human
 32-3    Resources Code, as amended by this Act.
 32-4          (b)  The governor shall, in filling the first two vacancies
 32-5    on the Texas Board of Human Services that occur after the effective
 32-6    date of this Act, ensure that the composition of the board after
 32-7    those vacancies are filled complies with the requirements of
 32-8    Section 21.003(b), Human Resources Code, as amended by this Act.
 32-9          SECTION 35.  (a)  Not later than January 1, 2000, the Texas
32-10    Department of Human Services shall develop and implement the system
32-11    of selective contracting required by Section 22.0071(a), Human
32-12    Resources Code, as added by this Act.
32-13          (b)  Notwithstanding Section 22.0071(a), Human Resources
32-14    Code, as added by this Act:
32-15                (1)  the Texas Department of Human Services may
32-16    continue to use an open enrollment contracting system with
32-17    providers for the delivery of department community care services
32-18    until the system of selective contracting is implemented; and
32-19                (2)  a provider of department community care services
32-20    under a contract executed before the effective date of this Act may
32-21    continue to provide services in accordance with the contract until
32-22    the contract expires or is lawfully terminated.
32-23          (c)  The change in law made by Section 22.0071(b), Human
32-24    Resources Code, as added by this Act, applies only to a contract
32-25    that is entered into or renewed on or after the effective date of
32-26    this Act.  A contract entered into before the effective date of
32-27    this Act is governed by the law in effect at the time the contract
 33-1    was entered into, and that law is continued in effect for that
 33-2    purpose.
 33-3          SECTION 36.  (a)  The change in law made to Section 22.018,
 33-4    Human Resources Code, by this Act relating to a contested case
 33-5    hearing conducted by the State Office of Administrative Hearings on
 33-6    behalf of the Texas Department of Human Services applies only to a
 33-7    hearing that begins on or after January 1, 2000.  Notwithstanding
 33-8    any other provision of this Act, a hearing that begins before that
 33-9    date is governed by the law in effect at the time the hearing
33-10    begins, and that law is continued in effect for that purpose.
33-11          (b)  The commissioner of the Texas Department of Human
33-12    Services and the chief administrative law judge of the State Office
33-13    of Administrative Hearings may agree to transfer contested cases
33-14    pending before the Texas Department of Human Services to the State
33-15    Office of Administrative Hearings before January 1, 2000.
33-16          SECTION 37.  Section 32.0212, Human Resources Code, as added
33-17    by this Act, applies only to a contract that is entered into or
33-18    renewed on or after the effective date of this Act.  A contract
33-19    entered into before the effective date of this Act is governed by
33-20    the law in effect at the time the contract was entered into, and
33-21    that law is continued in effect for that purpose.
33-22          SECTION 38.  If, before implementing any provision of this
33-23    Act, a state agency determines that a waiver or authorization from
33-24    a federal agency is necessary for implementation of that provision,
33-25    the agency affected by the provision shall request the waiver or
33-26    authorization and may delay implementing that provision until the
33-27    waiver or authorization is granted.
 34-1          SECTION 39.  (a)  Except as provided by Subsection (b) of
 34-2    this section, this Act takes effect September 1, 1999.
 34-3          (b)  Sections 27 and 31 of this Act take effect January 1,
 34-4    2000.
 34-5          SECTION 40.  The importance of this legislation and the
 34-6    crowded condition of the calendars in both houses create an
 34-7    emergency and an imperative public necessity that the
 34-8    constitutional rule requiring bills to be read on three several
 34-9    days in each house be suspended, and this rule is hereby suspended.