1-1     By:  Zaffirini                                         S.B. No. 369
 1-2           (In the Senate - Filed March 3, 1999; March 4, 1999, read
 1-3     first time and referred to Committee on Human Services;
 1-4     April 26, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 26, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 369                By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the continuation and functions of the Texas Department
1-11     of Human Services.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 21.002, Human Resources Code, is amended
1-14     to read as follows:
1-15           Sec. 21.002.  SUNSET PROVISION.  The Texas Department of
1-16     Human Services is subject to Chapter 325, Government Code (Texas
1-17     Sunset Act).  Unless continued in existence as provided by that
1-18     chapter, the department is abolished and this title, excluding any
1-19     chapter that relates to a state agency other than the department,
1-20     expires September 1, 2011 [1999, except that Chapter 40 expires as
1-21     provided by Section 40.003].
1-22           SECTION 2.  Subsections (b) and (d), Section 21.003, Human
1-23     Resources Code, are amended to read as follows:
1-24           (b)  The board is composed of six members appointed by the
1-25     governor with the advice and consent of the senate and representing
1-26     all geographic regions of the state.  One member of the board must
1-27     be a licensed physician with expertise in geriatric care and
1-28     another member must be a health care professional who is licensed,
1-29     certified, or regulated by a health care regulatory agency.  To
1-30     qualify for an appointment to the board, a person must have
1-31     demonstrated an interest in and knowledge of human services.
1-32           (d)  The governor shall designate a member of the board as
1-33     the [After the biennial appointment of new members, the board shall
1-34     elect a] presiding officer of the board to serve in that capacity
1-35     at the will of the governor [who shall preside over meetings of the
1-36     board].
1-37           SECTION 3.  Chapter 21, Human Resources Code, is amended by
1-38     adding Section 21.0033 to read as follows:
1-39           Sec. 21.0033.  TRAINING PROGRAM FOR BOARD MEMBERS.  (a)  A
1-40     person who is appointed to and qualifies for office as a member of
1-41     the board may not vote, deliberate, or be counted as a member in
1-42     attendance at a meeting of the board until the person completes a
1-43     training program that complies with this section.
1-44           (b)  The training program must provide the person with
1-45     information regarding:
1-46                 (1)  the legislation that created the department and
1-47     the board;
1-48                 (2)  the programs operated by the department;
1-49                 (3)  the role and functions of the department;
1-50                 (4)  the rules of the department with an emphasis on
1-51     the rules that relate to disciplinary and investigatory authority;
1-52                 (5)  the current budget for the department;
1-53                 (6)  the results of the most recent formal audit of the
1-54     department;
1-55                 (7)  the requirements of:
1-56                       (A)  the open meetings law, Chapter 551,
1-57     Government Code;
1-58                       (B)  the public information law, Chapter 552,
1-59     Government Code;
1-60                       (C)  the administrative procedure law, Chapter
1-61     2001, Government Code; and
1-62                       (D)  other laws relating to public officials,
1-63     including conflict of interest laws; and
1-64                 (8)  any applicable ethics policies adopted by the
 2-1     department or the Texas Ethics Commission.
 2-2           (c)  A person appointed to the board is entitled to
 2-3     reimbursement, as provided by the General Appropriations Act, for
 2-4     travel expenses incurred in attending the training program
 2-5     regardless of whether the attendance at the program occurs before
 2-6     or after the person qualifies for office.
 2-7           SECTION 4.  Chapter 21, Human Resources Code, is amended by
 2-8     adding Section 21.0061 to read as follows:
 2-9           Sec. 21.0061.  REGIONAL PERFORMANCE AGREEMENTS WITH LOCAL
2-10     ADMINISTRATIVE UNITS.  (a)  The commissioner and the administrator
2-11     of each local administrative unit of the department shall enter
2-12     into a regional performance agreement that includes goals,
2-13     objectives, and performance criteria established by the
2-14     commissioner under Subsection (b) for the unit.
2-15           (b)  The commissioner shall establish and biennially update
2-16     goals, objectives, and performance criteria for each local
2-17     administrative unit of the department.  The goals, objectives, and
2-18     performance criteria must:
2-19                 (1)  set clearly defined and measurable objectives
2-20     related to program outcomes and the volume and quality of services
2-21     delivered in the region to encourage accountability for services
2-22     provided; and
2-23                 (2)  encourage creativity and coordination of local
2-24     service delivery.
2-25           (c)  In developing the goals, objectives, and performance
2-26     criteria under Subsection (b), the commissioner shall seek input
2-27     from:
2-28                 (1)  local providers of health and human services,
2-29     including local nursing facilities and personal care homes;
2-30                 (2)  recipients of services under department programs
2-31     administered by the local administrative unit; and
2-32                 (3)  local consumer representatives and advocacy
2-33     groups.
2-34           (d)  The commissioner shall assess the performance of each
2-35     local administrative unit based on the goals, objectives, and
2-36     performance criteria in the regional performance agreement between
2-37     the commissioner and the administrator of that unit.  The
2-38     commissioner shall include the results of each assessment in the
2-39     report on the operation and administration of the department
2-40     required under Section 21.011.
2-41           (e)  The commissioner shall consider the goals, objectives,
2-42     and performance criteria in each regional performance agreement and
2-43     the performance of each local administrative unit based on those
2-44     standards when evaluating and establishing regional funding
2-45     allocations.
2-46           (f)  The department shall inform health and human services
2-47     agencies, as defined by Section 531.001, Government Code, and the
2-48     general public in each region of the contents of the regional
2-49     performance agreement for that region.
2-50           SECTION 5.  Chapter 22, Human Resources Code, is amended by
2-51     adding Section 22.0071 to read as follows:
2-52           Sec. 22.0071.  CONTRACTS FOR COMMUNITY CARE SERVICES.
2-53     (a)  The department shall by rule develop and implement a system to
2-54     limit the number of direct providers of department community care
2-55     services.  In developing the system, the department shall ensure
2-56     that a sufficient number of direct providers are available to:
2-57                 (1)  provide access to services;
2-58                 (2)  ensure choice of providers;
2-59                 (3)  ensure competition among providers; and
2-60                 (4)  meet the demand for services.
2-61           (b)  A contract for the delivery of community care services
2-62     under a department program must include:
2-63                 (1)  clearly defined goals and outcomes that can be
2-64     measured to determine whether the client service objectives are
2-65     being achieved;
2-66                 (2)  clearly defined sanctions or penalties, including
2-67     civil monetary penalties under Section 32.0215, if appropriate, for
2-68     noncompliance with contract terms; and
2-69                 (3)  clearly specified accounting, reporting, and
 3-1     auditing requirements applicable to money received under the
 3-2     contract.
 3-3           (c)  The department shall monitor a community care provider's
 3-4     performance under a contract for the delivery of community care
 3-5     services.  In monitoring performance, the department shall:
 3-6                 (1)  use a risk-assessment methodology throughout the
 3-7     state to ensure compliance with financial and performance
 3-8     requirements under the contract; and
 3-9                 (2)  obtain and evaluate service cost information to
3-10     ensure that all costs, including administrative costs, are
3-11     reasonable and necessary to achieve client service objectives.
3-12           SECTION 6.  Section 22.018, Human Resources Code, is amended
3-13     to read as follows:
3-14           Sec. 22.018.  COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
3-15     HEARINGS [DIVISION].  (a)  The department and the chief
3-16     administrative law judge of the State Office of Administrative
3-17     Hearings shall adopt a memorandum of understanding under which the
3-18     State Office of Administrative Hearings, on behalf of the
3-19     department, conducts all contested case hearings authorized or
3-20     required by law to be conducted by the department under the
3-21     administrative procedure law, [shall establish and maintain a
3-22     hearings division that is separate from the legal division to
3-23     administer each hearing held under] Chapter 2001, Government Code.
3-24           (b)  The memorandum of understanding shall require the chief
3-25     administrative law judge, the department, and the commissioner to
3-26     cooperate in connection with a contested case hearing and may
3-27     authorize the State Office of Administrative Hearings to perform
3-28     any administrative act, including giving of notice, that is
3-29     required to be performed by the department or commissioner [Neither
3-30     the department nor the department's legal division may directly or
3-31     indirectly influence a decision or the decision-making process of
3-32     the hearings division].
3-33           (c)  The memorandum of understanding shall address whether
3-34     the administrative law judge who conducts a contested case hearing
3-35     for the State Office of Administrative Hearings on behalf of the
3-36     department shall:
3-37                 (1)  enter the final decision in the case after
3-38     completion of the hearing; or
3-39                 (2)  propose a decision to the department or the
3-40     commissioner for final consideration.
3-41           (d)  The department by interagency contract shall reimburse
3-42     the State Office of Administrative Hearings for the costs incurred
3-43     in conducting contested case hearings for the department.  The
3-44     department may pay an hourly fee for the costs of conducting those
3-45     hearings or a fixed annual fee negotiated biennially by the
3-46     department and the State Office of Administrative Hearings to
3-47     coincide with the department's legislative appropriations request.
3-48           (e)  A reference in law to the hearings division of the
3-49     department is considered to be a reference to the State Office of
3-50     Administrative Hearings when used in relation to a contested case
3-51     hearing under the administrative procedure law, Chapter 2001,
3-52     Government Code.
3-53           SECTION 7.  Section 31.0032, Human Resources Code, is amended
3-54     by adding Subsection (d) to read as follows:
3-55           (d)  The department shall give the highest priority to the
3-56     administrative processing of sanctions or penalties applied under
3-57     this section so that the department's records of the affected
3-58     person promptly reflect application of the sanctions or penalties.
3-59           SECTION 8.  The section heading to Section 31.0095, Human
3-60     Resources Code, is amended to read as follows:
3-61           Sec. 31.0095.  EMPLOYABILITY NEEDS ASSESSMENT.
3-62           SECTION 9.  The section heading to Section 31.010, Human
3-63     Resources Code, is amended to read as follows:
3-64           Sec. 31.010.  SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
3-65     RECIPIENT.
3-66           SECTION 10.  Subchapter A, Chapter 31, Human Resources Code,
3-67     is amended by adding Section 31.011 to read as follows:
3-68           Sec. 31.011.  PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
3-69     SUPPORT SERVICES.  (a)  The department shall assist a recipient of
 4-1     financial assistance in assessing the needs, other than
 4-2     employability needs assessed under Section 31.0095, of the
 4-3     recipient and the recipient's family that, if addressed, would help
 4-4     the recipient and the recipient's family to attain and retain the
 4-5     capability of independence and self-care.
 4-6           (b)  Based on the needs assessment under this section, the
 4-7     department shall refer the recipient and the recipient's family to
 4-8     appropriate preventive and support services provided by the
 4-9     department or any other public or private entity.  Preventive and
4-10     support services to which the department may refer a recipient and
4-11     a recipient's family under this section include:
4-12                 (1)  substance abuse treatment programs;
4-13                 (2)  domestic violence services;
4-14                 (3)  child abuse awareness and prevention services;
4-15                 (4)  health care and nutrition programs;
4-16                 (5)  parenting skills training;
4-17                 (6)  life skills training;
4-18                 (7)  criminal and juvenile justice intervention
4-19     programs;
4-20                 (8)  at-risk children and youth programs;
4-21                 (9)  child support enforcement services; and
4-22                 (10)  any other program or service determined by the
4-23     department to be appropriate.
4-24           SECTION 11.  Subchapter A, Chapter 31, Human Resources Code,
4-25     is amended by adding Section 31.0127 to read as follows:
4-26           Sec. 31.0127.  COORDINATION OF SERVICES TO TANF CLIENTS.
4-27     (a)  In order to ensure efficient delivery of appropriate programs
4-28     and services, the Health and Human Services Commission is the state
4-29     agency designated to coordinate between the department and any
4-30     other state agency which provides programs or services to a
4-31     Temporary Assistance for Needy Families client who is receiving a
4-32     cash grant and who has been referred by the department to another
4-33     state agency.
4-34           (b)  Any state agency providing programs or services to
4-35     Temporary Assistance for Needy Families clients who are receiving a
4-36     cash grant and who have been referred by the department is required
4-37     to comply with Chapter 531, Government Code, with regard to those
4-38     programs and services.
4-39           (c)  If implementation of this section with regard to any
4-40     program or service conflicts with federal law, the state agency is
4-41     not required to comply with this section with regard to that
4-42     program or service.
4-43           SECTION 12.  Subchapter B, Chapter 32, Human Resources Code,
4-44     is amended by adding Section 32.0212 to read as follows:
4-45           Sec. 32.0212.  CONTRACTS FOR NURSING FACILITY CARE; QUALITY
4-46     ASSESSMENT.  (a)  The department by rule shall develop minimum
4-47     performance standards for a nursing facility that contracts with
4-48     the department for the delivery of medical assistance.  In
4-49     developing the minimum performance standards, the department shall
4-50     use all appropriate performance data collected by the department or
4-51     another agency.
4-52           (b)  A contract with the department for the delivery of
4-53     medical assistance by a nursing facility must include the
4-54     performance standards developed under Subsection (a).
4-55           (c)  The department by rule shall develop and implement a
4-56     quality assessment process to evaluate the performance of a nursing
4-57     facility that contracts with the department for the delivery of
4-58     medical assistance.  In developing the process, the department
4-59     shall use all appropriate performance data collected by the
4-60     department or any other agency, including:
4-61                 (1)  regulatory information collected through on-site
4-62     visits to a nursing facility;
4-63                 (2)  data relating to assessments made by a nursing
4-64     facility regarding the condition of a person receiving care in the
4-65     facility; and
4-66                 (3)  any other performance data determined by the
4-67     department to be useful.
4-68           (d)  The department shall promptly address a nursing
4-69     facility's failure to meet minimum performance standards by, if
 5-1     necessary, imposing penalties and sanctions, including termination
 5-2     of the facility's contract, as authorized under the contract or as
 5-3     provided by law.
 5-4           SECTION 13.  Subchapter B, Chapter 32, Human Resources Code,
 5-5     is amended by adding Section 32.0251 to read as follows:
 5-6           Sec. 32.0251.  COMMUNITY CARE SERVICES FOR THE ELDERLY AND
 5-7     DISABLED.  (a)  The department shall inform an applicant for
 5-8     medical assistance seeking nursing facility care of any community
 5-9     care services that may be available to the applicant as an
5-10     alternative to nursing facility care.
5-11           (b)  The department by rule shall develop and implement a
5-12     process of presumptive eligibility determination for appropriate
5-13     elderly or disabled applicants for community care services.
5-14           (c)  The department shall design a plan of care for an
5-15     applicant for community care services based on the needs of the
5-16     applicant identified by the department.  The plan of care shall be
5-17     adjusted promptly as necessary based on any change in the
5-18     applicant's physical condition or need for services, whether
5-19     identified by the department during a periodic reassessment of the
5-20     applicant's condition or at any other time.
5-21           (d)  If community care services are not readily available for
5-22     an elderly or disabled applicant because of a high demand for
5-23     services, the department shall maintain a waiting list for the
5-24     services.  The department shall collect from each applicant who is
5-25     placed on the waiting list appropriate information to facilitate
5-26     contacting the applicant when the services become available and to
5-27     allow efficient enrollment of the applicant in those services.
5-28           SECTION 14.  The chapter heading to Chapter 51, Human
5-29     Resources Code, is amended to read as follows:
5-30               CHAPTER 51.  FAMILY VIOLENCE CENTERS [SHELTERS]
5-31           SECTION 15.  Section 51.002, Human Resources Code, is amended
5-32     to read as follows:
5-33           Sec. 51.002.  DEFINITIONS.  In this chapter:
5-34                 (1)  "Family violence center" includes a family
5-35     violence shelter center and a family violence nonresidential
5-36     center.
5-37                 (2)  "Family violence nonresidential center" means a
5-38     program that:
5-39                       (A)  is operated by a public or private nonprofit
5-40     organization; and
5-41                       (B)  provides comprehensive services to victims
5-42     of family violence that do not include providing residential
5-43     shelter to those victims.
5-44                 (3)  "Family violence shelter center" means a program
5-45     that is operated by a public or private nonprofit organization and
5-46     that provides residential and nonresidential [shelter and] services
5-47     to victims of family violence.
5-48                 (4)  "Family violence" has the meaning assigned by
5-49     Chapter 71, Family Code [(2)  "Victim of family violence" means:]
5-50                       [(A)  an adult who is subjected to physical force
5-51     or the threat of physical force by another who is related by
5-52     affinity or consanguinity, as determined under Chapter 573,
5-53     Government Code, to that adult, who is a former spouse of that
5-54     adult, or who resides in the same household with that adult; or]
5-55                       [(B)  an individual, other than an individual
5-56     using physical force or the threat of physical force, who resides
5-57     in the same household with a victim of family violence as defined
5-58     in Paragraph (A) of this subdivision].
5-59           SECTION 16.  Section 51.003, Human Resources Code, is amended
5-60     to read as follows:
5-61           Sec. 51.003.  CONTRACTS.  (a)  The Texas Department of Human
5-62     Services shall contract for services with family violence [shelter]
5-63     centers with consideration given to geographic distribution and
5-64     need.  These contracts are to expand existing family violence
5-65     [shelter] center services and may not result in reducing financial
5-66     support a family violence [shelter] center receives from another
5-67     source.  The contracts shall not provide for more than 75 percent
5-68     of the cost of the family violence [shelter] center program.  The
5-69     department shall develop a declining scale of state financial
 6-1     support for family violence [shelter] centers, declining over a
 6-2     six-year period from the initiation of each individual contract,
 6-3     with no more than 50 percent of a family violence [shelter] center
 6-4     program's funding to be provided by the state after the sixth year.
 6-5     The balance each year shall be provided from other sources.  The
 6-6     department may adopt rules which will allow exceptions to the above
 6-7     scale in individual instances when a family violence [shelter]
 6-8     center shall demonstrate that exigent circumstances require such a
 6-9     waiver.
6-10           (b)  The department shall contract statewide for activities
6-11     that support and advance the work of family violence [shelter]
6-12     centers.  Activities contracted for under this subsection [A
6-13     contract] must include [require] the provision of technical
6-14     assistance and training for family violence [shelter] centers.  The
6-15     department may contract for [may require] the provision of public
6-16     education, consultation to the department, research, evaluation,
6-17     and liaison and training for other professionals who work with
6-18     victims of family violence, including professionals in the criminal
6-19     justice, medical, and social services fields, and for community or
6-20     civic groups.
6-21           (c)  The department shall award all contracts made under
6-22     Subsection (b) through a competitive bidding process unless that
6-23     process would not be cost-effective.
6-24           SECTION 17.  Section 51.004, Human Resources Code, is amended
6-25     to read as follows:
6-26           Sec. 51.004.  CONTRACT BIDS.  (a)  To be eligible for a
6-27     contract under Section 51.003(a) [of this code], a family violence
6-28     shelter center [public or private nonprofit organization] must:
6-29                 (1)  provide [operate a family violence shelter center
6-30     that provides] temporary lodging and social services for adults and
6-31     their children who have left or have been removed from the family
6-32     home because of family violence;
6-33                 (2)  [.  The family violence shelter center must] have
6-34     been in actual operation offering shelter services 24 hours a day
6-35     with a capacity for not less than five persons for at least nine
6-36     months before the date on which [that] the contract is awarded; and
6-37                 (3)  submit a[.  The] contract application [must be
6-38     submitted] on forms prescribed by the department.
6-39           (b)  To be eligible for a contract under Section 51.003(a), a
6-40     family violence nonresidential center must:
6-41                 (1)  provide, as its primary purpose, direct delivery
6-42     of services to victims of family violence that, at a minimum,
6-43     include:
6-44                       (A)  safety planning;
6-45                       (B)  counseling services;
6-46                       (C)  information regarding legal options and
6-47     availability of legal services; and
6-48                       (D)  assistance and support in accessing legal
6-49     services, including accompanying victims in appropriate
6-50     circumstances;
6-51                 (2)  demonstrate a system of referring victims of
6-52     family violence to at least one family violence shelter center;
6-53                 (3)  have been providing comprehensive services,
6-54     including the services described by Subdivision (1), to victims of
6-55     family violence for at least two years before the date on which the
6-56     contract is awarded;
6-57                 (4)  demonstrate that the center, through the services
6-58     it provides, is addressing an otherwise unmet need in the
6-59     community; and
6-60                 (5)  submit a contract application on forms prescribed
6-61     by the department.
6-62           (c)  The department shall consider the following factors in
6-63     awarding [the] contracts under Section 51.003(a):
6-64                 (1)  the family violence [shelter] center's eligibility
6-65     for and use of funds from the federal government, philanthropic
6-66     organizations, and voluntary sources;
6-67                 (2)  community support for the family violence
6-68     [shelter] center, as evidenced by financial contributions from
6-69     civic organizations, local governments, and individuals;
 7-1                 (3)  evidence that the family violence [shelter] center
 7-2     provides services that encourage rehabilitation and effectively
 7-3     utilizes community resources;
 7-4                 (4)  the endorsement and involvement of local law
 7-5     enforcement officials; and
 7-6                 (5)  support for the family violence [shelter] center
 7-7     through volunteer work, especially volunteer effort by persons who
 7-8     have been victims of family violence.
 7-9           (d) [(c)]  The department shall use a noncompetitive
7-10     procurement procedure if the department determines that there is no
7-11     competition between eligible family violence shelter centers for a
7-12     service area.  If the department determines that there is
7-13     competition between eligible family violence shelter centers for a
7-14     service area, the department shall award a contract through a
7-15     competitive procurement procedure based on the factors in
7-16     Subsection (b) of this section.
7-17           (e)  If the department determines that a family violence
7-18     nonresidential center provides services that would not be otherwise
7-19     available in the service area, the department shall include the
7-20     family violence nonresidential center in the noncompetitive
7-21     procurement procedure under Subsection (d).
7-22           SECTION 18.  Section 51.005, Human Resources Code, is amended
7-23     to read as follows:
7-24           Sec. 51.005.  CONTRACT SPECIFICATIONS.  (a)  The department
7-25     shall contract only with family violence [shelter] centers that
7-26     fulfill the requirements of this chapter.
7-27           (b)  The contracts shall require the persons operating a
7-28     family violence [shelter] center to:
7-29                 (1)  make a quarterly and an annual financial report on
7-30     a form prescribed by the department;
7-31                 (2)  cooperate with inspections the department makes to
7-32     ensure services standards and fiscal responsibility; and
7-33                 (3)  provide as a minimum access to the following:
7-34                       (A)  24-hour-a-day shelter;
7-35                       (B)  a crisis call hotline available 24 hours a
7-36     day;
7-37                       (C)  emergency medical care;
7-38                       (D)  counseling services;
7-39                       (E)  emergency transportation;
7-40                       (F)  legal assistance in the civil and criminal
7-41     justice systems;
7-42                       (G)  educational arrangements for children;
7-43                       (H)  information about training for and seeking
7-44     employment;
7-45                       (I)  cooperation with criminal justice officials;
7-46                       (J)  community education;
7-47                       (K)  a referral system to existing community
7-48     services; and
7-49                       (L)  a volunteer recruitment and training
7-50     program.
7-51           (c)  The contracts may require the persons operating a family
7-52     violence [shelter] center to use intake and case study forms.
7-53     Forms required shall be developed by the department with
7-54     consultation as outlined in Section 51.008 of this subtitle.
7-55           SECTION 19.  Section 51.006, Human Resources Code, is amended
7-56     to read as follows:
7-57           Sec. 51.006.  REPORT.  Not later than November 1 of each
7-58     even-numbered year, the department shall publish a report that
7-59     summarizes reports from family violence [shelter] centers under
7-60     contract with the department and that analyzes the effectiveness of
7-61     the contracts authorized by this chapter.  The reports must include
7-62     information on the expenditure of funds authorized under this
7-63     chapter, the services provided, the number of persons for whom a
7-64     service was provided, and any other information relating to the
7-65     provision of family violence services.  The report may be combined
7-66     with the report required by Section 21.011.  Copies of the report
7-67     shall be submitted to the governor, the lieutenant governor, the
7-68     speaker of the house of representatives, the Legislative Budget
7-69     Board, and the standing committees of the senate and house of
 8-1     representatives having primary jurisdiction over the department.
 8-2           SECTION 20.  Section 51.007, Human Resources Code, is amended
 8-3     to read as follows:
 8-4           Sec. 51.007.  CONFIDENTIALITY.  The department may not
 8-5     disclose any information gained through reports, collected case
 8-6     data, or inspections that would identify a particular center or a
 8-7     person working at or receiving services at a family violence
 8-8     [shelter] center.
 8-9           SECTION 21.  Chapter 51, Human Resources Code, is amended by
8-10     adding Section 51.012 to read as follows:
8-11           Sec. 51.012.  COORDINATION OF SERVICES.  The department and
8-12     the Department of Protective and Regulatory Services shall
8-13     coordinate the provision of violence prevention services for
8-14     children and youth.
8-15           SECTION 22.  Subchapter C, Chapter 242, Health and Safety
8-16     Code, is amended by adding Section 242.0611 to read as follows:
8-17           Sec. 242.0611.  RULE-BASED CRITERIA FOR ENFORCEMENT REMEDIES.
8-18     The department shall develop criteria, published in rules,
8-19     regarding circumstances that trigger the imposition of each of the
8-20     remedies available to the department.
8-21           SECTION 23.  Subchapter C, Chapter 242, Health and Safety
8-22     Code, is amended by adding Section 242.074 to read as follows:
8-23           Sec. 242.074.  USE OF REGULATORY REPORTS AND DOCUMENTS.
8-24     (a)  Except as otherwise provided by this section, a report or
8-25     other document prepared by the department that relates to
8-26     regulation of an institution is not admissible as evidence in a
8-27     civil action to prove that the institution violated a standard
8-28     prescribed under this chapter.
8-29           (b)  Subsection (a) does not:
8-30                 (1)  apply to the admissibility as evidence of
8-31     department reports or other documents in an enforcement action in
8-32     which the state or any agency or political subdivision of the state
8-33     is a party, including:
8-34                       (A)  an action seeking injunctive relief under
8-35     Section 242.063;
8-36                       (B)  an action seeking imposition of a civil
8-37     penalty under Section 242.065; and
8-38                       (C)  a contested case hearing involving denial,
8-39     suspension, or revocation of a license issued under this chapter;
8-40                 (2)  apply to the admissibility as evidence of
8-41     department reports or other documents that are offered:
8-42                       (A)  to establish warning or notice to an
8-43     institution of a relevant department determination; or
8-44                       (B)  under any rule or evidentiary predicate of
8-45     the Texas Rules of Civil Evidence;
8-46                 (3)  prohibit or limit the testimony of a department
8-47     employee, in accordance with the Texas Rules of Civil Evidence, as
8-48     to observations, factual findings, conclusions, or determinations
8-49     that an institution violated a standard prescribed under this
8-50     chapter if the observations, factual findings, conclusions, or
8-51     determinations were made in the discharge of the employee's
8-52     official duties for the department; or
8-53                 (4)  prohibit or limit the use of department reports or
8-54     other documents in depositions or other forms of discovery
8-55     conducted in connection with a civil action if use of the reports
8-56     or other documents appears reasonably calculated to lead to the
8-57     discovery of admissible evidence.
8-58           SECTION 24.  Section 242.309, Health and Safety Code, as
8-59     added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
8-60     Regular Session, 1997 (effective until federal determination of
8-61     failure to comply with federal regulations), is amended to read as
8-62     follows:
8-63           Sec. 242.309.  PROVISIONAL LICENSE.  (a)  The board shall
8-64     issue [On application, the department shall grant] a provisional
8-65     license to an applicant currently licensed in another jurisdiction
8-66     who seeks a license in this state and who [under this subchapter.
8-67     An applicant for a provisional license under this section must]:
8-68                 (1)  has been [be] licensed in good standing as a
8-69     nursing facility administrator for at least two years in another
 9-1     jurisdiction, including a foreign country, [in another state, the
 9-2     District of Columbia, or a territory of the United States] that has
 9-3     licensing requirements that are substantially equivalent to the
 9-4     requirements of this subchapter;
 9-5                 (2)  has [have] passed a national or other examination
 9-6     recognized by the board relating to the practice of nursing
 9-7     facility administration; and
 9-8                 (3)  is [be] sponsored by a person licensed by the
 9-9     board under this subchapter with whom the provisional license
9-10     holder will [may] practice during the time the person holds a
9-11     provisional license [under this section].
9-12           (b)  The board may waive [An applicant for a provisional
9-13     license may be excused from] the requirement of Subsection (a)(3)
9-14     for an applicant if the board [department] determines that
9-15     compliance with that subsection would be [constitutes] a hardship
9-16     to the applicant.
9-17           (c)  A provisional license is valid until the date the board
9-18     [department] approves or denies the provisional license holder's
9-19     application for a license.  The board [department] shall issue a
9-20     license under this subchapter to the provisional license holder [of
9-21     a provisional license under this section] if:
9-22                 (1)  the provisional license holder is eligible to be
9-23     licensed under [passes the examination required by] Section 242.306
9-24     [242.306(c)]; or
9-25                 (2)  the provisional license holder passes the part of
9-26     the examination under Section 242.307 that relates to the
9-27     applicant's knowledge and understanding of the laws and rules
9-28     relating to the practice of nursing facility administration in this
9-29     state and:
9-30                       (A)  the board [department] verifies that the
9-31     provisional license holder meets [has] the academic and experience
9-32     requirements for a license under this subchapter; and
9-33                       (B) [(3)]  the provisional license holder
9-34     satisfies all other license requirements under this subchapter.
9-35           (d)  The board must approve or deny [department shall
9-36     complete the processing of] a provisional license holder's
9-37     application for a license not later than the 180th day after the
9-38     date the provisional license is issued.  The board [department] may
9-39     extend the 180-day period if the results of an examination have not
9-40     been received by the board before the end of that period [this time
9-41     in order to receive the results of a national examination or other
9-42     examination administered or graded by an outside organization
9-43     recognized by the department].
9-44           (e)  The board may establish a fee for provisional licenses
9-45     in an amount reasonable and necessary to cover the cost of issuing
9-46     the license.
9-47           SECTION 25.  Section 242.310, Health and Safety Code, as
9-48     added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
9-49     Regular Session, 1997 (effective until federal determination of
9-50     failure to comply with federal regulations), is amended to read as
9-51     follows:
9-52           Sec. 242.310.  LICENSE RENEWAL.  (a)  A person who is
9-53     otherwise eligible to renew a license may renew an unexpired
9-54     license by paying [to the department before the expiration of the
9-55     license] the required renewal fee to the department before the
9-56     expiration date of the license.  A person whose license has expired
9-57     may not engage in activities that require a license until the
9-58     license has been renewed.
9-59           (b)  A person whose [If a person's] license has been expired
9-60     for 90 days or less[, the person] may renew the license by paying
9-61     to the department a [the required] renewal fee [and a fee] that is
9-62     equal to 1-1/2 times the normally required renewal fee [one-half of
9-63     the examination fee for the license].
9-64           (c)  A person whose [If a person's] license has been expired
9-65     for more [longer] than 90 days but less than one year[, the person]
9-66     may renew the license by paying to the department a renewal fee
9-67     that is equal to two times the normally required renewal fee [all
9-68     unpaid renewal fees and a fee that is equal to the examination fee
9-69     for the license].
 10-1          (d)  A person whose [If a person's] license has been expired
 10-2    for one year or more [longer, the person] may not renew the
 10-3    license.  The person may obtain a new license by complying with the
 10-4    requirements and procedures, including the examination
 10-5    requirements, for obtaining an original license.
 10-6          (e)  A [However, the department may renew without
 10-7    reexamination an expired license of a] person who was licensed in
 10-8    this state, moved to another state, and is currently licensed and
 10-9    has been in practice in the other state for the two years preceding
10-10    the date of application may obtain a new license without
10-11    reexamination.  The [Such] person must pay to the department a fee
10-12    that is equal to two times the normally required renewal [the
10-13    examination] fee for the license.
10-14          (f)  Not later than the 31st day [(e) At least 30 days]
10-15    before the date [expiration of] a person's license is scheduled to
10-16    expire, the department shall send written notice of the impending
10-17    [license] expiration to the person at the person's [license
10-18    holder's] last known address according to the records of the
10-19    department.
10-20          SECTION 26.  Section 242.314, Health and Safety Code, as
10-21    added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
10-22    Regular Session, 1997 (effective upon federal determination of
10-23    failure to comply with federal regulations), is amended to read as
10-24    follows:
10-25          Sec. 242.314.  PROVISIONAL LICENSE.  (a)  The [On
10-26    application, the] board shall issue [grant] a provisional license
10-27    to an applicant currently licensed in another jurisdiction who
10-28    seeks a license in this state and who [under this subchapter.  An
10-29    applicant for a provisional license under this section must]:
10-30                (1)  has been [be] licensed in good standing as a
10-31    nursing facility administrator for at least two years in another
10-32    jurisdiction, including a foreign country, [state, the District of
10-33    Columbia, or a territory of the United States] that has licensing
10-34    requirements that are substantially equivalent to the requirements
10-35    of this subchapter;
10-36                (2)  has [have] passed a national or other examination
10-37    recognized by the board relating to the practice of nursing
10-38    facility administration; and
10-39                (3)  is [be] sponsored by a person licensed by the
10-40    board under this subchapter with whom the provisional license
10-41    holder will [may] practice during the time the person holds a
10-42    provisional license [under this section].
10-43          (b)  The board may waive [An applicant for a provisional
10-44    license may be excused from] the requirement of Subsection (a)(3)
10-45    for an applicant if the board determines that compliance with that
10-46    subsection would be [constitutes] a hardship to the applicant.
10-47          (c)  A provisional license is valid until the date the board
10-48    approves or denies the provisional license holder's application for
10-49    a license.  The board shall issue a license under this subchapter
10-50    to the provisional license holder [of a provisional license under
10-51    this section] if:
10-52                (1)  the provisional license holder is eligible to be
10-53    licensed under [passes the examination required by] Section 242.311
10-54    [242.311(c)]; or
10-55                (2)  the provisional license holder passes the part of
10-56    the examination under Section 242.312 that relates to the
10-57    applicant's knowledge and understanding of the laws and rules
10-58    relating to the practice of nursing facility administration in this
10-59    state and:
10-60                      (A)  the board verifies that the provisional
10-61    license holder meets [has] the academic and experience requirements
10-62    for a license under this subchapter; and
10-63                      (B) [(3)]  the provisional license holder
10-64    satisfies any other license requirements under this subchapter.
10-65          (d)  The board must approve or deny [shall complete the
10-66    processing of] a provisional license holder's application for a
10-67    license not later than the 180th day after the date the provisional
10-68    license is issued.  The board may extend the 180-day period if the
10-69    results of an examination have not been received by the board
 11-1    before the end of that period [this time in order to receive the
 11-2    results of a national examination or other examination administered
 11-3    or graded by an outside organization recognized by the board].
 11-4          (e)  The board may establish a fee for provisional licenses
 11-5    in an amount reasonable and necessary to cover the cost of issuing
 11-6    the license.
 11-7          SECTION 27.  Section 242.315, Health and Safety Code, as
 11-8    added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
 11-9    Regular Session, 1997 (effective upon federal determination of
11-10    failure to comply with federal regulations), is amended to read as
11-11    follows:
11-12          Sec. 242.315.  LICENSE RENEWAL.  (a)  A person who is
11-13    otherwise eligible to renew a license may renew an unexpired
11-14    license by paying [to the board before the expiration of the
11-15    license] the required renewal fee to the board before the
11-16    expiration date of the license.  A person whose license has expired
11-17    may not engage in activities that require a license until the
11-18    license has been renewed.
11-19          (b)  A person whose [If a person's] license has been expired
11-20    for 90 days or less[, the person] may renew the license by paying
11-21    to the board a [the required] renewal fee that is equal to 1-1/2
11-22    times the normally required fee [and a fee that is one-half of the
11-23    examination fee for the license].
11-24          (c)  A person whose [If a person's] license has been expired
11-25    for more [longer] than 90 days but less than one year[, the person]
11-26    may renew the license by paying to the board a [all unpaid] renewal
11-27    [fees and a] fee that is equal to two times the normally required
11-28    renewal fee [the examination fee for the license].
11-29          (d)  A person whose [If a person's] license has been expired
11-30    for one year or more [longer, the person] may not renew the
11-31    license.  The person may obtain a new license by complying with the
11-32    requirements and procedures, including the examination
11-33    requirements, for obtaining an original license.
11-34          (e)  A [However, the board may renew without reexamination an
11-35    expired license of a] person who was licensed in this state, moved
11-36    to another state, and is currently licensed and has been in
11-37    practice in the other state for the two years preceding the date of
11-38    application may obtain a new license without reexamination.  The
11-39    person must pay to the board a fee that is equal to two times the
11-40    normally required renewal [the examination] fee for the license.
11-41          (f)  Not later than the 31st day [(e)  At least 30 days]
11-42    before the date [expiration of] a person's license is scheduled to
11-43    expire, the board shall send written notice of the impending
11-44    [license] expiration to the person at the person's [license
11-45    holder's] last known address according to the records of the board.
11-46          SECTION 28.  Chapter 242, Health and Safety Code, is amended
11-47    by adding Subchapter Q to read as follows:
11-48      SUBCHAPTER Q.  PUBLIC ACCESS TO QUALITY OF SERVICE INFORMATION
11-49          Sec. 242.901.  COMPILATION OF QUALITY OF SERVICE INFORMATION.
11-50    (a)  The department shall compile and periodically update
11-51    regulatory and service quality information regarding nursing
11-52    facilities licensed under this chapter for review by the public.
11-53    The department shall consult with nursing facility residents, their
11-54    families, nursing facility providers, and advocacy groups in
11-55    determining the types of information to compile.  This subsection
11-56    applies only to regulatory and service quality information that is
11-57    public information subject to public disclosure under Chapter 552,
11-58    Government Code.
11-59          (b)  The department shall compile the compilation required
11-60    under Subsection (a) in a format that is readily accessible to and
11-61    understandable by a member of the general public.
11-62          (c)  The compilation required under Subsection (a) must
11-63    include information useful to a member of the general public in
11-64    selecting a nursing facility, including:
11-65                (1)  complaint information, including the number of
11-66    complaints received, outcomes of investigations of the complaints,
11-67    final sanction information, and percentage of complaints that were
11-68    unsubstantiated;
11-69                (2)  violations or deficiencies cited by a validation
 12-1    survey that were dismissed or overturned;
 12-2                (3)  staff turnover rates;
 12-3                (4)  staff to resident ratios;
 12-4                (5)  percentages of budgets spent on direct patient
 12-5    care;
 12-6                (6)  resident outcome improvements; and
 12-7                (7)  amount of volunteer activity and involvement.
 12-8          (d)  The cost incurred by a nursing facility in maintaining
 12-9    and reporting regulatory and service quality information required
12-10    under this section is an allowable cost for reimbursement under the
12-11    state Medicaid program.
12-12          Sec. 242.902.  ACCESS TO QUALITY OF SERVICE INFORMATION.  The
12-13    department shall make copies of the information compiled under
12-14    Section 242.901 available to the public on request and shall also
12-15    provide access to the information through:
12-16                (1)  any toll-free telephone numbers maintained by the
12-17    department; and
12-18                (2)  any Internet sites or other electronic forums
12-19    maintained by the department.
12-20          SECTION 29.  Subdivision (3), Subsection (b), Section 30.05,
12-21    Penal Code, is amended to read as follows:
12-22                (3)  "Shelter center" has the meaning assigned by
12-23    Section 51.002 [51.002(1)], Human Resources Code.
12-24          SECTION 30.  Subsection (c), Section 32.025, Human Resources
12-25    Code, is repealed.
12-26          SECTION 31.  (a)  The changes in law made by this Act
12-27    relating to the qualifications for a license issued by the Texas
12-28    Department of Human Services apply only to an application for a
12-29    license made on or after the effective date of this Act.
12-30          (b)  An application made for a license issued by the Texas
12-31    Department of Human Services before the effective date of this Act
12-32    is governed by the law in effect on the date the application was
12-33    made, and the former law is continued in effect for that purpose.
12-34          SECTION 32.  (a)  The changes in law made by this Act to the
12-35    qualifications of and the prohibitions applying to members of the
12-36    Texas Board of Human Services do not affect the entitlement of a
12-37    member serving on the board immediately before September 1, 1999,
12-38    to continue to carry out the functions of the board for the
12-39    remainder of the member's term.  The changes in law apply only to a
12-40    member appointed on or after September 1, 1999.  This Act does not
12-41    prohibit a person who is a member of the board on September 1,
12-42    1999, from being reappointed to the board if the person has the
12-43    qualifications required for membership under Section 21.003, Human
12-44    Resources Code, as amended by this Act.
12-45          (b)  The governor shall, in filling the first two vacancies
12-46    on the Texas Board of Human Services that occur after the effective
12-47    date of this Act, ensure that the composition of the board after
12-48    those vacancies are filled complies with the requirements of
12-49    Subsection (b), Section 21.003, Human Resources Code, as amended by
12-50    this Act.
12-51          SECTION 33.  (a)  Not later than January 1, 2000, the Texas
12-52    Department of Human Services shall develop and implement the system
12-53    required by Subsection (a), Section 22.0071, Human Resources Code,
12-54    as added by this Act.
12-55          (b)  The change in law made by Subsection (b), Section
12-56    22.0071, Human Resources Code, as added by this Act, applies only
12-57    to a contract that is entered into or renewed on or after the
12-58    effective date of this Act.  A contract entered into before the
12-59    effective date of this Act is governed by the law in effect at the
12-60    time the contract was entered into, and that law is continued in
12-61    effect for that purpose.
12-62          SECTION 34.  (a)  The change in law made to Section 22.018,
12-63    Human Resources Code, by this Act relating to a contested case
12-64    hearing conducted by the State Office of Administrative Hearings on
12-65    behalf of the Texas Department of Human Services applies only to a
12-66    hearing that begins on or after January 1, 2000.  Notwithstanding
12-67    any other provision of this Act, a hearing that begins before that
12-68    date is governed by the law in effect at the time the hearing
12-69    begins, and that law is continued in effect for that purpose.
 13-1          (b)  The Commissioner of Human Services and the chief
 13-2    administrative law judge of the State Office of Administrative
 13-3    Hearings may agree to transfer contested cases pending before the
 13-4    Texas Department of Human Services to the State Office of
 13-5    Administrative Hearings before January 1, 2000.
 13-6          SECTION 35.  Section 32.0212, Human Resources Code, as added
 13-7    by this Act, applies only to a contract that is entered into or
 13-8    renewed on or after the effective date of this Act.  A contract
 13-9    entered into before the effective date of this Act is governed by
13-10    the law in effect at the time the contract was entered into, and
13-11    that law is continued in effect for that purpose.
13-12          SECTION 36.  If, before implementing any provision of this
13-13    Act, a state agency determines that a waiver or authorization from
13-14    a federal agency is necessary for implementation of that provision,
13-15    the agency affected by the provision shall request the waiver or
13-16    authorization and may delay implementing that provision until the
13-17    waiver or authorization is granted.
13-18          SECTION 37.  This Act takes effect September 1, 1999.
13-19          SECTION 38.  The importance of this legislation and the
13-20    crowded condition of the calendars in both houses create an
13-21    emergency and an imperative public necessity that the
13-22    constitutional rule requiring bills to be read on three several
13-23    days in each house be suspended, and this rule is hereby suspended.
13-24                                 * * * * *