By: Brown S.B. No. 372
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Health and Human
1-2 Services Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. GENERAL POWERS AND DUTIES OF HEALTH AND HUMAN
1-5 SERVICES COMMISSION
1-6 SECTION 1.01. Section 531.004, Government Code, is amended
1-7 to read as follows:
1-8 Sec. 531.004. SUNSET PROVISION. The Health and Human
1-9 Services Commission is subject to Chapter 325 (Texas Sunset Act).
1-10 Unless continued in existence as provided by that chapter, the
1-11 commission is abolished and this chapter expires September 1, 2007
1-12 [1999].
1-13 SECTION 1.02. Section 531.009, Government Code, is amended
1-14 to read as follows:
1-15 Sec. 531.009. PERSONNEL. (a) The commissioner shall employ
1-16 a medical director to provide medical expertise to the commissioner
1-17 and the commission and may employ other personnel necessary to
1-18 administer the commission's duties.
1-19 (b) The commissioner or the commissioner's designated
1-20 representative shall develop an intra-agency career ladder program,
1-21 one part of which must require the intra-agency posting of all
1-22 non-entry-level positions concurrently with any public posting.
2-1 (c) The commissioner or the commissioner's designated
2-2 representative shall develop a system of annual performance
2-3 evaluations based on measurable job tasks. All merit pay for
2-4 commission employees must be based on the system established under
2-5 this subsection.
2-6 (d) The commissioner shall provide to commission employees
2-7 as often as is necessary information regarding their qualifications
2-8 under this chapter and their responsibilities under applicable laws
2-9 relating to standards of conduct for state employees.
2-10 (e) The commissioner or the commissioner's designated
2-11 representative shall prepare and maintain a written policy
2-12 statement that implements [to ensure implementation of] a program
2-13 of equal employment opportunity to ensure that [under which] all
2-14 personnel transactions are made without regard to race, color,
2-15 disability, sex, religion, age, or national origin.
2-16 (f) The policy statement described by Subsection (e) must
2-17 include:
2-18 (1) personnel policies, including policies relating to
2-19 recruitment, evaluation, selection, [appointment,] training, and
2-20 promotion of personnel, that show the intent of the commission to
2-21 avoid the unlawful employment practices described by Chapter 21,
2-22 Labor Code; and
2-23 (2) an analysis of the extent to which the composition
2-24 of the commission's personnel is in accordance with state and
2-25 federal law and a description of reasonable methods to achieve
2-26 compliance with state and federal law [a comprehensive analysis of
3-1 the commission workforce that meets federal and state guidelines;]
3-2 [(3) procedures by which a determination can be made
3-3 of significant underuse in the commission workforce of all persons
3-4 for whom federal or state guidelines encourage a more equitable
3-5 balance; and]
3-6 [(4) reasonable methods to appropriately address areas
3-7 of significant underuse in the commission workforce of all persons
3-8 for whom federal or state guidelines encourage a more equitable
3-9 balance].
3-10 (g) The policy statement described by Subsection (e) must:
3-11 (1) be updated annually;
3-12 (2) be reviewed by the state Commission on Human
3-13 Rights for compliance with Subsection (f)(1); and
3-14 (3) be filed with the governor's office.
3-15 SECTION 1.03. Section 531.011, Government Code, is amended
3-16 by adding Subsection (g) to read as follows:
3-17 (g) In addition to the information file maintained under
3-18 Subsection (e), the commission shall maintain an information file
3-19 on a complaint received by the commission relating to any matter or
3-20 agency under the jurisdiction of the commission.
3-21 SECTION 1.04. Subchapter A, Chapter 531, Government Code, is
3-22 amended by adding Section 531.014 to read as follows:
3-23 Sec. 531.014. CONSOLIDATION OF REPORTS. The commission may
3-24 consolidate any annual or biennial reports required to be made
3-25 under this chapter or another law if:
3-26 (1) the consolidated report is submitted not later
4-1 than the earliest deadline for the submission of any component of
4-2 the consolidated report; and
4-3 (2) each person required to receive a component of the
4-4 consolidated report receives the consolidated report and the
4-5 consolidated report identifies the component of the report the
4-6 person was required to receive.
4-7 ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN
4-8 SERVICES AGENCIES
4-9 SECTION 2.01. Subchapter A, Chapter 531, Government Code, is
4-10 amended by adding Section 531.0055 to read as follows:
4-11 Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO
4-12 CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) In
4-13 this section:
4-14 (1) "Agency director" means the director, executive
4-15 director, or commissioner of a health and human services agency.
4-16 (2) "Policymaking body" means the board or commission
4-17 with policymaking authority over a health and human services
4-18 agency.
4-19 (b) The commission shall:
4-20 (1) supervise the administration and operation of the
4-21 Medicaid program, including the administration and operation of the
4-22 Medicaid managed care system in accordance with Section 531.021;
4-23 (2) supervise information systems planning and
4-24 management for health and human services agencies under Section
4-25 531.0273;
4-26 (3) manage and distribute all federal funds received
5-1 by a health and human services agency in accordance with Section
5-2 531.028; and
5-3 (4) implement Texas Integrated Enrollment Services as
5-4 required by Subchapter F.
5-5 (c) After implementation of the commission's duties under
5-6 Subsection (b), the commission shall implement the powers and
5-7 duties given to the commission under Sections 531.0246, 531.0247,
5-8 2155.144, as added by Chapter 1045, Acts of the 75th Legislature,
5-9 Regular Session, 1997, and 2167.004.
5-10 (d) After implementation of the commission's duties under
5-11 Subsections (b) and (c), the commission shall implement the powers
5-12 and duties given to the commission under Section 531.0248.
5-13 (e) Notwithstanding any other law, the commissioner, as
5-14 necessary to perform the functions described by Subsections (b),
5-15 (c), and (d) in implementation of the policies established by each
5-16 agency's policymaking body, shall:
5-17 (1) manage and direct the operations of each health
5-18 and human services agency; and
5-19 (2) supervise and direct the activities of each agency
5-20 director.
5-21 (f) The operational authority of the commissioner for
5-22 purposes of Subsection (e) at each health and human services agency
5-23 includes authority over the:
5-24 (1) management of the daily operations of the agency,
5-25 including the organization and management of the agency and agency
5-26 operating procedures;
6-1 (2) allocation of resources within the agency,
6-2 including use of federal funds received by the agency;
6-3 (3) personnel and employment policies;
6-4 (4) contracting, purchasing, and related policies,
6-5 subject to this chapter and other laws relating to contracting and
6-6 purchasing by a state agency;
6-7 (5) information resources systems used by the agency;
6-8 (6) location of agency facilities; and
6-9 (7) coordination of agency activities with activities
6-10 of other state agencies, including other health and human services
6-11 agencies.
6-12 (g) Notwithstanding any other law, the operational authority
6-13 of the commissioner for purposes of Subsection (e) at each health
6-14 and human services agency includes the authority to adopt or
6-15 approve, subject to applicable limitations, any rate of payment or
6-16 similar provision required by law to be adopted or approved by the
6-17 agency.
6-18 (h) For each health and human services agency, the
6-19 commissioner shall implement a program to evaluate and supervise
6-20 the daily operations of the agency. The program must include
6-21 measurable performance objectives for each agency director and
6-22 adequate reporting requirements to permit the commissioner to
6-23 perform the duties assigned to the commissioner under this section.
6-24 (i) To facilitate the operations of a health and human
6-25 services agency in accordance with this section, the commissioner
6-26 may delegate a specific power or duty given under Subsection (f) or
7-1 (g) to an agency director.
7-2 (j) The commissioner may adopt rules to implement the
7-3 commissioner's authority under this section.
7-4 (k) The commissioner and each agency director shall enter
7-5 into a memorandum of understanding that:
7-6 (1) clearly defines the responsibilities of the agency
7-7 director and the commissioner;
7-8 (2) establishes the program of evaluation and
7-9 supervision of daily operations required by Subsection (h); and
7-10 (3) describes each delegation of a power or duty made
7-11 under Subsection (i).
7-12 (l) Notwithstanding any other provision of this section, a
7-13 policymaking body has the authority provided by law to adopt
7-14 policies and rules governing the delivery of services to persons
7-15 who are served by the agency and the rights and duties of persons
7-16 who are served or regulated by the agency. The commissioner and
7-17 each policymaking body shall enter into a memorandum of
7-18 understanding that clearly defines:
7-19 (1) the policymaking authority of the policymaking
7-20 body; and
7-21 (2) the operational authority of the commissioner.
7-22 SECTION 2.02. Section 21.004(b), Human Resources Code, is
7-23 amended to read as follows:
7-24 (b) The commissioner is appointed by the board with the
7-25 concurrence of the commissioner of health and human services and
7-26 the approval of the governor. The commissioner [and] serves at the
8-1 pleasure of the board.
8-2 SECTION 2.03. Chapter 22, Human Resources Code, is amended
8-3 by adding Section 22.0001 to read as follows:
8-4 Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
8-5 AND HUMAN SERVICES. The commissioner of health and human services
8-6 has the powers and duties relating to the board and commissioner as
8-7 provided by Section 531.0055, Government Code. To the extent a
8-8 power or duty given to the board or commissioner by this title or
8-9 another law conflicts with Section 531.0055, Government Code,
8-10 Section 531.0055 controls.
8-11 SECTION 2.04. Section 40.027(a), Human Resources Code, is
8-12 amended to read as follows:
8-13 (a) The board shall appoint [employ] the executive director
8-14 with the concurrence of the commissioner of health and human
8-15 services and the approval of the governor. The executive director
8-16 serves at the pleasure of the board.
8-17 SECTION 2.05. Subchapter C, Chapter 40, Human Resources
8-18 Code, is amended by adding Section 40.0505 to read as follows:
8-19 Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
8-20 AND HUMAN SERVICES. The commissioner of health and human services
8-21 has the powers and duties relating to the board and executive
8-22 director as provided by Section 531.0055, Government Code. To the
8-23 extent a power or duty given to the board or executive director by
8-24 this chapter or another law conflicts with Section 531.0055,
8-25 Government Code, Section 531.0055 controls.
8-26 SECTION 2.06. Chapter 73, Human Resources Code, is amended
9-1 by adding Section 73.0045 to read as follows:
9-2 Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
9-3 AND HUMAN SERVICES. The commissioner of health and human services
9-4 has the powers and duties relating to the board and the executive
9-5 director of the board as provided by Section 531.0055, Government
9-6 Code. To the extent a power or duty given to the board or
9-7 executive director by this chapter or another law conflicts with
9-8 Section 531.0055, Government Code, Section 531.0055 controls.
9-9 SECTION 2.07. Section 73.0052(b), Human Resources Code, is
9-10 amended to read as follows:
9-11 (b) The board shall appoint [employ] an executive director
9-12 with the concurrence of the commissioner of health and human
9-13 services and the approval of the governor. The executive director
9-14 serves at the pleasure of the board. The[, and the] executive
9-15 director shall establish necessary administrative units, and hire
9-16 other necessary employees.
9-17 SECTION 2.08. Chapter 81, Human Resources Code, is amended
9-18 by adding Section 81.0055 to read as follows:
9-19 Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
9-20 AND HUMAN SERVICES. The commissioner of health and human services
9-21 has the powers and duties relating to the commission and the
9-22 executive director of the commission as provided by Section
9-23 531.0055, Government Code. To the extent a power or duty given to
9-24 the commission or executive director by this chapter or another law
9-25 conflicts with Section 531.0055, Government Code, Section 531.0055
9-26 controls.
10-1 SECTION 2.09. Section 81.008(a), Human Resources Code, is
10-2 amended to read as follows:
10-3 (a) The commission shall appoint an executive director with
10-4 the concurrence of the commissioner of health and human services
10-5 and the approval of the governor. The executive director serves at
10-6 the pleasure of the commission.
10-7 SECTION 2.10. Section 91.012(a), Human Resources Code, is
10-8 amended to read as follows:
10-9 (a) The commission shall [annually] appoint an executive
10-10 director with the concurrence of the commissioner of health and
10-11 human services and the approval of the governor. The executive
10-12 director serves at the pleasure of the commission.
10-13 SECTION 2.11. Subchapter C, Chapter 91, Human Resources
10-14 Code, is amended by adding Section 91.0205 to read as follows:
10-15 Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-16 AND HUMAN SERVICES. The commissioner of health and human services
10-17 has the powers and duties relating to the commission and executive
10-18 director as provided by Section 531.0055, Government Code. To the
10-19 extent a power or duty given to the commission or executive
10-20 director by this chapter or another law conflicts with Section
10-21 531.0055, Government Code, Section 531.0055 controls.
10-22 SECTION 2.12. Section 101.004(a), Human Resources Code, is
10-23 amended to read as follows:
10-24 (a) The board shall appoint an executive director of aging
10-25 with the concurrence of the commissioner of health and human
10-26 services and the approval of the governor. The executive director
11-1 shall discharge all executive and administrative functions of the
11-2 department. The executive director must be a person with executive
11-3 ability and experience in the area of aging. The executive
11-4 director serves at the pleasure of the board.
11-5 SECTION 2.13. Subchapter B, Chapter 101, Human Resources
11-6 Code, is amended by adding Section 101.0205 to read as follows:
11-7 Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-8 AND HUMAN SERVICES. The commissioner of health and human services
11-9 has the powers and duties relating to the board and executive
11-10 director as provided by Section 531.0055, Government Code. To the
11-11 extent a power or duty given to the board or executive director by
11-12 this chapter or another law conflicts with Section 531.0055,
11-13 Government Code, Section 531.0055 controls.
11-14 SECTION 2.14. Section 111.017, Human Resources Code, is
11-15 amended to read as follows:
11-16 Sec. 111.017. COMMISSIONER. This chapter is administered by
11-17 the commissioner under operational policies established by the
11-18 board. The commissioner is appointed by the board, with the
11-19 concurrence of the commissioner of health and human services and
11-20 the approval of the governor, on the basis of education, training,
11-21 experience, and demonstrated ability. The commissioner serves at
11-22 the pleasure of the board and is secretary to the board, as well as
11-23 chief administrative officer of the agency.
11-24 SECTION 2.15. Subchapter C, Chapter 111, Human Resources
11-25 Code, is amended by adding Section 111.0505 to read as follows:
11-26 Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-1 AND HUMAN SERVICES. The commissioner of health and human services
12-2 has the powers and duties relating to the commission and
12-3 commissioner as provided by Section 531.0055, Government Code. To
12-4 the extent a power or duty given to the commission or commissioner
12-5 by this chapter or another law conflicts with Section 531.0055,
12-6 Government Code, Section 531.0055 controls.
12-7 SECTION 2.16. Subchapter C, Chapter 141, Human Resources
12-8 Code, is amended by adding Section 141.0405 to read as follows:
12-9 Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-10 AND HUMAN SERVICES. The commissioner of health and human services
12-11 has the powers and duties relating to the commission and director
12-12 as provided by Section 531.0055, Government Code. To the extent a
12-13 power or duty given to the commission or director by this chapter
12-14 or another law conflicts with Section 531.0055, Government Code,
12-15 Section 531.0055 controls.
12-16 SECTION 2.17. Section 11.012(a), Health and Safety Code, is
12-17 amended to read as follows:
12-18 (a) The board shall appoint [employ] the commissioner with
12-19 the concurrence of the commissioner of health and human services
12-20 and the approval of the governor. The commissioner serves at the
12-21 will of the board.
12-22 SECTION 2.18. Subchapter A, Chapter 12, Health and Safety
12-23 Code, is amended by adding Section 12.0001 to read as follows:
12-24 Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-25 AND HUMAN SERVICES. The commissioner of health and human services
12-26 has the powers and duties relating to the board and commissioner as
13-1 provided by Section 531.0055, Government Code. To the extent a
13-2 power or duty given to the board or commissioner by this title or
13-3 another law conflicts with Section 531.0055, Government Code,
13-4 Section 531.0055 controls.
13-5 SECTION 2.19. Section 461.011(a), Health and Safety Code, is
13-6 amended to read as follows:
13-7 (a) The commission shall appoint [employ] an executive
13-8 director with the concurrence of the commissioner of health and
13-9 human services and the approval of the governor. The executive
13-10 director shall hire other necessary employees.
13-11 SECTION 2.20. Chapter 461, Health and Safety Code, is
13-12 amended by adding Section 461.0115 to read as follows:
13-13 Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-14 AND HUMAN SERVICES. The commissioner of health and human services
13-15 has the powers and duties relating to the commission and executive
13-16 director as provided by Section 531.0055, Government Code. To the
13-17 extent a power or duty given to the commission or executive
13-18 director by this chapter or another law conflicts with Section
13-19 531.0055, Government Code, Section 531.0055 controls.
13-20 SECTION 2.21. Section 532.011(a), Health and Safety Code, is
13-21 amended to read as follows:
13-22 (a) The board shall appoint a commissioner with the
13-23 concurrence of the commissioner of health and human services and
13-24 the approval of the governor.
13-25 SECTION 2.22. Subchapter A, Chapter 533, Health and Safety
13-26 Code, is amended by adding Section 533.0001 to read as follows:
14-1 Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
14-2 AND HUMAN SERVICES. The commissioner of health and human services
14-3 has the powers and duties relating to the board and commissioner as
14-4 provided by Section 531.0055, Government Code. To the extent a
14-5 power or duty given to the board or commissioner by this title or
14-6 another law conflicts with Section 531.0055, Government Code,
14-7 Section 531.0055 controls.
14-8 SECTION 2.23. (a) In this section, "agency director" has
14-9 the meaning assigned by Section 531.0055, Government Code, as added
14-10 by this Act.
14-11 (b) An agency director serving on the effective date of this
14-12 Act continues to serve in that position until the expiration of the
14-13 term of that person's appointment or employment or until removed
14-14 from the position as provided by law. A vacancy in the position of
14-15 an agency director that occurs on or after the effective date of
14-16 this Act shall be filled by the respective appointing authority
14-17 with the concurrence of the commissioner of health and human
14-18 services and the approval of the governor as required by the change
14-19 in law made by this Act.
14-20 ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH
14-21 AND HUMAN SERVICES COMMISSION
14-22 SECTION 3.01. Section 531.021(b), Government Code, is
14-23 amended to read as follows:
14-24 (b) The commission shall:
14-25 (1) plan and direct the Medicaid program in each
14-26 agency that operates a portion of the Medicaid program, including
15-1 the management of the Medicaid managed care system and the
15-2 development, procurement, management, and monitoring of contracts
15-3 necessary to implement the Medicaid managed care system;
15-4 (2) adopt [is responsible for adopting] reasonable
15-5 rules and standards governing the determination of fees, charges,
15-6 and rates for medical assistance payments under Chapter 32, Human
15-7 Resources Code, in consultation[. In adopting these rules and
15-8 standards, the commission shall consult] with the agencies that
15-9 operate the Medicaid program; and
15-10 (3) evaluate the Medicaid managed care system in
15-11 conjunction with the Texas Health Care Information Council under
15-12 Section 108.0065, Health and Safety Code.
15-13 SECTION 3.02. Subchapter B, Chapter 531, Government Code, is
15-14 amended by adding Sections 531.0246, 531.0247, 531.0248, and
15-15 531.0249 to read as follows:
15-16 Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN
15-17 SERVICES AGENCIES. Subject to Section 531.0055(c), the commission
15-18 may require a health and human services agency, under the direction
15-19 of the commission, to:
15-20 (1) locate all or a portion of the agency's employees
15-21 and programs in the same building as another health and human
15-22 services agency or at a location near or adjacent to the location
15-23 of another health and human services agency; and
15-24 (2) consolidate agency support services, including
15-25 clerical and administrative support services and information
15-26 resources support services, with support services provided to or by
16-1 another health and human services agency.
16-2 Sec. 531.0247. ANNUAL PLAN. Subject to Section 531.0055(c),
16-3 the commission shall develop and implement an annual services plan
16-4 for each health and human services region that establishes
16-5 performance objectives for all health and human services agencies
16-6 providing services in the region and measures agency effectiveness
16-7 and efficiency in achieving those objectives.
16-8 Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. (a)
16-9 Subject to Section 531.0055(d), the commission shall assist
16-10 communities in this state in developing comprehensive,
16-11 community-based support systems for health and human services. At
16-12 the request of a community, the commission shall provide resources
16-13 and assistance to the community to enable the community to:
16-14 (1) identify and overcome institutional barriers to
16-15 developing more comprehensive community support systems, including
16-16 barriers that result from the policies and procedures of state
16-17 health and human services agencies; and
16-18 (2) develop a system of blended funds to allow the
16-19 community to customize services to fit individual community needs.
16-20 (b) At the request of the commission, a health and human
16-21 services agency shall provide resources and assistance to a
16-22 community as necessary to perform the commission's duties under
16-23 Subsection (a).
16-24 (c) A health and human services agency that receives or
16-25 develops a proposal for a community initiative shall submit the
16-26 initiative to the commission for review and approval. The
17-1 commission shall review the initiative to ensure that the
17-2 initiative is consistent with other similar programs offered in
17-3 communities and does not duplicate other services provided in the
17-4 community.
17-5 (d) In implementing this section, the commission shall
17-6 consider models used in other service delivery systems, including
17-7 the mental health and mental retardation service delivery system.
17-8 Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL
17-9 ENTITIES. (a) The commission shall appoint an advisory committee
17-10 composed of representatives of governmental entities identified
17-11 under Section 531.022(e).
17-12 (b) The advisory committee:
17-13 (1) shall advise the commission with respect to
17-14 establishing flexible and responsive strategies for blending
17-15 federal, state, and other available funding sources to meet local
17-16 program needs and service priorities, in implementation of Sections
17-17 531.022, 531.024, and 531.0248; and
17-18 (2) may assist the commission in performing its other
17-19 functions under Sections 531.022, 531.024, 531.0248, and
17-20 531.028(b)(6).
17-21 (c) A member of the advisory committee may not receive
17-22 compensation, but is entitled to reimbursement of the travel
17-23 expenses incurred by the member while conducting the business of
17-24 the committee, as provided by the General Appropriations Act.
17-25 (d) The advisory committee is not subject to Chapter 2110.
17-26 SECTION 3.03. Section 531.0273, Government Code, is amended
18-1 to read as follows:
18-2 Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
18-3 MANAGEMENT; ADVISORY COMMITTEE [AUTOMATED SYSTEMS]. (a) The
18-4 commission is responsible for strategic planning for information
18-5 resources at each health and human services agency and shall direct
18-6 the management of information resources at each health and human
18-7 services agency. The commission shall:
18-8 (1) develop a coordinated strategic plan for
18-9 information resources management that:
18-10 (A) covers a five-year period;
18-11 (B) defines objectives for information resources
18-12 management at each health and human services agency;
18-13 (C) prioritizes information resources projects
18-14 and implementation of new technology for all health and human
18-15 services agencies;
18-16 (D) integrates planning and development of each
18-17 information resources system used by a health and human services
18-18 agency into a coordinated information resources management planning
18-19 and development system established by the commission;
18-20 (E) establishes standards for information
18-21 resources system security and that promotes the ability of
18-22 information resources systems to operate with each other; and
18-23 (F) achieves economies of scale and related
18-24 benefits in purchasing for health and human services information
18-25 resources systems;
18-26 (2) establish information resources management
19-1 policies, procedures, and technical standards and ensure compliance
19-2 with those policies, procedures, and standards; and
19-3 (3) review and approve the information resources
19-4 management and biennial operating plan of each health and human
19-5 services agency.
19-6 (b) Not later than December 15 of each even-numbered year,
19-7 the commission shall file the coordinated information resources
19-8 strategic plan with the governor, the lieutenant governor, and the
19-9 speaker of the house of representatives.
19-10 (c) A health and human services agency may not submit its
19-11 plans to the Department of Information Resources under Subchapter
19-12 E, Chapter 2054, until those plans are approved by the commission.
19-13 (d) The commission shall appoint an advisory committee
19-14 composed of:
19-15 (1) information resources managers for state agencies
19-16 and for private employers; and
19-17 (2) the directors, executive directors, and
19-18 commissioners of health and human services agencies.
19-19 (e) The advisory committee appointed under Subsection (d)
19-20 shall advise the commission with respect to the implementation of
19-21 the commission's duties under Subsection (a)(1) and:
19-22 (1) shall advise the commission about:
19-23 (A) overall goals and objectives for information
19-24 resources management for all health and human services agencies;
19-25 (B) coordination of agency information resources
19-26 management plans;
20-1 (C) development of short-term and long-term
20-2 strategies for:
20-3 (i) implementing information resources
20-4 management policies, procedures, and technical standards; and
20-5 (ii) ensuring compatibility of information
20-6 resources systems across health and human services agencies as
20-7 technology changes;
20-8 (D) information resources training and skill
20-9 development for health and human services agency employees and
20-10 policies to facilitate recruitment and retention of trained
20-11 employees;
20-12 (E) standards for determining:
20-13 (i) the circumstances in which obtaining
20-14 information resources services under contract is appropriate;
20-15 (ii) the information resources services
20-16 functions that must be performed by health and human services
20-17 agency information resources services employees; and
20-18 (iii) the information resources services
20-19 skills that must be maintained by health and human services agency
20-20 information resources services employees;
20-21 (F) optimization of the use of information
20-22 resources technology that is in place at health and human services
20-23 agencies; and
20-24 (G) existing and potential future information
20-25 resources technologies and practices and the usefulness of those
20-26 technologies and practices to health and human services agencies;
21-1 and
21-2 (2) shall review and make recommendations to the
21-3 commission relating to the consolidation and improved efficiency of
21-4 information resources management functions, including:
21-5 (A) cooperative leasing of information resources
21-6 systems equipment;
21-7 (B) consolidation of data centers;
21-8 (C) improved network operations;
21-9 (D) technical support functions, including help
21-10 desk services, call centers, and data warehouses;
21-11 (E) administrative applications;
21-12 (F) purchases of standard software;
21-13 (G) joint training efforts;
21-14 (H) recruitment and retention of trained agency
21-15 employees;
21-16 (I) video conferencing; and
21-17 (J) other related opportunities for improved
21-18 efficiency.
21-19 (f) A member of the advisory committee may not receive
21-20 compensation, but is entitled to reimbursement of the travel
21-21 expenses incurred by the member while conducting the business of
21-22 the committee, as provided by the General Appropriations Act.
21-23 (g) The advisory committee is not subject to Chapter 2110.
21-24 SECTION 3.04. Section 531.028, Government Code, is amended
21-25 to read as follows:
21-26 Sec. 531.028. MANAGEMENT AND DISTRIBUTION OF FUNDS.
22-1 (a) The commission shall manage and distribute all federal funds
22-2 received by health and human services agencies.
22-3 (b) The commissioner shall establish a federal money
22-4 management system to coordinate and monitor the use of federal
22-5 money that is received by health and human services agencies to
22-6 ensure that the money is spent in the most efficient manner and
22-7 shall:
22-8 (1) establish priorities for use of federal money by
22-9 all health and human services agencies, in coordination with the
22-10 coordinated strategic plan established under Section 531.022 and
22-11 the budget prepared under Section 531.026;
22-12 (2) coordinate and monitor the use of federal money
22-13 for health and human services to ensure that the money is spent in
22-14 the most cost-effective manner throughout the health and human
22-15 services system;
22-16 (3) review and approve all federal funding plans for
22-17 health and human services in this state;
22-18 (4) estimate available federal money, including earned
22-19 federal money, and monitor unspent money;
22-20 (5) ensure that the state meets federal requirements
22-21 relating to receipt of federal money for health and human services,
22-22 including requirements relating to state matching money and
22-23 maintenance of effort;
22-24 (6) transfer appropriated amounts, within the limits
22-25 established by the General Appropriations Act, to enhance the
22-26 receipt of federal money and the delivery of health and human
23-1 services; and
23-2 (7) ensure that each governmental entity identified
23-3 under Section 531.022(e) has access to complete and timely
23-4 information about all sources of federal money for health and human
23-5 services programs and that technical assistance is available to
23-6 governmental entities seeking grants of federal money to provide
23-7 health and human services.
23-8 (c) The commission shall prepare an annual report with
23-9 respect to the results of the implementation of this section. The
23-10 report must identify strategies to maximize the receipt and use of
23-11 federal funds and to improve federal funds management. The
23-12 commission shall file the report with the governor, the lieutenant
23-13 governor, and the speaker of the house of representatives not later
23-14 than December 15 of each year [request budget execution for the
23-15 transfer of funds from one agency to another;]
23-16 [(2) establish a federal health and human services
23-17 funds management system and maximize the availability of those
23-18 funds; and]
23-19 [(3) review and comment on health and human services
23-20 agency formulas for the distribution of funds to ensure that the
23-21 formulas, to the extent permitted by federal law, consider such
23-22 need factors as client base, population, and economic and
23-23 geographic factors within the regions of the state].
23-24 SECTION 3.05. Section 531.0312, Government Code, is amended
23-25 to read as follows:
23-26 Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK.
24-1 (a) The Texas Information and Referral Network at the commission
24-2 is the program responsible for the development, coordination, and
24-3 implementation of a statewide information and referral network that
24-4 integrates existing community-based structures with state and local
24-5 agencies. The network must include information relating to
24-6 transportation services provided to clients of state and local
24-7 agencies.
24-8 (b) The commission shall cooperate with the Records
24-9 Management Interagency Coordinating Council and the General
24-10 Services Commission to establish a single method of categorizing
24-11 information about health and human services to be used by the
24-12 Records Management Interagency Coordinating Council and the Texas
24-13 Information and Referral Network. The network, in cooperation with
24-14 the council and the General Services Commission, shall ensure that:
24-15 (1) information relating to health and human services
24-16 is included in each residential telephone directory published by a
24-17 for-profit publisher and distributed to the public at minimal or no
24-18 cost; and
24-19 (2) the single method of categorizing information
24-20 about health and human services is used in a residential telephone
24-21 directory described by Subdivision (1).
24-22 (c) A health and human services agency shall provide the
24-23 Texas Information and Referral Network and the Records Management
24-24 Interagency Coordinating Council with information about the health
24-25 and human services provided by the agency for inclusion in the
24-26 statewide information and referral network, residential telephone
25-1 directories described by Subsection (b), and any other materials
25-2 produced under the direction of the network or the council. The
25-3 agency shall provide the information in the format required by the
25-4 Texas Information and Referral Network or the Records Management
25-5 Interagency Coordinating Council and shall update the information
25-6 at least quarterly or as required by the network or the council.
25-7 SECTION 3.06. Section 441.053(j), Government Code, is
25-8 redesignated as Subsection (j) of Section 441.203, Government Code,
25-9 as added by Chapter 873, Acts of the 75th Legislature, Regular
25-10 Session, 1997, and is amended to read as follows:
25-11 (j) The council shall categorize state agency programs and
25-12 telephone numbers by subject matter as well as by agency. The
25-13 council shall cooperate with the Texas Information and Referral
25-14 Network under Section 531.0312 to ensure that the council and the
25-15 network use a single method of defining and organizing information
25-16 about health and human services. State agencies shall cooperate
25-17 with the council by providing the council with the information it
25-18 needs to perform this function.
25-19 SECTION 3.07. Section 9.12, Chapter 655, Acts of the 74th
25-20 Legislature, Regular Session, 1995, as amended by Section 1,
25-21 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
25-22 is redesignated as Subchapter F, Chapter 531, Government Code, and
25-23 amended to read as follows:
25-24 SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
25-25 Sec. 531.191 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
25-26 (a) The commission [In consultation and coordination with the
26-1 Texas Integrated Enrollment Services Legislative Oversight
26-2 Committee established under Section 531.202, Government Code, the
26-3 Health and Human Services Commission], subject to the approval of
26-4 the governor and the Legislative Budget Board, shall develop and
26-5 implement a plan for the integration of services and functions
26-6 relating to eligibility determination and service delivery by
26-7 health and human services agencies, the Texas Workforce Commission,
26-8 and other agencies. The plan must include a reengineering of
26-9 eligibility determination business processes, streamlined service
26-10 delivery, a unified and integrated process for the transition from
26-11 welfare to work, and improved access to benefits and services for
26-12 clients. In developing and implementing the plan, the commission
26-13 [Health and Human Services Commission]:
26-14 (1) shall give priority to the design and development
26-15 of computer hardware and software for and provide technical support
26-16 relating to the integrated eligibility determination system;
26-17 (2) shall consult with agencies whose programs are
26-18 included in the plan, including the Texas Department of Human
26-19 Services, the Texas Department of Health, and the Texas Workforce
26-20 Commission;
26-21 (3) may contract for appropriate professional and
26-22 technical assistance; and
26-23 (4) may use the staff and resources of agencies whose
26-24 programs are included in the plan.
26-25 (b) The integrated eligibility determination and service
26-26 delivery system shall be developed and implemented to achieve
27-1 increased quality of and client access to services and savings in
27-2 the cost of providing administrative and other services and staff
27-3 resulting from streamlining and eliminating duplication of
27-4 services. The commission, subject to any spending limitation
27-5 prescribed in the General Appropriations Act, may use the resulting
27-6 savings to further develop the integrated system and to provide
27-7 other health and human services.
27-8 (c) The commission shall examine cost-effective methods to
27-9 address:
27-10 (1) fraud in the assistance programs; and
27-11 (2) the error rate in eligibility determination.
27-12 (d) On receipt by the state of any necessary federal
27-13 approval and subject to the approval of the governor and the
27-14 Legislative Budget Board, the commission may contract for
27-15 implementation of all or part of the plan required by Subsection
27-16 (a) [of this section] if the commission determines that contracting
27-17 may advance the objectives of Subsections (a) and (b) [of this
27-18 section] and meets the criteria set out in the cost-benefit
27-19 analysis described in this subsection. Before the awarding of a
27-20 contract, the commission shall provide a detailed cost-benefit
27-21 analysis to the governor and[,] the Legislative Budget Board[, and
27-22 the Texas Integrated Enrollment Services Legislative Oversight
27-23 Committee established under Section 531.202, Government Code]. The
27-24 analysis must demonstrate the cost-effectiveness of the plan,
27-25 mechanisms for monitoring performance under the plan, and specific
27-26 improvements to the service delivery system and client access made
28-1 by the plan. The commission shall make the analysis available to
28-2 the public. Within 10 days after the release of a request for bids,
28-3 proposals, offers, or other applicable expressions of interest
28-4 relating to the development or implementation of the plan required
28-5 by Subsection (a) [of this section], the commission shall hold a
28-6 public hearing and receive public comment on the request. [The
28-7 commission may coordinate with a legislative committee to hold the
28-8 hearings.]
28-9 (e) [Not later than October 1, 1996, the commission shall
28-10 develop a plan to consolidate administrative and service delivery
28-11 functions in addition to the integrated eligibility determination
28-12 and service delivery system in order to minimize duplication. The
28-13 commission shall prepare a report of the plan for submission to the
28-14 governor, the lieutenant governor, the speaker of the house of
28-15 representatives, the comptroller, and the 75th Legislature when it
28-16 convenes.]
28-17 [(f)] If requested by the commission [Health and Human
28-18 Services Commission], the agencies whose programs are included in
28-19 the plan required by Subsection (a) [of this section] shall
28-20 cooperate with the commission to provide available staff and
28-21 resources that will be subject to the direction of the commission.
28-22 (f) [(g)] The design, development, and operation of an
28-23 automated data processing system to support the plan required by
28-24 Subsection (a) [of this section] may be financed through the
28-25 issuance of bonds or other obligations under the Texas Public
28-26 Finance Authority Act (Article 601d, Vernon's Texas Civil
29-1 Statutes).
29-2 Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT
29-3 COMMITTEE. (a) The commission shall develop and implement the
29-4 plan required by Section 531.191 in consultation and coordination
29-5 with the Texas Integrated Enrollment Services Legislative Oversight
29-6 Committee established by Section 531.202.
29-7 (b) Before awarding a contract under Section 531.191(d), the
29-8 commission shall provide the detailed cost-benefit analysis
29-9 described by that subsection to the legislative oversight
29-10 committee. The commission may coordinate with the the legislative
29-11 oversight committee to hold any hearing required under Section
29-12 531.191(d).
29-13 (c) This section expires September 1, 2002.
29-14 SECTION 3.08. Subchapter D, Chapter 531, Government Code, as
29-15 added by Chapter 1116, Acts of the 75th Legislature, Regular
29-16 Session, 1997, is redesignated as Subchapter G, Chapter 531,
29-17 Government Code, and the subchapter heading is amended to read as
29-18 follows:
29-19 SUBCHAPTER G [D]. LEGISLATIVE OVERSIGHT FOR TEXAS
29-20 INTEGRATED ENROLLMENT SERVICES
29-21 SECTION 3.09. Section 531.203(a), Government Code, is
29-22 amended to read as follows:
29-23 (a) The committee shall:
29-24 (1) meet at the call of the presiding officer;
29-25 (2) receive information about rules proposed or
29-26 adopted by the commission;
30-1 (3) review specific recommendations for legislation
30-2 proposed by the commission; and
30-3 (4) hold public hearings concerning the development
30-4 and implementation of the plan required by Subchapter F [Section
30-5 9.12(a), Chapter 655, Acts of the 74th Legislature, Regular
30-6 Session, 1995,] in at least four geographically diverse locations
30-7 in the state.
30-8 SECTION 3.10. Section 2155.144, Government Code, as added by
30-9 Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,
30-10 is amended to read as follows:
30-11 Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES
30-12 AGENCIES. (a) This section applies only to the Health and Human
30-13 Services Commission and to each health and human services agency.
30-14 (b) An agency to which this section applies is delegated the
30-15 authority to procure its goods and services, except as provided by
30-16 this section.
30-17 (c) An agency to which this section applies shall acquire
30-18 goods or services by any procurement method approved by the Health
30-19 and Human Services Commission that provides the best value to the
30-20 agency. The agency shall document that it considered all relevant
30-21 factors under Subsection (d) in making the acquisition.
30-22 (d) Subject to Subsection (e), the agency may consider all
30-23 relevant factors in determining the best value, including:
30-24 (1) any installation costs;
30-25 (2) the delivery terms;
30-26 (3) the quality and reliability of the vendor's goods
31-1 or services;
31-2 (4) the extent to which the goods or services meet the
31-3 agency's needs;
31-4 (5) indicators of probable vendor performance under
31-5 the contract such as past vendor performance, the vendor's
31-6 financial resources and ability to perform, the vendor's experience
31-7 and responsibility, and the vendor's ability to provide reliable
31-8 maintenance agreements;
31-9 (6) the impact on the ability of the agency to comply
31-10 with laws and rules relating to historically underutilized
31-11 businesses or relating to the procurement of goods and services
31-12 from persons with disabilities;
31-13 (7) the total long-term cost to the agency of
31-14 acquiring the vendor's goods or services;
31-15 (8) the cost of any employee training associated with
31-16 the acquisition;
31-17 (9) the effect of an acquisition on agency
31-18 productivity;
31-19 (10) the acquisition price; and
31-20 (11) any other factor relevant to determining the best
31-21 value for the agency in the context of a particular acquisition.
31-22 (e) If an agency to which this section applies acquires
31-23 goods or services with a value that exceeds $100,000, the agency
31-24 shall notify the state auditor and shall consult with and receive
31-25 approval from the Health and Human Services Commission before
31-26 considering factors other than price and meeting specifications.
32-1 (f) The state auditor may audit the agency's acquisitions of
32-2 goods and services before or after a warrant is issued to pay for
32-3 an acquisition.
32-4 (g) The agency may adopt rules and procedures for the
32-5 acquisition of goods and services under this section.
32-6 (h) The Health and Human Services Commission shall adopt
32-7 rules and procedures for the acquisition of goods and services
32-8 under this section that apply to all health and human services
32-9 agencies, including rules adopted with the commission's assistance
32-10 that allow an agency to make purchases through a group purchasing
32-11 program except when a better value is available through another
32-12 procurement method. The rules of the health and human services
32-13 agencies must be consistent with the rules of the Health and Human
32-14 Services Commission.
32-15 (i) Subject to Section 531.0055(c), the Health and Human
32-16 Services Commission shall develop a single statewide risk analysis
32-17 procedure. Each health and human services agency shall comply with
32-18 the procedure. The procedure must provide for:
32-19 (1) assessing the risk of fraud, abuse, or waste in
32-20 health and human services agencies contractor selection processes,
32-21 contract provisions, and payment and reimbursement rates and
32-22 methods for the different types of goods and services for which
32-23 health and human services agencies contract;
32-24 (2) identifying contracts that require enhanced
32-25 contract monitoring; and
32-26 (3) coordinating contract monitoring efforts among
33-1 health and human services agencies.
33-2 (j) Subject to Section 531.0055(c), the Health and Human
33-3 Services Commission shall publish a contract management handbook
33-4 that establishes consistent contracting policies and practices to
33-5 be followed by health and human services agencies. The handbook
33-6 may include standard contract provisions and formats for health and
33-7 human services agencies to incorporate as applicable in their
33-8 contracts.
33-9 (k) Subject to Section 531.0055(c), the Health and Human
33-10 Services Commission, in cooperation with the comptroller, shall
33-11 establish a central contract management database that identifies
33-12 each contract made with a health and human services agency. The
33-13 commission may use the database to monitor health and human
33-14 services agency contracts, and health and human services agencies
33-15 may use the database in contracting. A state agency shall send to
33-16 the commission in the manner prescribed by the commission the
33-17 information the agency possesses that the commission requires for
33-18 inclusion in the database.
33-19 (l) The Health and Human Services Commission shall
33-20 coordinate the procurement practices of all health and human
33-21 services agencies and encourage those agencies to use efficient
33-22 procurement practices such as the use of a group purchasing
33-23 program, combining maintenance contracts into one contract, and
33-24 obtaining prompt payment discounts. In implementing this duty, the
33-25 Health and Human Services Commission may review the procurement and
33-26 rate-setting procedures of each health and human services agency to
34-1 ensure that amounts paid to contractors are consistent and
34-2 represent the best value for the state. The Health and Human
34-3 Services Commission may disapprove a procurement and rate-setting
34-4 procedure of a health and human services agency. A health and
34-5 human services agency may not use a procurement or rate-setting
34-6 procedure that has been disapproved by the commission. The Health
34-7 and Human Services Commission may transfer the procurement
34-8 functions of a health and human services agency to another
34-9 appropriate state agency if it determines that transferring those
34-10 functions would be advantageous to the state. Other state agencies
34-11 and institutions with experience in acquiring goods and services
34-12 using the procedures allowed under Subsections (c) and (d) shall on
34-13 request assist the Health and Human Services Commission to perform
34-14 its functions under this section.
34-15 (m) Subject to Section 531.0055(c), the Health and Human
34-16 Services Commission shall develop and implement a statewide plan to
34-17 ensure that each entity that contracts with a health and human
34-18 services agency and any subcontractor of the entity complies with
34-19 the accessibility requirements of the Americans with Disabilities
34-20 Act of 1990 (42 U.S.C. Section 12101 et seq.).
34-21 (n) [(j)] To the extent of any conflict, this section
34-22 prevails over any other state law relating to the procurement of
34-23 goods and services except a law relating to contracting with
34-24 historically underutilized businesses or relating to the
34-25 procurement of goods and services from persons with disabilities.
34-26 (o) The Health and Human Services Commission, with the
35-1 assistance of the state auditor, shall prepare an annual report
35-2 that assesses the compliance of each health and human services
35-3 agency with the requirements imposed under this section and that
35-4 identifies any material risk to the state or to the clients of the
35-5 health and human services agency that results from the agency's
35-6 procurement and contracting practices. The commission shall file
35-7 the report with the governor, the lieutenant governor, and the
35-8 speaker of the house of representatives not later than December 15
35-9 of each year.
35-10 (p) [(k)] In this section, "health and human services
35-11 agency" has the meaning assigned by Section 531.001.
35-12 SECTION 3.11. Section 2167.004, Government Code, is amended
35-13 to read as follows:
35-14 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
35-15 AGENCIES. (a) Notwithstanding any other provision of this chapter
35-16 or of Subchapter C, Chapter 2165, the commission may not lease
35-17 office space to serve the needs of any health and human services
35-18 agency unless the Health and Human Services Commission has approved
35-19 the office space for the agency.
35-20 (b) The commission may not enter into an emergency lease to
35-21 serve the needs of a health and human services agency unless the
35-22 emergency lease is entered into under criteria adopted by the
35-23 Health and Human Services Commission in consultation with the
35-24 commission. The criteria must:
35-25 (1) encourage advance planning by the health and human
35-26 services agency to facilitate regional management of health and
36-1 human services agencies by the Health and Human Services Commission
36-2 under Section 531.0246; and
36-3 (2) ensure that the circumstances that require an
36-4 emergency lease are outside of the control of the agency and that
36-5 the agency could not reasonably have been expected to foresee the
36-6 circumstances.
36-7 (c) In this section, "health and human services agency" has
36-8 the meaning assigned by Section 531.001 [means the:]
36-9 [(1) Interagency Council on Early Childhood
36-10 Intervention Services;]
36-11 [(2) Texas Department on Aging;]
36-12 [(3) Texas Commission on Alcohol and Drug Abuse;]
36-13 [(4) Texas Commission for the Blind;]
36-14 [(5) Texas Commission for the Deaf and Hearing
36-15 Impaired;]
36-16 [(6) Texas Department of Health;]
36-17 [(7) Texas Department of Human Services;]
36-18 [(8) Texas Juvenile Probation Commission;]
36-19 [(9) Texas Department of Mental Health and Mental
36-20 Retardation;]
36-21 [(10) Texas Rehabilitation Commission; or]
36-22 [(11) Department of Protective and Regulatory
36-23 Services].
36-24 SECTION 3.12. (a) Not later than December 15, 2000, the
36-25 Health and Human Services Commission shall submit a report relating
36-26 to the delivery of mental health and substance abuse services in
37-1 this state to the governor, the lieutenant governor, the speaker of
37-2 the house of representatives, and the presiding officer of the
37-3 Health and Human Services Legislative Oversight Committee. The
37-4 report must include:
37-5 (1) a comprehensive inventory of all mental health and
37-6 substance abuse services provided by state agencies;
37-7 (2) the populations to which the services are
37-8 provided;
37-9 (3) the amount of state resources expended on the
37-10 services;
37-11 (4) a comprehensive description of interagency
37-12 coordination and collaborative initiatives related to those
37-13 services; and
37-14 (5) an assessment of whether any of those services are
37-15 redundant of other services provided by state agencies.
37-16 (b) A health and human services agency or any other state
37-17 agency that provides mental health or substance abuse services
37-18 shall provide the Health and Human Services Commission any
37-19 information, other than confidential information, requested by the
37-20 commission relating to mental health and substance abuse services
37-21 provided by the agency.
37-22 (c) This section expires December 31, 2000.
37-23 SECTION 3.13. (a) Not later than December 15, 2000, the
37-24 Health and Human Services Commission shall submit a report relating
37-25 to regulatory programs conducted by the Texas Department of Health
37-26 to the governor, the lieutenant governor, the speaker of the house
38-1 of representatives, and the presiding officer of the Health and
38-2 Human Services Legislative Oversight Committee. In preparing the
38-3 report, the commission must consider whether:
38-4 (1) health-related regulatory programs conducted by
38-5 the Texas Department of Health should be consolidated or
38-6 restructured;
38-7 (2) a new agency, similar to the Texas Department of
38-8 Licensing and Regulation, should be established to administer all
38-9 or some of the health-related regulatory programs;
38-10 (3) a new agency should be established to administer
38-11 regulatory programs related to health-related professions;
38-12 (4) a new agency should be established to regulate
38-13 health-related facilities;
38-14 (5) the duties of the Health Professions Council
38-15 should be expanded to encompass all or some of the health-related
38-16 regulatory programs; or
38-17 (6) health-related regulatory programs administered by
38-18 the Texas Department of Health should continue to be administered
38-19 by the department without consolidation or restructuring.
38-20 (b) This section expires December 31, 2000.
38-21 SECTION 3.14. (a) The Health and Human Services Commission
38-22 shall:
38-23 (1) assess the benefits of consolidating support
38-24 services provided to health and human services agencies in agency
38-25 headquarters and in regional offices; and
38-26 (2) develop a proposed plan and schedule for
39-1 colocating offices and consolidating support services in accordance
39-2 with Section 531.0246, Government Code, as added by this Act.
39-3 (b) Not later than September 1, 2000, the Health and Human
39-4 Services Commission shall report the results of the assessment,
39-5 together with the proposed plan and schedule, to the governor, the
39-6 lieutenant governor, the speaker of the house of representatives,
39-7 and the presiding officer of the Health and Human Services
39-8 Legislative Oversight Committee.
39-9 SECTION 3.15. The Health and Human Services Commission, the
39-10 General Services Commission, and the Records Management Interagency
39-11 Coordinating Council shall ensure that information about health and
39-12 human services presented in the format required by Section
39-13 531.0312, Government Code, as amended by this Act, is available for
39-14 publication in residential telephone directories to be distributed
39-15 to the public after December 1, 2000. Not later than December 31,
39-16 2000, the Health and Human Services Commission, the General
39-17 Services Commission, and the Records Management Interagency
39-18 Coordinating Council shall each report to the governor, the
39-19 lieutenant governor, the speaker of the house of representatives,
39-20 and the presiding officer of the Health and Human Services
39-21 Legislative Oversight Committee with respect to the implementation
39-22 of this section.
39-23 ARTICLE 4. INVESTIGATIONS OF ABUSE AND NEGLECT
39-24 SECTION 4.01. Subchapter B, Chapter 531, Government Code, is
39-25 amended by adding Section 531.053 to read as follows:
39-26 Sec. 531.053. INVESTIGATIONS OF ABUSE AND NEGLECT; UNIFORM
40-1 USE OF TERMS. (a) Each health and human services agency that may
40-2 be required to conduct an investigation of abuse, neglect, or
40-3 exploitation of a client of the agency at a facility operated by or
40-4 under contract with the agency shall use uniform definitions of
40-5 "abuse," "neglect," and "exploitation" adopted by the commission
40-6 under this section.
40-7 (b) The definitions of "abuse," "neglect," and
40-8 "exploitation" adopted under this section must be at least as
40-9 stringent as any definition that would otherwise be applicable to
40-10 the investigation under law.
40-11 SECTION 4.02. Section 261.401, Family Code, is amended to
40-12 read as follows:
40-13 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency
40-14 that operates, licenses, certifies, or registers a facility in
40-15 which children are located shall make a prompt, thorough
40-16 investigation of a report that a child has been or may be abused,
40-17 [or] neglected, or exploited in the facility. The primary purpose
40-18 of the investigation shall be the protection of the child.
40-19 (b) For purposes of an investigation conducted under this
40-20 section, "abuse," "neglect," and "exploitation" have the meanings
40-21 assigned by rules of the Health and Human Services Commission under
40-22 Section 531.053, Government Code. The meanings assigned to "abuse"
40-23 and "neglect" by Section 261.001 do not apply to an investigation
40-24 under this section.
40-25 (c) A state agency shall adopt rules relating to the
40-26 investigation and resolution of reports received as provided by
41-1 this subchapter. The Health and Human Services Commission shall
41-2 review and approve the rules to ensure that all agencies implement
41-3 appropriate standards for the conduct of investigations and that
41-4 uniformity exists among agencies in the investigation and
41-5 resolution of reports.
41-6 SECTION 4.03. Section 48.081, Human Resources Code, is
41-7 amended to read as follows:
41-8 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
41-9 IN COMMUNITY CENTERS. (a) The department shall receive and
41-10 investigate reports of the abuse, neglect, or exploitation of an
41-11 individual:
41-12 (1) receiving services in a facility operated by the
41-13 Texas Department of Mental Health and Mental Retardation; or
41-14 (2) being provided services through a program under
41-15 contract with a facility operated by the Texas Department of Mental
41-16 Health and Mental Retardation.
41-17 (b) The department and the Texas Department of Mental Health
41-18 and Mental Retardation shall develop joint rules to facilitate
41-19 investigations in state mental health and mental retardation
41-20 facilities.
41-21 (c) The department shall receive and investigate a report of
41-22 the alleged abuse, neglect, or exploitation of an individual
41-23 receiving services in a community center or from a program
41-24 providing services under contract with a community center.
41-25 (d) The department shall forward to a state mental health or
41-26 mental retardation facility, a community center, or a program
42-1 providing mental health or mental retardation services under
42-2 contract with such a facility or community center:
42-3 (1) a copy of any report the department receives
42-4 relating to alleged or suspected abuse, neglect, or exploitation of
42-5 an individual receiving services from that facility, community
42-6 center, or program; and
42-7 (2) a copy of the department's investigation findings
42-8 and report.
42-9 (e) The department and the Texas Department of Mental Health
42-10 and Mental Retardation by joint rules shall establish procedures
42-11 for resolving disagreements between the department and the Texas
42-12 Department of Mental Health and Mental Retardation concerning the
42-13 department's investigation findings. A confirmed investigation
42-14 finding by the department may not be changed by a superintendent of
42-15 a state mental health or mental retardation facility or a director
42-16 of a community center.
42-17 (f) After completion of the appeals process, the department
42-18 shall refer a complaint relating to an investigation conducted by
42-19 the department under this section to the department's ombudsman
42-20 office for appropriate action.
42-21 (g) If the department's investigation under this section
42-22 reveals that an elderly or disabled person has been abused by
42-23 another person in a manner that constitutes a criminal offense
42-24 under any law, including Section 22.04, Penal Code, a copy of the
42-25 investigation shall be submitted to the appropriate law enforcement
42-26 agency.
43-1 (h) The department by rule may assign priorities to an
43-2 investigation conducted by the department under this section. The
43-3 primary criterion used by the department in assigning a priority
43-4 must be the risk that a delay in the investigation will impede the
43-5 collection of evidence.
43-6 (i) The department and the Texas Department of Mental Health
43-7 and Mental Retardation shall jointly develop and implement a single
43-8 system to track reports and investigations under this section. To
43-9 facilitate implementation of the system, the department and the
43-10 Texas Department of Mental Health and Mental Retardation shall use
43-11 appropriate methods of measuring the number and outcome of reports
43-12 and investigations under this section.
43-13 (j) For purposes of an investigation conducted under this
43-14 section, "abuse," "neglect," and "exploitation" have the meanings
43-15 assigned by rules of the Health and Human Services Commission under
43-16 Section 531.053, Government Code.
43-17 (k) In this section, "community center" has the meaning
43-18 assigned by Section 531.002, Health and Safety Code.
43-19 SECTION 4.04. (a) To implement Section 531.053, Government
43-20 Code, as added by this Act, the Health and Human Services
43-21 Commission shall identify each health and human services agency
43-22 that may be required to conduct an investigation described by that
43-23 section and shall convene a working group of representatives of
43-24 those agencies. The working group shall develop proposed
43-25 definitions of "abuse," "neglect," and "exploitation" for purposes
43-26 of those investigations not later than June 1, 2000.
44-1 (b) The Health and Human Services Commission shall by rule
44-2 adopt uniform definitions of "abuse," "neglect," and "exploitation"
44-3 not later than August 1, 2000.
44-4 (c) A health and human services agency is not required to
44-5 use the uniform definitions adopted under this section before
44-6 September 1, 2000.
44-7 ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
44-8 SECTION 5.01. Sections 531.122(b), (c), and (d), Government
44-9 Code, are amended to read as follows:
44-10 (b) The advisory board is composed of one representative
44-11 from each of the health and human services regions, as defined by
44-12 the commission, three public representatives, and one
44-13 representative of the Department of Protective and Regulatory
44-14 Services. The representatives of the health and human services
44-15 regions are appointed by a majority vote of the judges of the
44-16 statutory probate courts in each region. If a health and human
44-17 services region does not contain a statutory probate court, the
44-18 representative shall be appointed by a majority vote of the judges
44-19 of the statutory probate courts in the state. The public
44-20 representatives and representative of the Department of Protective
44-21 and Regulatory Services are appointed by the Health and Human
44-22 Services Commissioner and the Board of the Department of Protective
44-23 and Regulatory Services, respectively.
44-24 (c) To be eligible for an appointment under this section, an
44-25 individual must have demonstrated experience working with:
44-26 (1) a guardianship program;
45-1 (2) an organization that advocates on behalf of or in
45-2 the interest of elderly individuals or individuals with mental
45-3 illness or mental retardation; or
45-4 (3) incapacitated individuals.
45-5 (d) A member of the advisory board serves at the pleasure of
45-6 a majority of the judges of the statutory probate courts that
45-7 appointed the member or of the Health and Human Services
45-8 Commissioner and the Board of the Department of Protective and
45-9 Regulatory Services, as appropriate.
45-10 SECTION 5.02. Subchapter D, Chapter 531, Government Code, as
45-11 added by Chapter 1033, Acts of the 75th Legislature, Regular
45-12 Session, 1997, is amended by adding Section 531.1235 to read as
45-13 follows:
45-14 Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE
45-15 GUARDIANSHIP SYSTEM. (a) In addition to performing the duties
45-16 described by Section 531.122, the advisory board shall:
45-17 (1) advise the commission and the Department of
45-18 Protective and Regulatory Services with respect to a statewide
45-19 guardianship program and develop a proposal for a statewide
45-20 guardianship program; and
45-21 (2) review and comment on the guardianship policies of
45-22 all health and human services agencies and recommend changes to the
45-23 policies the advisory board considers necessary or advisable.
45-24 (b) The advisory board shall prepare an annual report with
45-25 respect to the recommendations of the advisory board under
45-26 Subsection (a). The advisory board shall file the report with the
46-1 commission, the Department of Protective and Regulatory Services,
46-2 the governor, the lieutenant governor, and the speaker of the house
46-3 of representatives not later than December 15 of each year.
46-4 SECTION 5.03. Section 531.124, Government Code, is amended
46-5 by adding Subsection (c) to read as follows:
46-6 (c) The advisory board shall annually review and comment on
46-7 the minimum standards adopted under Subsection (a)(1) and the plan
46-8 implemented under Subsection (a)(2) and shall include its
46-9 conclusions in the report submitted under Section 531.1235.
46-10 SECTION 5.04. Not later than October 1, 1999, the Board of
46-11 Protective and Regulatory Services shall appoint the additional
46-12 members of the Guardianship Advisory Board, as required by Section
46-13 531.122, Government Code, as amended by this Act.
46-14 ARTICLE 6. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
46-15 SECTION 6.01. Subchapter B, Chapter 481, Government Code, is
46-16 amended by adding Section 481.025 to read as follows:
46-17 Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY
46-18 PROGRAM. The department is the agency of this state responsible
46-19 for administering the Empowerment Zone and Enterprise Community
46-20 grant program in this state. The department shall cooperate with
46-21 appropriate federal and local agencies as necessary to administer
46-22 the grant program.
46-23 SECTION 6.02. Effective January 1, 2000, administration of
46-24 the Empowerment Zone and Enterprise Community grant program in this
46-25 state is transferred from the Health and Human Services Commission
46-26 to the Texas Department of Economic Development. The commissioner
47-1 of health and human services and the governing board of the Texas
47-2 Department of Economic Development shall enter into a memorandum of
47-3 understanding as necessary to implement the transfer required by
47-4 this section.
47-5 ARTICLE 7. HEALTH CARE INFORMATION COUNCIL
47-6 SECTION 7.01. Section 531.001(4), Government Code, is
47-7 amended to read as follows:
47-8 (4) "Health and human services agencies" includes the:
47-9 (A) Interagency Council on Early Childhood
47-10 Intervention [Services];
47-11 (B) Texas Department on Aging;
47-12 (C) Texas Commission on Alcohol and Drug Abuse;
47-13 (D) Texas Commission for the Blind;
47-14 (E) Texas Commission for the Deaf and Hard of
47-15 Hearing;
47-16 (F) Texas Department of Health;
47-17 (G) Texas Department of Human Services;
47-18 (H) Texas Juvenile Probation Commission;
47-19 (I) Texas Department of Mental Health and Mental
47-20 Retardation;
47-21 (J) Texas Rehabilitation Commission; [and]
47-22 (K) Department of Protective and Regulatory
47-23 Services; and
47-24 (L) Texas Health Care Information Council.
47-25 SECTION 7.02. Section 108.002(4), Health and Safety Code, is
47-26 amended to read as follows:
48-1 (4) "Data" means information collected under Section
48-2 108.0065 or 108.009 in the form initially received.
48-3 SECTION 7.03. Chapter 108, Health and Safety Code, is
48-4 amended by adding Section 108.0065 to read as follows:
48-5 Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO
48-6 MEDICAID MANAGED CARE. (a) In this section:
48-7 (1) "Commission" means the Health and Human Services
48-8 Commission.
48-9 (2) "Medicaid managed care organization" means a
48-10 managed care organization, as defined by Section 533.001,
48-11 Government Code, that is contracting with the commission to
48-12 implement the Medicaid managed care program under Chapter 533,
48-13 Government Code.
48-14 (b) The council, in consultation with the commission, shall
48-15 collect data under this chapter with respect to Medicaid managed
48-16 care organizations. The council may coordinate the collection of
48-17 the data with the collection of data for health benefit plan
48-18 providers, but may collect data in addition to the data otherwise
48-19 required of health benefit plan providers.
48-20 (c) Each Medicaid managed care organization shall provide
48-21 the data required by the council in the form required by the
48-22 council.
48-23 (d) Dissemination of data collected under this section is
48-24 subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014,
48-25 and 108.0141.
48-26 (e) The council, in consultation with the commission, shall
49-1 analyze the data collected in accordance with this section and
49-2 shall use the data to:
49-3 (1) evaluate the effectiveness and efficiency of the
49-4 Medicaid managed care system;
49-5 (2) determine the extent to which Medicaid managed
49-6 care does or does not serve the needs of Medicaid recipients in
49-7 this state; and
49-8 (3) assess the cost-effectiveness of the Medicaid
49-9 managed care system in comparison to the fee-for-service system,
49-10 considering any improvement in the quality of care provided.
49-11 (f) Not later than December 15 of each even-numbered year,
49-12 the council shall report to the commission, the governor, the
49-13 lieutenant governor, and the speaker of the house of
49-14 representatives with respect to:
49-15 (1) the council's conclusions under Subsection (e) and
49-16 any improvement made in the delivery of services under the Medicaid
49-17 managed care system since the date of the council's last report
49-18 under this section;
49-19 (2) recommendations for implementation by the state
49-20 agencies operating the Medicaid managed care system for improvement
49-21 to the Medicaid managed care system; and
49-22 (3) any recommendations for legislation.
49-23 (g) The report made under Subsection (f) may be consolidated
49-24 with any report made under Section 108.006(a)(9).
49-25 SECTION 7.04. Not later than December 15, 1999, the Texas
49-26 Health Care Information Council, in consultation with the Health
50-1 and Human Services Commission and the presiding officer of the
50-2 Health and Human Services Legislative Oversight Committee, shall
50-3 develop a plan for implementing the council's duties under Section
50-4 108.0065, Health and Safety Code, as added by this Act.
50-5 ARTICLE 8. LEGISLATIVE OVERSIGHT
50-6 SECTION 8.01. Chapter 531, Government Code, is amended by
50-7 adding Subchapter E to read as follows:
50-8 SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
50-9 Sec. 531.171. DEFINITION. In this subchapter, "committee"
50-10 means the Health and Human Services Legislative Oversight
50-11 Committee.
50-12 Sec. 531.172. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
50-13 (a) The committee is composed of:
50-14 (1) five persons appointed by the lieutenant governor
50-15 as follows:
50-16 (A) four persons who are members of the senate
50-17 or the lieutenant governor; and
50-18 (B) one member of the public; and
50-19 (2) five persons appointed by the speaker of the house
50-20 of representatives as follows:
50-21 (A) four members of the house of
50-22 representatives, one of whom may be the speaker of the house of
50-23 representatives; and
50-24 (B) one member of the public.
50-25 (b) A member of the committee serves at the pleasure of the
50-26 appointing official.
51-1 (c) The lieutenant governor and the speaker of the house of
51-2 representatives shall designate, from the committee members, the
51-3 presiding officer of the committee on an alternating basis. The
51-4 presiding officer shall serve in that capacity for a two-year
51-5 period expiring February 1 of each odd-numbered year.
51-6 Sec. 531.173. COMMITTEE POWERS AND DUTIES. (a) The
51-7 committee shall:
51-8 (1) meet at the call of the presiding officer;
51-9 (2) monitor the commission's implementation of Section
51-10 531.0055 and the commission's other duties in consolidating and
51-11 integrating health and human services to ensure implementation
51-12 consistent with law;
51-13 (3) recommend, as needed, adjustments to the
51-14 implementation of Section 531.0055 and the commission's other
51-15 duties in consolidating and integrating health and human services;
51-16 (4) collect, analyze, and report information relating
51-17 to the health and human services system in this state, including
51-18 information relating to statewide health and human services needs;
51-19 and
51-20 (5) hold meetings and take public testimony in
51-21 different regions of the state to ensure input from the public and
51-22 appropriate advocacy groups in the implementation of Section
51-23 531.0055 and the commission's other duties in consolidating and
51-24 integrating health and human services.
51-25 (b) At the committee's request, the commission shall
51-26 provide:
52-1 (1) staff and resources to support the committee,
52-2 including sufficient resources to analyze the committee's
52-3 recommendations with respect to the health and human services
52-4 system and to propose additional changes consistent with the
52-5 objectives and directives of the committee;
52-6 (2) information as requested by the committee; and
52-7 (3) an annual plan that addresses the topics
52-8 identified by the committee.
52-9 (c) At the committee's request, a health and human services
52-10 agency shall:
52-11 (1) provide information to the committee relating to
52-12 the health and human services system; and
52-13 (2) report on agency progress in implementing
52-14 statutory directives identified by the committee and the directives
52-15 of the commission.
52-16 (d) The committee may also use staff of standing committees
52-17 in the senate and the house of representatives with appropriate
52-18 jurisdiction, the Department of Information Resources, the state
52-19 auditor, the Texas Legislative Council, and the Legislative Budget
52-20 Board in carrying out its responsibilities.
52-21 Sec. 531.174. REPORT. (a) The committee shall report to
52-22 the governor, the lieutenant governor, and the speaker of the house
52-23 of representatives not later than December 31 of each year.
52-24 (b) The report must include:
52-25 (1) identification of significant problems in the
52-26 implementation of Section 531.0055 and the commission's other
53-1 duties in consolidating and integrating health and human services,
53-2 with recommendations for action by the commissioner;
53-3 (2) the status of the implementation of Section
53-4 531.0055 and the commission's other duties in consolidating and
53-5 integrating health and human services; and
53-6 (3) recommendations for legislative action, including
53-7 legislation to further consolidate health and human services agency
53-8 functions as appropriate.
53-9 Sec. 531.175. DURATION OF COMMITTEE. The committee is
53-10 abolished September 1, 2001.
53-11 ARTICLE 9. REPEALER; EFFECTIVE DATE; EMERGENCY
53-12 SECTION 9.01. The following laws are repealed:
53-13 (1) Section 441.053(k), Government Code; and
53-14 (2) Section 531.0272, Government Code.
53-15 SECTION 9.02. This Act takes effect September 1, 1999.
53-16 SECTION 9.03. The importance of this legislation and the
53-17 crowded condition of the calendars in both houses create an
53-18 emergency and an imperative public necessity that the
53-19 constitutional rule requiring bills to be read on three several
53-20 days in each house be suspended, and this rule is hereby suspended.