By: Zaffirini S.B. No. 374
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of certain long-term care services, to
1-2 the continuation and functions of the Texas Department on Aging,
1-3 and to the eventual consolidation of the Texas Department of Human
1-4 Services and the Texas Department on Aging into a new agency on
1-5 aging and disability services.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. LONG-TERM CARE SERVICES; TEXAS DEPARTMENT ON AGING
1-8 SECTION 1.01. Subchapter B, Chapter 531, Government Code, is
1-9 amended by adding Section 531.02481 to read as follows:
1-10 Sec. 531.02481. COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY
1-11 SYSTEMS FOR LONG-TERM CARE SERVICES. (a) The commission, the
1-12 Texas Department of Human Services, and the Texas Department on
1-13 Aging shall assist communities in this state in developing
1-14 comprehensive, community-based support and service delivery systems
1-15 for long-term care services. At the request of a community, the
1-16 commission shall provide resources and assistance to the community
1-17 to enable the community to:
1-18 (1) identify and overcome institutional barriers to
1-19 developing more comprehensive community support systems, including
1-20 barriers that result from the policies and procedures of state
1-21 health and human services agencies;
1-22 (2) develop a system of blended funds to allow the
1-23 community to customize services to fit individual community needs;
1-24 and
2-1 (3) develop a local system of access and assistance to
2-2 aid clients in accessing the full range of long-term care services.
2-3 (b) At the request of the commission, a health and human
2-4 services agency shall provide resources and assistance to a
2-5 community as necessary to perform the commission's duties under
2-6 Subsection (a).
2-7 (c) A health and human services agency that receives or
2-8 develops a proposal for a community initiative shall submit the
2-9 initiative to the commission for review and approval. The
2-10 commission shall review the initiative to ensure that the
2-11 initiative is consistent with other similar programs offered in
2-12 communities and does not duplicate other services provided in the
2-13 community.
2-14 (d) In implementing this section, the commission shall
2-15 consider models used in other service delivery systems.
2-16 (e) The commissioner shall assure the maintenance of no
2-17 fewer than 28 area agencies on aging in order to assure the
2-18 continuation of a local system of access and assistance that is
2-19 sensitive to the aging population.
2-20 (f) A community-based organization or a combination of
2-21 organizations may make a proposal under this section. A
2-22 community-based organization includes:
2-23 (1) an area agency on aging;
2-24 (2) an independent living center;
2-25 (3) a municipality, county, or other local government;
2-26 or
3-1 (4) a nonprofit organization.
3-2 SECTION 1.02. Chapter 22, Human Resources Code, is amended
3-3 by adding Section 22.034 to read as follows:
3-4 Sec. 22.034. WORK GROUP ON LONG-TERM CARE SERVICES. (a) In
3-5 this section, "long-term care services" includes community care
3-6 services and support, and services provided by nursing facilities,
3-7 assisted living facilities, group homes, intermediate care
3-8 facilities for persons with mental retardation, and other
3-9 institutional care facilities.
3-10 (b) A work group is created to assist the department and the
3-11 Texas Department of Mental Health and Mental Retardation in
3-12 studying coordination of planning and services between the two
3-13 agencies in providing long-term care services.
3-14 (c) The work group is composed of the following 18 members:
3-15 (1) two representatives of the department, appointed
3-16 by the commissioner;
3-17 (2) two representatives of the Texas Department of
3-18 Mental Health and Mental Retardation, appointed by the commissioner
3-19 of mental health and mental retardation;
3-20 (3) two representatives of the Texas Department on
3-21 Aging, appointed by the executive director of aging;
3-22 (4) one representative of the Health and Human
3-23 Services Commission, appointed by the commissioner of health and
3-24 human services;
3-25 (5) three consumers of long-term care services,
3-26 jointly appointed by the commissioner and the commissioner of
4-1 mental health and mental retardation;
4-2 (6) two advocates for elderly individuals, appointed
4-3 by the commissioner;
4-4 (7) two advocates for persons with disabilities,
4-5 appointed by the commissioner;
4-6 (8) two advocates for people with mental retardation
4-7 and mental illness, appointed by the commissioner of mental health
4-8 and mental retardation; and
4-9 (9) two long-term care services providers, jointly
4-10 appointed by the commissioner and the commissioner of mental health
4-11 and mental retardation.
4-12 (d) A member of the work group serves at the will of the
4-13 appointing agency.
4-14 (e) The members of the work group shall elect a presiding
4-15 officer and any other necessary officers.
4-16 (f) The work group shall meet at the call of the presiding
4-17 officer.
4-18 (g) A member of the work group receives no additional
4-19 compensation for serving on the work group. Persons serving on the
4-20 work group shall be reimbursed for travel and other expenses
4-21 necessary for participation as provided in the General
4-22 Appropriations Act.
4-23 (h) The work group shall study and report on coordination of
4-24 planning and services between the department and the Texas
4-25 Department of Mental Health and Mental Retardation in providing
4-26 long-term care services. As part of its study and report on
5-1 coordination, the work group shall also study and make
5-2 recommendations on the development of consistent and standardized:
5-3 (1) regulation of residential and community long-term
5-4 care services;
5-5 (2) rate-setting processes for long-term care
5-6 providers and services;
5-7 (3) contractor monitoring for long-term care providers
5-8 and services;
5-9 (4) intake, assessment, referral, and coordinated case
5-10 management procedures for long-term care services; and
5-11 (5) administration of the In-Home and Family Support
5-12 Program operated by the department and the Texas Department of
5-13 Mental Health and Mental Retardation.
5-14 (i) The work group shall report annually to the
5-15 commissioner, the commissioner of health and human services, and
5-16 the commissioner of mental health and mental retardation. The
5-17 report must include any recommendations on subjects the work group
5-18 has studied.
5-19 (j) The work group is not subject to Chapter 2110,
5-20 Government Code.
5-21 SECTION 1.03. Chapter 113, Human Resources Code, is
5-22 transferred to Chapter 22, Human Resources Code, is redesignated as
5-23 Section 22.035, Human Resources Code, and is amended to read as
5-24 follows:
6-1 [CHAPTER 113. PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED
6-2 INDIVIDUALS AND THEIR PARENTS]
6-3 Sec. 22.035 [113.001]. PROGRAMS FOR DEAF-BLIND
6-4 MULTIHANDICAPPED INDIVIDUALS AND THEIR PARENTS. (a) The
6-5 department [commission] shall establish programs to serve
6-6 deaf-blind multihandicapped individuals by helping them attain
6-7 self-sufficiency and independent living.
6-8 (b) The department [commission] shall establish a program of
6-9 parental counseling for the parents of deaf-blind multihandicapped
6-10 individuals. The counseling program may be provided on an
6-11 individual or group basis and must include programs, activities,
6-12 and services necessary to foster greater understanding and to
6-13 improve relationships among professionals, parents, and deaf-blind
6-14 multihandicapped individuals.
6-15 (c) The department [commission] shall establish a summer
6-16 outdoor training program for deaf-blind multihandicapped
6-17 individuals. The outdoor training program must be designed to help
6-18 meet the unique needs of deaf-blind multihandicapped individuals
6-19 for the purpose of broadening their educational experiences and
6-20 improving their ability to function more independently.
6-21 (d) The department [commission] shall establish regulations
6-22 for implementing and administering the programs.
6-23 (e) The department [commission] may contract for services or
6-24 goods with private or public entities for purposes of this section.
6-25 (f) From information collected from the programs, the
6-26 department [commission] shall determine the need for related future
7-1 services and the most efficient and effective method of delivering
7-2 the future services.
7-3 SECTION 1.04. Section 101.001, Human Resources Code, is
7-4 amended to read as follows:
7-5 Sec. 101.001. DEPARTMENT AND BOARD ON AGING. (a) The Texas
7-6 Department on Aging is created.
7-7 (b) The Texas Board on Aging is created as the governing
7-8 body of the Texas Department on Aging. The board is composed of
7-9 nine members appointed by the governor with the advice and consent
7-10 of the senate. Appointments to the board shall be made without
7-11 regard to the race, color, handicap, sex, religion, age, or
7-12 national origin of the appointees. To be eligible for appointment
7-13 to the board, a person must have demonstrated an interest in and
7-14 knowledge of the problems of aging and must be a member of the
7-15 general public. The members must include the following:
7-16 (1) an expert in gerontology;
7-17 (2) a medical professional;
7-18 (3) a consumer advocate; and
7-19 (4) three members of the general public.
7-20 (c) A person is not eligible for appointment as a public
7-21 member if the person or the person's spouse:
7-22 (1) is employed by or participates in the management
7-23 of a business entity or other organization regulated by or
7-24 receiving funds from the department;
7-25 (2) owns, controls, or has, directly or indirectly,
7-26 more than a 10 percent interest in a business entity or other
8-1 organization regulated by or receiving funds from the department;
8-2 or
8-3 (3) uses or receives a substantial amount of tangible
8-4 goods, services, or funds from the department.
8-5 (d) [(c)] Members of the board serve for staggered terms of
8-6 six years with the terms of three members expiring on February 1 of
8-7 each odd-numbered year. A member may be reappointed to the board.
8-8 (e) [(d)] Members of the board may receive the compensatory
8-9 per diem authorized by the General Appropriations Act for each day
8-10 spent engaged in the performance of their official duties. Board
8-11 members are entitled to reimbursement for actual travel expenses
8-12 incurred in the performance of their duties.
8-13 (f) [(e) The board shall hold meetings quarterly and may
8-14 hold other meetings called by the chairman.] The board shall
8-15 develop and implement policies that [will] provide the public with
8-16 a reasonable opportunity to appear before the board and to speak on
8-17 any issue under the jurisdiction of the department [board].
8-18 SECTION 1.05. Section 101.0011, Human Resources Code, is
8-19 amended to read as follows:
8-20 Sec. 101.0011. REMOVAL OF BOARD MEMBERS. (a) It is a
8-21 ground for removal from the board that [if] a member:
8-22 (1) does not have at the time of taking office
8-23 [appointment] the qualifications required by [Subsection (b) of]
8-24 Section 101.001(b) [101.001 of this code for appointment to the
8-25 board];
8-26 (2) does not maintain during [the] service on the
9-1 board the qualifications required by [Subsection (b) of] Section
9-2 101.001(b) [101.001 for appointment to the board];
9-3 (3) is ineligible for membership under [violates a
9-4 prohibition established by] Section 101.0031 [of this code];
9-5 (4) cannot, because of illness or disability, [is
9-6 unable to] discharge the member's [his] duties for a substantial
9-7 part [portion] of the member's term [for which he was appointed
9-8 because of illness or disability]; or
9-9 (5) is absent from more than half of the regularly
9-10 scheduled board meetings that the member is eligible to attend
9-11 during a [each] calendar year without an excuse approved[, except
9-12 when the absence is excused] by a majority vote of the board.
9-13 (b) The validity of an action of the board is not affected
9-14 by the fact that it is [was] taken when a ground for removal of a
9-15 board member exists [of the board existed].
9-16 (c) If the executive director has knowledge that a potential
9-17 ground for removal exists, the executive director [he] shall notify
9-18 the presiding officer [chairman] of the board of the potential
9-19 ground. The presiding officer [chairman of the board] shall then
9-20 notify the governor and the attorney general that a potential
9-21 ground for removal exists. If the potential ground for removal
9-22 involves the presiding officer, the executive director shall notify
9-23 the next highest ranking officer of the board, who shall then
9-24 notify the governor and the attorney general that a potential
9-25 ground for removal exists.
9-26 SECTION 1.06. Subchapter A, Chapter 101, Human Resources
10-1 Code, is amended by adding Section 101.0012 to read as follows:
10-2 Sec. 101.0012. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
10-3 person who is appointed to and qualifies for office as a member of
10-4 the board may not vote, deliberate, or be counted as a member in
10-5 attendance at a meeting of the board until the person completes a
10-6 training program that complies with this section.
10-7 (b) The training program must provide the person with
10-8 information regarding:
10-9 (1) the legislation that created the department and
10-10 the board;
10-11 (2) the federal Older Americans Act of 1965 (42 U.S.C.
10-12 Section 3001 et seq.) and its subsequent amendments;
10-13 (3) the programs operated by the department;
10-14 (4) the role and functions of the department;
10-15 (5) the rules of the department, with an emphasis on
10-16 the rules that relate to disciplinary and investigatory authority;
10-17 (6) the current budget for the department;
10-18 (7) the results of the most recent formal audit of the
10-19 department;
10-20 (8) a history of funding sources for long-term care
10-21 services;
10-22 (9) the independent living philosophy;
10-23 (10) the requirements of:
10-24 (A) the open meetings law, Chapter 551,
10-25 Government Code;
10-26 (B) the public information law, Chapter 552,
11-1 Government Code;
11-2 (C) the administrative procedure law, Chapter
11-3 2001, Government Code; and
11-4 (D) other laws relating to public officials,
11-5 including conflict-of-interest laws; and
11-6 (11) any applicable ethics policies adopted by the
11-7 department or the Texas Ethics Commission.
11-8 (c) A person appointed to the board is entitled to
11-9 reimbursement, as provided by the General Appropriations Act, for
11-10 the travel expenses incurred in attending the training program
11-11 regardless of whether the attendance at the program occurs before
11-12 or after the person qualifies for office.
11-13 SECTION 1.07. Section 101.002, Human Resources Code, is
11-14 amended to read as follows:
11-15 Sec. 101.002. SUNSET PROVISION. The Texas Department on
11-16 Aging is subject to Chapter 325, Government Code (Texas Sunset
11-17 Act). Unless continued in existence as provided by that chapter,
11-18 the department is abolished and this chapter expires September 1,
11-19 2004 [1999].
11-20 SECTION 1.08. Section 101.003, Human Resources Code, is
11-21 amended to read as follows:
11-22 Sec. 101.003. PRESIDING OFFICER [CHAIRMAN OF THE BOARD].
11-23 (a) The governor shall designate a presiding officer [chairman] of
11-24 the board from among the members.
11-25 (b) A member holds the position of presiding officer
11-26 [chairman] at the pleasure of the governor.
12-1 SECTION 1.09. Section 101.0031, Human Resources Code, is
12-2 amended to read as follows:
12-3 Sec. 101.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND
12-4 EMPLOYMENT. (a) In this section, "Texas trade association" means
12-5 a cooperative and voluntarily joined association of business or
12-6 professional competitors in this state designed to assist its
12-7 members and its industry or profession in dealing with mutual
12-8 business or professional problems and in promoting their common
12-9 interest.
12-10 (b) A person [An officer, employee, or paid consultant of an
12-11 association that has as its primary interest the provision of
12-12 services to or other matters relating to the aged] may not be a
12-13 member [or employee] of the board and may not be a department
12-14 employee employed in a "bona fide executive, administrative, or
12-15 professional capacity," as that phrase is used for purposes of
12-16 establishing an exemption to the overtime provisions of the federal
12-17 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
12-18 and its subsequent amendments, if:
12-19 (1) the person is[, nor may a person who cohabits with
12-20 or is the spouse of] an officer, [managerial] employee, or paid
12-21 consultant of a Texas trade [such an] association in the field of
12-22 aging; or
12-23 (2) the person's spouse is an officer, manager, or
12-24 paid consultant of a Texas trade association in the field of aging
12-25 [be a member of the board or an employee of the board grade 17 or
12-26 over, including exempt employees, according to the position
13-1 classification schedule under the General Appropriations Act].
13-2 (c) [(b)] A person [who is required to register as a
13-3 lobbyist under Chapter 305, Government Code, by virtue of his
13-4 activities on behalf of a provider of services to the aged,] may
13-5 not be [serve as] a member of the board or act as the general
13-6 counsel to the board or the department if the person is required to
13-7 register as a lobbyist under Chapter 305, Government Code, because
13-8 of the person's activities for compensation on behalf of a
13-9 profession related to the operation of the department.
13-10 SECTION 1.10. Subsection (d), Section 101.0061, Human
13-11 Resources Code, is amended to read as follows:
13-12 (d) The executive director or the executive director's
13-13 designee [board] shall provide to [its] members of the board and to
13-14 the agency [department] employees, as often as [is] necessary,
13-15 information regarding the requirements for office or employment
13-16 [their qualifications] under this chapter, including information
13-17 regarding a person's [and their] responsibilities under applicable
13-18 laws relating to standards of conduct for state officers or
13-19 employees.
13-20 SECTION 1.11. Section 101.022, Human Resources Code, is
13-21 amended to read as follows:
13-22 Sec. 101.022. GENERAL FUNCTIONS OF DEPARTMENT. (a) The
13-23 department shall provide expertise and advice to state agencies and
13-24 the legislature and other elected officials on aging issues,
13-25 including recommendations to meet the needs of this state's
13-26 elderly population.
14-1 (b) The department shall develop and strengthen the services
14-2 available for the aged in the state by coordinating services
14-3 provided by governmental and private agencies and facilities.
14-4 (c) [(b)] The department shall extend and expand services
14-5 for the aged by coordinating the interest and efforts of local
14-6 communities in studying the problems of the aged citizens of this
14-7 state.
14-8 (d) [(c)] The department shall encourage, promote, and aid
14-9 in the establishment of area agencies on aging for the development
14-10 of programs and services on a local level that improve the living
14-11 conditions of the aged by enabling them to more fully enjoy and
14-12 participate in family and community life.
14-13 (e) [(d)] The department shall sponsor voluntary community
14-14 rehabilitation and recreational facilities to improve the general
14-15 welfare of the aged.
14-16 (f) [(e)] The department, through the executive director of
14-17 aging, shall cooperate with state and federal agencies and other
14-18 organizations in conducting studies and surveys on the special
14-19 problems of the aged in matters such as mental and physical health,
14-20 housing, family relationships, employment, income, vocational
14-21 rehabilitation, recreation, transportation, insurance, legal
14-22 rights, and education. The department shall make appropriate
14-23 reports and recommendations to the governor and to state and
14-24 federal agencies.
14-25 (g) The department shall conduct research and long-range
14-26 planning regarding long-term care, community care, and other issues
15-1 that affect elderly individuals.
15-2 (h) The department shall make recommendations to the
15-3 governor, the legislature, and state agencies regarding:
15-4 (1) opportunities to coordinate programs for elderly
15-5 individuals;
15-6 (2) unnecessary duplication in providing services to
15-7 elderly individuals; and
15-8 (3) gaps in services to elderly individuals.
15-9 (i) The department shall cooperate with the Texas Department
15-10 of Housing and Community Affairs to provide affordable housing for
15-11 elderly individuals and for families in which an elderly individual
15-12 is head of the household and shall:
15-13 (1) assess the need for housing for elderly
15-14 individuals and for families in which an elderly individual is head
15-15 of the household in different localities;
15-16 (2) set standards relating to the design and
15-17 construction of housing for elderly individuals;
15-18 (3) provide planning assistance to builders; and
15-19 (4) publicize the availability of the housing program
15-20 to potential developers and residents.
15-21 SECTION 1.12. Subsections (a) and (d), Section 101.024,
15-22 Human Resources Code, are amended to read as follows:
15-23 (a) The department shall disburse state funds appropriated
15-24 for the purpose to local public agencies or private, nonprofit
15-25 corporations that operate programs to recruit elderly [retired]
15-26 persons to perform voluntary community services or that operate
16-1 programs under the National Senior Service Corps [Foster
16-2 Grandparent Programs].
16-3 (d) State funds disbursed under this section may not be used
16-4 to pay compensation to volunteer workers, except for participants
16-5 in the Foster Grandparent and Senior Companion Programs, or for
16-6 purposes other than financing the operation or administration of
16-7 the volunteer programs, but it may be used to defray expenses
16-8 incurred by volunteers in the performance of volunteer work. The
16-9 board by rules may further limit the purposes for which the state
16-10 money may be spent.
16-11 SECTION 1.13. Section 101.0255, Human Resources Code, is
16-12 amended to read as follows:
16-13 Sec. 101.0255. SERVICE STANDARDS AND AGREEMENTS. (a) The
16-14 department and the Texas Department of Human Services, with the
16-15 approval of the Health and Human Services Commission, shall work to
16-16 ensure consistency in service standards, reimbursement rates,
16-17 contract terms, and performance standards used by the respective
16-18 agency in the provision of the same or substantially similar
16-19 services under a community program on aging under Subchapter III,
16-20 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or
16-21 the Options for Independent Living program and a community care
16-22 program of the Texas Department of Human Services.
16-23 (b) The [Not later than January 1, 1994, the] department and
16-24 the Texas Department of Human Services, in accordance with federal
16-25 law, including the Older Americans Act of 1965 (42 U.S.C. Section
16-26 3001 et seq.), shall enter into an agreement that allows an area
17-1 agency on aging to[:]
17-2 [(1)] jointly contract with a service provider that is
17-3 under contract with the Texas Department of Human Services to
17-4 provide services under a community care program.[; and]
17-5 (c) If cost-effective, the department shall [(2)] use the
17-6 billing system and audit procedures of the Texas Department of
17-7 Human Services to eliminate unnecessary duplication and to secure
17-8 reduced rates through economies of scale. If required by the Texas
17-9 Department of Human Services, the department shall reimburse the
17-10 Texas Department of Human Services through an interagency contract
17-11 for the cost of any use.
17-12 (d) The department and the Texas Department of Human
17-13 Services shall coordinate the monitoring of providers who contract
17-14 with the respective agency to provide the same or a substantially
17-15 similar service.
17-16 SECTION 1.14. Subchapter B, Chapter 101, Human Resources
17-17 Code, is amended by adding Section 101.0256 to read as follows:
17-18 Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. The
17-19 department and the Texas Department of Human Services shall develop
17-20 standardized assessment procedures to share information on common
17-21 clients served in a similar service region.
17-22 SECTION 1.15. Subchapter B, Chapter 101, Human Resources
17-23 Code, is amended by adding Section 101.033 to read as follows:
17-24 Sec. 101.033. OLDER AMERICANS ACT; STATE PLAN. (a) The
17-25 department and the Texas Department of Human Services shall jointly
17-26 develop this state's plan on aging, as required by the federal
18-1 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and
18-2 its subsequent amendments.
18-3 (b) The department and the Texas Department of Human
18-4 Services shall jointly conduct a statewide needs assessment for
18-5 long-term care services. The assessment shall include input from:
18-6 (1) area agencies on aging;
18-7 (2) regional and local state agency staff; and
18-8 (3) community-based organizations.
18-9 SECTION 1.16. Subchapter B, Chapter 531, Government Code, is
18-10 amended by adding Section 531.0235 to read as follows:
18-11 Sec. 531.0235. BIENNIAL DISABILITY REPORTS. (a) The
18-12 commissioner shall direct and require the Texas Planning Council
18-13 for Developmental Disabilities and the Office for the Prevention of
18-14 Developmental Disabilities to prepare a joint biennial report on
18-15 the state of services to persons with disabilities in this state.
18-16 Not later than December 1 of each even-numbered year, the agencies
18-17 shall submit the report to the commissioner, governor, lieutenant
18-18 governor, and speaker of the house of representatives.
18-19 (b) The commission, Texas Department of Human Services, and
18-20 other health and human services agencies shall cooperate with the
18-21 agencies required to prepare the report under Subsection (a).
18-22 SECTION 1.17. (a) On September 1, 1999, the licensing and
18-23 regulation of home and community support services agencies and home
18-24 health medication aides under Chapter 142, Health and Safety Code,
18-25 and the certification of home and community support services
18-26 agencies on behalf of the United States Department of Health and
19-1 Human Services for purposes of participation in the Medicare
19-2 program are transferred from the Texas Department of Health to the
19-3 Texas Department of Human Services.
19-4 (b) On September 1, 1999, all funds, obligations, and
19-5 contracts of the Texas Department of Health related to a function
19-6 listed in Subsection (a) of this section are transferred to the
19-7 Texas Department of Human Services.
19-8 (c) On September 1, 1999, all property and records in the
19-9 custody of the Texas Department of Health related to a function
19-10 listed in Subsection (a) of this section and all funds appropriated
19-11 by the legislature to the Texas Department of Health for a function
19-12 listed in Subsection (a) of this section are transferred to the
19-13 Texas Department of Human Services.
19-14 (d) On September 1, 1999, all employees of the Texas
19-15 Department of Health who perform duties related to a function
19-16 listed in Subsection (a) of this section become employees of the
19-17 Texas Department of Human Services, to be assigned duties by the
19-18 commissioner of human services.
19-19 (e) A rule or form adopted by the Texas Department of Health
19-20 that relates to a function listed in Subsection (a) of this section
19-21 is a rule or form of the Texas Department of Human Services and
19-22 remains in effect until altered by the department. The secretary
19-23 of state is authorized to adopt rules as necessary to expedite the
19-24 implementation of this subsection.
19-25 (f) The transfer of the functions listed in Subsection (a)
19-26 of this section does not affect or impair any act done, any
20-1 obligation, right, order, license, permit, rule, criterion,
20-2 standard, or requirement existing, any investigation begun, or any
20-3 penalty accrued under former law, and that law remains in effect
20-4 for any action concerning those matters.
20-5 (g) An action brought or proceeding commenced before the
20-6 transfer required by this section is effected, including a
20-7 contested case or a remand of an action or proceeding by a
20-8 reviewing court, is governed by the law and rules applicable to the
20-9 action or proceeding before the date of the transfer.
20-10 (h) After the transfer required by this section is effected,
20-11 a reference in law to the Texas Department of Health or the Texas
20-12 Board of Health that relates to a function listed in Subsection (a)
20-13 of this section means the Texas Department of Human Services and
20-14 the Texas Board of Human Services, respectively.
20-15 SECTION 1.18. (a) On September 1, 1999:
20-16 (1) all functions and activities relating to the
20-17 following programs assigned to or performed by the Texas
20-18 Rehabilitation Commission immediately before that date are
20-19 transferred to the Texas Department of Human Services:
20-20 (A) blind/deaf/multiple disability waiver
20-21 program;
20-22 (B) personal attendant services program; and
20-23 (C) the voucher payment pilot project program
20-24 established under Section 22.032, Human Resources Code, as added by
20-25 Chapter 1094, Acts of the 75th Legislature, Regular Session, 1997,
20-26 and Section 22.033, Human Resources Code;
21-1 (2) all employees of the Texas Rehabilitation
21-2 Commission who primarily perform duties related to a program listed
21-3 in Subdivision (1) of this subsection become employees of the Texas
21-4 Department of Human Services, to be assigned duties by the
21-5 commissioner of that department;
21-6 (3) a rule or form adopted by the Texas Rehabilitation
21-7 Commission that relates to a program listed in Subdivision (1) of
21-8 this subsection is a rule or form of the Texas Department of Human
21-9 Services and remains in effect until altered by the agency;
21-10 (4) a reference in law or an administrative rule to
21-11 the Texas Rehabilitation Commission that relates to a program
21-12 listed in Subdivision (1) of this subsection means the Texas
21-13 Department of Human Services;
21-14 (5) a license, permit, or certification in effect that
21-15 was issued by the Texas Rehabilitation Commission for a program
21-16 listed in Subdivision (1) of this subsection is continued in effect
21-17 as a license, permit, or certification of the Texas Department of
21-18 Human Services; and
21-19 (6) a complaint, investigation, or other proceeding
21-20 pending before the Texas Rehabilitation Commission that is related
21-21 to a program listed in Subdivision (1) of this subsection is
21-22 transferred without change in status to the Texas Department of
21-23 Human Services.
21-24 (b) On October 1, 1999:
21-25 (1) all funds, obligations, and contracts of the Texas
21-26 Rehabilitation Commission related to a program listed in Subsection
22-1 (a) of this section are transferred to the Texas Department of
22-2 Human Services; and
22-3 (2) all property and records in the custody of the
22-4 Texas Rehabilitation Commission related to a program listed in
22-5 Subsection (a) of this section and all funds appropriated by the
22-6 legislature for a program listed in Subsection (a) of this section
22-7 are transferred to the Texas Department of Human Services.
22-8 SECTION 1.19. (a) Not later than December 1, 1999, the
22-9 executive director of aging and the commissioners of the Texas
22-10 Department of Human Services, the Texas Department of Mental Health
22-11 and Mental Retardation, and the Health and Human Services
22-12 Commission shall appoint the members of the work group created by
22-13 Section 22.034, Human Resources Code, as added by this Act.
22-14 (b) The work group shall report on the study and
22-15 recommendations required by Subsection (h), Section 22.034, Human
22-16 Resources Code, as added by this Act, to the commissioners of the
22-17 Texas Department of Human Services and the Texas Department of
22-18 Mental Health and Mental Retardation not later than September 1,
22-19 2000.
22-20 SECTION 1.20. (a) The Texas Department of Human Services
22-21 shall study the feasibility of a subacute care pilot project. The
22-22 Health and Human Services Commission and the Texas Department of
22-23 Health shall cooperate with and assist the department in this
22-24 study. In conducting the study, the Texas Department of Human
22-25 Services shall consider:
22-26 (1) estimates of the potential fiscal impact,
23-1 including the potential to save money;
23-2 (2) the impact of subacute care on quality of care;
23-3 (3) reimbursement under the state's reimbursement and
23-4 regulatory policies;
23-5 (4) the capacity of facilities in this state to
23-6 provide subacute care; and
23-7 (5) the impact of subacute care reimbursement on
23-8 Medicaid, including managed care initiatives.
23-9 (b) Not later than September 1, 2000, the Texas Department
23-10 of Human Services shall submit to the Health and Human Services
23-11 Commission a report on the feasibility of a subacute care pilot
23-12 project.
23-13 (c) This section expires September 1, 2001.
23-14 SECTION 1.21. Not later than November 1, 2000, the
23-15 commissioner of health and human services shall evaluate and report
23-16 to the lieutenant governor and the speaker of the house of
23-17 representatives on the results of service coordination between the
23-18 Texas Department on Aging and the Texas Department of Human
23-19 Services under Section 101.0255, Human Resources Code, as amended
23-20 by this Act. The report shall include:
23-21 (1) the amount of administrative consolidation;
23-22 (2) savings from administrative consolidation; and
23-23 (3) documented improvements in client services.
23-24 SECTION 1.22. The changes in law made by this Act to Section
23-25 101.001, Human Resources Code, do not affect the entitlement of a
23-26 member of the Texas Board on Aging serving on the board immediately
24-1 before September 1, 1999, to continue to serve on the board for the
24-2 term to which the member was appointed. As the terms of members of
24-3 the board expire or as vacancies occur on the board, the governor
24-4 shall make appointments to the board to achieve, as soon as
24-5 possible, the membership plan prescribed by Section 101.001, Human
24-6 Resources Code, as amended by this Act.
24-7 SECTION 1.23. (a) The Health and Human Services Commission
24-8 shall evaluate the feasibility of establishing an integrated local
24-9 system of access and services for elderly persons and persons with
24-10 disabilities.
24-11 (b) Not later than November 1, 2000, the Health and Human
24-12 Services Commission shall report to the lieutenant governor and the
24-13 speaker of the house of representatives on the results of the
24-14 study. The report shall include the commission's recommendations
24-15 on how best to achieve integration.
24-16 SECTION 1.24. This article takes effect September 1, 1999.
24-17 ARTICLE 2. LONG-TERM CARE SERVICES; DEPARTMENT
24-18 OF AGING AND DISABILITY SERVICES
24-19 SECTION 2.01. Subdivisions (1), (2), and (3), Section
24-20 11.001, Human Resources Code, are amended to read as follows:
24-21 (1) "Board" means the Texas Board of Aging and
24-22 Disability [Human] Services.
24-23 (2) "Department" means the Texas Department of Aging
24-24 and Disability [Human] Services.
24-25 (3) "Commissioner" means the Commissioner of Aging and
24-26 Disability [Human] Services.
25-1 SECTION 2.02. Section 101.001, Human Resources Code, is
25-2 amended to read as follows:
25-3 Sec. 101.001. DEFINITIONS [DEPARTMENT AND BOARD ON AGING].
25-4 In this chapter:
25-5 (1) "Board" means the Texas Board of Aging and
25-6 Disability Services.
25-7 (2) "Department" means the Texas Department of Aging
25-8 and Disability Services. [(a) The Texas Department on Aging is
25-9 created.]
25-10 [(b) The Texas Board on Aging is created as the governing
25-11 body of the Texas Department on Aging. The board is composed of
25-12 nine members appointed by the governor with the advice and consent
25-13 of the senate. Appointments to the board shall be made without
25-14 regard to the race, color, handicap, sex, religion, age, or
25-15 national origin of the appointees. To be eligible for appointment
25-16 to the board, a person must have demonstrated an interest in and
25-17 knowledge of the problems of aging and must be a member of the
25-18 general public. A person is not eligible for appointment as a
25-19 public member if the person or the person's spouse:]
25-20 [(1) is employed by or participates in the management
25-21 of a business entity or other organization regulated by or
25-22 receiving funds from the department;]
25-23 [(2) owns, controls, or has, directly or indirectly,
25-24 more than a 10 percent interest in a business entity or other
25-25 organization regulated by or receiving funds from the department;
25-26 or]
26-1 [(3) uses or receives a substantial amount of tangible
26-2 goods, services, or funds from the department.]
26-3 [(c) Members of the board serve for staggered terms of six
26-4 years with the terms of three members expiring on February 1 of
26-5 each odd-numbered year. A member may be reappointed to the board.]
26-6 [(d) Members of the board may receive the compensatory per
26-7 diem authorized by the General Appropriations Act for each day
26-8 spent engaged in the performance of their official duties. Board
26-9 members are entitled to reimbursement for actual travel expenses
26-10 incurred in the performance of their duties.]
26-11 [(e) The board shall hold meetings quarterly and may hold
26-12 other meetings called by the chairman. The board shall develop and
26-13 implement policies that will provide the public with a reasonable
26-14 opportunity to appear before the board and to speak on any issue
26-15 under the jurisdiction of the board.]
26-16 SECTION 2.03. Subchapter A, Chapter 101, Human Resources
26-17 Code, is amended by adding Section 101.0015 to read as follows:
26-18 Sec. 101.0015. AGING POLICY COUNCIL. (a) The department
26-19 shall appoint an advisory committee to be known as the Aging Policy
26-20 Council. The council shall advise the department on matters
26-21 related to elderly persons, including policy, research, and
26-22 planning.
26-23 (b) The council consists of nine members appointed by the
26-24 department to serve staggered two-year terms. To be eligible for
26-25 appointment to the council, a person must have demonstrated an
26-26 interest in and knowledge of the problems of aging and must be a
27-1 member of the general public.
27-2 (c) Not later than December 1 of each even-numbered year,
27-3 the council shall prepare a report and submit the report to the
27-4 governor, the lieutenant governor, and the speaker of the house of
27-5 representatives. The report must include:
27-6 (1) consumer satisfaction surveys;
27-7 (2) long-term care insurance use reports;
27-8 (3) demographics; and
27-9 (4) other issues related to elderly persons.
27-10 SECTION 2.04. Subsection (a), Section 101.030, Human
27-11 Resources Code, is amended to read as follows:
27-12 (a) The board [of the Texas Department on Aging], by rule,
27-13 shall adopt a formula that meets the intent of the Older Americans
27-14 Act, as amended, for allocating among area agencies on aging funds
27-15 that the department receives under Title III, federal Older
27-16 Americans Act.
27-17 SECTION 2.05. Section 101.059, Human Resources Code, is
27-18 amended to read as follows:
27-19 Sec. 101.059. REPORTING SYSTEM. The office shall establish
27-20 a statewide ombudsman uniform reporting system to collect and
27-21 analyze information relating to complaints and conditions in
27-22 long-term care facilities as long as such system does not duplicate
27-23 other state reporting systems and shall provide the information to
27-24 the department and the[,] Texas Department of Health[, and Texas
27-25 Department of Human Services].
27-26 SECTION 2.06. Chapter 21, Human Resources Code, is amended
28-1 by adding Section 21.0033 to read as follows:
28-2 Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
28-3 person who is appointed to and qualifies for office as a member of
28-4 the board may not vote, deliberate, or be counted as a member in
28-5 attendance at a meeting of the board until the person completes a
28-6 training program that complies with this section.
28-7 (b) The training program must provide the person with
28-8 information regarding:
28-9 (1) the legislation that created the department and
28-10 the board;
28-11 (2) the federal Older Americans Act of 1965 (42 U.S.C.
28-12 Section 3001 et seq.) and its subsequent amendments;
28-13 (3) the programs operated by the department;
28-14 (4) the role and functions of the department;
28-15 (5) the rules of the department with an emphasis on
28-16 the rules that relate to disciplinary and investigatory authority;
28-17 (6) the current budget for the department;
28-18 (7) the results of the most recent formal audit of the
28-19 department;
28-20 (8) a history of funding sources for long-term care
28-21 services;
28-22 (9) the independent living philosophy;
28-23 (10) the requirements of:
28-24 (A) the open meetings law, Chapter 551,
28-25 Government Code;
28-26 (B) the public information law, Chapter 552,
29-1 Government Code;
29-2 (C) the administrative procedure law, Chapter
29-3 2001, Government Code; and
29-4 (D) other laws relating to public officials,
29-5 including conflict of interest laws; and
29-6 (11) any applicable ethics policies adopted by the
29-7 department or the Texas Ethics Commission.
29-8 (c) A person appointed to the board is entitled to
29-9 reimbursement, as provided by the General Appropriations Act, for
29-10 travel expenses incurred in attending the training program
29-11 regardless of whether the attendance at the program occurs before
29-12 or after the person qualifies for office.
29-13 SECTION 2.07. Chapter 22, Human Resources Code, is amended
29-14 by adding Section 22.0245 to read as follows:
29-15 Sec. 22.0245. OLDER AMERICANS ACT; STATE PLAN. (a) The
29-16 department shall develop the state's plan on aging, as required by
29-17 the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et
29-18 seq.) and its subsequent amendments.
29-19 (b) The department shall conduct a statewide needs
29-20 assessment for long-term care services. The assessment shall
29-21 include input from:
29-22 (1) area agencies on aging;
29-23 (2) regional and local state agency staff; and
29-24 (3) community-based organizations.
29-25 SECTION 2.08. The following are repealed:
29-26 (1) Section 101.0011, Human Resources Code;
30-1 (2) Section 101.0012, Human Resources Code, as added
30-2 by Article 1 of this Act;
30-3 (3) Section 101.002, Human Resources Code;
30-4 (4) Section 101.003, Human Resources Code;
30-5 (5) Section 101.0031, Human Resources Code;
30-6 (6) Section 101.004, Human Resources Code;
30-7 (7) Section 101.006, Human Resources Code;
30-8 (8) Section 101.0061, Human Resources Code;
30-9 (9) Section 101.007, Human Resources Code;
30-10 (10) Section 101.008, Human Resources Code;
30-11 (11) Section 101.021, Human Resources Code;
30-12 (12) Section 101.0221, Human Resources Code;
30-13 (13) Section 101.0255, Human Resources Code;
30-14 (14) Section 101.0256, Human Resources Code, as added
30-15 by Article 1 of this Act;
30-16 (15) Section 101.033, Human Resources Code, as added
30-17 by Article 1 of this Act; and
30-18 (16) Subsection (b), Section 101.043, Human Resources
30-19 Code.
30-20 SECTION 2.09. A person who is a member of the Texas Board on
30-21 Aging immediately before this article takes effect, unless
30-22 otherwise removed as provided by law, may continue to serve as a
30-23 member of the Aging Policy Council established by Section 101.0015,
30-24 Human Resources Code, as added by this article until the date on
30-25 which the person's term as a member of the Texas Board on Aging to
30-26 which the person was originally appointed would otherwise expire.
31-1 SECTION 2.10. (a) A reference in a law or rule to the Texas
31-2 Department of Human Services means the Texas Department of Aging
31-3 and Disability Services.
31-4 (b) A reference in a law or rule to the Texas Board of Human
31-5 Services means the Texas Board of Aging and Disability Services.
31-6 (c) A reference in law to the commissioner of the Texas
31-7 Department of Human Services means the commissioner of the Texas
31-8 Department of Aging and Disability Services.
31-9 SECTION 2.11. (a) The Texas Department on Aging is
31-10 abolished.
31-11 (b) On the effective date of this article:
31-12 (1) all powers, duties, functions, and activities
31-13 performed by the Texas Department on Aging immediately before this
31-14 section's effective date are transferred to the Texas Department of
31-15 Aging and Disability Services;
31-16 (2) all employees of the Texas Department on Aging
31-17 become employees of the Texas Department of Aging and Disability
31-18 Services, to be assigned duties by the commissioner of that
31-19 department;
31-20 (3) a rule or form adopted by the Texas Department on
31-21 Aging is a rule or form of the Texas Department of Aging and
31-22 Disability Services and remains in effect until altered by the
31-23 agency;
31-24 (4) a reference in law or an administrative rule to
31-25 the Texas Department on Aging means the Texas Department of Aging
31-26 and Disability Services;
32-1 (5) a license, permit, or certification in effect that
32-2 was issued by the Texas Department on Aging is continued in effect
32-3 as a license, permit, or certification of the Texas Department of
32-4 Aging and Disability Services; and
32-5 (6) a complaint, investigation, or other proceeding
32-6 pending before the Texas Department on Aging is transferred without
32-7 change in status to the Texas Department of Aging and Disability
32-8 Services.
32-9 (c) On the 30th day after the effective date of this
32-10 section:
32-11 (1) all funds, obligations, and contracts of the Texas
32-12 Department on Aging are transferred to the Texas Department of
32-13 Aging and Disability Services; and
32-14 (2) all property and records in the custody of the
32-15 Texas Department on Aging and all funds appropriated by the
32-16 legislature for the Texas Department on Aging are transferred to
32-17 the Texas Department of Aging and Disability Services.
32-18 SECTION 2.12. This article takes effect September 1, 2003.
32-19 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
32-20 SECTION 3.01. Except as otherwise provided by this Act, this
32-21 Act takes effect September 1, 1999.
32-22 SECTION 3.02. If, before implementing any provision of this
32-23 Act, the Texas Department of Human Services or another state agency
32-24 determines that a waiver or authorization from a federal agency is
32-25 necessary for implementation, the department or other state agency
32-26 shall request the waiver or authorization and may delay
33-1 implementing that provision until the waiver or authorization is
33-2 granted.
33-3 SECTION 3.03. The importance of this legislation and the
33-4 crowded condition of the calendars in both houses create an
33-5 emergency and an imperative public necessity that the
33-6 constitutional rule requiring bills to be read on three several
33-7 days in each house be suspended, and this rule is hereby suspended.