1-1     By:  Zaffirini                                         S.B. No. 374
 1-2           (In the Senate - Filed March 11, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Human Services;
 1-4     April 26, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 26, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 374                By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the provision of certain long-term care services, to
1-11     the continuation and functions of the Texas Department on Aging,
1-12     and to the eventual consolidation of the Texas Department of Human
1-13     Services and the Texas Department on Aging into a new agency on
1-14     aging and disability services.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16       ARTICLE 1.  LONG-TERM CARE SERVICES; TEXAS DEPARTMENT ON AGING
1-17           SECTION 1.01.  Subchapter B, Chapter 531, Government Code, is
1-18     amended by adding Section 531.02481 to read as follows:
1-19           Sec. 531.02481.  COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY
1-20     SYSTEMS FOR LONG-TERM CARE SERVICES.  (a)  The commission, the
1-21     Texas Department of Human Services, and the Texas Department on
1-22     Aging shall assist communities in this state in developing
1-23     comprehensive, community-based support and service delivery systems
1-24     for long-term care services.  At the request of a community, the
1-25     commission shall provide resources and assistance to the community
1-26     to enable the community to:
1-27                 (1)  identify and overcome institutional barriers to
1-28     developing more comprehensive community support systems, including
1-29     barriers that result from the policies and procedures of state
1-30     health and human services agencies;
1-31                 (2)  develop a system of blended funds to allow the
1-32     community to customize services to fit individual community needs;
1-33     and
1-34                 (3)  develop a local system of access and assistance to
1-35     aid clients in accessing the full range of long-term care services.
1-36           (b)  At the request of the commission, a health and human
1-37     services agency shall provide resources and assistance to a
1-38     community as necessary to perform the commission's duties under
1-39     Subsection (a).
1-40           (c)  A health and human services agency that receives or
1-41     develops a proposal for a community initiative shall submit the
1-42     initiative to the commission for review and approval.  The
1-43     commission shall review the initiative to ensure that the
1-44     initiative is consistent with other similar programs offered in
1-45     communities and does not duplicate other services provided in the
1-46     community.
1-47           (d)  In implementing this section, the commission shall
1-48     consider models used in other service delivery systems.
1-49           (e)  A community-based organization or a combination of
1-50     organizations may make a proposal under this section.  A
1-51     community-based organization includes:
1-52                 (1)  an area agency on aging;
1-53                 (2)  an independent living center;
1-54                 (3)  a municipality, county, or other local government;
1-55     or
1-56                 (4)  a nonprofit organization.
1-57           SECTION 1.02.  Chapter 22, Human Resources Code, is amended
1-58     by adding Section 22.034 to read as follows:
1-59           Sec. 22.034.  WORK GROUP ON LONG-TERM CARE SERVICES.  (a)  In
1-60     this section, "long-term care services" includes community care
1-61     services and support, and services provided by nursing facilities,
1-62     assisted living facilities, group homes, intermediate care
1-63     facilities for persons with mental retardation, and other
1-64     institutional care facilities.
 2-1           (b)  A work group is created to assist the department and the
 2-2     Texas Department of Mental Health and Mental Retardation in
 2-3     studying coordination of planning and services between the two
 2-4     agencies in providing long-term care services.
 2-5           (c)  The work group is composed of the following 18 members:
 2-6                 (1)  two representatives of the department, appointed
 2-7     by the commissioner;
 2-8                 (2)  two representatives of the Texas Department of
 2-9     Mental Health and Mental Retardation, appointed by the commissioner
2-10     of mental health and mental retardation;
2-11                 (3)  two representatives of the Texas Department on
2-12     Aging, appointed by the executive director of aging;
2-13                 (4)  one representative of the Health and Human
2-14     Services Commission, appointed by the commissioner of health and
2-15     human services;
2-16                 (5)  three consumers of long-term care services,
2-17     jointly appointed by the commissioner and the commissioner of
2-18     mental health and mental retardation;
2-19                 (6)  two advocates for elderly individuals, appointed
2-20     by the commissioner;
2-21                 (7)  two advocates for persons with disabilities,
2-22     appointed by the commissioner;
2-23                 (8)  two advocates for people with mental retardation
2-24     and mental illness, appointed by the commissioner of mental health
2-25     and mental retardation; and
2-26                 (9)  two long-term care services providers, jointly
2-27     appointed by the commissioner and the commissioner of mental health
2-28     and mental retardation.
2-29           (d)  A member of the work group serves at the will of the
2-30     appointing agency.
2-31           (e)  The members of the work group shall elect a presiding
2-32     officer and any other necessary officers.
2-33           (f)  The work group shall meet at the call of the presiding
2-34     officer.
2-35           (g)  A member of the work group receives no additional
2-36     compensation for serving on the work group.  Persons serving on the
2-37     work group shall be reimbursed for travel and other expenses
2-38     necessary for participation as provided in the General
2-39     Appropriations Act.
2-40           (h)  The work group shall study and report on coordination of
2-41     planning and services between the department and the Texas
2-42     Department of Mental Health and Mental Retardation in providing
2-43     long-term care services.  As part of its study and report on
2-44     coordination, the work group shall also study and make
2-45     recommendations on the development of consistent and standardized:
2-46                 (1)  regulation of residential and community long-term
2-47     care services;
2-48                 (2)  rate-setting processes for long-term care
2-49     providers and services;
2-50                 (3)  contractor monitoring for long-term care providers
2-51     and services;
2-52                 (4)  intake, assessment, referral, and coordinated case
2-53     management procedures for long-term care services; and
2-54                 (5)  administration of the In-Home and Family Support
2-55     Program operated by the department and the Texas Department of
2-56     Mental Health and Mental Retardation.
2-57           (i)  The work group shall report annually to the
2-58     commissioner, the commissioner of health and human services, and
2-59     the commissioner of mental health and mental retardation.  The
2-60     report must include any recommendations on subjects the work group
2-61     has studied.
2-62           (j)  The work group is not subject to Chapter 2110,
2-63     Government Code.
2-64           SECTION 1.03.  Chapter 113, Human Resources Code, is
2-65     transferred to Chapter 22, Human Resources Code, is redesignated as
2-66     Section 22.035, Human Resources Code, and is amended to read as
2-67     follows:
 3-1           [CHAPTER 113.  PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED
 3-2                       INDIVIDUALS AND THEIR PARENTS]
 3-3           Sec. 22.035 [113.001].  PROGRAMS FOR DEAF-BLIND
 3-4     MULTIHANDICAPPED INDIVIDUALS AND THEIR PARENTS.  (a)  The
 3-5     department [commission] shall establish programs to serve
 3-6     deaf-blind multihandicapped individuals by helping them attain
 3-7     self-sufficiency and independent living.
 3-8           (b)  The department [commission] shall establish a program of
 3-9     parental counseling for the parents of deaf-blind multihandicapped
3-10     individuals.  The counseling program may be provided on an
3-11     individual or group basis and must include programs, activities,
3-12     and services necessary to foster greater understanding and to
3-13     improve relationships among professionals, parents, and deaf-blind
3-14     multihandicapped individuals.
3-15           (c)  The department [commission] shall establish a summer
3-16     outdoor training program for deaf-blind multihandicapped
3-17     individuals.  The outdoor training program must be designed to help
3-18     meet the unique needs of deaf-blind multihandicapped individuals
3-19     for the purpose of broadening their educational experiences and
3-20     improving their ability to function more independently.
3-21           (d)  The department [commission] shall establish regulations
3-22     for implementing and administering the programs.
3-23           (e)  The department [commission] may contract for services or
3-24     goods with private or public entities for purposes of this section.
3-25           (f)  From information collected from the programs, the
3-26     department [commission] shall determine the need for related future
3-27     services and the most efficient and effective method of delivering
3-28     the future services.
3-29           SECTION 1.04.  Section 101.001, Human Resources Code, is
3-30     amended to read as follows:
3-31           Sec. 101.001.  DEPARTMENT AND BOARD ON AGING.  (a)  The Texas
3-32     Department on Aging is created.
3-33           (b)  The Texas Board on Aging is created as the governing
3-34     body of the Texas Department on Aging.  The board is composed of
3-35     nine members appointed by the governor with the advice and consent
3-36     of the senate.  Appointments to the board shall be made without
3-37     regard to the race, color, handicap, sex, religion, age, or
3-38     national origin of the appointees.  To be eligible for appointment
3-39     to the board, a person must have demonstrated an interest in and
3-40     knowledge of the problems of aging and must be a member of the
3-41     general public.  The members must include the following:
3-42                 (1)  an expert in gerontology;
3-43                 (2)  a medical professional;
3-44                 (3)  a consumer advocate; and
3-45                 (4)  three members of the general public.
3-46           (c)  A person is not eligible for appointment as a public
3-47     member if the person or the person's spouse:
3-48                 (1)  is employed by or participates in the management
3-49     of a business entity or other organization regulated by or
3-50     receiving funds from the department;
3-51                 (2)  owns, controls, or has, directly or indirectly,
3-52     more than a 10 percent interest in a business entity or other
3-53     organization regulated by or receiving funds from the department;
3-54     or
3-55                 (3)  uses or receives a substantial amount of tangible
3-56     goods, services, or funds from the department.
3-57           (d) [(c)]  Members of the board serve for staggered terms of
3-58     six years with the terms of three members expiring on February 1 of
3-59     each odd-numbered year.  A member may be reappointed to the board.
3-60           (e) [(d)]  Members of the board may receive the compensatory
3-61     per diem authorized by the General Appropriations Act for each day
3-62     spent engaged in the performance of their official duties.  Board
3-63     members are entitled to reimbursement for actual travel expenses
3-64     incurred in the performance of their duties.
3-65           (f) [(e)  The board shall hold meetings quarterly and may
3-66     hold other meetings called by the chairman.]  The board shall
3-67     develop and implement policies that [will] provide the public with
3-68     a reasonable opportunity to appear before the board and to speak on
3-69     any issue under the jurisdiction of the department [board].
 4-1           SECTION 1.05.  Section 101.0011, Human Resources Code, is
 4-2     amended to read as follows:
 4-3           Sec. 101.0011.  REMOVAL OF BOARD MEMBERS.  (a)  It is a
 4-4     ground for removal from the board that [if] a member:
 4-5                 (1)  does not have at the time of taking office
 4-6     [appointment] the qualifications required by [Subsection (b) of]
 4-7     Section 101.001(b) [101.001 of this code for appointment to the
 4-8     board];
 4-9                 (2)  does not maintain during [the] service on the
4-10     board the qualifications required by [Subsection (b) of] Section
4-11     101.001(b) [101.001 for appointment to the board];
4-12                 (3)  is ineligible for membership under [violates a
4-13     prohibition established by] Section 101.0031 [of this code];
4-14                 (4)  cannot, because of illness or disability, [is
4-15     unable to] discharge the member's [his] duties for a substantial
4-16     part [portion] of the member's term [for which he was appointed
4-17     because of illness or disability]; or
4-18                 (5)  is absent from more than half of the regularly
4-19     scheduled board meetings that the member is eligible to attend
4-20     during a [each] calendar year without an excuse approved[, except
4-21     when the absence is excused] by a majority vote of the board.
4-22           (b)  The validity of an action of the board is not affected
4-23     by the fact that it is [was] taken when a ground for removal of a
4-24     board member exists [of the board existed].
4-25           (c)  If the executive director has knowledge that a potential
4-26     ground for removal exists, the executive director [he] shall notify
4-27     the presiding officer [chairman] of the board of the potential
4-28     ground.  The presiding officer [chairman of the board] shall then
4-29     notify the governor and the attorney general that a potential
4-30     ground for removal exists.  If the potential ground for removal
4-31     involves the presiding officer, the executive director shall notify
4-32     the next highest ranking officer of the board, who shall then
4-33     notify the governor and the attorney general that a potential
4-34     ground for removal exists.
4-35           SECTION 1.06.  Subchapter A, Chapter 101, Human Resources
4-36     Code, is amended by adding Section 101.0012 to read as follows:
4-37           Sec. 101.0012.  TRAINING PROGRAM FOR BOARD MEMBERS.  (a)  A
4-38     person who is appointed to and qualifies for office as a member of
4-39     the board may not vote, deliberate, or be counted as a member in
4-40     attendance at a meeting of the board until the person completes a
4-41     training program that complies with this section.
4-42           (b)  The training program must provide the person with
4-43     information regarding:
4-44                 (1)  the legislation that created the department and
4-45     the board;
4-46                 (2)  the federal Older Americans Act of 1965 (42 U.S.C.
4-47     Section 3001 et seq.) and its subsequent amendments;
4-48                 (3)  the programs operated by the department;
4-49                 (4)  the role and functions of the department;
4-50                 (5)  the rules of the department, with an emphasis on
4-51     the rules that relate to disciplinary and investigatory authority;
4-52                 (6)  the current budget for the department;
4-53                 (7)  the results of the most recent formal audit of the
4-54     department;
4-55                 (8)  the requirements of:
4-56                       (A)  the open meetings law, Chapter 551,
4-57     Government Code;
4-58                       (B)  the public information law, Chapter 552,
4-59     Government Code;
4-60                       (C)  the administrative procedure law, Chapter
4-61     2001, Government Code; and
4-62                       (D)  other laws relating to public officials,
4-63     including conflict-of-interest laws; and
4-64                 (9)  any applicable ethics policies adopted by the
4-65     department or the Texas Ethics Commission.
4-66           (c)  A person appointed to the board is entitled to
4-67     reimbursement, as provided by the General Appropriations Act, for
4-68     the travel expenses incurred in attending the training program
4-69     regardless of whether the attendance at the program occurs before
 5-1     or after the person qualifies for office.
 5-2           SECTION 1.07.  Section 101.002, Human Resources Code, is
 5-3     amended to read as follows:
 5-4           Sec. 101.002.  SUNSET PROVISION.  The Texas Department on
 5-5     Aging is subject to Chapter 325, Government Code (Texas Sunset
 5-6     Act).  Unless continued in existence as provided by that chapter,
 5-7     the department is abolished and this chapter expires September 1,
 5-8     2004 [1999].
 5-9           SECTION 1.08.  Section 101.003, Human Resources Code, is
5-10     amended to read as follows:
5-11           Sec. 101.003.  PRESIDING OFFICER [CHAIRMAN OF THE BOARD].
5-12     (a)  The governor shall designate a presiding officer [chairman] of
5-13     the board from among the members.
5-14           (b)  A member holds the position of presiding officer
5-15     [chairman] at the pleasure of the governor.
5-16           SECTION 1.09.  Section 101.0031, Human Resources Code, is
5-17     amended to read as follows:
5-18           Sec. 101.0031.  RESTRICTIONS ON BOARD MEMBERSHIP AND
5-19     EMPLOYMENT.  (a)  In this section, "Texas trade association" means
5-20     a cooperative and voluntarily joined association of business or
5-21     professional competitors in this state designed to assist its
5-22     members and its industry or profession in dealing with mutual
5-23     business or professional problems and in promoting their common
5-24     interest.
5-25           (b)  A person [An officer, employee, or paid consultant of an
5-26     association that has as its primary interest the provision of
5-27     services to or other matters relating to the aged] may not be a
5-28     member [or employee] of the board and may not be a department
5-29     employee employed in a "bona fide executive, administrative, or
5-30     professional capacity," as that phrase is used for purposes of
5-31     establishing an exemption to the overtime provisions of the federal
5-32     Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
5-33     and its subsequent amendments, if:
5-34                 (1)  the person is[, nor may a person who cohabits with
5-35     or is the spouse of] an officer, [managerial] employee, or paid
5-36     consultant of a Texas trade [such an] association in the field of
5-37     aging; or
5-38                 (2)  the person's spouse is an officer, manager, or
5-39     paid consultant of a Texas trade association in the field of aging
5-40     [be a member of the board or an employee of the board grade 17 or
5-41     over, including exempt employees, according to the position
5-42     classification schedule under the General Appropriations Act].
5-43           (c) [(b)]  A person [who is required to register as a
5-44     lobbyist under Chapter 305, Government Code, by virtue of his
5-45     activities on behalf of a provider of services to the aged,] may
5-46     not be [serve as] a member of the board or act as the general
5-47     counsel to the board or the department if the person is required to
5-48     register as a lobbyist under Chapter 305, Government Code, because
5-49     of the person's activities for compensation on behalf of a
5-50     profession related to the operation of the department.
5-51           SECTION 1.10.  Subsection (d), Section 101.0061, Human
5-52     Resources Code, is amended to read as follows:
5-53           (d)  The executive director or the executive director's
5-54     designee [board] shall provide to [its] members of the board and to
5-55     the agency [department] employees, as often as [is] necessary,
5-56     information regarding the requirements for office or employment
5-57     [their qualifications] under this chapter, including information
5-58     regarding a person's [and their] responsibilities under applicable
5-59     laws relating to standards of conduct for state officers or
5-60     employees.
5-61           SECTION 1.11.  Section 101.022, Human Resources Code, is
5-62     amended to read as follows:
5-63           Sec. 101.022.  GENERAL FUNCTIONS OF DEPARTMENT.  (a)  The
5-64     department shall provide expertise and advice to state agencies and
5-65     the legislature and other elected officials on aging issues,
5-66     including recommendations to  meet the needs of this state's
5-67     elderly population.
5-68           (b)  The department shall develop and strengthen the services
5-69     available for the aged in the state by coordinating services
 6-1     provided by governmental and private agencies and facilities.
 6-2           (c) [(b)]  The department shall extend and expand services
 6-3     for the aged by coordinating the interest and efforts of local
 6-4     communities in studying the problems of the aged citizens of this
 6-5     state.
 6-6           (d) [(c)]  The department shall encourage, promote, and aid
 6-7     in the establishment of area agencies on aging for the development
 6-8     of programs and services on a local level that improve the living
 6-9     conditions of the aged by enabling them to more fully enjoy and
6-10     participate in family and community life.
6-11           (e) [(d)]  The department shall sponsor voluntary community
6-12     rehabilitation and recreational facilities to improve the general
6-13     welfare of the aged.
6-14           (f) [(e)]  The department, through the executive director of
6-15     aging, shall cooperate with state and federal agencies and other
6-16     organizations in conducting studies and surveys on the special
6-17     problems of the aged in matters such as mental and physical health,
6-18     housing, family relationships, employment, income, vocational
6-19     rehabilitation, recreation, transportation, insurance, legal
6-20     rights, and education.  The department shall make appropriate
6-21     reports and recommendations to the governor and to state and
6-22     federal agencies.
6-23           (g)  The department shall conduct research and long-range
6-24     planning regarding long-term care, community care, and other issues
6-25     that affect elderly individuals.
6-26           (h)  The department shall make recommendations to the
6-27     governor, the legislature, and state agencies regarding:
6-28                 (1)  opportunities to coordinate programs for elderly
6-29     individuals;
6-30                 (2)  unnecessary duplication in providing services to
6-31     elderly individuals; and
6-32                 (3)  gaps in services to elderly individuals.
6-33           (i)  The department shall cooperate with the Texas Department
6-34     of Housing and Community Affairs to provide affordable housing for
6-35     elderly individuals and for families in which an elderly individual
6-36     is head of the household and shall:
6-37                 (1)  assess the need for housing for elderly
6-38     individuals and for families in which an elderly individual is head
6-39     of the household in different localities;
6-40                 (2)  set standards relating to the design and
6-41     construction of housing for elderly individuals;
6-42                 (3)  provide planning assistance to builders; and
6-43                 (4)  publicize the availability of the housing program
6-44     to potential developers and residents.
6-45           SECTION 1.12.  Subsections (a) and (d), Section 101.024,
6-46     Human Resources Code, are amended to read as follows:
6-47           (a)  The department shall disburse state funds appropriated
6-48     for the purpose to local public agencies or private, nonprofit
6-49     corporations that operate programs to recruit elderly [retired]
6-50     persons to perform voluntary community services or that operate
6-51     programs under the National Senior Service Corps [Foster
6-52     Grandparent Programs].
6-53           (d)  State funds disbursed under this section may not be used
6-54     to pay compensation to volunteer workers, except for participants
6-55     in the Foster Grandparent and Senior Companion Programs, or for
6-56     purposes other than financing the operation or administration of
6-57     the volunteer programs, but it may be used to defray expenses
6-58     incurred by volunteers in the performance of volunteer work.  The
6-59     board by rules may further limit the purposes for which the state
6-60     money may be spent.
6-61           SECTION 1.13.  Section 101.0255, Human Resources Code, is
6-62     amended to read as follows:
6-63           Sec. 101.0255.  SERVICE STANDARDS AND AGREEMENTS.  (a)  The
6-64     department and the Texas Department of Human Services, with the
6-65     approval of the Health and Human Services Commission, shall work to
6-66     ensure consistency in service standards, reimbursement rates,
6-67     contract terms, and performance standards used by the respective
6-68     agency in the provision of the same or substantially similar
6-69     services under a community program on aging under Subchapter III,
 7-1     Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or
 7-2     the Options for Independent Living program and a community care
 7-3     program of the Texas Department of Human Services.
 7-4           (b)  The [Not later than January 1, 1994, the] department and
 7-5     the Texas Department of Human Services, in accordance with federal
 7-6     law, including the Older Americans Act of 1965 (42 U.S.C. Section
 7-7     3001 et seq.), shall enter into an agreement that allows an area
 7-8     agency on aging to[:]
 7-9                 [(1)]  jointly contract with a service provider that is
7-10     under contract with the Texas Department of Human Services to
7-11     provide services under a community care program.[; and]
7-12           (c)  If cost-effective, the department shall [(2)]  use the
7-13     billing system and audit procedures of the Texas Department of
7-14     Human Services to eliminate unnecessary duplication and to secure
7-15     reduced rates through economies of scale.  If required by the Texas
7-16     Department of Human Services, the department shall reimburse the
7-17     Texas Department of Human Services through an interagency contract
7-18     for the cost of any use.
7-19           (d)  The department and the Texas Department of Human
7-20     Services shall coordinate the monitoring of providers who contract
7-21     with the respective agency to provide the same or a substantially
7-22     similar service.
7-23           SECTION 1.14.  Subchapter B, Chapter 101, Human Resources
7-24     Code, is amended by adding Section 101.0256 to read as follows:
7-25           Sec. 101.0256.  COORDINATED ACCESS TO LOCAL SERVICES.  The
7-26     department and the Texas Department of Human Services shall develop
7-27     standardized assessment procedures to share information on common
7-28     clients served in a similar service region.
7-29           SECTION 1.15.  Subchapter B, Chapter 101, Human Resources
7-30     Code, is amended by adding Section 101.033 to read as follows:
7-31           Sec. 101.033.  OLDER AMERICANS ACT; STATE PLAN.  (a)  The
7-32     department and the Texas Department of Human Services shall jointly
7-33     develop this state's plan on aging, as required by the federal
7-34     Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and
7-35     its subsequent amendments.
7-36           (b)  The department and the Texas Department of Human
7-37     Services shall jointly conduct a statewide needs assessment for
7-38     long-term care services.  The assessment shall include input from:
7-39                 (1)  area agencies on aging;
7-40                 (2)  regional and local state agency staff; and
7-41                 (3)  community-based organizations.
7-42           SECTION 1.16.  Subchapter B, Chapter 531, Government Code, is
7-43     amended by adding Section 531.0235 to read as follows:
7-44           Sec. 531.0235.  BIENNIAL DISABILITY REPORTS.  (a)  The
7-45     commissioner shall direct and require the Texas Planning Council
7-46     for Developmental Disabilities, the Governor's Committee on People
7-47     with Disabilities, and the Office for the Prevention of
7-48     Developmental Disabilities to prepare a joint biennial report on
7-49     the state of services to persons with disabilities in this state.
7-50     Not later than December 1 of each even-numbered year, the agencies
7-51     shall submit the report to the commissioner, governor, lieutenant
7-52     governor, and speaker of the house of representatives.
7-53           (b)  The commission, Texas Department of Human Services, and
7-54     other health and human services agencies shall cooperate with the
7-55     agencies required to prepare the report under Subsection (a).
7-56           SECTION 1.17.  (a)  On September 1, 1999:
7-57                 (1)  all functions and activities relating to home and
7-58     community support services agencies regulation assigned to or
7-59     performed by the Texas Department of Health immediately before that
7-60     date are transferred to the Texas Department of Human Services;
7-61                 (2)  all employees of the Texas Department of Health
7-62     who primarily perform duties related to home and community support
7-63     services agencies regulation become employees of the Texas
7-64     Department of Human Services, to be assigned duties by the
7-65     commissioner of that department;
7-66                 (3)  a rule or form adopted by the Texas Department of
7-67     Health that relates to home and community support services agencies
7-68     regulation is a rule or form of the Texas Department of Human
7-69     Services and remains in effect until altered by the agency;
 8-1                 (4)  a reference in law or an administrative rule to
 8-2     the Texas Department of Health that relates to home and community
 8-3     support services agencies regulation means the Texas Department of
 8-4     Human Services;
 8-5                 (5)  a license, permit, or certification in effect that
 8-6     was issued by the Texas Department of Health for home and community
 8-7     support services agencies regulation is continued in effect as a
 8-8     license, permit, or certification of the Texas Department of Human
 8-9     Services; and
8-10                 (6)  a complaint, investigation, or other proceeding
8-11     pending before the Texas Department of Health that is related to
8-12     home and community support services agencies regulation is
8-13     transferred without change in status to the Texas Department of
8-14     Human Services.
8-15           (b)  On October 1, 1999:
8-16                 (1)  all funds, obligations, and contracts of the Texas
8-17     Department of Health related to home and community support services
8-18     agencies regulation are transferred to the Texas Department of
8-19     Human Services; and
8-20                 (2)  all property and records in the custody of the
8-21     Texas Department of Health related to home and community support
8-22     services agencies regulation and all funds appropriated by the
8-23     legislature for home and community support services agencies
8-24     regulation are transferred to the Texas Department of Human
8-25     Services.
8-26           SECTION 1.18.  (a)  On September 1, 1999:
8-27                 (1)  all functions and activities relating to the
8-28     following programs assigned to or performed by the Texas
8-29     Rehabilitation Commission immediately before that date are
8-30     transferred to the Texas Department of Human Services:
8-31                       (A)  blind/deaf/multiple disability waiver
8-32     program;
8-33                       (B)  personal attendant services program; and
8-34                       (C)  the voucher payment pilot project program
8-35     established under Section 22.032, Human Resources Code, as added by
8-36     Chapter 1094, Acts of the 75th Legislature, Regular Session, 1997,
8-37     and Section 22.033, Human Resources Code;
8-38                 (2)  all employees of the Texas Rehabilitation
8-39     Commission who primarily perform duties related to a program listed
8-40     in Subdivision (1) of this subsection become employees of the Texas
8-41     Department of Human Services, to be assigned duties by the
8-42     commissioner of that department;
8-43                 (3)  a rule or form adopted by the Texas Rehabilitation
8-44     Commission that relates to a program listed in Subdivision (1) of
8-45     this subsection is a rule or form of the Texas Department of Human
8-46     Services and remains in effect until altered by the agency;
8-47                 (4)  a reference in law or an administrative rule to
8-48     the Texas Rehabilitation Commission that relates to a program
8-49     listed in Subdivision (1) of this subsection means the Texas
8-50     Department of Human Services;
8-51                 (5)  a license, permit, or certification in effect that
8-52     was issued by the Texas  Rehabilitation Commission for a program
8-53     listed in Subdivision (1) of this subsection is continued in effect
8-54     as a license, permit, or certification of the Texas Department of
8-55     Human Services; and
8-56                 (6)  a complaint, investigation, or other proceeding
8-57     pending before the Texas Rehabilitation Commission that is related
8-58     to a program listed in Subdivision (1) of this subsection is
8-59     transferred without change in status to the Texas Department of
8-60     Human Services.
8-61           (b)  On October 1, 1999:
8-62                 (1)  all funds, obligations, and contracts of the Texas
8-63     Rehabilitation Commission related to a program listed in Subsection
8-64     (a)  of this section are  transferred to the Texas Department of
8-65     Human Services; and
8-66                 (2)  all property and records in the custody of the
8-67     Texas Rehabilitation Commission related to a program listed in
8-68     Subsection (a) of this section  and all funds appropriated by the
8-69     legislature for a program listed in Subsection (a) of this section
 9-1     are transferred to the Texas Department of Human Services.
 9-2           SECTION 1.19.  (a)  Not later than December 1, 1999, the
 9-3     executive director of aging and the commissioners of the Texas
 9-4     Department of Human Services, the Texas Department of Mental Health
 9-5     and Mental Retardation, and the Health and Human Services
 9-6     Commission shall appoint the members of the work group created by
 9-7     Section 22.034, Human Resources Code, as added by this Act.
 9-8           (b)  The work group shall report on the study and
 9-9     recommendations required by Subsection (h), Section 22.034, Human
9-10     Resources Code, as added by this Act, to the commissioners of the
9-11     Texas Department of Human Services and the Texas Department of
9-12     Mental Health and Mental Retardation not later than September 1,
9-13     2000.
9-14           SECTION 1.20.  (a)  The Texas Department of Human Services
9-15     shall study the feasibility of a subacute care pilot project.  The
9-16     Health and Human Services Commission and the Texas Department of
9-17     Health shall cooperate with and assist the department in this
9-18     study.  In conducting the study, the Texas Department of Human
9-19     Services shall consider:
9-20                 (1)  estimates of the potential fiscal impact,
9-21     including the potential to save money;
9-22                 (2)  the impact of subacute care on quality of care;
9-23                 (3)  reimbursement under the state's reimbursement and
9-24     regulatory policies;
9-25                 (4)  the capacity of facilities in this state to
9-26     provide subacute care; and
9-27                 (5)  the impact of subacute care reimbursement on
9-28     Medicaid, including managed care initiatives.
9-29           (b)  Not later than September 1, 2000, the Texas Department
9-30     of Human Services shall submit to the Health and Human Services
9-31     Commission a report on the feasibility of a subacute care pilot
9-32     project.
9-33           (c)  This section expires September 1, 2001.
9-34           SECTION 1.21.  Not later than November 1, 2000, the
9-35     commissioner of health and human services shall evaluate and report
9-36     to the lieutenant governor and the speaker of the house of
9-37     representatives on the results of service coordination between the
9-38     Texas Department on Aging and the Texas Department of Human
9-39     Services under Section 101.0255, Human Resources Code, as amended
9-40     by this Act.  The report shall include:
9-41                 (1)  the amount of administrative consolidation;
9-42                 (2)  savings from administrative consolidation; and
9-43                 (3)  documented improvements in client services.
9-44           SECTION 1.22.  The changes in law made by this Act to Section
9-45     101.001, Human Resources Code, do not affect the entitlement of a
9-46     member of the Texas Board on Aging serving on the board immediately
9-47     before September 1, 1999, to continue to serve on the board for the
9-48     term to which the member was appointed.  As the terms of members of
9-49     the board expire or as vacancies occur on the board, the governor
9-50     shall make appointments to the board to achieve, as soon as
9-51     possible, the membership plan prescribed by Section 101.001, Human
9-52     Resources Code, as amended by this Act.
9-53           SECTION 1.23.  (a)  The Health and Human Services Commission
9-54     shall evaluate the feasibility of establishing an integrated local
9-55     system of access and services for elderly persons and persons with
9-56     disabilities.
9-57           (b)  Not later than November 1, 2000, the Health and Human
9-58     Services Commission shall report to the lieutenant governor and the
9-59     speaker of the house of representatives on the results of the
9-60     study.  The report shall include the commission's recommendations
9-61     on how best to achieve integration.
9-62           SECTION 1.24.  This article takes effect September 1, 1999.
9-63               ARTICLE 2.  LONG-TERM CARE SERVICES; DEPARTMENT
9-64                      OF AGING AND DISABILITY SERVICES
9-65           SECTION 2.01.  Subdivisions (1), (2), and (3), Section
9-66     11.001, Human Resources Code, are amended to read as follows:
9-67                 (1)  "Board" means the Texas Board of Aging and
9-68     Disability [Human] Services.
9-69                 (2)  "Department" means the Texas Department of Aging
 10-1    and Disability [Human] Services.
 10-2                (3)  "Commissioner" means the Commissioner of Aging and
 10-3    Disability [Human] Services.
 10-4          SECTION 2.02.  Section 101.001, Human Resources Code, is
 10-5    amended to read as follows:
 10-6          Sec. 101.001.  DEFINITIONS [DEPARTMENT AND BOARD ON AGING].
 10-7    In this chapter:
 10-8                (1)  "Board" means the Texas Board of Aging and
 10-9    Disability Services.
10-10                (2)  "Department" means the Texas Department of Aging
10-11    and Disability Services.  [(a)  The Texas Department on Aging is
10-12    created.]
10-13          [(b)  The Texas Board on Aging is created as the governing
10-14    body of the Texas Department on Aging.  The board is composed of
10-15    nine members appointed by the governor with the advice and consent
10-16    of the senate.  Appointments to the board shall be made without
10-17    regard to the race, color, handicap, sex, religion, age, or
10-18    national origin of the appointees.  To be eligible for appointment
10-19    to the board, a person must have demonstrated an interest in and
10-20    knowledge of the problems of aging and must be a member of the
10-21    general public.  A person is not eligible for appointment as a
10-22    public member if the person or the person's spouse:]
10-23                [(1)  is employed by or participates in the management
10-24    of a business entity or other organization regulated by or
10-25    receiving funds from the department;]
10-26                [(2)  owns, controls, or has, directly or indirectly,
10-27    more than a 10 percent interest in a business entity or other
10-28    organization regulated by or receiving funds from the department;
10-29    or]
10-30                [(3)  uses or receives a substantial amount of tangible
10-31    goods, services, or funds from the department.]
10-32          [(c)  Members of the board serve for staggered terms of six
10-33    years with the terms of three members expiring on February 1 of
10-34    each odd-numbered year.  A member may be reappointed to the board.]
10-35          [(d)  Members of the board may receive the compensatory per
10-36    diem authorized by the General Appropriations Act for each day
10-37    spent engaged in the performance of their official duties.  Board
10-38    members are entitled to reimbursement for actual travel expenses
10-39    incurred in the performance of their duties.]
10-40          [(e)  The board shall hold meetings quarterly and may hold
10-41    other meetings called by the chairman.  The board shall develop and
10-42    implement policies that will provide the public with a reasonable
10-43    opportunity to appear before the board and to speak on any issue
10-44    under the jurisdiction of the board.]
10-45          SECTION 2.03.  Subchapter A, Chapter 101, Human Resources
10-46    Code, is amended by adding Section 101.0015 to read as follows:
10-47          Sec. 101.0015.  AGING POLICY COUNCIL.  (a)  The department
10-48    shall appoint an advisory committee to be known as the Aging Policy
10-49    Council.  The council shall advise the department on matters
10-50    related to elderly persons, including policy, research, and
10-51    planning.
10-52          (b)  The council consists of nine members appointed by the
10-53    department to serve staggered two-year terms.  To be eligible for
10-54    appointment to the council, a person must have demonstrated an
10-55    interest in and knowledge of the problems of aging and must be a
10-56    member of the general public.
10-57          (c)  Not later than December 1 of each even-numbered year,
10-58    the council shall prepare a report and submit the report to the
10-59    governor, the lieutenant governor, and the speaker of the house of
10-60    representatives.  The report must include:
10-61                (1)  consumer satisfaction surveys;
10-62                (2)  long-term care insurance use reports;
10-63                (3)  demographics; and
10-64                (4)  other issues related to elderly persons.
10-65          SECTION 2.04.  Subsection (a), Section 101.030, Human
10-66    Resources Code, is amended to read as follows:
10-67          (a)  The board [of the Texas Department on Aging], by rule,
10-68    shall adopt a formula that meets the intent of the Older Americans
10-69    Act, as amended, for allocating among area agencies on aging funds
 11-1    that the department receives under Title III, federal Older
 11-2    Americans Act.
 11-3          SECTION 2.05.  Section 101.059, Human Resources Code, is
 11-4    amended to read as follows:
 11-5          Sec. 101.059.  REPORTING SYSTEM.  The office shall establish
 11-6    a statewide ombudsman uniform reporting system to collect and
 11-7    analyze information relating to complaints and conditions in
 11-8    long-term care facilities as long as such system does not duplicate
 11-9    other state reporting systems and shall provide the information to
11-10    the department and the[,] Texas Department of Health[, and Texas
11-11    Department of Human Services].
11-12          SECTION 2.06.  The following are repealed:
11-13                (1)  Section 101.0011, Human Resources Code;
11-14                (2)  Section 101.0012, Human Resources Code, as added
11-15    by Article 1 of this Act;
11-16                (3)  Section 101.002, Human Resources Code;
11-17                (4)  Section 101.003, Human Resources Code;
11-18                (5)  Section 101.0031, Human Resources Code;
11-19                (6)  Section 101.004, Human Resources Code;
11-20                (7)  Section 101.006, Human Resources Code;
11-21                (8)  Section 101.0061, Human Resources Code;
11-22                (9)  Section 101.007, Human Resources Code;
11-23                (10)  Section 101.008, Human Resources Code;
11-24                (11)  Section 101.021, Human Resources Code;
11-25                (12)  Section 101.0221, Human Resources Code;
11-26                (13)  Section 101.0255, Human Resources Code;
11-27                (14)  Section 101.0256, Human Resources Code, as added
11-28    by Article 1 of this Act;
11-29                (15)  Section 101.033, Human Resources Code, as added
11-30    by Article 1 of this Act; and
11-31                (16)  Subsection (b), Section 101.043, Human Resources
11-32    Code.
11-33          SECTION 2.07.  A person who is a member of the Texas Board on
11-34    Aging immediately before this article takes effect, unless
11-35    otherwise removed as provided by law, may continue to serve as a
11-36    member of the Aging Policy Council established by Section 101.0015,
11-37    Human Resources Code, as added by this article until the date on
11-38    which the person's term as a member of the Texas Board on Aging to
11-39    which the person was originally appointed would otherwise expire.
11-40          SECTION 2.08.  (a)  A reference in a law or rule to the Texas
11-41    Department of Human Services means the Texas Department of Aging
11-42    and Disability Services.
11-43          (b)  A reference in a law or rule to the Texas Board of Human
11-44    Services means the Texas Board of Aging and Disability Services.
11-45          (c)  A reference in law to the commissioner of the Texas
11-46    Department of Human Services means the commissioner of the Texas
11-47    Department of Aging and Disability Services.
11-48          SECTION 2.09.  (a)  The Texas Department on Aging is
11-49    abolished.
11-50          (b)  On the effective date of this article:
11-51                (1)  all powers, duties, functions, and activities
11-52    performed by the  Texas Department on Aging immediately before this
11-53    section's effective date are transferred to the Texas Department of
11-54    Aging and Disability Services;
11-55                (2)  all employees of the Texas Department on Aging
11-56    become employees of the Texas Department of Aging and Disability
11-57    Services, to be assigned duties by the commissioner of that
11-58    department;
11-59                (3)  a rule or form adopted by the Texas Department on
11-60    Aging is a rule or form of the Texas Department of Aging and
11-61    Disability Services and remains in effect until altered by the
11-62    agency;
11-63                (4)  a reference in law or an administrative rule to
11-64    the Texas Department on Aging means the Texas Department of Aging
11-65    and Disability Services;
11-66                (5)  a license, permit, or certification in effect that
11-67    was issued by the  Texas Department on Aging is continued in effect
11-68    as a license, permit, or certification of the Texas Department of
11-69    Aging and Disability Services; and
 12-1                (6)  a complaint, investigation, or other proceeding
 12-2    pending before the Texas Department on Aging is transferred without
 12-3    change in status to the Texas Department of Aging and Disability
 12-4    Services.
 12-5          (c)  On the 30th day after the effective date of this
 12-6    section:
 12-7                (1)  all funds, obligations, and contracts of the Texas
 12-8    Department on Aging are transferred to the Texas Department of
 12-9    Aging and Disability Services; and
12-10                (2)  all property and records in the custody of the
12-11    Texas Department on Aging and all funds appropriated by the
12-12    legislature for the Texas Department  on Aging are transferred to
12-13    the Texas Department of Aging and Disability Services.
12-14          SECTION 2.10.  This article takes effect September 1, 2003.
12-15                   ARTICLE 3.  EFFECTIVE DATE; EMERGENCY
12-16          SECTION 3.01.  Except as otherwise provided by this Act, this
12-17    Act takes effect September 1, 1999.
12-18          SECTION 3.02.  If, before implementing any provision of this
12-19    Act, the Texas Department of Human Services or another state agency
12-20    determines that a waiver or authorization from a federal agency is
12-21    necessary for implementation, the department or other state agency
12-22    shall request the waiver or authorization and may delay
12-23    implementing that provision until the waiver or authorization is
12-24    granted.
12-25          SECTION 3.03.  The importance of this legislation and the
12-26    crowded condition of the calendars in both houses create an
12-27    emergency and an imperative public necessity that the
12-28    constitutional rule requiring bills to be read on three several
12-29    days in each house be suspended, and this rule is hereby suspended.
12-30                                 * * * * *