By Harris S.B. No. 1365 76R8673 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to abolishing the Texas Department of Human Services and 1-3 transferring its functions to other state agencies. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. ABOLISHMENT OF TEXAS DEPARTMENT OF HUMAN 1-6 SERVICES. On September 1, 1999: 1-7 (1) the Texas Department of Human Services is 1-8 abolished; 1-9 (2) the terms of the commissioner of human services 1-10 and the members of the Texas Board of Human Services expire; and 1-11 (3) the powers, duties, functions, and activities of 1-12 the Texas Department of Human Services are transferred as 1-13 provided by this Act. 1-14 SECTION 2. TRANSFER OF TANF ADMINISTRATION. (a) On 1-15 September 1, 1999: 1-16 (1) all of the powers, duties, functions, and 1-17 activities of the Texas Department of Human Services relating to 1-18 the program for temporary assistance for needy families under 1-19 Chapter 31, Human Resources Code (TANF program), performed by or 1-20 assigned to the department immediately before September 1, 1999, 1-21 are transferred to the Texas Workforce Commission; 1-22 (2) all funds, obligations, contracts, property, and 1-23 records of the Texas Department of Human Services relating to the 1-24 TANF program are transferred to the Texas Workforce Commission; and 2-1 (3) all employees of the Texas Department of Human 2-2 Services who perform duties relating to the TANF program become 2-3 employees of the Texas Workforce Commission, to be assigned duties 2-4 by the executive director of the commission. 2-5 (b) A rule or form adopted by the Texas Department of Human 2-6 Services that relates to the TANF program is a rule or form of the 2-7 Texas Workforce Commission and remains in effect until altered by 2-8 the commission. The secretary of state is authorized to adopt 2-9 rules as necessary to expedite the implementation of this 2-10 subsection. 2-11 (c) A reference in law to the Texas Department of Human 2-12 Services, the commissioner of human services, or the Texas Board of 2-13 Human Services that relates to the TANF program means the Texas 2-14 Workforce Commission or the executive director of the commission, 2-15 as appropriate. 2-16 SECTION 3. TRANSFER OF REGULATION OF CONVALESCENT AND 2-17 NURSING HOMES AND PERSONAL CARE FACILITIES. (a) On September 1, 2-18 1999: 2-19 (1) all of the powers, duties, functions, programs, 2-20 and activities of the Texas Department of Human Services relating 2-21 to the regulation of convalescent and nursing homes and related 2-22 institutions licensed under Chapter 242, Health and Safety Code, 2-23 and personal care facilities licensed under Chapter 247, Health and 2-24 Safety Code, performed by or assigned to the department immediately 2-25 before September 1, 1999, are transferred to the Texas Department 2-26 of Health; 2-27 (2) all funds, obligations, contracts, property, and 3-1 records of the Texas Department of Human Services relating to the 3-2 regulation of entities listed in Subdivision (1) of this subsection 3-3 are transferred to the Texas Department of Health; and 3-4 (3) all employees of the Texas Department of Human 3-5 Services who perform duties relating to the regulation of entities 3-6 listed in Subdivision (1) of this subsection become employees of 3-7 the Texas Department of Health, to be assigned duties by the 3-8 commissioner of public health. 3-9 (b) A rule or form adopted by the Texas Department of Human 3-10 Services that relates to the regulation of entities listed in 3-11 Subsection (a)(1) of this section is a rule or form of the Texas 3-12 Department of Health and remains in effect until altered by the 3-13 Texas Department of Health. The secretary of state is authorized 3-14 to adopt rules as necessary to expedite the implementation of this 3-15 subsection. 3-16 (c) A reference in law to the Texas Department of Human 3-17 Services, the commissioner of human services, or the Texas Board of 3-18 Human Services that relates to the regulation of entities listed in 3-19 Subsection (a)(1) of this section means the Texas Department of 3-20 Health, the commissioner of public health, or the Texas Board of 3-21 Health, as appropriate. 3-22 (d) Notwithstanding Subsections (a), (b), and (c) of this 3-23 section, if legislation creating a new state agency to regulate 3-24 long-term care services is enacted by the 76th Legislature and 3-25 becomes law, the powers, duties, functions, programs, and 3-26 activities described in Subsection (a)(1) of this section are 3-27 transferred from the Texas Department of Human Services to that 4-1 agency. The transfer shall be accomplished in the manner provided 4-2 by Subsections (a), (b), and (c) of this section, and references in 4-3 those subsections to the Texas Department of Health, the 4-4 commissioner of public health, or the Texas Board of Health are 4-5 considered to be references to the new state agency for long-term 4-6 care, the executive director of that new state agency, or the board 4-7 of that new state agency, as appropriate. 4-8 SECTION 4. TRANSFER OF FOOD STAMPS PROGRAM AND ELECTRONIC 4-9 BENEFITS TRANSFER SYSTEM. (a) On September 1, 1999: 4-10 (1) all of the powers, duties, functions, and 4-11 activities of the Texas Department of Human Services relating to 4-12 the federal food stamp program administered under Chapter 33, Human 4-13 Resources Code, and the state electronic benefits transfer (EBT) 4-14 system performed by or assigned to the department immediately 4-15 before September 1, 1999, are transferred to the office of the 4-16 comptroller; 4-17 (2) all funds, obligations, contracts, property, and 4-18 records of the Texas Department of Human Services relating to the 4-19 federal food stamp program or the state EBT system are transferred 4-20 to the office of the comptroller; and 4-21 (3) all employees of the Texas Department of Human 4-22 Services who perform duties relating to the federal food stamp 4-23 program or the state EBT system become employees of the office of 4-24 the comptroller, to be assigned duties by the comptroller. 4-25 (b) A rule or form adopted by the Texas Department of Human 4-26 Services that relates to the federal food stamp program or the 4-27 state EBT system is a rule or form of the comptroller and remains 5-1 in effect until altered by the comptroller. The secretary of state 5-2 is authorized to adopt rules as necessary to expedite the 5-3 implementation of this subsection. 5-4 (c) A reference in law to the Texas Department of Human 5-5 Services, the commissioner of human services, or the Texas Board of 5-6 Human Services that relates to the federal food stamp program or 5-7 the state EBT system means the office of the comptroller or the 5-8 comptroller, as appropriate. 5-9 SECTION 5. TRANSFER OF NUTRITIONAL PROGRAMS OTHER THAN FOOD 5-10 STAMPS. (a) On September 1, 1999: 5-11 (1) all of the powers, duties, functions, and 5-12 activities of the Texas Department of Human Services relating to 5-13 nutritional assistance programs, other than the federal food stamp 5-14 program, performed by or assigned to the department immediately 5-15 before September 1, 1999, are transferred to the Texas Education 5-16 Agency; 5-17 (2) all funds, obligations, contracts, property, and 5-18 records of the Texas Department of Human Services relating to 5-19 nutritional assistance programs, other than the federal food stamp 5-20 program, are transferred to the Texas Education Agency; and 5-21 (3) all employees of the Texas Department of Human 5-22 Services who perform duties relating to nutritional assistance 5-23 programs, other than the federal food stamp program, become 5-24 employees of the Texas Education Agency, to be assigned duties by 5-25 the commissioner of education. 5-26 (b) A rule or form adopted by the Texas Department of Human 5-27 Services that relates to nutritional assistance programs, other 6-1 than the federal food stamp program, is a rule or form of the 6-2 commissioner of education and remains in effect until altered by 6-3 the commissioner of education. The secretary of state is 6-4 authorized to adopt rules as necessary to expedite the 6-5 implementation of this subsection. 6-6 (c) A reference in law to the Texas Department of Human 6-7 Services, the commissioner of human services, or the Texas Board of 6-8 Human Services that relates to nutritional assistance programs, 6-9 other than the federal food stamp program, means the Texas 6-10 Education Agency or the commissioner of education, as appropriate. 6-11 SECTION 6. TRANSFER OF OTHER FUNCTIONS. (a) On September 6-12 1, 1999: 6-13 (1) all of the powers, duties, functions, programs, 6-14 and activities of the Texas Department of Human Services that are 6-15 not addressed in Sections 2-5 of this Act and that are performed by 6-16 or assigned to the department immediately before September 1, 1999, 6-17 are transferred to a state agency designated by the commissioner of 6-18 health and human services; 6-19 (2) all funds, obligations, contracts, property, and 6-20 records of the Texas Department of Human Services relating to a 6-21 power, duty, function, program, or activity transferred under 6-22 Subdivision (1) of this subsection are transferred to the 6-23 appropriate state agency designated by the commissioner of health 6-24 and human services; and 6-25 (3) all employees of the Texas Department of Human 6-26 Services who perform duties relating to a power, duty, function, 6-27 program, or activity transferred under Subdivision (1) of this 7-1 subsection become employees of the appropriate state agency 7-2 designated by the commissioner of health and human services, to be 7-3 assigned duties by the executive director of the appropriate state 7-4 agency. 7-5 (b) A rule or form adopted by the Texas Department of Human 7-6 Services that relates to a power, duty, function, program, or 7-7 activity transferred under Subsection (a)(1) of this section is a 7-8 rule or form of the appropriate state agency designated by the 7-9 commissioner of health and human services and remains in effect 7-10 until altered by the board or executive director of the appropriate 7-11 state agency. The secretary of state is authorized to adopt rules 7-12 as necessary to expedite the implementation of this subsection. 7-13 (c) A reference in law to the Texas Department of Human 7-14 Services, the commissioner of human services, or the Texas Board of 7-15 Human Services that relates to a power, duty, function, program, or 7-16 activity transferred under Subsection (a)(1) of this section means 7-17 the appropriate state agency designated by the commissioner of 7-18 health and human services, the executive director of that state 7-19 agency, or the board of that state agency, as appropriate. 7-20 SECTION 7. OVERSIGHT OF TRANSFER OF PROGRAMS. (a) The 7-21 commissioner of health and human services shall oversee and assist 7-22 in the transfer of powers, duties, functions, programs, and 7-23 activities prescribed by this Act. 7-24 (b) The commissioner of health and human services shall 7-25 determine for each power, duty, function, program, or activity 7-26 scheduled for transfer: 7-27 (1) the relevant actions of the Texas Department of 8-1 Human Services that constitute each power, duty, function, program, 8-2 or activity; 8-3 (2) the relevant records, property, and equipment used 8-4 by the Texas Department of Human Services for each power, duty, 8-5 function, program, or activity; 8-6 (3) the employees of the Texas Department of Human 8-7 Services whose primary duties involve a power, duty, function, 8-8 program, or activity; and 8-9 (4) funds and obligations of the Texas Department of 8-10 Human Services that are related to a power, duty, function, 8-11 program, or activity. 8-12 (c) Based on the determinations made under Subsection (b) of 8-13 this section, the commissioner of health and human services shall 8-14 assist the agencies in transferring powers, duties, functions, 8-15 programs, activities, records, equipment, property, funds, 8-16 obligations, and employees. 8-17 (d) The commissioner of health and human services shall file 8-18 any federal plan changes required by this Act. 8-19 SECTION 8. PRESERVATION OF EXISTING LAW AND RIGHTS. (a) 8-20 The transfer of powers, duties, functions, programs, and 8-21 activities under this Act does not affect or impair any act done, 8-22 any obligation, right, order, license, permit, rule, criterion, 8-23 standard, or requirement existing, any investigation begun, or any 8-24 penalty accrued under former law, and that law remains in effect 8-25 for any action concerning those matters. 8-26 (b) An action brought or proceeding commenced before the 8-27 effective date of this Act, including a contested case or a remand 9-1 of an action or proceeding by a reviewing court, is governed by the 9-2 law and rules applicable to the action or proceeding before the 9-3 effective date of this Act. 9-4 SECTION 9. REPEALER. Chapter 21, Human Resources Code, is 9-5 repealed. 9-6 SECTION 10. EFFECTIVE DATE. This Act takes effect September 9-7 1, 1999. 9-8 SECTION 11. EMERGENCY. The importance of this legislation 9-9 and the crowded condition of the calendars in both houses create an 9-10 emergency and an imperative public necessity that the 9-11 constitutional rule requiring bills to be read on three several 9-12 days in each house be suspended, and this rule is hereby suspended.