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.