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.