By Janek                                              H.B. No. 3489
         77R7223 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the review of certain rules of the Texas Department of
 1-3     Human Services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  DEFINITIONS.  In this Act:
 1-6                 (1)  "Board" means the Texas Board of Human Services.
 1-7                 (2)  "Department" means the Texas Department of Human
 1-8     Services.
 1-9           SECTION 2.  MANDATORY REVIEW OF RULES AND STANDARDS.  Not
1-10     later than August 31, 2002, the department shall complete a review
1-11     of each rule or standard of the department that:
1-12                 (1)  is adopted in connection with administration of
1-13     the state medical assistance program and that relates to:
1-14                       (A)  certification of an institution or facility
1-15     for participation in the state medical assistance program; or
1-16                       (B)  inspection, investigation, or survey of an
1-17     institution or facility in relation to participation in the state
1-18     medical assistance program; or
1-19                 (2)  relates to:
1-20                       (A)  licensing of an institution or facility
1-21     under Chapter 242, 247, or 252, Health and Safety Code; or
1-22                       (B)  inspection, investigation, or survey of an
1-23     institution or facility in relation to licensing of the institution
1-24     or facility under Chapter 242, 247, or 252, Health and Safety Code.
 2-1           SECTION 3.  EXPIRATION OF RULES AND STANDARDS.  Each rule or
 2-2     standard described by Section 2 of this Act expires September 1,
 2-3     2002, unless before that date the board readopts the rule through a
 2-4     rulemaking process that conforms to the requirements of Chapter
 2-5     2001, Government Code.
 2-6           SECTION 4.  REPORT.  Not later than October 1, 2002, the
 2-7     department shall submit to the governor, the lieutenant governor,
 2-8     the speaker of the house of representatives, and each appropriate
 2-9     legislative committee a report of the results of the review
2-10     conducted under Section 2 of this Act.
2-11           SECTION 5.  EFFECTIVE DATE.  This Act takes effect
2-12     immediately if it receives a vote of two-thirds of all the members
2-13     elected to each house, as provided by Section 39, Article III,
2-14     Texas Constitution.  If this Act does not receive the vote
2-15     necessary for immediate effect, this Act takes effect September 1,
2-16     2001.