By Delisi H.B. No. 3611
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Health and Human Services Policy
1-3 Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle I, Title 4, Government Code, is amended
1-6 by adding Chapter 534 to read as follows:
1-7 CHAPTER 534. HEALTH AND HUMAN SERVICES POLICY COUNCIL
1-8 Sec. 534.001. DEFINITION. In this chapter, "policy council"
1-9 means the Health and Human Services Policy Council.
1-10 Sec. 534.002. HEALTH AND HUMAN SERVICES POLICY COUNCIL. The
1-11 Health and Human Services Policy Council is an agency of the state.
1-12 Sec. 534.003. SUNSET PROVISION. The Health and Human
1-13 Services Policy Council is subject to Chapter 325 (Texas Sunset
1-14 Act). Unless continued in existence as provided by that chapter,
1-15 the council is abolished September 1, 2011.
1-16 Sec. 534.004. EXECUTIVE DIRECTOR. (a) The policy council
1-17 is under the direction of an executive director.
1-18 (b) The executive director is appointed by the governor with
1-19 the advice and consent of the senate. The appointment of an
1-20 executive director shall be made without regard to the race, color,
1-21 disability, sex, religion, age, or national origin of the
1-22 appointee.
1-23 (c) A person is not eligible for appointment as the
2-1 executive director if the person or the person's spouse:
2-2 (1) is employed by or participates in the management
2-3 of a business entity or other organization receiving funds from the
2-4 policy council;
2-5 (2) owns or controls, directly or indirectly, more
2-6 than a 10 percent interest in a business entity or other
2-7 organization receiving funds from the policy council; or
2-8 (3) uses or receives a substantial amount of tangible
2-9 goods, services, or funds from the policy council, other than
2-10 compensation or reimbursement authorized by law for the executive
2-11 director.
2-12 (d) The executive director may not work for any agency or
2-13 office of the state other than the policy council and may not
2-14 perform duties for any other state agency or office that negatively
2-15 affect the performance of the executive director's duties as
2-16 executive director of the policy council.
2-17 (e) It is a ground for removal from the position of
2-18 executive director if the appointee:
2-19 (1) is disqualified for the position under Subsection
2-20 (c) or engages in an activity after appointment that, under
2-21 Subsection (c), would have disqualified the person for appointment
2-22 to the position;
2-23 (2) violates a prohibition established by Subsection
2-24 (d) or Section 534.006; or
2-25 (3) cannot because of illness or disability discharge
2-26 the executive director's duties.
3-1 Sec. 534.005. STAFF. (a) The executive director may employ
3-2 personnel necessary to administer the responsibilities of the
3-3 policy council.
3-4 (b) The executive director or the executive director's
3-5 designee shall provide to policy council employees, as often as
3-6 necessary, information regarding their qualification for employment
3-7 under this chapter and their responsibilities under applicable laws
3-8 relating to standards of conduct for state employees.
3-9 (c) The executive director or the executive director's
3-10 designee shall develop an intra-agency career ladder program that
3-11 addresses opportunities for mobility and advancement for employees
3-12 within the policy council. The program shall require intra-agency
3-13 posting of all positions concurrently with any public posting.
3-14 (d) The executive director or the executive director's
3-15 designee shall develop a system of annual performance evaluations
3-16 that are based on documented employee performance. All merit pay
3-17 for policy council employees must be based on the system
3-18 established under this subsection.
3-19 (e) The executive director or the executive director's
3-20 designee shall prepare and maintain a written policy statement to
3-21 assure implementation of a program of equal employment opportunity
3-22 under which all personnel transactions are made without regard to
3-23 race, color, disability, sex, religion, age, or national origin.
3-24 The policy statement must include:
3-25 (1) personnel policies, including policies relating to
3-26 recruitment, evaluation, selection, appointment, training, and
4-1 promotion of personnel that are in compliance with the requirements
4-2 of Chapter 21, Labor Code;
4-3 (2) a comprehensive analysis of the policy council
4-4 workforce that meets federal and state guidelines;
4-5 (3) procedures by which a determination can be made
4-6 about the extent of underuse in the policy council workforce of all
4-7 persons for whom federal or state guidelines encourage a more
4-8 equitable balance; and
4-9 (4) reasonable methods to appropriately address those
4-10 areas of underuse.
4-11 (f) A policy statement prepared under Subsection (e) must
4-12 cover an annual period, be updated annually and reviewed by the
4-13 Commission on Human Rights for compliance with Subsection (e)(1),
4-14 and be filed with the governor's office.
4-15 (g) The governor's office shall deliver a biennial report to
4-16 the legislature based on the information received under Subsection
4-17 (f). The report may be made separately or as a part of other
4-18 biennial reports made to the legislature.
4-19 Sec. 534.006. CONFLICT OF INTEREST. (a) An officer,
4-20 employee, or paid consultant of a Texas trade association in the
4-21 field of health and human services may not be the executive
4-22 director of the policy council or an employee of the policy council
4-23 employed in a "bona fide executive, administrative, or professional
4-24 capacity," as that phrase is used for purposes of establishing an
4-25 exemption to the overtime provisions of the federal Fair Labor
4-26 Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its
5-1 subsequent amendments.
5-2 (b) A person who is the spouse of an officer, manager, or
5-3 paid consultant of a Texas trade association in the field of health
5-4 and human services may not be the executive director of the policy
5-5 council and may not be an employee of the policy council employed
5-6 in a "bona fide executive, administrative, or professional
5-7 capacity," as that phrase is used for purposes of establishing an
5-8 exemption to the overtime provisions of the federal Fair Labor
5-9 Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its
5-10 subsequent amendments.
5-11 (c) A person may not serve as the executive director of the
5-12 policy council or act as the general counsel to the policy council
5-13 if the person is required to register as a lobbyist under Chapter
5-14 305 because of the person's activities for compensation on behalf
5-15 of a profession related to the operation of the policy council.
5-16 (d) For the purposes of this section, a Texas trade
5-17 association is a nonprofit, cooperative, and voluntarily joined
5-18 association of business or professional competitors in this state
5-19 designed to assist its members and its industry or profession in
5-20 dealing with mutual business or professional problems and in
5-21 promoting their common interest.
5-22 Sec. 534.007. APPOINTMENT OF OTHER ADVISORY BODIES. The
5-23 governor may establish other advisory councils, task forces, or
5-24 commissions the governor considers necessary to advise the policy
5-25 council or to accomplish the purposes of this chapter.
5-26 Sec. 534.008. GENERAL DUTY OF POLICY COUNCIL. The policy
6-1 council shall provide objective research and analysis of health and
6-2 human services needs and programs.
6-3 Sec. 534.009. CONSULTATION WITH LEGISLATIVE OFFICIALS. In
6-4 setting the priorities for the research projects of the policy
6-5 council, the executive director of the policy council shall consult
6-6 the governor, lieutenant governor, speaker of the house of
6-7 representatives, and presiding officer of each standing committee
6-8 of the senate and house of representatives having jurisdiction over
6-9 health and human services issues.
6-10 Sec. 534.010. CONTRACTUAL AUTHORITY. The policy council may
6-11 contract with public or private entities in the performance of its
6-12 responsibilities.
6-13 Sec. 534.011. FUNDS; GRANTS AND DONATIONS. (a) All money
6-14 paid to the policy council under this chapter is subject to
6-15 Subchapter F, Chapter 404.
6-16 (b) The executive director shall prepare annually a complete
6-17 and detailed written report accounting for all funds received and
6-18 disbursed by the policy council during the preceding fiscal year.
6-19 The annual report must meet the reporting requirements applicable
6-20 to financial reporting as provided in the General Appropriations
6-21 Act.
6-22 (c) The policy council may accept grants and donations from
6-23 public and private entities in addition to legislative
6-24 appropriations.
6-25 Sec. 534.012. HEALTH AND HUMAN SERVICES PLAN; BIENNIAL
6-26 REPORT. The policy council biennially shall submit to the
7-1 legislature a plan detailing the actions necessary to promote an
7-2 effective health and human services system.
7-3 Sec. 534.013. ACCESS TO PROGRAMS AND FACILITIES. The policy
7-4 council shall comply with federal and state laws related to program
7-5 and facility accessibility. The executive director of the policy
7-6 council shall also prepare and maintain a written plan that
7-7 describes how a person who does not speak English can be provided
7-8 reasonable access to the policy council's programs and services.
7-9 Sec. 534.014. CONSUMER INFORMATION AND COMPLAINTS. (a) The
7-10 policy council shall prepare information of public interest
7-11 describing the functions of the policy council and the procedures
7-12 by which complaints are filed with and resolved by the policy
7-13 council. The policy council shall make the information available
7-14 to the public and appropriate state agencies.
7-15 (b) The executive director of the policy council shall
7-16 establish methods by which consumers and service recipients are
7-17 notified of the name, mailing address, and telephone number of the
7-18 policy council for the purpose of directing complaints to the
7-19 policy council. The executive director of the policy council may
7-20 provide for that notification on each written contract made under
7-21 this chapter for the services of an individual or other entity.
7-22 (c) The policy council shall keep a file about each written
7-23 complaint filed with the policy council that the policy council has
7-24 authority to resolve. The policy council shall provide to the
7-25 person filing the complaint and the persons or entities complained
7-26 about the policy council's policies and procedures pertaining to
8-1 complaint investigation and resolution. The policy council, at
8-2 least quarterly and until final disposition of the complaint, shall
8-3 notify the person filing the complaint and the persons or entities
8-4 complained about of the status of the complaint unless the notice
8-5 would jeopardize an undercover investigation.
8-6 (d) The policy council shall keep information about each
8-7 complaint filed with the policy council. The information shall
8-8 include:
8-9 (1) the date the complaint is received;
8-10 (2) the name of the complainant;
8-11 (3) the subject matter of the complaint;
8-12 (4) a record of all persons contacted in relation to
8-13 the complaint;
8-14 (5) a summary of the results of the review or
8-15 investigation of the complaint; and
8-16 (6) for complaints for which the agency took no
8-17 action, an explanation of the reason the complaint was closed
8-18 without action.
8-19 SECTION 2. This Act takes effect immediately if it receives
8-20 a vote of two-thirds of all the members elected to each house, as
8-21 provided by Section 39, Article III, Texas Constitution. If this
8-22 Act does not receive the vote necessary for immediate effect, this
8-23 Act takes effect September 1, 2001.