1-1 AN ACT
1-2 relating to permanency planning procedures for children in state
1-3 institutions and to family-based alternatives to the
1-4 institutionalization of children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 531, Government Code, as
1-7 added by Chapter 241, Acts of the 75th Legislature, Regular
1-8 Session, 1997, is amended to read as follows:
1-9 SUBCHAPTER D. PERMANENCY PLANNING
1-10 Sec. 531.151. DEFINITIONS. In this subchapter:
1-11 (1) "Child" means a person with a developmental
1-12 disability who is younger than 22 years of age.
1-13 (2) "Community resource coordination group" means a
1-14 coordination group established under the memorandum of
1-15 understanding adopted under Section 264.003, Family Code.
1-16 (3) "Institution" means:
1-17 (A) an ICF-MR, as defined by Section 531.002,
1-18 Health and Safety Code;
1-19 (B) a group home operated under the authority of
1-20 the Texas Department of Mental Health and Mental Retardation,
1-21 including a residential service provider under a Medicaid waiver
1-22 program authorized under Section 1915(c) of the federal Social
1-23 Security Act (42 U.S.C. Section 1396n), as amended, that provides
1-24 services at a residence other than the child's home or foster home;
1-25 (C) a foster group home or an agency foster
2-1 group home as defined by Section 42.002, Human Resources Code;
2-2 (D) a nursing facility;
2-3 (E) an institution for the mentally retarded
2-4 [(C) a residential facility] licensed by the Department of
2-5 Protective and Regulatory Services; or
2-6 (F) [(D)] another residential arrangement other
2-7 than a foster home as defined by Section 42.002, Human Resources
2-8 Code, that provides care to four or more children who are unrelated
2-9 to each other.
2-10 (4) [(2)] "Permanency planning" means a philosophy and
2-11 planning process that focuses on the outcome of family support by
2-12 facilitating a permanent living arrangement with the primary
2-13 feature of an enduring and nurturing parental relationship.
2-14 Sec. 531.152. POLICY STATEMENT. It is the policy of the
2-15 state to strive to ensure that the basic needs for safety,
2-16 security, and stability are met for each child in Texas. A
2-17 successful family is the most efficient and effective way to meet
2-18 those needs. The state and local communities must work together to
2-19 provide encouragement and support for well-functioning families and
2-20 ensure that each child receives the benefits of being a part of a
2-21 successful permanent family as soon as possible.
2-22 Sec. 531.153. DEVELOPMENT OF PERMANENCY PLAN. (a) To
2-23 further the policy stated in Section 531.152 and except as provided
2-24 by Subsection (b), the commission and each appropriate health and
2-25 human services agency shall develop procedures to ensure that a
2-26 permanency plan is developed for each child who resides [residing]
3-1 in an institution in this state on a temporary or long-term basis
3-2 or with respect to [for] whom the commission or appropriate health
3-3 and human services agency is notified in advance that institutional
3-4 care is sought.
3-5 (b) The Department of Protective and Regulatory Services
3-6 shall develop a permanency plan as required by this subchapter for
3-7 each child who resides in an institution in this state for whom the
3-8 department has been appointed permanent managing conservator. The
3-9 department is not required to develop a permanency plan under this
3-10 subchapter for a child for whom the department has been appointed
3-11 temporary managing conservator, but may incorporate the
3-12 requirements of this subchapter in a permanency plan developed for
3-13 the child under Section 263.3025, Family Code.
3-14 (c) In developing procedures under Subsection (a), the
3-15 commission and other appropriate health and human services agencies
3-16 shall develop to the extent possible uniform procedures applicable
3-17 to each of the agencies and each child who is the subject of a
3-18 permanency plan that promote efficiency for the agencies and
3-19 stability for each child.
3-20 (d) In implementing permanency planning procedures under
3-21 Subsection (a) to develop a permanency plan for each child, the
3-22 Texas Department of Human Services, the Texas Department of Mental
3-23 Health and Mental Retardation, and the Department of Protective and
3-24 Regulatory Services may:
3-25 (1) delegate each department's duty to develop a
3-26 permanency plan to a local mental retardation authority, as defined
4-1 by Section 531.002, Health and Safety Code, or enter into a
4-2 memorandum of understanding with the local mental retardation
4-3 authority to develop the permanency plan for each child who resides
4-4 in an institution in this state or with respect to whom the
4-5 department is notified in advance that institutional care is
4-6 sought;
4-7 (2) contract with a private entity, other than an
4-8 entity that provides mental retardation services to a child who
4-9 resides in an institution in this state or with respect to whom the
4-10 department is notified in advance that institutional care is
4-11 sought, to develop a permanency plan for that child; or
4-12 (3) engage in other appropriate activities to minimize
4-13 the potential conflicts of interest that, in developing the plan,
4-14 may exist or arise between:
4-15 (A) the child's mental retardation services
4-16 provider, if applicable; and
4-17 (B) the best interest of the child.
4-18 (e) The Texas Department of Human Services, the Texas
4-19 Department of Mental Health and Mental Retardation, and the
4-20 Department of Protective and Regulatory Services may solicit and
4-21 accept gifts, grants, and donations to support the development of
4-22 permanency plans for children residing in institutions by
4-23 individuals or organizations not employed by or affiliated with
4-24 those institutions.
4-25 (f) A health and human services agency that contracts with a
4-26 private entity under Subsection (d) to develop a permanency plan
5-1 shall ensure that the entity is provided training regarding the
5-2 permanency planning philosophy under Section 531.151 and available
5-3 resources that will assist a child residing in an institution in
5-4 making a successful transition to a community-based residence.
5-5 Sec. 531.154. NOTIFICATION REQUIRED. (a) Not later than
5-6 the third day after the date a child is initially placed in an
5-7 institution, the institution shall notify:
5-8 (1) the Texas Department of Human Services, if the
5-9 child is placed in a nursing home;
5-10 (2) the local mental retardation authority, as defined
5-11 by Section 531.002, Health and Safety Code, where the institution
5-12 is located, if the child:
5-13 (A) is placed in an ICF-MR, as defined by
5-14 Section 531.002, Health and Safety Code; or
5-15 (B) is placed by a state or local child
5-16 protective services agency in an institution for the mentally
5-17 retarded licensed by the Department of Protective and Regulatory
5-18 Services;
5-19 (3) the community resource coordination group in the
5-20 county of residence of a parent or guardian of the child;
5-21 (4) if the child is at least three years of age, the
5-22 school district for the area in which the institution is located;
5-23 and
5-24 (5) if the child is less than three years of age, the
5-25 local early intervention program for the area in which the
5-26 institution is located.
6-1 (b) The Texas Department of Human Services shall notify the
6-2 local mental retardation authority, as defined by Section 531.002,
6-3 Health and Safety Code, of a child's placement in a nursing home if
6-4 the child is known or suspected to suffer from mental retardation
6-5 or another disability for which the child may receive services
6-6 through the Texas Department of Mental Health and Mental
6-7 Retardation.
6-8 Sec. 531.155. OFFER OF SERVICES. Each entity receiving
6-9 notice of the initial placement of a child in an institution under
6-10 Section 531.154 may contact the child's parent or guardian to
6-11 ensure that the parent or guardian is aware of:
6-12 (1) services and support that could provide
6-13 alternatives to placement of the child in the institution;
6-14 (2) available placement options; and
6-15 (3) opportunities for permanency planning.
6-16 Sec. 531.156. DESIGNATION OF ADVOCATE. (a) Except as
6-17 provided by Subsection (b), the Texas Department of Human Services
6-18 shall designate a person, including a member of a community-based
6-19 organization, to serve as a volunteer advocate for a child residing
6-20 in an institution to assist in developing a permanency plan for the
6-21 child if:
6-22 (1) the child's parent or guardian requests the
6-23 assistance of an advocate; or
6-24 (2) the institution in which the child is placed
6-25 cannot locate the child's parent or guardian.
6-26 (b) The Texas Department of Mental Health and Mental
7-1 Retardation shall designate the person to serve as a volunteer
7-2 advocate for a child in accordance with Subsection (a) if the child
7-3 resides in an institution operated by the department.
7-4 (c) The person designated by the Texas Department of Human
7-5 Services or the Texas Department of Mental Health and Mental
7-6 Retardation to serve as the child's volunteer advocate under this
7-7 section may be:
7-8 (1) a person selected by the child's parent or
7-9 guardian, except that the person may not be employed by or under a
7-10 contract with the institution in which the child resides;
7-11 (2) an adult relative of the child; or
7-12 (3) a representative of a child advocacy group.
7-13 (d) The Texas Department of Human Services or the Texas
7-14 Department of Mental Health and Mental Retardation, as appropriate,
7-15 shall provide to each person designated to serve as a child's
7-16 volunteer advocate information regarding permanency planning under
7-17 this subchapter.
7-18 Sec. 531.157. COMMUNITY-BASED SERVICES. A state agency that
7-19 receives notice of a child's placement in an institution shall
7-20 ensure that, on or before the third day after the date the agency
7-21 is notified of the child's placement in the institution, the child
7-22 is also placed on a waiting list for waiver program services under
7-23 Section 1915(c) of the federal Social Security Act (42 U.S.C.
7-24 Section 1396n), as amended, appropriate to the child's needs.
7-25 Sec. 531.158. LOCAL PERMANENCY PLANNING SITES. The
7-26 commission shall develop an implementation system that consists
8-1 initially of four or more local sites and that is designed to
8-2 coordinate planning for a permanent living arrangement and
8-3 relationship for a child with a family. In developing the system,
8-4 the commission shall:
8-5 (1) include criteria to identify children who need
8-6 permanency plans;
8-7 (2) require the establishment of a permanency plan for
8-8 each child who lives outside the child's family or for whom care or
8-9 protection is sought in an institution;
8-10 (3) include a process to determine the agency or
8-11 entity responsible for developing and overseeing implementation of
8-12 a child's permanency plan;
8-13 (4) identify, blend, and use funds from all available
8-14 sources to provide customized services and programs to implement a
8-15 child's permanency plan;
8-16 (5) clarify and expand the role of a local community
8-17 resource coordination group in ensuring accountability for a child
8-18 who resides in an institution or who is at risk of being placed in
8-19 an institution;
8-20 (6) require reporting of each placement or potential
8-21 placement of a child in an institution or other living arrangement
8-22 outside of the child's home; and
8-23 (7) assign in each local permanency planning site area
8-24 a single gatekeeper for all children in the area for whom placement
8-25 in an institution through a program funded by the state is sought
8-26 with authority to ensure that:
9-1 (A) family members of each child are aware of:
9-2 (i) intensive services that could prevent
9-3 placement of the child in an institution; and
9-4 (ii) available placement options; and
9-5 (B) permanency planning is initiated for each
9-6 child.
9-7 Sec. 531.159. MONITORING OF PERMANENCY PLANNING EFFORTS.
9-8 (a) The commission and each appropriate health and human services
9-9 agency shall require a person who develops a permanency plan for a
9-10 child residing in an institution to identify and document in the
9-11 child's permanency plan all ongoing permanency planning efforts at
9-12 least semiannually to ensure that, as soon as possible, the child
9-13 will benefit from a permanent living arrangement with an enduring
9-14 and nurturing parental relationship.
9-15 (b) The chief executive officer of each appropriate health
9-16 and human services agency or the officer's designee must approve
9-17 the placement of a child in an institution. The initial placement
9-18 of the child in the institution is temporary and may not exceed six
9-19 months unless the appropriate chief executive officer or the
9-20 officer's designee approves an extension of an additional six
9-21 months after conducting a review of documented permanency planning
9-22 efforts to unite the child with a family in a permanent living
9-23 arrangement. After the initial six-month extension of a child's
9-24 placement in an institution approved under this subsection, the
9-25 chief executive officer or the officer's designee shall conduct a
9-26 review of the child's placement in the institution at least
10-1 semiannually to determine whether a continuation of that placement
10-2 is warranted. If, based on the review, the chief executive officer
10-3 or the officer's designee determines that an additional extension
10-4 is warranted, the officer or the officer's designee shall recommend
10-5 to the commissioner that the child continue residing in the
10-6 institution.
10-7 (c) On receipt of a recommendation made under Subsection (b)
10-8 for an extension of a child's placement, the commissioner, the
10-9 commissioner's designee, or another person with whom the commission
10-10 contracts shall conduct a review of the child's placement. Based
10-11 on the results of the review, the commissioner or the
10-12 commissioner's designee may approve a six-month extension of the
10-13 child's placement if the extension is appropriate.
10-14 (d) The child may continue residing in the institution after
10-15 the six-month extension approved under Subsection (c) only if the
10-16 chief executive officer of the appropriate health and human
10-17 services agency or the officer's designee makes subsequent
10-18 recommendations as provided by Subsection (b) for each additional
10-19 six-month extension and the commissioner or the commissioner's
10-20 designee approves each extension as provided by Subsection (c).
10-21 (e) The commissioner or the commissioner's designee shall
10-22 conduct a semiannual review of data received from health and human
10-23 services agencies regarding all children who reside in institutions
10-24 in this state. The commissioner, the commissioner's designee, or a
10-25 person with whom the commission contracts shall also review the
10-26 recommendations of the chief executive officers of each appropriate
11-1 health and human services agency or the officer's designee if the
11-2 officer or the officer's designee repeatedly recommends that
11-3 children continue residing in an institution.
11-4 (f) The commission by rule shall develop procedures by which
11-5 to conduct the reviews required by Subsections (c), (d), and (e).
11-6 In developing the procedures, the commission shall seek input from
11-7 the work group on children's long-term care and health programs
11-8 established under Section 22.035, Human Resources Code.
11-9 Sec. 531.160. INSPECTIONS. As part of each inspection,
11-10 survey, or investigation of an institution, including a nursing
11-11 home, institution for the mentally retarded licensed by the
11-12 Department of Protective and Regulatory Services, or ICF-MR, as
11-13 defined by Section 531.002, Health and Safety Code, in which a
11-14 child resides, the agency or the agency's designee shall determine
11-15 the extent to which the nursing home, institution, or ICF-MR is
11-16 complying with the permanency planning requirements under this
11-17 subchapter.
11-18 Sec. 531.161. ACCESS TO RECORDS. Each institution in which
11-19 a child resides shall allow the commission and appropriate health
11-20 and human services agencies access to the child's records to assist
11-21 the commission or agency in complying with the requirements of this
11-22 subchapter.
11-23 Sec. 531.162 [531.155]. PERMANENCY REPORTING. (a) For each
11-24 of the local permanency planning sites, the commission shall
11-25 develop a reporting system under which each appropriate health and
11-26 human services agency responsible for permanency planning under
12-1 this subchapter is required to provide to the commission
12-2 semiannually:
12-3 (1) the number of permanency plans developed by the
12-4 agency for children residing in institutions or children at risk of
12-5 being placed in institutions;
12-6 (2) progress achieved in implementing permanency
12-7 plans;
12-8 (3) the number of children served by the agency
12-9 residing in institutions;
12-10 (4) the number of children served by the agency at
12-11 risk of being placed in an institution served by the local
12-12 permanency planning sites;
12-13 (5) the number of children served by the agency
12-14 reunited with their families or placed with alternate permanent
12-15 families; and
12-16 (6) cost data related to the development and
12-17 implementation of permanency plans.
12-18 (b) The commissioner shall submit a semiannual report to the
12-19 governor and the committees of each house of the legislature that
12-20 have primary oversight jurisdiction over health and human services
12-21 agencies regarding:
12-22 (1) the number of children residing in institutions in
12-23 this state and, of those children, the number for whom a
12-24 recommendation has been made for a transition to a community-based
12-25 residence but who have not yet made that transition;
12-26 (2) the circumstances of each child described by
13-1 Subdivision (1), including the type of institution and name of the
13-2 institution in which the child resides, the child's age, the
13-3 residence of the child's parents or guardians, and the length of
13-4 time in which the child has resided in the institution;
13-5 (3) the number of permanency plans developed for
13-6 children residing in institutions in this state, the progress
13-7 achieved in implementing those plans, and barriers to implementing
13-8 those plans;
13-9 (4) the number of children who previously resided in
13-10 an institution in this state and have made the transition to a
13-11 community-based residence;
13-12 (5) the number of children who previously resided in
13-13 an institution in this state and have been reunited with their
13-14 families or placed with alternate families;
13-15 (6) the community supports that resulted in the
13-16 successful placement of children described by Subdivision (5) with
13-17 alternate families; and
13-18 (7) the community supports that are unavailable but
13-19 necessary to address the needs of children who continue to reside
13-20 in an institution in this state after being recommended to make a
13-21 transition from the institution to an alternate family or
13-22 community-based residence.
13-23 Sec. 531.163. EFFECT ON OTHER LAW. This subchapter does not
13-24 affect responsibilities imposed by federal or other state law on a
13-25 physician or other professional.
13-26 SECTION 2. Subchapter B, Chapter 531, Government Code, is
14-1 amended by adding Section 531.055 to read as follows:
14-2 Sec. 531.055. FAMILY-BASED ALTERNATIVES FOR CHILDREN.
14-3 (a) The purpose of the system of family-based alternatives
14-4 required by this section is to further the state's policy of
14-5 providing for a child's basic needs for safety, security, and
14-6 stability through ensuring that a child becomes a part of a
14-7 successful permanent family as soon as possible.
14-8 (b) In achieving the purpose described by Subsection (a),
14-9 the system is intended to be operated in a manner that recognizes
14-10 that parents are a valued and integral part of the process
14-11 established under the system. The system shall encourage parents
14-12 to participate in all decisions affecting their children and shall
14-13 respect the authority of parents, other than parents whose parental
14-14 rights have been terminated, to make decisions regarding their
14-15 children.
14-16 (c) In this section:
14-17 (1) "Child" means a person younger than 22 years of
14-18 age who has a physical or developmental disability or who is
14-19 medically fragile.
14-20 (2) "Family-based alternative" means a family setting
14-21 in which the family provider or providers are specially trained to
14-22 provide support and in-home care for children with disabilities or
14-23 children who are medically fragile.
14-24 (3) "Institution" means any congregate care facility,
14-25 including:
14-26 (A) a nursing home;
15-1 (B) an ICF-MR facility, as defined by Section
15-2 531.002, Health and Safety Code;
15-3 (C) a group home operated by the Texas
15-4 Department of Mental Health and Mental Retardation; and
15-5 (D) an institution for the mentally retarded
15-6 licensed by the Department of Protective and Regulatory Services.
15-7 (4) "Waiver services" means services provided under:
15-8 (A) the Medically Dependent Children Program;
15-9 (B) the Community Living Assistance and Support
15-10 Services Program;
15-11 (C) the Home and Community-based Waiver Services
15-12 Program, including the HCS-OBRA Program;
15-13 (D) the Mental Retardation-Local Authority Pilot
15-14 Project (MRLA);
15-15 (E) the Deaf, Blind, and Multiply Disabled
15-16 Program; and
15-17 (F) any other Section 1915(c) waiver program
15-18 that provides long-term care services for children.
15-19 (d) The commission shall contract with a community
15-20 organization, including a faith-based community organization, or a
15-21 nonprofit organization for the development and implementation of a
15-22 system under which a child who cannot reside with the child's birth
15-23 family may receive necessary services in a family-based alternative
15-24 instead of an institution. To be eligible for the contract under
15-25 this subsection, an organization must possess knowledge regarding
15-26 the support needs of children with disabilities and their families.
16-1 For purposes of this subsection, a community organization,
16-2 including a faith-based community organization, or a nonprofit
16-3 organization does not include:
16-4 (1) any governmental entity; or
16-5 (2) any quasi-governmental entity to which a state
16-6 agency delegates its authority and responsibility for planning,
16-7 supervising, providing, or ensuring the provision of state
16-8 services.
16-9 (e) The contractor may subcontract for one or more
16-10 components of implementation of the system with:
16-11 (1) community organizations, including faith-based
16-12 community organizations;
16-13 (2) nonprofit organizations;
16-14 (3) governmental entities; or
16-15 (4) quasi-governmental entities to which state
16-16 agencies delegate authority and responsibility for planning,
16-17 supervising, providing, or ensuring the provision of state
16-18 services.
16-19 (f) The commission shall begin implementation of the system
16-20 in areas of this state with high numbers of children who reside in
16-21 institutions.
16-22 (g) Each affected health and human services agency shall
16-23 cooperate with the contractor and any subcontractors and take all
16-24 action necessary to implement the system and comply with the
16-25 requirements of this section. The commission has final authority
16-26 to make any decisions and resolve any disputes regarding the
17-1 system.
17-2 (h) The system may be administered in cooperation with
17-3 public and private entities.
17-4 (i) The system must provide for:
17-5 (1) recruiting and training alternative families to
17-6 provide services for children;
17-7 (2) comprehensively assessing each child in need of
17-8 services and each alternative family available to provide services,
17-9 as necessary to identify the most appropriate alternative family
17-10 for placement of the child;
17-11 (3) providing to a child's parents or guardian
17-12 information regarding the availability of a family-based
17-13 alternative;
17-14 (4) identifying each child residing in an institution
17-15 and offering support services, including waiver services, that
17-16 would enable the child to return to the child's birth family or be
17-17 placed in a family-based alternative; and
17-18 (5) determining through a child's permanency plan
17-19 other circumstances in which the child must be offered waiver
17-20 services, including circumstances in which changes in an
17-21 institution's status affect the child's placement or the quality of
17-22 services received by the child.
17-23 (j) In complying with the requirement imposed by Subsection
17-24 (i)(3), the commission shall ensure that the procedures for
17-25 providing information to parents or a guardian permit and encourage
17-26 the participation of an individual who is not affiliated with the
18-1 institution in which the child resides or with an institution in
18-2 which the child could be placed.
18-3 (k) In placing a child in a family-based alternative, the
18-4 system may use a variety of placement options, including an
18-5 arrangement in which shared parenting occurs between the
18-6 alternative family and the child's birth family. Regardless of the
18-7 option used, a family-based alternative placement must be designed
18-8 to be a long-term arrangement, except in cases in which the child's
18-9 birth family chooses to return the child to their home. In cases
18-10 in which the birth family's parental rights have been terminated,
18-11 adoption of the child by the child's alternative family is an
18-12 available option.
18-13 (l) The commission or the contractor may solicit and accept
18-14 gifts, grants, and donations to support the system's functions
18-15 under this section.
18-16 (m) In designing the system, the commission shall consider
18-17 and, when appropriate, incorporate current research and
18-18 recommendations developed by other public and private entities
18-19 involved in analyzing public policy relating to children residing
18-20 in institutions.
18-21 (n) As necessary to implement this section, the commission
18-22 shall:
18-23 (1) ensure that an appropriate number of openings for
18-24 waiver services that become available as a result of funding for
18-25 the purpose of transferring persons with disabilities into
18-26 community-based services are made available to both children and
19-1 adults;
19-2 (2) ensure that service definitions applicable to
19-3 waiver services are modified as necessary to permit the provision
19-4 of waiver services through family-based alternatives;
19-5 (3) ensure that procedures are implemented for making
19-6 a level of care determination for each child and identifying the
19-7 most appropriate waiver service for the child, including procedures
19-8 under which the director of long-term care for the commission,
19-9 after considering any preference of the child's birth family or
19-10 alternative family, resolves disputes among agencies about the most
19-11 appropriate waiver service; and
19-12 (4) require that the health and human services agency
19-13 responsible for providing a specific waiver service to a child also
19-14 assume responsibility for identifying any necessary transition
19-15 activities or services.
19-16 (o) Not later than January 1 of each year, the commission
19-17 shall report to the legislature on the implementation of the
19-18 system. The report must include a statement of:
19-19 (1) the number of children currently receiving care in
19-20 an institution;
19-21 (2) the number of children placed in a family-based
19-22 alternative under the system during the preceding year;
19-23 (3) the number of children who left an institution
19-24 during the preceding year under an arrangement other than a
19-25 family-based alternative under the system or for another reason
19-26 unrelated to the availability of a family-based alternative under
20-1 the system;
20-2 (4) the number of children waiting for an available
20-3 placement in a family-based alternative under the system; and
20-4 (5) the number of alternative families trained and
20-5 available to accept placement of a child under the system.
20-6 SECTION 3. (a) The Health and Human Services Commission
20-7 shall conduct a study regarding:
20-8 (1) the feasibility of bifurcating the reimbursement
20-9 provided for permanency planning activities under Chapter 531,
20-10 Government Code, from the reimbursement provided to an institution
20-11 in which a child resides for the care of that child; and
20-12 (2) alternate mechanisms for providing reimbursement
20-13 for permanency planning activities that will enhance those
20-14 activities.
20-15 (b) Based on the results of the study conducted under this
20-16 section, the Health and Human Services Commission by rule shall
20-17 modify the method of reimbursement provided for permanency planning
20-18 activities to incorporate modifications determined to be effective
20-19 in enhancing those activities.
20-20 SECTION 4. Subchapter O, Chapter 242, Health and Safety
20-21 Code, as added by Chapter 913, Acts of the 75th Legislature,
20-22 Regular Session, 1997, is repealed.
20-23 SECTION 5. Notwithstanding Section 6 of this Act, the
20-24 commissioner of health and human services and each appropriate
20-25 health and human services agency, as defined by Section 531.001,
20-26 Government Code, shall begin conducting the reviews required by
21-1 Section 531.159, Government Code, as added by this Act, not later
21-2 than March 1, 2002.
21-3 SECTION 6. If before implementing any provision of this Act
21-4 a state agency determines that a waiver or authorization from a
21-5 federal agency is necessary for implementation of that provision,
21-6 the agency affected by the provision shall request the waiver or
21-7 authorization and may delay implementing that provision until the
21-8 waiver or authorization is granted.
21-9 SECTION 7. Effective September 1, 2003, or a later date on
21-10 which the Texas Department of Aging and Disability Services assumes
21-11 the functions of the Texas Department on Aging, as provided by
21-12 Chapter 1505, Acts of the 76th Legislature, Regular Session, 1999,
21-13 a reference in Section 531.055, Government Code, as added by this
21-14 Act, to the commission means the Texas Department of Aging and
21-15 Disability Services. This section of this Act has no effect if the
21-16 Texas Department of Aging and Disability Services does not assume
21-17 the functions of the Texas Department on Aging.
21-18 SECTION 8. Notwithstanding Subsection (o), Section 531.055,
21-19 Government Code, as added by this Act, the Health and Human
21-20 Services Commission shall submit the report required by that
21-21 section beginning with the report due on January 1, 2003.
21-22 SECTION 9. The Health and Human Services Commission shall:
21-23 (1) take all action necessary to ensure that requests
21-24 for proposals necessary to implement Section 531.055, Government
21-25 Code, as added by this Act, are issued as soon as possible after
21-26 the effective date of this Act; and
22-1 (2) include implementation timelines in any contract
22-2 executed by the commission after receiving responses to the
22-3 requests for proposals.
22-4 SECTION 10. The Health and Human Services Commission is
22-5 required to implement Section 531.055, Government Code, as added by
22-6 this Act, only if the legislature appropriates money specifically
22-7 for that purpose or the commission determines that other sources of
22-8 funding, including other legislative appropriations, federal funds,
22-9 gifts, grants, or donations, are available for that purpose. If
22-10 funding is available only for specific provisions of Section
22-11 531.055, Government Code, as added by this Act, the Health and
22-12 Human Services Commission shall implement those provisions to the
22-13 extent practicable, regardless of the lack of available funding for
22-14 the other provisions of that section.
22-15 SECTION 11. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 368 passed the Senate on
April 19, 2001, by a viva-voce vote; and that the Senate concurred
in House amendment on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 368 passed the House, with
amendment, on May 11, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor