1-1     By:  Carona, Madla, Moncrief                           S.B. No. 535
 1-2           (In the Senate - Filed February 5, 2001; February 6, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 23, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     April 23, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 535            By:  Carona, Madla
                                A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the continuation and functions of the Texas Department
1-10     on Aging.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 2.12, Chapter 1505, Acts of the 76th
1-13     Legislature, Regular Session, 1999, is amended to read as follows:
1-14           Sec. 2.12.  This article takes effect September 1, 2005
1-15     [2003].
1-16           SECTION 2.  Section 101.002, Human Resources Code, is amended
1-17     to read as follows:
1-18           Sec. 101.002.  SUNSET PROVISION.  The Texas Department on
1-19     Aging is subject to Chapter 325, Government Code (Texas Sunset
1-20     Act).  Unless continued in existence as provided by that chapter,
1-21     the department is abolished and this chapter expires September 1,
1-22     2006 [2004].
1-23           SECTION 3.  Not later than January 1, 2003, the commissioner
1-24     of health and human services shall:
1-25                 (1)  identify each function of the Texas Department on
1-26     Aging and determine whether each identified function primarily
1-27     relates to the direct provision of long-term care services or to
1-28     other department services for older persons;
1-29                 (2)  recommend functions identified as primarily
1-30     relating to the direct provision of long-term care services that
1-31     could be transferred to the Texas Department of Human Services to
1-32     improve delivery of those services, provided that the
1-33     recommendations for transfer do not conflict with the Older
1-34     Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), as amended;
1-35                 (3)  evaluate the degree of coordination between the
1-36     Texas Department on Aging and the Texas Department of Human
1-37     Services; and
1-38                 (4)  submit a report to the legislature that includes:
1-39                       (A)  a list of all functions of the Texas
1-40     Department on Aging identified by the commissioner;
1-41                       (B)  a list of all functions primarily relating
1-42     to the direct provision of long-term care services recommended by
1-43     the commissioner for transfer to the Texas Department of Human
1-44     Services;
1-45                       (C)  a description of the recommended role and
1-46     functions of the Texas Department on Aging after the recommended
1-47     transfers of functions primarily relating to the direct provision
1-48     of long-term care services; and
1-49                       (D)  a description of the degree of coordination
1-50     between the Texas Department on Aging and the Texas Department of
1-51     Human Services.
1-52           SECTION 4.  This Act takes effect September 1, 2001.
1-53                                  * * * * *