1-1                                   AN ACT
 1-2     relating to a memorandum of understanding for services for persons
 1-3     needing multiagency services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 531, Government Code, is
 1-6     amended by adding Section 531.055 to read as follows:
 1-7           Sec. 531.055.  MEMORANDUM OF UNDERSTANDING ON SERVICES FOR
 1-8     PERSONS NEEDING MULTIAGENCY SERVICES.  (a)  Each health and human
 1-9     services agency, the Texas Council on Offenders with Mental
1-10     Impairments, the Texas Department of Criminal Justice, the Texas
1-11     Department of Housing and Community Affairs, the Texas Education
1-12     Agency, the Texas Workforce Commission, and the Texas Youth
1-13     Commission shall adopt a joint memorandum of understanding to
1-14     promote a system of local-level interagency staffing groups to
1-15     coordinate services for persons needing multiagency services.
1-16           (b)  The memorandum must:
1-17                 (1)  clarify the statutory responsibilities of each
1-18     agency in relation to persons needing multiagency services,
1-19     including subcategories for different services such as prevention,
1-20     family preservation and strengthening, aging in place, emergency
1-21     shelter, diagnosis and evaluation, residential care, after-care,
1-22     information and referral, medical care, and investigation services;
1-23                 (2)  include a functional definition of "persons
1-24     needing multiagency services";
1-25                 (3)  outline membership, officers, and necessary
 2-1     standing committees of local-level interagency staffing groups;
 2-2                 (4)  define procedures aimed at eliminating duplication
 2-3     of services relating to assessment and diagnosis, treatment,
 2-4     residential placement and care, and case management of persons
 2-5     needing multiagency services;
 2-6                 (5)  define procedures for addressing disputes between
 2-7     the agencies that relate to the agencies' areas of service
 2-8     responsibilities;
 2-9                 (6)  provide that each local-level interagency staffing
2-10     group includes:
2-11                       (A)  a local representative of each agency;
2-12                       (B)  representatives of local private sector
2-13     agencies; and
2-14                       (C)  family members or caregivers of persons
2-15     needing multiagency services or other current or previous consumers
2-16     of multiagency services acting as general consumer advocates;
2-17                 (7)  provide that the local representative of each
2-18     agency has authority to contribute agency resources to solving
2-19     problems identified by the local-level interagency staffing group;
2-20                 (8)  provide that if a person's needs exceed the
2-21     resources of an agency, the agency may, with the consent of the
2-22     person's legal guardian, if applicable, submit a referral on behalf
2-23     of the person to the local-level interagency staffing group for
2-24     consideration;
2-25                 (9)  provide that a local-level interagency staffing
2-26     group may be called together by a representative of any member
 3-1     agency;
 3-2                 (10)  provide that an agency representative may be
 3-3     excused from attending a meeting if the staffing group determines
 3-4     that the age or needs of the person to be considered are clearly
 3-5     not within the agency's service responsibilities, provided that
 3-6     each agency representative is encouraged to attend all meetings to
 3-7     contribute to the collective ability of the staffing group to solve
 3-8     a person's need for multiagency services;
 3-9                 (11)  define the relationship between state-level
3-10     interagency staffing groups and local-level interagency staffing
3-11     groups in a manner that defines, supports, and maintains local
3-12     autonomy;
3-13                 (12)  provide that records that are used or developed
3-14     by a local-level interagency staffing group or its members that
3-15     relate to a particular person are confidential and may not be
3-16     released to any other person or agency except as provided by this
3-17     section or by other law; and
3-18                 (13)  provide a procedure that permits the agencies to
3-19     share confidential information while preserving the confidential
3-20     nature of the information.
3-21           (c)  The agencies that participate in the formulation of the
3-22     memorandum of understanding shall consult with and solicit input
3-23     from advocacy and consumer groups.
3-24           (d)  Each agency shall adopt the memorandum of understanding
3-25     and all revisions to the memorandum.  The agencies shall develop
3-26     revisions as necessary to reflect major agency reorganizations or
 4-1     statutory changes affecting the agencies.
 4-2           (e)  The agencies shall ensure that a state-level interagency
 4-3     staffing group provides a biennial report to the executive director
 4-4     of each agency, the legislature,  and the governor that includes:
 4-5                 (1)  the number of persons served through the
 4-6     local-level interagency staffing groups and the outcomes of the
 4-7     services provided;
 4-8                 (2)  a description of any barriers identified to the
 4-9     state's ability to provide effective services to persons needing
4-10     multiagency services; and
4-11                 (3)  any other information relevant to improving the
4-12     delivery of services to persons needing multiagency services.
4-13           SECTION 2.  Subdivision (2), Section 242.801, Health and
4-14     Safety Code, is amended to read as follows:
4-15                 (2)  "Community resource coordination group" means a
4-16     coordination group established under the memorandum of
4-17     understanding adopted under Section 531.055, Government [264.003,
4-18     Family] Code.
4-19           SECTION 3.  Section 264.003, Family Code, is repealed.
4-20           SECTION 4.  The memorandum of understanding adopted under
4-21     Section 264.003, Family Code, as that section existed before repeal
4-22     by this Act, remains in effect until the memorandum of
4-23     understanding required by Section 531.055, Government Code, as
4-24     added by this Act, is adopted and takes effect.
4-25           SECTION 5.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1468 passed the Senate on
         April 5, 2001, by the following vote:  Yeas 30, Nays 0, 1 present,
         not voting; and that the Senate concurred in House amendment on
         April 27, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1468 passed the House, with
         amendment, on April 20, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor