77R12648 KKA-F
By Moncrief S.B. No. 1468
Substitute the following for S.B. No. 1468:
By Naishtat C.S.S.B. No. 1468
A BILL TO BE ENTITLED
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";
2-1 (3) outline membership, officers, and necessary
2-2 standing committees of local-level interagency staffing groups;
2-3 (4) define procedures aimed at eliminating duplication
2-4 of services relating to assessment and diagnosis, treatment,
2-5 residential placement and care, and case management of persons
2-6 needing multiagency services;
2-7 (5) define procedures for addressing disputes between
2-8 the agencies that relate to the agencies' areas of service
2-9 responsibilities;
2-10 (6) provide that each local-level interagency staffing
2-11 group includes:
2-12 (A) a local representative of each agency;
2-13 (B) representatives of local private sector
2-14 agencies; and
2-15 (C) family members or caregivers of persons
2-16 needing multiagency services or other current or previous consumers
2-17 of multiagency services acting as general consumer advocates;
2-18 (7) provide that the local representative of each
2-19 agency has authority to contribute agency resources to solving
2-20 problems identified by the local-level interagency staffing group;
2-21 (8) provide that if a person's needs exceed the
2-22 resources of an agency, the agency may, with the consent of the
2-23 person's legal guardian, if applicable, submit a referral on behalf
2-24 of the person to the local-level interagency staffing group for
2-25 consideration;
2-26 (9) provide that a local-level interagency staffing
2-27 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
3-27 statutory changes affecting the agencies.
4-1 (e) The agencies shall ensure that a state-level interagency
4-2 staffing group provides a biennial report to the executive director
4-3 of each agency, the legislature, and the governor that includes:
4-4 (1) the number of persons served through the
4-5 local-level interagency staffing groups and the outcomes of the
4-6 services provided;
4-7 (2) a description of any barriers identified to the
4-8 state's ability to provide effective services to persons needing
4-9 multiagency services; and
4-10 (3) any other information relevant to improving the
4-11 delivery of services to persons needing multiagency services.
4-12 SECTION 2. Subdivision (2), Section 242.801, Health and
4-13 Safety Code, is amended to read as follows:
4-14 (2) "Community resource coordination group" means a
4-15 coordination group established under the memorandum of
4-16 understanding adopted under Section 531.055, Government [264.003,
4-17 Family] Code.
4-18 SECTION 3. Section 264.003, Family Code, is repealed.
4-19 SECTION 4. The memorandum of understanding adopted under
4-20 Section 264.003, Family Code, as that section existed before repeal
4-21 by this Act, remains in effect until the memorandum of
4-22 understanding required by Section 531.055, Government Code, as
4-23 added by this Act, is adopted and takes effect.
4-24 SECTION 5. This Act takes effect September 1, 2001.