1-1 By: Moncrief S.B. No. 1468
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 19, 2001, rereferred to Committee on Health and Human
1-5 Services; March 27, 2001, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-7 March 27, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 1468 By: Moncrief
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to a memorandum of understanding for services for persons
1-12 needing multiagency services.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-15 amended by adding Section 531.055 to read as follows:
1-16 Sec. 531.055. MEMORANDUM OF UNDERSTANDING ON SERVICES FOR
1-17 PERSONS NEEDING MULTIAGENCY SERVICES. (a) Each health and human
1-18 services agency, the Texas Council on Offenders with Mental
1-19 Impairments, the Texas Department of Criminal Justice, the Texas
1-20 Department of Housing and Community Affairs, the Texas Education
1-21 Agency, the Texas Workforce Commission, and the Texas Youth
1-22 Commission shall adopt a joint memorandum of understanding to
1-23 promote a system of local-level interagency staffing groups to
1-24 coordinate services for persons needing multiagency services.
1-25 (b) The memorandum must:
1-26 (1) clarify the statutory responsibilities of each
1-27 agency in relation to persons needing multiagency services,
1-28 including subcategories for different services such as prevention,
1-29 family preservation and strengthening, aging in place, emergency
1-30 shelter, diagnosis and evaluation, residential care, after-care,
1-31 information and referral, medical care, and investigation services;
1-32 (2) include a functional definition of "persons
1-33 needing multiagency services";
1-34 (3) outline membership, officers, and necessary
1-35 standing committees of local-level interagency staffing groups;
1-36 (4) define procedures aimed at eliminating duplication
1-37 of services relating to assessment and diagnosis, treatment,
1-38 residential placement and care, and case management of persons
1-39 needing multiagency services;
1-40 (5) define procedures for addressing disputes between
1-41 the agencies that relate to the agencies' areas of service
1-42 responsibilities;
1-43 (6) provide that each local-level interagency staffing
1-44 group includes:
1-45 (A) a local representative of each agency;
1-46 (B) representatives of local private sector
1-47 agencies; and
1-48 (C) family members or caregivers of persons
1-49 needing multiagency services or other current or previous consumers
1-50 of multiagency services acting as general consumer advocates;
1-51 (7) provide that the local representative of each
1-52 agency has authority to contribute agency resources to solving
1-53 problems identified by the local-level interagency staffing group;
1-54 (8) provide that if a person's needs exceed the
1-55 resources of an agency, the agency may, with the consent of the
1-56 person's legal guardian, if applicable, submit a referral on behalf
1-57 of the person to the local-level interagency staffing group for
1-58 consideration;
1-59 (9) provide that a local-level interagency staffing
1-60 group may be called together by a representative of any member
1-61 agency;
1-62 (10) provide that an agency representative may be
1-63 excused from attending a meeting if the staffing group determines
1-64 that the age or needs of the person to be considered are clearly
2-1 not within the agency's service responsibilities, provided that
2-2 each agency representative is encouraged to attend all meetings to
2-3 contribute to the collective ability of the staffing group to solve
2-4 a person's need for multiagency services;
2-5 (11) define the relationship between state-level
2-6 interagency staffing groups and local-level interagency staffing
2-7 groups;
2-8 (12) provide that records that are used or developed
2-9 by a local-level interagency staffing group or its members that
2-10 relate to a particular person are confidential and may not be
2-11 released to any other person or agency except as provided by this
2-12 section or by other law; and
2-13 (13) provide a procedure that permits the agencies to
2-14 share confidential information while preserving the confidential
2-15 nature of the information.
2-16 (c) The agencies that participate in the formulation of the
2-17 memorandum of understanding shall consult with and solicit input
2-18 from advocacy and consumer groups.
2-19 (d) Each agency shall adopt the memorandum of understanding
2-20 and all revisions to the memorandum. The agencies shall develop
2-21 revisions as necessary to reflect major agency reorganizations or
2-22 statutory changes affecting the agencies.
2-23 (e) The agencies shall ensure that a state-level interagency
2-24 staffing group provides a biennial report to the executive director
2-25 of each agency, the legislature, and the governor that includes:
2-26 (1) the number of persons served through the
2-27 local-level interagency staffing groups and the outcomes of the
2-28 services provided;
2-29 (2) a description of any barriers identified to the
2-30 state's ability to provide effective services to persons needing
2-31 multiagency services; and
2-32 (3) any other information relevant to improving the
2-33 delivery of services to persons needing multiagency services.
2-34 SECTION 2. Subdivision (2), Section 242.801, Health and
2-35 Safety Code, is amended to read as follows:
2-36 (2) "Community resource coordination group" means a
2-37 coordination group established under the memorandum of
2-38 understanding adopted under Section 531.055, Government [264.003,
2-39 Family] Code.
2-40 SECTION 3. Section 264.003, Family Code, is repealed.
2-41 SECTION 4. The memorandum of understanding adopted under
2-42 Section 264.003, Family Code, as that section existed before repeal
2-43 by this Act, remains in effect until the memorandum of
2-44 understanding required by Section 531.055, Government Code, as
2-45 added by this Act, is adopted and takes effect.
2-46 SECTION 5. This Act takes effect September 1, 2001.
2-47 * * * * *