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                                  * * * * *