78S30524 JJT-D

By:  Hinojosa                                                     S.B. No. 27 



A BILL TO BE ENTITLED

AN ACT

relating to the state's financing of foster care payments.                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  The House Committee on Human Services and 
the Senate Committee on Health and Human Services shall jointly 
study the efficacy of restructuring the foster care payments as 
directed by Rider 21 following the appropriations to the Department 
of Protective and Regulatory Services made by Article II, Chapter 
1330, Acts of the 78th Legislature, Regular Session, 2003 (the 
General Appropriations Act).  Before March 1, 2004, the committees 
shall:
		(1)  conduct at least three separate public hearings to 
receive public testimony in at least three separate geographic 
regions of this state;
		(2)  determine the findings of the study by a majority 
vote of the combined committees; and
		(3)  report the findings of the study to the governor, 
the lieutenant governor, the speaker of the house of 
representatives, the Legislative Budget Board, the Department of 
Protective and Regulatory Services, and the Health and Human 
Services Commission.
	(b)  It is the intent of the legislature that the Legislative 
Budget Board, the Department of Protective and Regulatory Services, 
and the Health and Human Services Commission delay implementation 
of Rider 21 following the appropriations to the Department of 
Protective and Regulatory Services made by Article II, Chapter 
1330, Acts of the 78th Legislature, Regular Session, 2003 (the 
General Appropriations Act), until the state fiscal year beginning 
September 1, 2004, and shall implement Rider 21 for that state 
fiscal year only if the findings of the study conducted under 
Subsection (a) of this section state that merging levels of care as 
proposed by Rider 21 is in the best interests of the foster children 
of this state.  The proposed plan for levels of care restructuring 
required by Rider 21 is due not later than the 60th day after the 
date the report is made under Subsection (a) of this section.
	SECTION 2.  It is the intent of the legislature that the 
Legislative Budget Board shall use all available fiscal management 
tools to supplement any shortfall in foster care payments due 
during the state fiscal biennium ending August 31, 2005.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.