S.B. 285 78(R)    BILL ANALYSIS


S.B. 285
By: Nelson
Human Services
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The Texas Department of Human Services (DHS) is subject to the Sunset Act.
In 2001, the 77th Texas Legislature continued the agency until 2011, and
required the Sunset Advisory Commission (commission) to conduct a limited
review of DHS. Senate Bill 285 provides for several statutory
modifications recommended by the commission. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 11 (Section 22.040, Human Resources Code) of this
bill. Rulemaking authority is expressly granted to the Texas Board of
Human Services in SECTION 14 (Section 242.610, Human Resources Code) of
this bill. 

ANALYSIS

SECTION 1. Amends Sections 21.003(d), (h), and (j), Human Resources Code,
as follows: (d) Requires the governor to designate a member of the Texas
Board of Human Services (board) as the presiding officer of the board to
serve in that capacity at the pleasure of the governor. (h) Provides that
a person is not eligible for appointment to the board if the person or the
person's spouse meets certain criteria. (j) Prohibits a person from being
a member of the board or acting as general counsel to the board or the
Texas Department of Human Services (DHS) if the person is required to
register as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession related to
the operation of DHS.  

SECTION 2. Amends Section 21.0031, Human Resources Code, as follows: Sec.
21.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND EMPLOYMENT. (a) Prohibits a
person from being a member of the board and from being a DHS employee
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor Standards
Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent
amendments, if certain conditions exist. (b) Redefines "Texas trade
association."  

SECTION 3. Amends Section 21.0032, Human Resources Code, as follows: Sec.
21.0032. GROUNDS FOR REMOVAL. (a) Provides that it is a ground for removal
from the board that a member does not meet certain criteria. (b) Provides
that the validity of an action of the board is not affected by the fact
that it is taken when a ground for removal of a board member exists. (c)
Requires the commissioner of human services (commissioner), if the
commissioner has knowledge that a potential ground for removal exists, to
notify the presiding officer of the board of the potential ground.
Requires the presiding officer to then notify the governor and the
attorney general that a potential ground for removal exists. Requires the
commissioner, if the potential ground for removal involves the presiding
officer, to notify the next highest ranking officer of the board, who
shall then notify the governor and the attorney general that a potential
ground for removal exists.  

SECTION 4. Amends Section 21.0051, Human Resources Code, by amending
Subsections (a) and (c) and adding Subsection (f), as follows: (a)
Requires the board to develop and implement policies that clearly separate
the policymaking responsibilities of the board and the management
responsibilities of the commissioner and the staff of DHS. (c) Requires
the commissioner or the commissioner's designee to prepare and maintain a
written policy statement that implements a  program of equal employment
opportunity to ensure that all personnel decisions are made without regard
to race, color, disability, sex, religion, age, or national origin.
Requires the policy statement to include certain information. (f) Requires
the policy statement under Subsection (c) to meet certain guidelines.  

SECTION 5. Amends Chapter 21, Human Resources Code, by adding Section
21.0053, as follows: Sec. 21.0053. STATE EMPLOYEE INCENTIVE PROGRAM.
Requires the commissioner or the commissioner's designee to provide to DHS
employees information and training on the benefits and methods of
participation in the state employee incentive program.  

SECTION 6. Amends Chapter 21, Human Resources Code, by adding Section
21.00605, as follows: Sec. 21.00605. REGIONAL BUSINESS PLANNING. (a)
Requires DHS to develop a business plan for each service region that meets
certain criteria. (b) Requires DHS to develop standard clientcentered
outcome measures and use the standard measures in all regional business
plans. (c) Requires DHS to seek public input in the development of
regional business plans and regional strategies.  

SECTION 7. Amends Section 21.011(a), Human Resources Code, as follows: (a)
Requires the commissioner, on or before December 31 of each year, to
prepare and submit to the board a full report on the operation and
administration of DHS together with the commissioner's recommendations for
changes. Requires the report to include information relating to the status
of the client-centered outcome measures developed by the department under
Section 21.00605(b) and DHS's progress in improving those outcome
measures. Requires the board to submit the report to the governor and the
legislature. 
 
SECTION 8. Amends Section 21.015, Human Resources Code, by amending
Subsections (c) and (d) and adding Subsection (f), as follows: (c)
Requires DHS, at least quarterly until final disposition of the complaint,
to notify the person filing the complaint and each person who is a subject
of the complaint of the status of the investigation unless the notice
would jeopardize an undercover investigation. (d) Requires DHS to maintain
a file on each written complaint filed with DHS. Requires the file to
include certain information. (f) Requires DHS to provide to the person
filing the complaint and to each person who is a subject of the complaint
a copy of its policies and procedures relating to complaint investigation
and resolution. Authorizes DHS to delay providing the information to a
person who is a subject of the complaint if providing the information
would jeopardize an investigation. 
 
SECTION 9. Amends Section 21.016, Human Resources Code, as follows: Sec.
21.016. PUBLIC TESTIMONY. Requires the board to develop and implement
policies that provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the jurisdiction of DHS.  

SECTION 10. Amends Chapter 21, Human Resources Code, by adding Sections
21.018 and 21.019 to read as follows: Sec. 21.018. POLICY ON TECHNOLOGICAL
SOLUTIONS. Requires the board to develop and implement a policy that
requires the commissioner and the DHS staff to research and propose
appropriate technological solutions to improve the ability of DHS to
perform its mission. Requires the technological solutions to include
measures to ensure that the public is able to easily find information
about DHS through the Internet and that persons who have a reason to use
DHS's services are able to use the Internet to interact with DHS and to
access any services that can be provided effectively through the Internet.
Requires the policy to also ensure that proposed technological solutions
are cost-effective and developed through DHS's planning processes. Sec.
21.019. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION PROCEDURES. (a)
Requires the board to develop and implement a policy to encourage the use
of certain procedures. (b) Requires DHS procedures relating to alternative
dispute resolution to conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings for the
use of alternative dispute resolution by state agencies. (c) Requires the
board to designate a trained person to meet certain guidelines.  

SECTION 11. Amends Chapter 22, Human Resources Code, by adding Section
22.040, as follows: Sec. 22.040. DETERMINATION OF ELIGIBILITY FOR
COMMUNITY CARE SERVICES FOR  ELDERLY PERSONS OR PERSONS WITH DISABILITIES.
Requires DHS by rule to develop and implement a plan to assist elderly
persons or persons with disabilities requesting community care services in
receiving those services as quickly as possible when those services become
available. Requires the plan to require DHS to perform certain acts.  

SECTION 12. Amends Section 31.0128, Human Resources Code, by adding
Subsection (e) to require DHS and the Texas Workforce Commission (TWC), on
DHS's formulation of recommendations and strategies under Section
31.0129(b), to, as necessary, revise and update a memorandum of
understanding and coordinated interagency case management plan under this
section to include the recommendations and strategies. 
 
SECTION 13. Amends Subchapter A, Chapter 31, Human Resources Code, by
adding Section 31.0129, as follows: Sec. 31.0129. COORDINATED PLAN TO
IMPROVE INTERAGENCY TRANSITIONS. (a) Requires DHS, TWC, and
representatives of local workforce development boards to conduct a survey
of best practices used to transition clients between local department
offices and workforce centers. (b) Requires DHS to perform certain acts.
(c) Requires DHS and local workforce development boards, using existing
resources, to adopt policies to implement the recommendations and
strategies contained in the revised and updated memorandum of
understanding under Section 31.0128. 
 
SECTION 14. Amends Section 242.610, Health and Safety Code, by amending
Subsections (b), (d), and (g) and adding Subsections (h), (i), (j), (k),
(l), and (m), as follows: (b) Requires the results of the examination to
be reported in accordance with Section 242.6101. (d) Requires the
department, subject to Subsections (h)-(m), to issue a permit or renew a
permit to an applicant who meets certain criteria. (g) Authorizes the
board by rule to adopt a system under which permits expire on various
dates during the year. Requires DHS, for the year in which the permit
expiration date is changed, to prorate permit fees on a monthly basis so
that each permit holder pays only that portion of the permit fee that is
allocable to the number of months during which the permit is valid.
Provides that on renewal of the permit on the new expiration date, the
total permit renewal fee is payable. (h) Authorizes a person who is
otherwise eligible to renew a permit to renew an unexpired permit by
paying the required renewal fee to the department before the expiration
date of the permit. Prohibits a person whose permit has expired from
engaging in activities that require a permit until the permit has been
renewed. (i) Authorizes a person whose permit has been expired for 90 days
or less to renew the permit by paying to DHS a renewal fee that is equal
to 1-1/2 times the normally required renewal fee. (j) Authorizes person
whose permit has been expired for more than 90 days but less than one year
to renew the permit by paying to DHS a renewal fee that is equal to two
times the normally required renewal fee. (k) Prohibits a person whose
permit has been expired for one year or more from renewing the permit.
Authorizes the person to obtain a new permit by complying with the
requirements and procedures, including the examination requirements, for
obtaining an original permit. (l) Authorizes a person who was issued a
permit in this state, moved to another state, currently holds a valid
permit or license issued by the other state, and has been in practice in
that state for the two years preceding the date of application to obtain a
new permit without reexamination. Requires the person to pay to DHS a fee
that is equal to two times the normally required renewal fee for the
permit. (m) Requires DHS, not later than the 30th day before the date a
person's permit is scheduled to expire to send written notice of the
impending expiration to the person at the person's last known address
according to the records of the department. 
 
SECTION 15. Amends Subchapter N, Chapter 242, Health and Safety Code, by
adding Section 242.6101, as follows: Sec. 242.6101. RESULTS OF EXAMINATION
FOR ISSUANCE OF PERMIT. (a) Requires DHS to notify the person of the
results of the examination, not later than the 30th day after the date a
person takes an examination for the issuance of a permit under this
subchapter. (b) Requires DHS, if the examination is graded or reviewed by
a testing service, to notify the person of the results of the examination
not later than the 14th day after the date the department receives the
results from the testing service and to notify the person of the reason
for the delay before the 90th day, if notice of the examination results
will e delayed fro longer than 90 days after the examination date. (c)
Authorizes DHS to require a testing service to notify a person of the
results of the person's examination. (d) Requires DHS to furnish the
person with an analysis of the person's performance on the examination, if
requested in writing by a person who fails an examination for the issuance
of a permit administered under this subchapter.  
 SECTION 16. Amends Section 242.611, Health and Safety Code, as follows:
Sec. 242.611. FEES FOR ISSUANCE AND RENEWAL OF PERMIT TO ADMINISTER
MEDICATION. Prohibits the fees from exceeding, except as otherwise
provided by Section 242.610, a certain amount.  
SECTION 17. Amends Section 242.612, Health and Safety Code, by amending
Subsection (a) and adding Subsection (c), as follows: (a) Requires the
board to revoke, suspend, or refuse to renew a permit or to reprimand a
permit holder for a violation of this subchapter or a rule of the board
adopted under this subchapter. Authorizes the board to suspend a permit in
an emergency or rescind training program approval. (c) Authorizes the
board to place on probation a person whose permit is suspended. Authorizes
the board, if a permit suspension is probated, to require the person
follow certain guidelines.  

SECTION 18. Provides that the changes made by this Act to Section
21.011(a), Human Resources Code, apply only to a report on the operations
and administration of DHS that is required to be submitted to the governor
and the legislature under that section after December 31, 2003. 
 
SECTION 19. Requires DHS to develop a business plan for each service
region, in accordance with Section 21.00605, Human Resources Code, as
added by this Act, not later than September 1, 2004. 
 
SECTION 20. Requires DHS to formulate recommendations and strategies in
accordance with Section 31.0129(b), Human Resources Code, as added by this
Act, not later than September 1, 2004. 
 
SECTION 21. Requires DHS and TWC, not later than December 1, 2004, to, as
necessary, update the memorandum of understanding and coordinated
interagency case management plan required under Section 31.0128, Human
Resources Code, as amended by this Act. 
 
SECTION 22. Effective date: September 1, 2003. 

EFFECTIVE DATE

September 1, 2003.