SRC-VRA S.B. 1246 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1246
78R3250 KEG-DBy: Zaffirini
Health & Human Services
4/8/2003
As Filed


DIGEST AND PURPOSE 

The Children's Policy Council Report (September 2002) stated, "The primary
purpose of the new permanency planning requirements is to address the
urgency of the developmental needs of children with disabilities and how
those developmental needs are affected by institutionalization."  As
proposed, S.B. 1246 requires reports on each individual disabled child
initially placed in an institution, including the efforts made to secure
community placement and the community services not available that
prevented community placement.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 531.162, Government Code, as follows:

(a)  Adds a new subdivision to require each appropriate health and human
services agency responsible for permanency planning to provide to the
Health and Human Services Commission (HHSC) semiannually certain
information on each child initially placed in an institution during the
reporting period.  

 (b)  Adds a new subdivision to make a conforming change.  

SECTION 2.  Amends Chapter 531D, Government Code, by adding Section
531.164, as follows: 

Sec.  531.164.  PLAN ON LIMITING INITIAL PLACEMENTS OF CHILDREN IN
INSTITUTIONS; ADVISORY COMMITTEE.  (a)  Requires HHSC, with the advice and
assistance of an advisory committee appointed under this section, to
develop a plan to limit the initial placements of children in institutions
based on factors such as developmental urgency and the child's medical
needs.  

  (b)  Requires the plan developed under this section to address certain
factors. 

(c)  Requires the commissioner of health and human services (commissioner)
to appoint an advisory committee to assist HHSC in developing the plan
under this section.  Requires the commissioner to appoint certain
individuals to the committee.  
(d)  Requires an appointment to fill a vacancy on the advisory committee
to be made in the same manner as the original appointment. 

(e)  Provides that the member of the advisory committee who is the
representative of HHSC serves as presiding officer.  Requires the members
of the advisory committee to elect any other necessary officers. 

  (f)  Requires the advisory committee to meet at the call of the
commissioner. 

(g)  Provides that a member of the advisory committee serves at the will
of the  commissioner.  

  (h)  Provides that the advisory committee is not subject to Chapter 2110.

(i)  Provides that a member of the advisory committee who is not a state
employee is not entitled to compensation for serving on the committee or
reimbursement of travel expenses incurred by the member while conducting
the business of the committee. 

(j)  Provides that a member of the advisory committee who is a state
employee and who serves on the committee in performing the member's duties
as a state employee is not entitled to additional compensation for serving
on the committee, but is entitled to reimbursement of travel expenses
incurred by the member while conducting the business of the committee if
the reimbursement is otherwise available to the member as a state
employee. 

SECTION 3.(a)  Requires the commissioner to appoint the members of the
advisory committee on limiting placements of children in institutions as
required by Section 531.164, Government Code, as added by this Act, not
later than December 1, 2003. 

(b)  Requires the commissioner to call the first meeting of the advisory
committee on limiting placements of children in institutions established
under Section 531.164, Government Code, as added by this Act, not later
than January 1, 2004. 

SECTION 4.  Makes application of Section 531.162, Government code, as
amended by this Act, prospective. 

SECTION 5.   Requires the agency affected by the provision, if before
implementing any provision of this Act a state agency determines that a
waiver or authorization from a federal agency is necessary for
implementation of that provision, to request the waiver or authorization
and authorizes the agency to delay implementing that provision until the
waiver or authorization is granted.  

SECTION 6.  Effective date:  September 1, 2003.