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78R4825 KLA-D

By:  Wohlgemuth                                                   H.B. No. 2850


A BILL TO BE ENTITLED
AN ACT
relating to the provision of health and human services in this state, including the powers and duties of the Health and Human Services Commission and other state agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. HEALTH AND HUMAN SERVICES COMMISSION
SECTION 1.01. Section 531.001(4), Government Code, as amended by Chapters 53, 957, and 1420, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows: (4) "Health and human services agencies" includes the: (A) Interagency Council on Early Childhood Intervention; (B) Texas Department on Aging; (C) Texas Commission on Alcohol and Drug Abuse; (D) Texas Commission for the Blind; (E) Texas Commission for the Deaf and Hard of Hearing; (F) Texas Department of Health; (G) Texas Department of Human Services; (H) Texas Department of Mental Health and Mental Retardation; (I) Texas Rehabilitation Commission; (J) Department of Protective and Regulatory Services; [and] (K) Texas Health Care Information Council; (L) Department of Community and Long-Term Care Services; (M) Department of Health and Mental Health Services; (N) Department of Rehabilitative Services; and (O) Texas Youth Commission. SECTION 1.02. Effective September 1, 2004, Section 531.001(4), Government Code, as amended by Chapters 53, 957, and 1420, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows: (4) "Health and human services agencies" includes the: (A) Department of Community and Long-Term Care Services [Interagency Council on Early Childhood Intervention]; (B) Department of Health and Mental Health Services [Texas Department on Aging]; (C) Department of Protective and Regulatory Services [Texas Commission on Alcohol and Drug Abuse]; (D) Department of Rehabilitative Services [Texas Commission for the Blind]; and (E) Texas Youth Commission [Texas Commission for the Deaf and Hard of Hearing; [(F) Texas Department of Health; [(G) Texas Department of Human Services; [(H) Texas Department of Mental Health and Mental Retardation; [(I) Texas Rehabilitation Commission; [(J) Department of Protective and Regulatory Services; and [(K) Texas Health Care Information Council]. SECTION 1.03. Section 531.004, Government Code, is amended to read as follows: Sec. 531.004. SUNSET PROVISION. The Health and Human Services Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2009 [2007]. SECTION 1.04. Section 531.0055, Government Code, is amended to read as follows: Sec. 531.0055. COMMISSIONER: GENERAL RESPONSIBILITY FOR [RELATING TO CERTAIN FUNCTIONS OF] HEALTH AND HUMAN SERVICES AGENCIES. (a) In this section and in Section 531.0056, "executive director"[: [(1) "Agency director"] means the [director,] executive director or chief administrative officer[, or commissioner] of a health and human services agency. [(2) "Policymaking body" means the board or commission with policymaking authority over a health and human services agency.] (b) The commission shall: (1) supervise the administration and operation of the Medicaid program, including the administration and operation of the Medicaid managed care system in accordance with Section 531.021; (2) perform information systems planning and supervise information systems [planning and] management for health and human services agencies under Section 531.0273; (3) monitor and ensure the effective use of all federal funds received by a health and human services agency in accordance with Section 531.028 and the General Appropriations Act; and (4) implement Texas Integrated Enrollment Services as required by Subchapter F, except that notwithstanding Subchapter F, determining eligibility for benefits or services from the following programs is the responsibility of and must be centralized by the commission: (A) community-based support and services programs; (B) long-term care services programs; (C) the financial assistance program under Chapter 31, Human Resources Code; and (D) the nutritional assistance programs under Chapter 33, Human Resources Code. (c) The [After implementation of the commission's duties under Subsection (b), the] commission shall implement the powers and duties given to the commission under Sections 531.0246, 531.0247, 2155.144, [as added by Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,] and 2167.004. (d) After implementation of the commission's duties under Subsections (b) and (c), the commission shall implement the powers and duties given to the commission under Section 531.0248. Nothing in the priorities established by this section is intended to limit the authority of the commission to work simultaneously to achieve the multiple tasks assigned to the commission in this section, when such an approach is beneficial in the judgment of the commission. The commission shall plan and implement an efficient and effective system of administrative support services for health and human services agencies. The term "administrative support services" includes, but is not limited to, strategic planning, audit, legal, human resources, and accounting services. (e) Notwithstanding any other law, the commissioner shall adopt rules and policies for the operation of and provision of health and human services by the health and human services agencies. In addition, the commissioner, as necessary to perform the functions described by Subsections (b), (c), and (d) in implementation of applicable [the] policies established for an agency by the commissioner [each agency's policymaking body], shall: (1) manage and direct the operations of each health and human services agency; and (2) supervise and direct the activities of each executive [agency] director. (f) The operational authority and responsibility of the commissioner for purposes of Subsection (e) at each health and human services agency includes authority over and responsibility for the: (1) management of the daily operations of the agency, including the organization and management of the agency and agency operating procedures; (2) allocation of resources within the agency, including use of federal funds received by the agency; (3) personnel and employment policies; (4) contracting, purchasing, and related policies, subject to this chapter and other laws relating to contracting and purchasing by a state agency; (5) information resources systems used by the agency; (6) location of agency facilities; and (7) coordination of agency activities with activities of other state agencies, including other health and human services agencies. (g) Notwithstanding any other law, the operational authority and responsibility of the commissioner for purposes of Subsection (e) at each health and human services agency includes the authority and responsibility to adopt or approve, subject to applicable limitations, any rate of payment or similar provision required by law to be adopted or approved by the agency. (h) For each health and human services agency, the commissioner shall implement a program to evaluate and supervise the daily operations of the agency. The program must include measurable performance objectives for each executive [agency] director and adequate reporting requirements to permit the commissioner to perform the duties assigned to the commissioner under this section. (i) To facilitate the operations of a health and human services agency in accordance with this section, the commissioner may delegate a specific power or duty given under Subsection (f) or (g) to an executive [agency] director. The executive director acts on behalf of and reports to the commissioner in performing the delegated function. (j) The commissioner shall [may] adopt rules to implement the commissioner's authority under this section. (k) The commissioner and each executive [agency] director shall enter into a memorandum of understanding in the manner prescribed by Section 531.0161 that: (1) clearly defines the responsibilities of the executive [agency] director and the commissioner, including: (A) the responsibility of the executive director to report to and implement policies of the commissioner; and (B) the extent to which the executive director acts as a liaison between the agency and the commission; (2) establishes the program of evaluation and supervision of daily operations required by Subsection (h); and (3) describes each delegation of a power or duty made under Subsection (i) or other law. (l) Notwithstanding any other law, the commissioner [provision of this section, a policymaking body] has the authority [provided by law] to adopt policies and rules governing the delivery of services to persons who are served by each health and human services [the] agency and the rights and duties of persons who are served or regulated by each [the] agency. [The commissioner and each policymaking body shall enter into a memorandum of understanding that clearly defines: [(1) the policymaking authority of the policymaking body; and [(2) the operational authority of the commissioner.] SECTION 1.05. Section 531.0056, Government Code, is amended to read as follows: Sec. 531.0056. EMPLOYMENT OF EXECUTIVE [AGENCY] DIRECTOR. (a) The commissioner shall hire an executive director for each health and human services agency [This section applies only to an agency director employed by the commissioner]. (b) The executive director shall serve at the pleasure of the commissioner [An agency director employed by the commissioner may be employed only with the concurrence of the agency's policymaking body and the approval of the governor]. (c) In addition to the requirements of [As established in] Section 531.0055(k)(1), the memorandum of understanding between the commissioner and executive [agency] director required by that section must [shall enter into a memorandum of understanding that] clearly define [defines] the [responsibilities of the agency director and may establish] terms [and conditions] of the executive director's employment [in the memorandum of understanding]. (d) The terms of the memorandum of understanding shall outline specific performance objectives, as defined [jointly] by the commissioner [and the policymaking body], to be fulfilled by the executive [agency] director, including the performance objectives outlined in Section 531.0055(h). (e) Based upon the performance objectives outlined in the memorandum of understanding, the commissioner shall perform an employment evaluation of the executive [agency] director. (f) The commissioner shall submit the evaluation[, along with any recommendation regarding the employment of the agency director,] to the [agency's policymaking body and the] governor not later than January 1 of each even-numbered year. [(g) The policymaking body shall consider the evaluation in a meeting of the policymaking body and take necessary action, if any, not later than 90 days after the date of the receipt of the evaluation. [(h) An agency director employed by the commissioner serves at the pleasure of the commissioner but may be discharged only with the concurrence of the agency's policymaking body.] SECTION 1.06. Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.0161 to read as follows: Sec. 531.0161. MEMORANDUM OF UNDERSTANDING. (a) The memorandum of understanding under Section 531.0055(k) must be adopted by the commissioner by rule in accordance with the procedures prescribed by Subchapter B, Chapter 2001, for adopting rules, except that the requirements of Section 2001.033(a)(1)(A) or (C) do not apply with respect to any part of the memorandum of understanding that: (1) concerns only internal management or organization within or among health and human services agencies and does not affect private rights or procedures; or (2) relates solely to the internal personnel practices of health and human services agencies. (b) The memorandum of understanding may be amended only by following the procedures prescribed under Subsection (a). SECTION 1.07. Chapter 531, Government Code, is amended by adding Subchapter K to read as follows:
SUBCHAPTER K. TEXAS AGING COUNCIL
Sec. 531.401. DEFINITIONS. In this subchapter: (1) "Council" means the Texas Aging Council. (2) "Advisory committee" means the Texas Aging Council Advisory Committee. Sec. 531.402. COUNCIL; STAFF. (a) The Texas Aging Council is a division within the commission. (b) The commissioner shall employ staff as necessary to carry out the duties of the council. Sec. 531.403. GENERAL FUNCTIONS. The council shall operate the office of the state long-term care ombudsman under Subchapter D, Chapter 101, Human Resources Code, and shall perform other duties as assigned by the commissioner. Sec. 531.404. ADVISORY COMMITTEE. (a) The governor shall appoint an advisory committee to assist the council in performing its duties. The commissioner shall appoint to the advisory committee five persons with demonstrated interest in programs and services for the aging. (b) The governor shall appoint one member of the advisory committee as presiding officer, and the members of the committee shall elect additional officers as necessary. (c) A member of the advisory committee serves at the will of the governor. (d) The advisory committee is subject to Chapter 2110. SECTION 1.08. Sections 531.0057, 531.034, and 531.0345, Government Code, are repealed.
ARTICLE 2. HEALTH AND HUMAN SERVICES AGENCIES
SECTION 2.01. The Health and Safety Code is amended by adding Title 12 to read as follows:
TITLE 12. HEALTH AND MENTAL HEALTH
CHAPTER 1001. DEPARTMENT OF HEALTH AND MENTAL HEALTH SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Commissioner" means the commissioner of health and human services. (3) "Department" means the Department of Health and Mental Health Services. (4) "Executive director" means the executive director of the department. Sec. 1001.002. AGENCY. The department is an agency of the state. Sec. 1001.003. SUNSET PROVISION. The department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2009.
[Sections 1001.004-1001.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 1001.021. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The commissioner shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department. The commission shall make the information available to the public and appropriate state governmental entities. (b) The commissioner by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for directing complaints to the department. Sec. 1001.022. PUBLIC ACCESS AND TESTIMONY. The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department. Sec. 1001.023. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The commissioner shall develop and the department shall implement policies that clearly delineate the policymaking responsibilities of the commissioner from the management responsibilities of the commission, the executive director, and the staff of the department. Sec. 1001.024. ANNUAL REPORT. (a) The executive director shall file annually with the governor, the presiding officer of each house of the legislature, and the commissioner a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year. (b) The annual report must be in the form and be reported in the time provided by the General Appropriations Act. Sec. 1001.025. OFFICES. The department shall maintain its central office in Austin. The department may maintain offices in other areas of the state as necessary.
[Sections 1001.026-1001.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 1001.051. EXECUTIVE DIRECTOR. (a) The commissioner shall appoint an executive director of the department, who is to be selected according to education, training, experience, and demonstrated ability. (b) The executive director serves at the pleasure of the commissioner. (c) The executive director shall act as the department's chief administrative officer and as a liaison between the department and commission. (d) The executive director shall administer this chapter and other laws relating to the department under operational policies established by the commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. Sec. 1001.052. PERSONNEL. (a) The department may employ, compensate, and prescribe the duties of personnel necessary and suitable to administer this chapter. (b) The commissioner shall prepare and by rule adopt personnel standards. (c) A personnel position may be filled only by an individual selected and appointed on a nonpartisan merit basis. (d) The commissioner shall develop and the department shall implement policies that clearly define the responsibilities of the staff of the department. Sec. 1001.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT. The executive director or the executive director's designee shall provide to department employees, as often as necessary, information regarding the requirements for employment under this chapter or rules adopted by the commissioner, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees. Sec. 1001.054. MERIT PAY. Subject to rules adopted by the commissioner, the executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for department employees must be given under the system established under this section or under rules adopted by the commissioner. Sec. 1001.055. CAREER LADDER. The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry-level positions concurrently with any public posting. Sec. 1001.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) Subject to rules adopted by the commissioner, the executive director or the executive director's designee shall 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. (b) Unless the following are included in a policy statement adopted by the commissioner that is applicable to the department, the policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code; and (2) an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law. (c) The policy statement must be: (1) updated annually; (2) reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and (3) filed with the governor's office. Sec. 1001.057. STATE EMPLOYEE INCENTIVE PROGRAM. The executive director or the executive director's designee shall provide to department employees information and training on the benefits and methods of participation in the state employee incentive program.
[Sections 1001.058-1001.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
Sec. 1001.071. GENERAL DUTIES OF DEPARTMENT RELATED TO HEALTH CARE. The department is responsible for administering human services programs regarding the public health, including: (1) implementing the state's health care delivery programs; (2) operating state health facilities, hospitals, and health care systems; (3) developing and providing health care services, as directed by law; (4) providing for the prevention and control of communicable diseases; (5) providing public education on health-related matters, as directed by law; (6) compiling and reporting health-related information, as directed by law; (7) acting as the lead agency for implementation of state policies regarding the human immunodeficiency virus and acquired immunodeficiency syndrome and administering programs related to the human immunodeficiency virus and acquired immunodeficiency syndrome; (8) administering state programs related to cancer, including the Texas Cancer Plan; (9) investigating the causes of injuries and methods of prevention; (10) administering a grant program to provide appropriated money to counties, municipalities, public health districts, and other political subdivisions for their use to provide or pay for essential public health services; (11) administering the registration of vital statistics; (12) implementing established standards and procedures for the management and control of sanitation and for health protection measures; (13) enforcing regulations regarding radioactive materials; (14) enforcing regulations regarding food, bottled and vended drinking water, drugs, cosmetics, and health devices; (15) enforcing regulations regarding food service establishments, retail food stores, mobile food units, and roadside food vendors; and (16) enforcing regulations regarding controlling hazardous substances in households and workplaces. Sec. 1001.072. GENERAL DUTIES OF DEPARTMENT RELATED TO MENTAL HEALTH. The department is responsible for administering human services programs regarding mental health, including: (1) administering and coordinating mental health services at the local and state level; (2) operating the state's mental health facilities; and (3) providing early childhood intervention services for children with developmental delay. Sec. 1001.073. GENERAL DUTIES OF DEPARTMENT RELATED TO SUBSTANCE ABUSE. The department is responsible for administering human services programs regarding substance abuse, including: (1) administering and coordinating substance abuse prevention and treatment programs at the state and local level; (2) operating the state's facilities for substance abuse prevention and treatment; and (3) providing public education on substance abuse issues, as directed by law. Sec. 1001.074. INFORMATION REGARDING COMPLAINTS. (a) The department shall maintain a file on each written complaint filed with the department. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the department; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint. (b) The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commissioner's and the department's policies and procedures relating to complaint investigation and resolution. (c) The department, at least quarterly until final disposition of the complaint, shall 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. Sec. 1001.075. RULES. The commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. SECTION 2.02. Section 40.002, Human Resources Code, is amended to read as follows: Sec. 40.002. DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; GENERAL DUTIES OF DEPARTMENT [RESPONSIBILITY]. (a) The Department of Protective and Regulatory Services is composed of [the board,] the executive director, an administrative staff, and other officers and employees necessary to efficiently carry out the purposes of this chapter. (b) Notwithstanding any other law, the [The] department shall [is the state agency with primary responsibility for]: (1) provide [providing] protective services for children and elderly and disabled persons, including investigations of alleged abuse, neglect, or exploitation in facilities of the Texas Department of Mental Health and Mental Retardation or its successor agency; (2) provide [providing] family support and family preservation services that [which] respect the fundamental right of parents to control the education and upbringing of their children; (3) license, register, and enforce regulations applicable to [regulating] child-care facilities and child-care administrators; [and] (4) implement [implementing] and manage [managing] programs intended to provide early intervention or prevent at-risk behaviors that lead to child abuse, delinquency, running away, truancy, and dropping out of school; (5) implement programs intended to prevent family violence and provide services to victims of family violence; (6) perform licensing and enforcement activities and functions for all health and human services agencies, including licensing and enforcement activities related to: (A) home and community support services under Chapter 142, Health and Safety Code; and (B) convalescent and nursing homes and related institutions under Chapter 242, Health and Safety Code; and (7) administer long-term care quality outreach programs and services. (c) The department is the state agency designated to cooperate with the federal government in the administration of programs under: (1) Parts B and E, Title IV, federal Social Security Act (42 U.S.C. Sections 620 et seq. and 670 et seq.); and (2) other federal law for which the department has administrative responsibility. (d) The department shall cooperate with the United States Department of Health and Human Services and other federal and state agencies in a reasonable manner and in conformity with the provisions of federal law and this subtitle to the extent necessary to qualify for federal assistance in the delivery of services. (e) If the department determines that a provision of state law governing the department conflicts with a provision of federal law, the commissioner of health and human services [department] may adopt policies and rules necessary to allow the state to receive and spend federal matching funds to the fullest extent possible in accordance with the federal statutes, this subtitle, and the state constitution and within the limits of appropriated funds. SECTION 2.03. Section 40.027, Human Resources Code, is amended to read as follows: Sec. 40.027. EXECUTIVE DIRECTOR. (a) The commissioner of health and human services shall appoint an [employ the] executive director, who is to be selected according to education, training, experience, and demonstrated ability [in accordance with Section 531.0056, Government Code]. (b) The executive director serves at the pleasure of the commissioner. (c) The executive director shall act as the department's chief administrative officer and as a liaison between the department and commission. (d) The executive director shall administer this chapter and other laws relating to the department under operational policies established [is the executive head of the department. The executive director shall perform the duties assigned] by the commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule [of health and human services and state law]. SECTION 2.04. Subchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0301 to read as follows: Sec. 60.0301. GENERAL DUTIES OF COMMISSION. Notwithstanding any other law, the commission shall: (1) administer the state's correctional facilities for children; (2) provide a program of constructive training to rehabilitate and reestablish in society children adjudged delinquent by the courts of this state and committed to the commission; (3) provide active parole supervision for children until discharge from the commission's custody; (4) make probation services available to children throughout the state; (5) improve the effectiveness of probation services for children; (6) provide alternatives to the commitment of children by providing financial aid to juvenile boards to establish and improve probation services; (7) improve communications among state and local entities within the juvenile justice system; and (8) promote delinquency prevention and early intervention programs and activities for children. SECTION 2.05. Section 61.017, Human Resources Code, is amended to read as follows: Sec. 61.017. EXECUTIVE DIRECTOR. (a) The commissioner of health and human services [commission] shall appoint [employ] an executive director, who is to be selected according to education, training, experience, and demonstrated ability [, selected by the board, to serve at the will of the board]. (b) The executive director serves at the pleasure of the commissioner [shall devote full time to the work of the commission]. (c) The executive director shall act as the commission's chief administrative officer and as a liaison between the commission and the Health and Human Services Commission [is entitled to actual expenses while on commission business]. (d) The executive director shall administer this chapter and other laws relating to the commission under operational policies established by the commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. SECTION 2.06. Title 7, Human Resources Code, is amended by adding Chapter 117 to read as follows:
CHAPTER 117. DEPARTMENT OF REHABILITATIVE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 117.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Commissioner" means the commissioner of health and human services. (3) "Department" means the Department of Rehabilitative Services. (4) "Executive director" means the executive director of the department. Sec. 117.002. AGENCY. The department is an agency of the state. Sec. 117.003. SUNSET PROVISION. The department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2009.
[Sections 117.004-117.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 117.021. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The commissioner shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department. The commission shall make the information available to the public and appropriate state governmental entities. (b) The commissioner by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for directing complaints to the department. Sec. 117.022. PUBLIC ACCESS AND TESTIMONY. The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department. Sec. 117.023. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The commissioner shall develop and the department shall implement policies that clearly delineate the policymaking responsibilities of the commissioner from the management responsibilities of the commission, the executive director, and the staff of the department. Sec. 117.024. ANNUAL REPORT. (a) The executive director shall file annually with the governor, the presiding officer of each house of the legislature, and the commissioner a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year. (b) The annual report must be in the form and be reported in the time provided by the General Appropriations Act. Sec. 117.025. OFFICES. The department shall maintain its central office in Austin. The department may maintain offices in other areas of the state as necessary.
[Sections 117.026-117.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 117.051. EXECUTIVE DIRECTOR. (a) The commissioner shall appoint an executive director, who is to be selected according to education, training, experience, and demonstrated ability. (b) The executive director serves at the pleasure of the commissioner. (c) The executive director shall act as the department's chief administrative officer and as a liaison between the department and commission. (d) The executive director shall administer this chapter under operational policies established by the commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. Sec. 117.052. PERSONNEL. (a) The department may employ, compensate, and prescribe the duties of personnel necessary and suitable to administer this chapter. (b) The commissioner shall prepare and by rule adopt personnel standards. (c) A personnel position may be filled only by an individual selected and appointed on a nonpartisan merit basis. (d) The commissioner shall develop and the department shall implement policies that clearly define the responsibilities of the staff of the department. Sec. 117.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT. The executive director or the executive director's designee shall provide to department employees, as often as necessary, information regarding the requirements for employment under this chapter or rules adopted by the commissioner, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees. Sec. 117.054. MERIT PAY. Subject to rules adopted by the commissioner, the executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for department employees must be given under the system established under this section or under rules adopted by the commissioner. Sec. 117.055. CAREER LADDER. The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry-level positions concurrently with any public posting. Sec. 117.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) Subject to rules adopted by the commissioner, the executive director or the executive director's designee shall 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. (b) Unless the following are included in a policy statement adopted by the commissioner that is applicable to the department, the policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code; and (2) an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law. (c) The policy statement must be: (1) updated annually; (2) reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and (3) filed with the governor's office. Sec. 117.057. STATE EMPLOYEE INCENTIVE PROGRAM. The executive director or the executive director's designee shall provide to department employees information and training on the benefits and methods of participation in the state employee incentive program.
[Sections 117.058-117.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
Sec. 117.071. GENERAL DUTIES OF DEPARTMENT. The department is responsible for administering programs to provide rehabilitation and related services to persons with disabilities, including: (1) providing physical and vocational rehabilitation services, including extended and comprehensive rehabilitation services; (2) administering disability determination processes; (3) providing transitional planning services; (4) coordinating and administering disability support services programs to facilitate persons with disabilities in achieving maximum personal independence; and (5) operating blindness education programs. Sec. 117.072. INFORMATION REGARDING COMPLAINTS. (a) The department shall maintain a file on each written complaint filed with the department. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the department; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint. (b) The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commissioner's and the department's policies and procedures relating to complaint investigation and resolution. (c) The department, at least quarterly until final disposition of the complaint, shall 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. Sec. 117.073. RULES. The commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. SECTION 2.07. The Human Resources Code is amended by adding Title 11 to read as follows:
TITLE 11. COMMUNITY-BASED AND LONG-TERM CARE SERVICES
CHAPTER 161. DEPARTMENT OF COMMUNITY AND LONG-TERM CARE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 161.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Commissioner" means the commissioner of health and human services. (3) "Department" means the Department of Community and Long-Term Care Services. (4) "Executive director" means the executive director of the department. Sec. 161.002. AGENCY. The department is an agency of the state. Sec. 161.003. SUNSET PROVISION. The department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2009.
[Sections 161.004-161.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 161.021. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The commissioner shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department. The commission shall make the information available to the public and appropriate state governmental entities. (b) The commissioner by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for directing complaints to the department. Sec. 161.022. PUBLIC ACCESS AND TESTIMONY. The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department. Sec. 161.023. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The commissioner shall develop and the department shall implement policies that clearly delineate the policymaking responsibilities of the commissioner from the management responsibilities of the commission, the executive director, and the staff of the department. Sec. 161.024. ANNUAL REPORT. (a) The executive director shall file annually with the governor, the presiding officer of each house of the legislature, and the commissioner a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding fiscal year. (b) The annual report must be in the form and be reported in the time provided by the General Appropriations Act. Sec. 161.025. OFFICES. The department shall maintain its central office in Austin. The department may maintain offices in other areas of the state as necessary.
[Sections 161.026-161.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 161.051. EXECUTIVE DIRECTOR. (a) The commissioner shall appoint an executive director, who is to be selected according to education, training, experience, and demonstrated ability. (b) The executive director serves at the pleasure of the commissioner. (c) The executive director shall act as the department's chief administrative officer and as a liaison between the department and commission. (d) The executive director shall administer this chapter under operational policies established by the commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. Sec. 161.052. PERSONNEL. (a) The department may employ, compensate, and prescribe the duties of personnel necessary and suitable to administer this chapter. (b) The commissioner shall prepare and by rule adopt personnel standards. (c) A personnel position may be filled only by an individual selected and appointed on a nonpartisan merit basis. (d) The commissioner shall develop and the department shall implement policies that clearly define the responsibilities of the staff of the department. Sec. 161.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT. The executive director or the executive director's designee shall provide to department employees, as often as necessary, information regarding the requirements for employment under this chapter or rules adopted by the commissioner, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees. Sec. 161.054. MERIT PAY. Subject to rules adopted by the commissioner, the executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for department employees must be given under the system established under this section or under rules adopted by the commissioner. Sec. 161.055. CAREER LADDER. The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry-level positions concurrently with any public posting. Sec. 161.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) Subject to rules adopted by the commissioner, the executive director or the executive director's designee shall 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. (b) Unless the following are included in a policy statement adopted by the commissioner that is applicable to the department, the policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code; and (2) an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law. (c) The policy statement must be: (1) updated annually; (2) reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and (3) filed with the governor's office. Sec. 161.057. STATE EMPLOYEE INCENTIVE PROGRAM. The executive director or the executive director's designee shall provide to department employees information and training on the benefits and methods of participation in the state employee incentive program.
[Sections 161.058-161.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
Sec. 161.071. GENERAL DUTIES OF DEPARTMENT. The department shall: (1) administer and coordinate programs to provide community-based care and support services to promote independent living for populations that would otherwise be institutionalized; (2) provide institutional care services; (3) manage and operate institutional facilities in this state, including nursing facilities and state schools; and (4) design, propose for adoption by rule, and facilitate integrated service delivery systems. Sec. 161.072. INFORMATION REGARDING COMPLAINTS. (a) The department shall maintain a file on each written complaint filed with the department. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the department; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint. (b) The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commissioner's and the department's policies and procedures relating to complaint investigation and resolution. (c) The department, at least quarterly until final disposition of the complaint, shall 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. Sec. 161.073. RULES. The commissioner may adopt rules reasonably necessary to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the executive director and the commissioner, as adopted by rule. SECTION 2.08. APPOINTMENTS OF EXECUTIVE DIRECTORS. As soon as possible after the effective date of this article, the commissioner of health and human services shall appoint the executive directors of: (1) the Department of Health and Mental Health Services in accordance with Chapter 1001, Health and Safety Code, as added by this article; (2) the Department of Protective and Regulatory Services in accordance with Section 40.027, Human Resources Code, as amended by this article; (3) the Texas Youth Commission in accordance with Section 61.017, Human Resources Code, as amended by this article; (4) the Department of Rehabilitative Services in accordance with Chapter 117, Human Resources Code, as added by this article; and (5) the Department of Community and Long-Term Care Services in accordance with Chapter 161, Human Resources Code, as added by this article. SECTION 2.09. LIMITATION ON ACTIVITIES. (a) The Department of Health and Mental Health Services, the Department of Protective and Regulatory Services, the Texas Youth Commission, the Department of Rehabilitative Services, and the Department of Community and Long-Term Care Services may, before September 1, 2004: (1) operate all or any part of a health and human services program operated by the agency on September 1, 2003, if applicable and except as provided by Subsection (b) of this section; (2) operate all or any part of a health and human services program transferred to the agency by the commissioner of health and human services in accordance with Article 3 of this Act; and (3) perform the powers, duties, functions, and activities that relate to preparing for the transfer of powers, duties, functions, programs, and activities to the agency in accordance with Article 3 of this Act. (b) A health and human services agency, as defined by Section 531.001, Government Code, as amended by Section 1.01 of this Act, from which a power, duty, function, program, or activity is transferred in accordance with Article 3 of this Act may not perform the power, duty, function, or activity or operate the program on or after the date of the transfer. SECTION 2.10. CREATION OF AGENCIES. The Department of Health and Mental Health Services, the Department of Rehabilitative Services, and the Department of Community and Long-Term Care Services are created on September 1, 2003.
ARTICLE 3. INTERAGENCY TRANSFERS OF PROPERTY,
RECORDS, OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS,
AND ACTIVITIES
SECTION 3.01. TRANSFERS TO THE HEALTH AND HUMAN SERVICES COMMISSION. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, the following powers, duties, functions, programs, and activities, other than those transferred under Section 3.04(a)(2) of this article, are transferred to the Health and Human Services Commission: (1) all powers, duties, functions, programs, and activities of the Texas Department of Human Services related to: (A) determining eligibility for long-term care services and community-based support services; (B) the financial assistance program under Chapter 31, Human Resources Code; and (C) the nutritional assistance programs under Chapter 33, Human Resources Code; (2) all powers, duties, functions, programs, and activities related to the following programs administered by a state agency or entity abolished by Section 4.01 of this Act: (A) the children's health insurance program under Chapter 62, Health and Safety Code; and (B) the medical assistance program under Chapter 32, Human Resources Code; (3) all powers, duties, functions, programs, and activities of the Texas Health Care Information Council; and (4) except as provided by Section 3.06 of this Act, all powers, duties, functions, programs, and activities of the Texas Department on Aging. (b) On September 1, 2003, all rulemaking and policymaking authority for the provision of health and human services in this state is transferred to the Health and Human Services Commission. (c) On the appropriate dates specified by Subsections (a) and (b) of this section: (1) all obligations and contracts of a state agency or entity that are related to a power, duty, function, program, or activity transferred under Subsection (a) or (b) of this section are transferred to the Health and Human Services Commission; (2) all property and records in the custody of a state agency or entity that are related to a power, duty, function, program, or activity transferred under Subsection (a) or (b) of this section and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Health and Human Services Commission; and (3) all complaints, investigations, or contested cases that are pending before a state agency or entity or the governing body of the agency or entity and that are related to a power, duty, function, program, or activity transferred under Subsection (a) or (b) of this section are transferred without change in status to the Health and Human Services Commission. (d) A rule or form adopted by a state agency or entity that relates to a power, duty, function, program, or activity transferred under Subsection (a) or (b) of this section is a rule or form of the Health and Human Services Commission and remains in effect until altered by the commission. (e) A reference in law to a state agency or entity, or to the governing body of the agency or entity, that relates to a power, duty, function, program, or activity transferred under Subsection (a) or (b) of this section means the Health and Human Services Commission. (f) A license, permit, or certification in effect that was issued by a state agency or entity and that relates to a power, duty, function, program, or activity transferred under Subsection (a) or (b) of this section is continued in effect as a license, permit, or certification of the Health and Human Services Commission. SECTION 3.02. TRANSFERS TO THE DEPARTMENT OF HEALTH AND MENTAL HEALTH SERVICES. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, the following powers, duties, functions, programs, and activities, other than those related to rulemaking or policymaking or those transferred under Section 3.04(a)(2) of this article, are transferred to the Department for Health and Mental Health: (1) except as provided by Section 3.01 of this article, all powers, duties, functions, programs, and activities of the Texas Department of Health; (2) except as provided by Section 3.06 of this article, all powers, duties, functions, programs, and activities of the Texas Department of Mental Health and Mental Retardation; (3) all powers, duties, functions, programs, and activities of the Texas Commission on Alcohol and Drug Abuse; (4) all powers, duties, functions, programs, and activities of the Texas Cancer Council; and (5) all powers, duties, functions, programs, and activities of the Interagency Council on Early Childhood Intervention. (b) On the date specified by Subsection (a) of this section: (1) all obligations and contracts of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection are transferred to the Department of Health and Mental Health Services; (2) all property and records in the custody of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Department of Health and Mental Health Services; and (3) all complaints, investigations, or contested cases that are pending before an entity or the governing body of an entity listed in Subsection (a) of this section and that are related to a power, duty, function, program, or activity transferred under that subsection are transferred without change in status to the Department of Health and Mental Health Services. (c) A rule or form adopted by an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection is a rule or form of the Department of Health and Mental Health Services and remains in effect until altered by the commissioner of health and human services. (d) A reference in law to an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection means the Department of Health and Mental Health Services. A reference in law to the governing body of an entity listed in Subsection (a) of this section means the Health and Human Services Commission or the commissioner of health and human services, as appropriate. (e) A license, permit, or certification in effect that was issued by an entity listed in Subsection (a) of this section and that relates to a power, duty, function, program, or activity transferred under that subsection is continued in effect as a license, permit, or certification of the Department of Health and Mental Health Services. SECTION 3.03. TRANSFERS TO THE DEPARTMENT OF REHABILITATIVE SERVICES. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, the following powers, duties, functions, programs, and activities, other than those related to rulemaking or policymaking or those transferred under Section 3.04(a)(2) of this article, are transferred to the Department of Rehabilitative Services: (1) all powers, duties, functions, programs, and activities of the Texas Commission for the Deaf and Hard of Hearing; (2) except as provided by Section 3.06 of this Act, all powers, duties, functions, programs, and activities of the Texas Rehabilitation Commission; and (3) except as provided by Section 3.06 of this Act, all powers, duties, functions, programs, and activities of the Texas Commission for the Blind. (b) On the date specified by Subsection (a) of this section: (1) all obligations and contracts of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection are transferred to the Department of Rehabilitative Services; (2) all property and records in the custody of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Department of Rehabilitative Services; and (3) all complaints, investigations, or contested cases that are pending before an entity or the governing body of an entity listed in Subsection (a) of this section and that are related to a power, duty, function, program, or activity transferred under that subsection are transferred without change in status to the Department of Rehabilitative Services. (c) A rule or form adopted by an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection is a rule or form of the Department of Rehabilitative Services and remains in effect until altered by the commissioner of health and human services. (d) A reference in law to an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection means the Department of Rehabilitative Services. A reference in law to the governing body of an entity listed in Subsection (a) of this section means the Health and Human Services Commission or the commissioner of health and human services, as appropriate. (e) A license, permit, or certification in effect that was issued by an entity listed in Subsection (a) of this section and that relates to a power, duty, function, program, or activity transferred under that subsection is continued in effect as a license, permit, or certification of the Department of Rehabilitative Services. SECTION 3.04. TRANSFERS TO THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, the following powers, duties, functions, programs, and activities, other than those related to rulemaking or policymaking, are transferred to the Department of Protective and Regulatory Services: (1) all powers, duties, functions, programs, and activities of the Texas Department of Human Services related to: (A) preventing family violence and providing services to victims of family violence; (B) licensing of and enforcing regulations applicable to home and community support services under Chapter 142, Health and Safety Code; (C) notwithstanding any other provision of this article, licensing of and enforcing regulations applicable to convalescent and nursing homes and related institutions under Chapter 242, Health and Safety Code; and (D) providing long-term care quality outreach; and (2) all powers, duties, functions, programs, and activities of the health and human services agencies, as that term was defined in Section 531.001, Government Code, immediately before the effective date of this article, related to licensing and enforcement activities and functions not listed in Subdivision (1). (b) On the date specified by Subsection (a) of this section: (1) all obligations and contracts of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection are transferred to the Department of Protective and Regulatory Services; (2) all property and records in the custody of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Department of Protective and Regulatory Services; and (3) all complaints, investigations, or contested cases that are pending before an entity or the governing body of an entity listed in Subsection (a) of this section and that are related to a power, duty, function, program, or activity transferred under that subsection are transferred without change in status to the Department of Protective and Regulatory Services. (c) A rule or form adopted by an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection is a rule or form of the Department of Protective and Regulatory Services and remains in effect until altered by the commissioner of health and human services. (d) A reference in law to an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection means the Department of Protective and Regulatory Services. A reference in law to the governing body of an entity listed in Subsection (a) of this section means the Health and Human Services Commission or the commissioner of health and human services, as appropriate. (e) A license, permit, or certification in effect that was issued by an entity listed in Subsection (a) of this section and that relates to a power, duty, function, program, or activity transferred under that subsection is continued in effect as a license, permit, or certification of the Department of Protective and Regulatory Services. SECTION 3.05. TRANSFERS TO THE TEXAS YOUTH COMMISSION. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, all powers, duties, functions, programs, and activities of the Texas Juvenile Probation Commission, other than those related to rulemaking or policymaking or those transferred under Section 3.04(a)(2) of this article, are transferred to the Texas Youth Commission. (b) On the date specified by Subsection (a) of this section: (1) all obligations and contracts of the Texas Juvenile Probation Commission that are related to a power, duty, function, program, or activity transferred under Subsection (a) of this section are transferred to the Texas Youth Commission; (2) all property and records in the custody of the Texas Juvenile Probation Commission that are related to a power, duty, function, program, or activity transferred under Subsection (a) of this section and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Texas Youth Commission; and (3) all complaints, investigations, or contested cases that are pending before the Texas Juvenile Probation Commission and that are related to a power, duty, function, program, or activity transferred under Subsection (a) of this section are transferred without change in status to the Texas Youth Commission. (c) A rule or form adopted by the Texas Juvenile Probation Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section is a rule or form of the Texas Youth Commission and remains in effect until altered by the commissioner of health and human services. (d) A reference in law to the Texas Juvenile Probation Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section means the Texas Youth Commission. A reference in law to the governing board of the Texas Juvenile Probation Commission means the Health and Human Services Commission or the commissioner of health and human services, as appropriate. (e) A license, permit, or certification in effect that was issued by the Texas Juvenile Probation Commission and that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section is continued in effect as a license, permit, or certification of the Texas Youth Commission. SECTION 3.06. TRANSFERS TO THE DEPARTMENT OF COMMUNITY AND LONG-TERM CARE SERVICES. (a) On or before September 1, 2004, as determined by the commissioner of health and human services, the following powers, duties, functions, programs, and activities, other than those related to rulemaking or policymaking or those transferred under Section 3.04(a)(2) of this article, are transferred to the Department of Community and Long-Term Care Services: (1) all powers, duties, functions, programs, and activities of the Texas Department of Mental Health and Mental Retardation related to providing mental retardation services, including state school administration and services and community residential services; (2) from the Texas Rehabilitation Commission, all powers, duties, functions, programs, and activities related to independent living centers and services; (3) from the Texas Commission for the Blind, all powers, duties, functions, programs, and activities related to independent living skills; (4) from the Texas Department on Aging, all powers, duties, functions, programs, and activities related to nutritional, independence productivity, and connections programs and services; and (5) from the Texas Department of Human Services, all powers, duties, functions, programs, and activities related to: (A) community-based care services; (B) in-home and family support services; (C) nursing facility and hospice care services; and (D) integrated service delivery services. (b) On the date specified by Subsection (a) of this section: (1) all obligations and contracts of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection are transferred to the Department of Community and Long-Term Care Services; (2) all property and records in the custody of an entity listed in Subsection (a) of this section that are related to a power, duty, function, program, or activity transferred under that subsection and all funds appropriated by the legislature for the power, duty, function, program, or activity shall be transferred to the Department of Community and Long-Term Care Services; and (3) all complaints, investigations, or contested cases that are pending before an entity or the governing body of an entity listed in Subsection (a) of this section and that are related to a power, duty, function, program, or activity transferred under that subsection are transferred without change in status to the Department of Community and Long-Term Care Services. (c) A rule or form adopted by an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection is a rule or form of the Department of Community and Long-Term Care Services and remains in effect until altered by the commissioner of health and human services. (d) A reference in law to an entity listed in Subsection (a) of this section that relates to a power, duty, function, program, or activity transferred under that subsection means the Department of Community and Long-Term Care Services. A reference in law to the governing body of an entity listed in Subsection (a) of this section means the Health and Human Services Commission or the commissioner of health and human services. (e) A license, permit, or certification in effect that was issued by an entity listed in Subsection (a) of this section and that relates to a power, duty, function, program, or activity transferred under that subsection is continued in effect as a license, permit, or certification of the Department of Community and Long-Term Care Services. SECTION 3.07. FACILITATION OF TRANSFERS BY COMMISSIONER OF HEALTH AND HUMAN SERVICES. To facilitate the transfer of powers, duties, functions, programs, and activities among the state's health and human services agencies, the Health and Human Services Commission, and other agencies as provided by this article with a minimal negative effect on the delivery of health and human services in this state, the commissioner of health and human services shall: (1) for each power, duty, function, program, or activity transferred under this article, determine: (A) the relevant agency actions that constitute the power, duty, function, program, or activity; (B) the pertinent records and property used by a state agency for the power, duty, function, program, or activity; (C) each state agency employee whose primary duties involve the power, duty, function, program, or activity and whether: (i) the employee becomes an employee of a health and human services agency, as that term is defined in Section 531.001, Government Code, as amended by Section 1.02 of this Act, to be assigned duties by the executive director of that agency, or an employee of the Health and Human Services Commission, to be assigned duties by the commissioner of health and human services; (ii) the employee must reapply with a health and human services agency, as that term is defined in Section 531.001, Government Code, as amended by Section 1.02 of this Act, or with the Health and Human Services Commission, as applicable, for a comparable employment position; or (iii) the employment position will be eliminated; (D) the funds and obligations that are related to the power, duty, function, program, or activity; and (E) the date on which the power, duty, function, program, or activity will transfer in accordance with this Act; and (2) oversee and assist the entities listed in Sections 3.01, 3.02, 3.03, 3.04, 3.05, and 3.06 of this article in transferring the powers, duties, functions, programs, activities, records, property, funds, obligations, and employees in accordance with this article. SECTION 3.08. APPLICABILITY OF FORMER LAW. An action brought or proceeding commenced before the effective date of a transfer prescribed by this article, including a contested case or a remand of an action or proceeding by a reviewing court, is governed by the laws and rules applicable to the action or proceeding before the transfer.
ARTICLE 4. MISCELLANEOUS PROVISIONS
SECTION 4.01. ABOLITION OF STATE AGENCIES AND ENTITIES. (a) The following state agencies and entities are abolished: (1) the Board of Protective and Regulatory Services; (2) the governing board of the Texas Youth Commission; (3) the Interagency Council on Early Childhood Intervention; (4) Texas Commission for the Blind; (5) Texas Commission for the Deaf and Hard of Hearing; (6) Texas Commission on Alcohol and Drug Abuse; (7) Texas Department of Health; (8) Texas Department of Human Services; (9) Texas Department of Mental Health and Mental Retardation; (10) Texas Department on Aging; (11) Texas Health Care Information Council; and (12) Texas Rehabilitation Commission. (b) The abolition of a state agency or entity listed in Subsection (a) of this section and the transfer of its powers, duties, functions, programs, activities, obligations, rights, contracts, records, property, funds, and employees as provided by this Act do not affect or impair an act done, any obligation, right, order, permit, certificate, rule, criterion, standard, or requirement existing, or any penalty accrued under former law, and that law remains in effect for any action concerning those matters. SECTION 4.02. REPEAL. Article 2, Chapter 1505, Acts of the 76th Legislature, Regular Session, 1999, is repealed. SECTION 4.03. REQUIRED WAIVER OR AUTHORIZATION. 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, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 4.04. EFFECTIVE DATE. Except as otherwise provided by this Act, this Act takes effect September 1, 2003.