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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.