78R9101 MTB-D
By: Swinford H.B. No. 3006
A BILL TO BE ENTITLED
AN ACT
relating to state health and human services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.0015 to read as follows:
Sec. 531.0015. TRANSFER OF POWERS AND DUTIES FROM CERTAIN
HEALTH AND HUMAN SERVICES AGENCIES. (a) Each health and human
services agency, as defined by Section 531.001(4), is abolished,
and all powers, duties, personnel, property, assets, and
obligations of the agency are transferred to the commission. The
validity of a prior action of an agency defined by Section
531.001(4) is not affected by the abolishment.
(b) All rules of a health and human services agency, as
defined by Section 531.001(4), relating to a transferred power or
duty remain in effect as rules of the commission until amended or
repealed by the commission.
(c) A reference in law to a health and human services
agency, as defined by Section 531.001(4), or to the governing body
of that agency means the commission or the commissioner of health
and human services, as appropriate.
(d) The commissioner of health and human services shall
organize the operations of the commission so that health and human
services are provided in this state through divisions created
within the commission, as determined by the commissioner.
SECTION 2. Subchapter A, Chapter 101, Occupations Code, is
amended by adding Sections 101.008, 101.0081, 101.009, 101.010,
101.011, and 101.012 to read as follows:
Sec. 101.008. SUNSET PROVISION. The Health Professions
Council is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the council is abolished and this chapter expires September 1,
2015.
Sec. 101.0081. SPECIAL PURPOSE SUNSET REVIEW. (a) During
the period preceding the regular session of the 79th Legislature,
the Sunset Advisory Commission shall perform a special purpose
review of the council. In the review, the sunset commission may only
review the appropriateness of the recommendations made by the
commission to the regular session of the 78th Legislature regarding
the council. In the sunset commission's report to the 79th
Legislature, the commission may include any of those prior
recommendations the commission considers appropriate.
(b) The council and the agencies composing the council shall
cooperate with the Sunset Advisory Commission in the review and
shall provide to the commission any information the commission
considers necessary for the review.
(c) This section expires September 1, 2005.
Sec. 101.009. RULES. (a) The council may adopt rules to
govern the operation and administration of an agency listed in
Section 101.002.
(b) The council may adopt rules related to the management of
an agency listed in Section 101.002, including rules governing
information technology, human resources, and financial services.
(c) The council may not adopt a rule related to the practice
of a profession regulated by an agency listed in Section 101.002.
Sec. 101.010. COUNCIL POLICIES. The council shall adopt
policies to govern the agencies that compose the council.
Sec. 101.011. COUNCIL POWERS. (a) The council may manage
the operations of an agency listed in Section 101.002.
(b) The council shall exercise the administrative
responsibilities of information technology, human resources, and
financial operations of an agency listed in Section 101.002.
Sec. 101.012. DIVISION OF RESPONSIBILITIES. (a) The
council shall develop and implement policies that clearly separate
the policy-making responsibilities and the management
responsibilities of the council and the agencies that compose the
council.
(b) Notwithstanding any other law, an agency listed in
Section 101.002 may not adopt a rule related to the organization,
operating procedures, or management of the agency that is
determined by council rule to be within the council's
responsibility.
SECTION 3. Section 22.001, Human Resources Code, is amended
by adding Subsection (e) to read as follows:
(e) The department may solicit and accept gifts, grants, and
donations of money, property, or services from public or private
sources for use in helping persons who are needy or in carrying out
any of the department's functions.
SECTION 4. Section 21.003(d), Human Resources Code, is
amended to read as follows:
(d) The governor shall designate a member of [After the
biennial appointment of new members,] the board as the [shall elect
a] presiding officer of the board to serve in that capacity at the
pleasure of the governor [who shall preside over meetings of the
board].
SECTION 5. Chapter 21, Human Resources Code, is amended by
adding Section 21.00605 to read as follows:
Sec. 21.00605. REGIONAL BUSINESS PLANNING. (a) The
department shall develop a business plan for each service region
that:
(1) addresses the department's statewide goals and
states the region's specific objectives and strategies to meet the
goals;
(2) includes region-specific targets for
client-centered outcome measures; and
(3) requires regional administrators to report at
least annually to the state office on the region's progress in
achieving the goals and objectives contained in the region's
business plan.
(b) The department shall develop standard client-centered
outcome measures and use the standard measures in all regional
business plans.
(c) The department must seek public input in the development
of regional business plans and regional strategies.
SECTION 6. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Section 31.0129 to read as follows:
Sec. 31.0129. COORDINATED PLAN TO IMPROVE INTERAGENCY
TRANSITIONS. (a) The department, the Texas Workforce Commission,
and representatives of local workforce development boards shall
conduct a survey of best practices used to transition clients
between local department offices and workforce centers.
(b) The department shall:
(1) analyze information collected by a survey under
Subsection (a); and
(2) formulate recommendations and strategies to
improve practices used to transition clients between local
department offices and workforce centers.
(c) Using existing resources, the department and local
workforce development boards shall adopt policies to implement the
recommendations and strategies contained in the revised and updated
memorandum of understanding under Section 31.0128.
SECTION 7. Chapter 122, Human Resources Code, is amended by
adding Section 122.029 to read as follows:
Sec. 122.029. DUTIES OF STATE AUDITOR. (a) As part of an
audit of a state agency authorized under Section 2161.123,
Government Code, the state auditor shall:
(1) conduct an audit of a state agency for compliance
with this chapter; and
(2) report to the council a state agency that is not
complying with this chapter.
(b) If the state auditor reports to the council that a state
agency is not complying with this chapter, the council shall assist
the agency in complying.
SECTION 8. This Act takes effect September 1, 2003.