By:  Truitt                                                       H.B. No. 3127


A BILL TO BE ENTITLED
AN ACT
relating to the designation and powers of local health and human services authorities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.063 to read as follows: Sec. 531.063. LOCAL HEALTH AND HUMAN SERVICES AUTHORITIES. (a) The commission may designate local health and human services authorities to provide services for which the commission is responsible, or to provide services for which other health and human services agencies are responsible, in designated local service areas of this state. The commission may delegate to an authority the authority and responsibility for planning, policy development, coordination, resource allocation, resource development, and oversight related to health and human services in the authority's local service area. (b) The commission may designate as a local health and human services authority a local mental health and mental retardation authority designated under Title 7, Health and Safety Code, to serve the same local service area, and a local mental health and mental retardation authority may apply to the commission for its redesignation as a local health and human services authority. (c) A local health and human services agency designated under this section has all the responsibilities and duties of: (1) a local mental health and mental retardation authority provided by Section 533.035, Health and Safety Code, and Subchapter B, Chapter 534, Health and Safety Code; (2) a local behavioral health authority under Section 533.0356, Health and Safety Code, and (3) responsibilities and duties for health or human services as determined by the commission. (d) In planning and implementing the provision of services as determined by the commission, a local health and human services authority shall ensure that money spent for services are used in accordance with regulatory and statutory requirements for the use of the money. (e) The commission may disburse state or federal money to a local health and human services authority for services by contract or by a case-rate or capitated arrangement or by another method of allocation. (f) In determining whether to designate a local health and human services authority to serve a local service area, the commission shall solicit and consider written comments from any interested person, including community representatives, persons who may be consumers of the proposed services, and family members of those persons. (g) The commission has full supervisory control over a local health and human services authority designated under this section. The authority shall demonstrate to the commission that services involving the expenditure of state or federal money comply with state and federal standards for the expenditures and deliver of the services. (h) The commission shall adopt rules governing the operations of local health and human services authorities. (i) The commission may assign a local health and human services authority the duty to provide a single point of entry for its assigned services. SECTION 2. The Health and Human Services Commission shall determine whether local mental health and mental retardation authorities and local behavioral health authorities in operation on the effective date of this Act may conveniently and cost-effectively serve as local health and human services authorities as authorized by Section 531.059, Government Code, as added by this Act. SECTION 3. This Act takes effect September 1, 2003.