By: Nelson S.B. No. 285
A BILL TO BE ENTITLED
AN ACT
relating to the administration and functions of the Texas
Department of Human Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (d), (h), and (j), Section 21.003,
Human Resources Code, are 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].
(h) A person is not eligible for appointment to the board if
the person or the person's spouse:
(1) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
[or]
(2) uses or receives a substantial amount [more than
25 percent] of tangible goods, services, or money [the person's or
the spouse's professional income in funds] from the department,
other than compensation or reimbursement authorized by law for
board membership, attendance, or expenses;
(3) is registered, certified, or licensed by a
regulatory agency in the field of nursing facility administration
or medical permits; or
(4) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department.
(j) A person may not be a member of the board or act as
general counsel to the board or the department if the person [who]
is required to register as a lobbyist under Chapter 305, Government
Code, because [by virtue] of the person's activities for
compensation [in or] on behalf of a profession related to the
operation of the department [board, may not serve as a member of the
board or act as general counsel to the board].
SECTION 2. Section 21.0031, Human Resources Code, is
amended to read as follows:
Sec. 21.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND
EMPLOYMENT. (a) [An officer, employee, or paid consultant of a
trade association in the field of human services may not be a member
or employee of the board or department.] A person [who is the
spouse of any officer, employee, or paid consultant of a trade
association in the field of human services] may not be a member of
the board and may not be a department [an] employee employed in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), and its subsequent
amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of human
services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of human
services [of the department, including an employee exempt from the
state's classification plan, who is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule].
(b) In [For the purposes of] this section, "Texas [a] trade
association" means [is] a [nonprofit,] cooperative[,] and
voluntarily joined statewide association of business or
professional competitors in this state, including a nonprofit
association, designed to assist its members and its industry or
profession in dealing with mutual business or professional problems
and in promoting their common interests.
SECTION 3. Section 21.0032, Human Resources Code, is
amended to read as follows:
Sec. 21.0032. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that [if] a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 21.003 [of
this code for appointment to the board];
(2) does not maintain during [the member's] service on
the board the qualifications required by Section 21.003 [of this
code for appointment to the board];
(3) is ineligible for membership under [violates a
prohibition established by Subsection (j) of] Section 21.003(h) or
(j) [21.003] or under [by] Section 21.0031 [of this code];
(4) cannot, because of illness or disability, [is
unable to] discharge the member's duties for a substantial part of
the member's term [for which the member was appointed because of
illness or disability]; or
(5) is absent from more than half [one-half] of the
regularly scheduled board meetings that the member is eligible to
attend during a [each] calendar year without an excuse approved[,
except when the absence is excused] by a majority vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is [was] taken when a ground for removal of a board
member exists [of the board existed].
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
presiding officer [chairman] of the board of the potential ground.
The presiding officer [chairman of the board] shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the commissioner shall notify the next highest
ranking officer of the board, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
SECTION 4. Section 21.0051, Human Resources Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(f) to read as follows:
(a) The board shall develop and implement [adopt] policies
that clearly separate the policy–making [define the respective]
responsibilities of the board and the management responsibilities
of the commissioner and the staff of the department.
(c) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement that implements [to
assure implementation of] a program of equal employment opportunity
to ensure that [by which] all personnel decisions [transactions]
are made without regard to race, color, disability [handicap], sex,
religion, age, or national origin. The policy statement must
include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, [appointment,] 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 [a comprehensive] analysis of the extent to
which the composition of the department's personnel is in
accordance with [work force that meets] federal and state law and a
description of reasonable methods to achieve compliance with
federal and state law [guidelines;
[(3) procedures by which a determination can be made
of significant underutilization in the department work force of all
persons of whom federal or state guidelines encourage a more
equitable balance; and
[(4) reasonable methods to appropriately address
areas of significant underutilization in the department work force
of all persons of whom federal or state guidelines encourage a more
equitable balance].
(f) The policy statement under Subsection (c) must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (c)(1); and
(3) be filed with the governor's office.
SECTION 5. Chapter 21, Human Resources Code, is amended by
adding Section 21.0053 to read as follows:
Sec. 21.0053. STATE EMPLOYEE INCENTIVE PROGRAM. The
commissioner or the commissioner's designee shall provide to
department employees information and training on the benefits and
methods of participation in the state employee incentive program.
SECTION 6. 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 7. Subsection (a), Section 21.011, Human Resources
Code, is amended to read as follows:
(a) On or before December 31 of each year the commissioner
shall prepare and submit to the board a full report on the operation
and administration of the department together with the
commissioner's [his] recommendations for changes. The report must
include information relating to the status of the client-centered
outcome measures developed by the department under Section
21.00605(b) and the department's progress in improving those
outcome measures. The board shall submit the report to the governor
and the legislature.
SECTION 8. Section 21.015, Human Resources Code, is amended
by amending Subsections (c) and (d) and adding Subsection (f) to
read as follows:
(c) The [If a written complaint is filed with the department
that relates to an individual or entity regulated by the department
or to a service provided by the department, the] department, at
least [as frequently as] quarterly [and] until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint [complainant, the
service provider, and the individual or entity regulated by the
department] of the status of the investigation [complaint] unless
the notice would jeopardize an undercover investigation [or
potential criminal prosecution].
(d) The department shall maintain a [keep an information]
file on [about] each written complaint filed with the department
[that relates to an individual or entity regulated by the
department or to a service provided by 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 agency closed the file without taking action other than to
investigate the complaint.
(f) 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 department's policies and procedures relating to
complaint investigation and resolution. The department may delay
providing the information to a person who is a subject of the
complaint if providing the information would jeopardize an
investigation.
SECTION 9. Section 21.016, Human Resources Code, is amended
to read as follows:
Sec. 21.016. PUBLIC TESTIMONY. The board shall develop and
implement [adopt] policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the department [board].
SECTION 10. Chapter 21, Human Resources Code, is amended by
adding Sections 21.018 and 21.019 to read as follows:
Sec. 21.018. POLICY ON TECHNOLOGICAL SOLUTIONS. The board
shall develop and implement a policy that requires the commissioner
and the staff of the department to research and propose appropriate
technological solutions to improve the ability of the department to
perform its mission. The technological solutions must include
measures to ensure that the public is able to easily find
information about the department through the Internet and that
persons who have a reason to use the department's services are able
to use the Internet to interact with the department and to access
any services that can be provided effectively through the Internet.
The policy shall also ensure that proposed technological solutions
are cost-effective and developed through the department's planning
processes.
Sec. 21.019. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION
PROCEDURES. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
SECTION 11. Chapter 22, Human Resources Code, is amended by
adding Section 22.040 to read as follows:
Sec. 22.040. DETERMINATION OF ELIGIBILITY FOR COMMUNITY
CARE SERVICES FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES.
The department by rule shall develop and implement a plan to assist
elderly persons or persons with disabilities requesting community
care services in receiving those services as quickly as possible
when those services become available. The plan must require the
department to:
(1) forecast participant openings that will become
available in a community care program serving the elderly person or
person with a disability during the next fiscal quarter because of
program expansion or case closures;
(2) contact an individual on an interest list and
begin the program eligibility determination process at least 30
days before an opening is forecasted to become available in the
program; and
(3) ensure that an individual determined to be
eligible for services does not begin receiving services until after
the opening actually becomes available.
SECTION 12. Section 31.0128, Human Resources Code, is
amended by adding Subsection (e) to read as follows:
(e) On the department's formulation of recommendations and
strategies under Section 31.0129(b), the department and the Texas
Workforce Commission shall, as necessary, revise and update a
memorandum of understanding and coordinated interagency case
management plan under this section to include the recommendations
and strategies.
SECTION 13. 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 14. Section 242.610, Health and Safety Code, is
amended by amending Subsections (b), (d), and (g) and adding
Subsections (h) through (m) to read as follows:
(b) The department shall prepare and conduct, at the site of
the training program, an examination for the issuance of a permit.
The results of the examination shall be reported in accordance with
Section 242.6101.
(d) Subject to Subsections (h)-(m), the [The] department
shall issue a permit or renew a permit to an applicant who:
(1) meets the minimum requirements adopted under
Section 242.608;
(2) successfully completes the examination or the
continuing education requirements; and
(3) pays a nonrefundable application fee determined by
the board.
(g) The board by rule may adopt a system under which permits
expire on various dates during the year. For the year in which the
permit expiration date is changed, the department shall prorate
permit fees on a monthly basis so that each permit holder pays only
that portion of the permit fee that is allocable to the number of
months during which the permit is valid. On renewal of the permit
on the new expiration date, the total permit renewal fee is payable
[The department may shorten the term of a permit to provide for the
staggered renewal of permits. If a permit is issued for a term that
is less than one year, the fee assessed under Section 242.611 must
be prorated appropriately].
(h) A person who is otherwise eligible to renew a permit may
renew an unexpired permit by paying the required renewal fee to the
department before the expiration date of the permit. A person whose
permit has expired may not engage in activities that require a
permit until the permit has been renewed.
(i) A person whose permit has been expired for 90 days or
less may renew the permit by paying to the department a renewal fee
that is equal to 1-1/2 times the normally required renewal fee.
(j) A person whose permit has been expired for more than 90
days but less than one year may renew the permit by paying to the
department a renewal fee that is equal to two times the normally
required renewal fee.
(k) A person whose permit has been expired for one year or
more may not renew the permit. The person may obtain a new permit by
complying with the requirements and procedures, including the
examination requirements, for obtaining an original permit.
(l) A person who was issued a permit in this state, moved to
another state, currently holds a valid permit or license issued by
the other state, and has been in practice in that state for the two
years preceding the date of application may obtain a new permit
without reexamination. The person must pay to the department a fee
that is equal to two times the normally required renewal fee for the
permit.
(m) Not later than the 30th day before the date a person's
permit is scheduled to expire, the department shall send written
notice of the impending expiration to the person at the person's
last known address according to the records of the department.
SECTION 15. Subchapter N, Chapter 242, Health and Safety
Code, is amended by adding Section 242.6101 to read as follows:
Sec. 242.6101. RESULTS OF EXAMINATION FOR ISSUANCE OF
PERMIT. (a) Not later than the 30th day after the date a person
takes an examination for the issuance of a permit under this
subchapter, the department shall notify the person of the results
of the examination.
(b) If the examination is graded or reviewed by a testing
service:
(1) the department shall notify the person of the
results of the examination not later than the 14th day after the
date the department receives the results from the testing service;
and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
department shall notify the person of the reason for the delay
before the 90th day.
(c) The department may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails an
examination for the issuance of a permit administered under this
subchapter, the department shall furnish the person with an
analysis of the person's performance on the examination.
SECTION 16. Section 242.611, Health and Safety Code, is
amended to read as follows:
Sec. 242.611. FEES FOR ISSUANCE AND RENEWAL OF PERMIT TO
ADMINISTER MEDICATION. The board shall set the fees in amounts
reasonable and necessary to recover the amount projected by the
department as required to administer its functions. Except as
otherwise provided by Section 242.610, the [The] fees may not
exceed:
(1) $25 for a combined permit application and
examination fee; and
(2) $15 for a renewal permit application fee.
SECTION 17. Section 242.612, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The board shall revoke, [For the violation of this
subchapter or a rule adopted under this subchapter, the department
may:
[(1)] suspend, [revoke,] or refuse to renew a permit
or shall reprimand a permit holder for a violation of this
subchapter or a rule of the board adopted under this subchapter. In
addition, the board may[;
[(2)] suspend a permit in an emergency[;] or
[(3)] rescind training program approval.
(c) The board may place on probation a person whose permit
is suspended. If a permit suspension is probated, the board may
require the person:
(1) to report regularly to the department on matters
that are the basis of the probation;
(2) to limit practice to the areas prescribed by the
board; or
(3) to continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
SECTION 18. The changes made by this Act to Subsection (a),
Section 21.011, Human Resources Code, apply only to a report on the
operations and administration of the Texas Department of Human
Services that is required to be submitted to the governor and the
legislature under that section after December 31, 2003.
SECTION 19. The Texas Department of Human Services shall
develop a business plan for each service region, in accordance with
Section 21.00605, Human Resources Code, as added by this Act, not
later than September 1, 2004.
SECTION 20. The Texas Department of Human Services shall
formulate recommendations and strategies in accordance with
Subsection (b), Section 31.0129, Human Resources Code, as added by
this Act, not later than September 1, 2004.
SECTION 21. Not later than December 1, 2004, the Texas
Department of Human Services and the Texas Workforce Commission
shall, as necessary, update the memorandum of understanding and
coordinated interagency case management plan required under
Section 31.0128, Human Resources Code, as amended by this Act.
SECTION 22. This Act takes effect September 1, 2003.