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Amend CSSB 6 as follows:
(1) Add the following to be SECTION 1.35 and renumber the
remaining SECTIONS as appropriate:
SECTION 1.35. PRIVATIZATION OF CHILD PROTECTIVE SERVICES.
(a) The Health and Human Services Commission shall conduct a study
to identify functions of the child protective services division of
the Department of Family and Protective Services that are not
currently performed by a private person or performed by an entity
under a contact with the department on a widespread basis, would
result in improving the welfare of children receiving services from
the department or in other benefits to the department.
(b) If the commission determines that contracting with a
private person or entity to perform certain functions described by
Subsection (a) of this section would be beneficial, the commission
shall implement privatization of those functions through a pilot
program in one county or one region of the state until September 1,
2009.
(C) The commission shall:
(1) ensure that the process for privatizing functions
under Subsection (b) of this section and for monitoring that
privatization includes rigorous accountability and oversight
mechanisms;
(2) ensure that any contract entered into under
Subsection (b) of this section contains the provisions required
under Section 40.058(b), Human Resources Code, and is subject to
the performance monitoring standards under Section 40.058(c),
Human Resource Code;
(3) develop adequate contingency plans that allow for
emergency takeovers of privatized functions if there is a
disruption in the services provided by the contracted person or
entity; and
(4) provide opportunities for any interested parties
to comment and otherwise have input in all stages of the process for
privatizing functions under Subsection (b) of this section.
(d) Not later than December 31, 2008, the Health and Human
Services Commission shall report the results of any pilot program
implemented under Subsection (b) of this section to the lieutenant
governor, the speaker of the house of representatives, and the
clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the department. The
report must include:
(1) an analysis comparing costs and benefits of using
a private entity to provide child protective services versus the
state providing those services;
(2) a description of the problems the commission
experienced during the pilot programs and a description of any
potential problems the commission anticipates with implementing
the pilot programs statewide; and
(3) recommendations on whether the pilot programs
should be expanded statewide.