79R9657 JJT-F
By: Davis of Harris H.B. No. 2764
A BILL TO BE ENTITLED
AN ACT
relating to statutory authority for certain governmental entities
to take certain actions to permit the legislature to reduce
appropriations to those agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Notwithstanding any statute to the
contrary, the legislature, in its discretion, may determine the
amount of each appropriation of state funds. The amounts required
by statute for entities that receive state funds under Article II of
the General Appropriations Act, 79th Legislature, Regular Session,
2005, may be reduced or eliminated in order to achieve a balanced
budget.
(b) This section expires September 1, 2007.
SECTION 2. (a) This section applies to the following state
agencies:
(1) the Health and Human Services Commission; and
(2) each agency over which the executive director of
the Health and Human Services Commission has authority.
(b) Notwithstanding any other statute of this state, each
state agency to which this section applies is authorized to reduce
expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
electronic mail or through the Internet; and
(5) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
SECTION 3. Section 39.903(e), Utilities Code, as amended by
Chapters 1394, 1451, and 1466, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
(e) Money in the system benefit fund may be appropriated to
provide funding solely for the following [regulatory] purposes,
[and] in the following order of priority:
(1) the medical assistance program under Chapter 32,
Human Resources Code;
(2) customer education programs, administrative
expenses incurred by the commission in implementing and
administering this chapter, and expenses incurred by the office
under this chapter;
(3) programs to assist low-income electric customers
by providing the 10 percent reduced rate prescribed by Subsection
(h);
(4) programs to assist low-income electric customers
by providing the targeted energy efficiency programs described by
Subsection (f)(2); [customer education programs, administrative
expenses incurred by the commission in implementing and
administering this chapter, and expenses incurred by the office
under this chapter;]
(5) the school funding loss mechanism provided by
Section 39.901;
(6) programs to assist low-income electric customers
by providing the 20 percent reduced rate prescribed by Subsection
(h); and
(7) reimbursement to the commission and the Health and
Human Services Commission [Texas Department of Human Services] for
expenses incurred in the implementation and administration of an
integrated eligibility process created under Section 17.007 for
customer service discounts relating to retail electric service,
including outreach expenses the commission determines are
reasonable and necessary.
SECTION 4. Notwithstanding any statute to the contrary,
each health and human services agency, including any agency listed
in Section 531.001, Government Code, shall reduce its
expenditures, through a reduction in services provided or through a
reduction in other activities of the agency, as necessary to
operate within the amounts appropriated to the agency under Article
II of the General Appropriations Act. The comptroller of public
accounts or the executive commissioner of the Health and Human
Services Commission, as appropriate, may direct an agency to reduce
services or activities in accordance with this section.
SECTION 5. Notwithstanding Subchapter G, Chapter 403,
Government Code, the legislature may appropriate the available
earnings of any permanent fund established under that subchapter
and derived from tobacco proceeds to any strategy identified under
Article II of the General Appropriations Act. The comptroller
shall transfer funds from the permanent funds established under
Subchapter G, Chapter 403, Government Code, as necessary to
implement this section. This section expires September 1, 2007.
SECTION 6. (a) Section 103.007, Human Resources Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) A person who operates a facility that is licensed under
this chapter must file an application for a renewal license not
later than the 45th day before the expiration date of the current
license on a form prescribed by the department together with a
renewal fee of $25.
(d) An application for license renewal submitted to the
department later than the 45th day before the expiration date of the
current license must be accompanied by a late application fee in
accordance with department rules.
(b) The change in law made by this section applies only to an
application for license renewal that is submitted on or after
September 1, 2005.
SECTION 7. Chapter 103, Human Resources Code, is amended by
adding Section 103.0076 to read as follows:
Sec. 103.0076. FEASIBILITY INSPECTION. (a) The department
shall adopt a procedure under which a person who is considering
applying for a license to operate an adult day-care facility may
request an on-site compliance review by qualified department
personnel of an existing unlicensed building for conformance with
the department's licensing standards and the relevant occupancy
chapters of the Life Safety Code of the National Fire Protection
Association. In adopting the procedure, the department shall set
reasonable deadlines by which the department must complete the
feasibility inspection.
(b) Not later than the 30th day after the date a person
requests a feasibility inspection under this section, the
department shall complete the inspection and inform the person in
writing of the results of the inspection. If the building complies
with the department's licensing standards and the relevant Life
Safety Code occupancy chapters, the department may not subsequently
change the licensing standards and the relevant Life Safety Code
occupancy chapters applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(c) The department may charge a reasonable fee for
conducting a feasibility inspection under this section.
(d) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct feasibility inspections under this section.
(e) The feasibility inspection procedure provided by this
section does not include inspection of an existing unlicensed
building for conformance with the Texas Accessibility Standards as
administered and enforced by the Texas Department of Licensing and
Regulation.
SECTION 8. (a) Section 142.0105, Health and Safety Code, is
amended to read as follows:
Sec. 142.0105. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by submitting a completed application for renewal and
paying the required renewal fee to the department not later than the
45th day before the expiration date of the license. A person whose
license has expired may not engage in activities that require a
license [until the license has been renewed].
(b) An application for license renewal submitted to the
department later than the 45th day before the expiration date of a
current license is subject to an additional late application fee in
accordance with department rules [A person whose license has been
expired for 90 days or less may renew the license by paying to the
department a renewal fee that is equal to 1-1/2 times the normally
required renewal fee].
(c) [A person whose license has been expired for more than
90 days may obtain a new license by complying with the requirements
and procedures for obtaining an original license.
[(d)] Not later than the 120th [60th] day before the date a
person's license 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.
(b) The change in law made by this section applies only to an
application for license renewal that is submitted on or after
September 1, 2005.
SECTION 9. Section 142.017, Health and Safety Code, is
amended by amending Subsection (e) and adding Subsection (j) to
read as follows:
(e) Except as provided in Subsection (j), the [The]
department by rule shall provide the home and community support
services agency with a reasonable period of time following the
first day of a violation to correct the violation before assessing
an administrative penalty if a plan of correction has been
implemented.
(j) The department is not required to provide the home and
support services agency with a reasonable period of time following
the first day of a violation to correct the violation before
assessing an administrative penalty if the department determines
that the violation:
(1) results in serious harm to or death of a client;
(2) constitutes a serious threat to the health or
safety of a client;
(3) substantially limits the agency's capacity to
provide care;
(4) is a violation in which a person:
(A) makes a false statement, that the person
knows or should know is false, of a material fact:
(i) on an application for issuance or
renewal of a license or in an attachment to the application; or
(ii) with respect to a matter under
investigation by the department;
(B) refuses to allow a representative of the
department to inspect:
(i) a book, record, or file required to be
maintained by an agency; or
(ii) any portion of the premises of an
agency;
(C) wilfully interferes with the work of a
representative of the department or the enforcement of this
chapter;
(D) wilfully interferes with a representative of
the department preserving evidence of a violation of this chapter
or a rule, standard, or order adopted or license issued under this
chapter;
(E) fails to pay a penalty assessed by the
department under this chapter not later than the 10th day after the
date the assessment of the penalty becomes final; or
(F) fails to submit an acceptable plan of
correction not later than the 10th day after the date the person
receives a statement of licensing violations;
(5) involves the requirements for advance directives;
or
(6) involves the rights of the elderly under Chapter
102, Human Resources Code.
SECTION 10. Subchapter A, Chapter 142, Health and Safety
Code, is amended by adding Sections 142.0031 and 142.0032 to read as
follows:
Sec. 142.0031. EARLY COMPLIANCE REVIEW. (a) The
department by rule shall adopt a procedure under which a person
proposing to construct or modify a free-standing hospice may submit
building plans to the department for review for compliance with the
department's architectural requirements before beginning
construction or modification. In adopting the procedure, the
department shall set reasonable deadlines by which the department
must complete review of submitted plans.
(b) Not later than the 30th day after the date building
plans are submitted under this section, the department shall review
the plans for compliance with the department's architectural
requirements and inform the person in writing of the results of the
review. If the plans comply with the department's architectural
requirements, the department may not subsequently change the
architectural requirements applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(c) The department may charge a reasonable fee for
conducting a review under this section.
(d) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct reviews under this section.
(e) The review procedure provided by this section does not
include review of building plans for compliance with the Texas
Accessibility Standards as administered and enforced by the Texas
Department of Licensing and Regulation.
Sec. 142.0032. FEASIBILITY INSPECTION. (a) The department
shall adopt a procedure under which a person who is considering
applying for a license to operate a free-standing hospice may
request an on-site compliance review by qualified department
personnel of an existing unlicensed building for conformance with
the department's licensing standards and the relevant occupancy
chapters of the Life Safety Code of the National Fire Protection
Association. In adopting the procedure, the department shall set
reasonable deadlines by which the department must complete the
feasibility inspection.
(b) Not later than the 30th day after the date a person
requests a feasibility inspection under this section, the
department shall complete the inspection and inform the person in
writing of the results of the inspection. If the building complies
with the department's licensing standards and the relevant Life
Safety Code occupancy chapters, the department may not subsequently
change the licensing standards and the relevant Life Safety Code
occupancy chapters applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(c) The department may charge a reasonable fee for
conducting a feasibility inspection under this section.
(d) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct feasibility inspections under this section.
(e) The feasibility inspection procedure provided by this
section does not include inspection of an existing unlicensed
building for conformance with the Texas Accessibility Standards as
administered and enforced by the Texas Department of Licensing and
Regulation.
SECTION 11. Section 242.034, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) An application for license renewal that is submitted to
the department later than the 45th day before the expiration date of
a current license is subject to an additional late application fee
in accordance with department rules.
SECTION 12. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0386 to read as follows:
Sec. 242.0386. FEASIBILITY INSPECTION. (a) The department
shall adopt a procedure under which a person who is considering
applying for a license to operate an institution may request an
on-site compliance review by qualified department personnel of an
existing unlicensed building for conformance with the department's
licensing standards and the relevant occupancy chapters of the Life
Safety Code of the National Fire Protection Association. In
adopting the procedure, the department shall set reasonable
deadlines by which the department must complete the feasibility
inspection.
(b) Not later than the 30th day after the date a person
requests a feasibility inspection under this section, the
department shall complete the inspection and inform the person in
writing of the results of the inspection. If the building complies
with the department's licensing standards and the relevant Life
Safety Code occupancy chapters, the department may not subsequently
change the licensing standards and the relevant Life Safety Code
occupancy chapters applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(c) The department may charge a reasonable fee for
conducting a feasibility inspection under this section.
(d) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct feasibility inspections under this section.
(e) The feasibility inspection procedure provided by this
section does not include inspection of an existing unlicensed
building for conformance with the Texas Accessibility Standards as
administered and enforced by the Texas Department of Licensing and
Regulation.
SECTION 13. (a) Section 242.097, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) A fee charged under Subsection (a) or (b) that is not
paid by a nursing or convalescent home on or before the due date is
late and the home must pay an additional fee in accordance with
department rules.
(b) The change in law made by this section applies only to a
fee that first becomes due on or after September 1, 2005.
SECTION 14. (a) Section 242.0975, Health and Safety Code,
is amended by adding Subsection (d) to read as follows:
(d) A fee charged under Subsection (a) or (b) that is not
paid by a facility on or before the due date is late and the facility
must pay an additional fee in accordance with department rules.
(b) The change in law made by this section applies only to a
fee that first becomes due on or after September 1, 2005.
SECTION 15. (a) Section 247.024, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) An application for license renewal that is submitted to
the department later than the 45th day before the expiration date of
a current license is subject to a late application fee in accordance
with department rules.
(b) The change in law made by this section applies only to an
application for license renewal that is submitted on or after
September 1, 2005.
SECTION 16. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0262 to read as follows:
Sec. 247.0262. FEASIBILITY INSPECTION. (a) The department
shall adopt a procedure under which a person who is considering
applying for a license to operate an assisted living facility may
request an on-site compliance review by qualified department
personnel of:
(1) an existing unlicensed building for conformance
with the department's licensing standards and the relevant
occupancy chapters of the Life Safety Code of the National Fire
Protection Association; or
(2) an existing licensed facility that wants to change
its capacity or licensure type.
(b) In adopting the procedure under Subsection (a), the
department shall set reasonable deadlines by which the department
must complete a feasibility inspection.
(c) Not later than the 30th day after the date a person
requests a feasibility inspection under this section, the
department shall complete the inspection and inform the person in
writing of the results of the inspection. If the building complies
with the department's licensing standards and the relevant Life
Safety Code occupancy chapters, the department may not subsequently
change the licensing standards and the relevant Life Safety Code
occupancy chapters applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(d) The department may charge a reasonable fee for
conducting a feasibility inspection under this section.
(e) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct reviews under this section.
(f) The feasibility inspection procedure provided by this
section does not include inspection of an existing unlicensed
building for conformance with the Texas Accessibility Standards as
administered and enforced by the Texas Department of Licensing and
Regulation.
SECTION 17. (a) Section 252.034, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) An application for license renewal that is submitted to
the department later than the 45th day before the expiration date of
a current license is subject to a late application fee in accordance
with department rules.
(b) The change in law made by this section applies only to an
application for license renewal that is submitted on or after
September 1, 2005.
SECTION 18. Subchapter B, Chapter 252, Health and Safety
Code, is amended by adding Section 252.0376 to read as follows:
Sec. 252.0376. FEASIBILITY INSPECTION. (a) The department
shall adopt a procedure under which a person who is considering
applying for a license to operate a facility may request an on-site
compliance review by qualified department personnel of an existing
unlicensed building for conformance with the department's
licensing standards and the relevant occupancy chapters of the Life
Safety Code of the National Fire Protection Association. In
adopting the procedure, the department shall set reasonable
deadlines by which the department must complete the feasibility
inspection.
(b) Not later than the 30th day after the date a person
requests a feasibility inspection under this section, the
department shall complete the inspection and inform the person in
writing of the results of the inspection. If the building complies
with the department's licensing standards and the relevant Life
Safety Code occupancy chapters, the department may not subsequently
change the licensing standards and the relevant Life Safety Code
occupancy chapters applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(c) The department may charge a reasonable fee for
conducting a feasibility inspection under this section.
(d) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct feasibility inspections under this section.
(e) The feasibility inspection procedure provided by this
section does not include inspection of an existing unlicensed
building for conformance with the Texas Accessibility Standards as
administered and enforced by the Texas Department of Licensing and
Regulation.
SECTION 19. (a) Section 252.095, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) A fee charged under Subsection (a) that is not paid on or
before the due date is late and the facility must pay an additional
fee in accordance with department rules.
(b) The change in law made by this section applies only to a
fee charged under Section 252.095(a), Health and Safety Code, that
first becomes due on or after September 1, 2005.
SECTION 20. (a) Section 103.006(b), Human Resources Code,
is amended to read as follows:
(b) The license expires two years [one year] from the date
of its issuance.
(b) The change in law made by this section applies only to a
license issued under Section 103.006, Human Resources Code, as
amended by this section, on or after September 1, 2005. A license
issued under Section 103.006, Human Resources Code, before
September 1, 2005, expires as provided by the license and the law as
it existed immediately before September 1, 2005, and the former law
is continued for that purpose.
SECTION 21. (a) Section 142.006(b), Health and Safety
Code, is amended to read as follows:
(b) A license issued under this chapter expires two years
[one year] after the date of issuance. The department may issue an
initial license for a shorter term [of less than one year] to
conform expiration dates for a locality or an applicant. The
department, in accordance with department [board] rules, may issue
a temporary license to an applicant for an initial license.
(b) The change in law made by this section applies only to a
license issued under Section 142.006, Health and Safety Code, as
amended by this section, on or after September 1, 2005. A license
issued under Section 142.006, Health and Safety Code, before
September 1, 2005, expires as provided by the license and the law as
it existed immediately before September 1, 2005, and the former law
is continued for that purpose.
SECTION 22. (a) Section 142.010(a), Health and Safety
Code, is amended to read as follows:
(a) The department [board] shall set license fees for home
and community support services agencies in amounts that are
reasonable to meet the costs of administering this chapter, except
that the fees may not be less than $600 [$300] or more than $2,000
[$1,000] for a license to provide home health, hospice, or personal
assistance services.
(b) The change in law made by this section applies only to a
fee for a license issued under Chapter 142, Health and Safety Code,
as amended by this section, for a license issued on or after
September 1, 2005. The fee for a license issued before September 1,
2005, is the fee as set by rules adopted under that chapter as they
existed immediately before September 1, 2005, and the former law is
continued for that purpose.
SECTION 23. (a) Sections 247.023(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) The department shall issue a license if, after
inspection and investigation, it finds that the applicant, the
assisted living facility, and all controlling persons with respect
to the applicant or facility meet the requirements of this chapter
and the standards adopted under this chapter. The license expires
on the second anniversary of the date of its issuance.
(b) To renew a license, the license holder must submit to
the department the [annual] license renewal fee.
(b) The change in law made by this section applies only to a
license issued under Section 247.023, Health and Safety Code, as
amended by this section, on or after September 1, 2005. A license
issued under Section 247.023, Health and Safety Code, before
September 1, 2005, expires as provided by the license and the law as
it existed immediately before September 1, 2005, and the former law
is continued for that purpose.
SECTION 24. (a) Section 247.024(a), Health and Safety Code,
is amended to read as follows:
(a) The department [board] shall set license fees imposed by
this chapter:
(1) on the basis of the number of beds in assisted
living facilities required to pay the fee; and
(2) in amounts reasonable and necessary to defray the
cost of administering this chapter, but not to exceed $1,500
[$750].
(b) The change in law made by this section applies only to a
fee for a license issued under Chapter 247, Health and Safety Code,
as amended by this section, for a license issued on or after
September 1, 2005. The fee for a license issued before September 1,
2005, is the fee as set by rules adopted under that chapter as they
existed immediately before September 1, 2005, and the former law is
continued for that purpose.
SECTION 25. Notwithstanding Section 2201.002, Government
Code, or any other law, the Texas capital trust fund may be used in
any manner necessary to support the infrastructure of facilities
for persons with mental retardation and mental illness.
SECTION 26. (a) The Department of Assistive and
Rehabilitative Services shall reduce expenditures by providing
through the vocational rehabilitation program operated by the
commission:
(1) transition planning services to prepare persons
with disabilities for a successful transition to employment; and
(2) extended ongoing support services to enable
individuals to achieve and maintain employment.
(b) Notwithstanding any other law, services described by
Subsections (a)(1) and (2) of this section may not be provided
separately from the vocational rehabilitation program operated by
the Department of Assistive and Rehabilitative Services.
SECTION 27. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.