By:  Gallegos                                                     S.B. No. 1869
	(In the Senate - Filed April 19, 2005; April 21, 2005, read 
first time and referred to Committee on Health and Human Services; 
May 6, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; May 6, 2005, sent 
to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1869                                   By:  Janek


A BILL TO BE ENTITLED

AN ACT


relating to the Harris County Board of Protective Services for 
Children and Adults.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subdivisions (1) and (3), Subsection (a), 
Section 152.1073, Human Resources Code, are amended to read as 
follows:
		(1)  "Board" means the Harris County Board of
[Children's] Protective Services for Children and Adults [Board].
		(3)  "Institution" means an institution for the care 
and protection of children and adults who have been abandoned or 
abused, or are for any other reason in need of protective services.  
The term does not include a detention facility for adults or
delinquent children or children in need of supervision or a 
facility primarily for adults or children with severe psychological 
or other medical conditions.
	SECTION 2.  Subsections (g) and (h), Section 152.1073, Human 
Resources Code, are amended to read as follows:
	(g)  In addition to the authority granted to the board by the 
commissioners court, [and] the [Texas] Department of Aging and 
Disability [Human] Services, and the Department of Family and 
Protective Services, the board may:
		(1)  disburse funds from sources other than the 
commissioners court, [and] the [Texas] Department of Aging and 
Disability [Human] Services, and the Department of Family and 
Protective Services to benefit children and adults under this 
section and to provide care, protection, evaluation, training, 
treatment, education, and recreation to those children and adults;
		(2)  refuse to accept any funds the board considers to 
be inappropriate, incompatible, or burdensome to board policies or 
the provision of services;
		(3)  accept a gift or grant of real or personal property 
or accept support under or an interest in a trust to benefit 
children or adults under this section and hold the gift or grant 
directly or in trust;
		(4)  use a gift or grant to benefit children or adults
under this section and to provide care, protection, education, or 
training to those children and adults;
		(5)  accept and disburse as provided by Subdivision (1) 
fees and contributions from parents, guardians, and relatives of 
children and adults who are:
			(A)  in county supported substitute care or 
custody; or                    
			(B)  being assisted by casework, day care, or 
homemaker services, by medical, psychological, dental, or other 
remedial help, or by teaching, training, or other services;
		(6)  account for and spend funds the board receives as 
fees, contributions, payments made by guardians, or payments made 
to benefit a child or an adult in a program regulated by the board
[in the board's legal custody];
		(7)  receive and disburse funds available to support or 
benefit a child or adult in the board's legal custody, including 
social security benefits, Medicaid or Medicare benefits, 
Supplemental Security Income or Social Security disability 
benefits, life insurance proceeds, survivors' pension or annuity 
benefits, or a beneficial interest in property; [and]
		(8)  receive and use funds, grants, and assistance 
available to the board from a federal or state department or agency 
to carry out the functions and programs of the department or agency 
that is designed to aid or extend programs and operations approved 
by the board; and
		(9)  create or operate a guardianship program as 
defined under Section 601, Texas Probate Code.
	(h)  The board shall designate the director or an assistant 
to apply for letters of guardianship or to sign court documents if 
necessary to receive funds under Subsection (g)(7).  The director 
or an assistant may:
		(1)  apply for and disburse the funds to provide 
special items of support for children and adults under this section 
or to pay general administrative expenses relating to services 
under this section;
		(2)  hold the funds in trust; or                                              
		(3)  apply the funds for a particular or more 
restricted purpose as required by law or the source of the funds.
	SECTION 3.  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.



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