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Amend CSSB 10 (House committee printing) as follows:
(1) Add the following appropriately numbered SECTION to the
bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Section 531.0057 to read as follows:
Sec. 531.0057. PROVISION OF TRANSPORTATION SERVICES. (a)
Notwithstanding any other law, the commission shall provide
transportation services for clients of eligible programs.
(b) The commission:
(1) may contract with a public transportation
provider, as defined by Section 461.002, Transportation Code, a
private transportation provider, or a regional transportation
broker for the provision of public transportation services, as
defined by Section 461.002, Transportation Code, under this
section; and
(2) is not required to contract with the Texas
Department of Transportation for the provision of transportation
services for clients of eligible programs.
(b) Section 461.012(a), Health and Safety Code, is amended
to read as follows:
(a) The commission shall:
(1) provide for research and study of the problems of
chemical dependency in this state and seek to focus public
attention on those problems through public information and
education programs;
(2) plan, develop, coordinate, evaluate, and
implement constructive methods and programs for the prevention,
intervention, treatment, and rehabilitation of chemical dependency
in cooperation with federal and state agencies, local governments,
organizations, and persons, and provide technical assistance,
funds, and consultation services for statewide and community-based
services;
(3) cooperate with and enlist the assistance of:
(A) other state, federal, and local agencies;
(B) hospitals and clinics;
(C) public health, welfare, and criminal justice
system authorities;
(D) educational and medical agencies and
organizations; and
(E) other related public and private groups and
persons;
(4) expand chemical dependency services for children
when funds are available because of the long-term benefits of those
services to the state and its citizens;
(5) sponsor, promote, and conduct educational
programs on the prevention and treatment of chemical dependency,
and maintain a public information clearinghouse to purchase and
provide books, literature, audiovisuals, and other educational
material for the programs;
(6) sponsor, promote, and conduct training programs
for persons delivering prevention, intervention, treatment, and
rehabilitation services and for persons in the criminal justice
system or otherwise in a position to identify chemically dependent
persons and their families in need of service;
(7) require programs rendering services to chemically
dependent persons to safeguard those persons' legal rights of
citizenship and maintain the confidentiality of client records as
required by state and federal law;
(8) maximize the use of available funds for direct
services rather than administrative services;
(9) consistently monitor the expenditure of funds and
the provision of services by all grant and contract recipients to
assure that the services are effective and properly staffed and
meet the standards adopted under this chapter;
(10) make the monitoring reports prepared under
Subdivision (9) a matter of public record;
(11) license treatment facilities under Chapter 464;
(12) use funds appropriated to the commission to carry
out this chapter and maximize the overall state allotment of
federal funds;
(13) develop and implement policies that will provide
the public with a reasonable opportunity to appear before the
commission and to speak on any issue under the commission's
jurisdiction;
(14) establish minimum criteria that peer assistance
programs must meet to be governed by and entitled to the benefits of
a law that authorizes licensing and disciplinary authorities to
establish or approve peer assistance programs for impaired
professionals;
(15) adopt rules governing the functions of the
commission, including rules that prescribe the policies and
procedures followed by the commission in administering any
commission programs;
(16) plan, develop, coordinate, evaluate, and
implement constructive methods and programs to provide healthy
alternatives for youth at risk of selling controlled substances;
(17) submit to the federal government reports and
strategies necessary to comply with Section 1926 of the federal
Alcohol, Drug Abuse, and Mental Health Administration
Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
reports and strategies are to be coordinated with appropriate state
governmental entities; and
(18) regulate, coordinate, and provide training for
alcohol awareness courses required under Section 106.115,
Alcoholic Beverage Code, and may charge a fee for an activity
performed by the commission under this subdivision[; and
[(19) contract with the Texas Department of
Transportation for the Texas Department of Transportation to assume
all responsibilities of the commission relating to the provision of
transportation services for clients of eligible programs].
(c) Section 461.002, Transportation Code, is amended to
read as follows:
Sec. 461.002. DEFINITIONS. In this chapter:
(1) "Public transportation provider" means any entity
that provides public transportation services if it is a
governmental entity or if it receives funds [financial assistance]
from a governmental entity, whether state, local, or federal. The
term does not include private carriers that do not receive funds
[financial assistance] from a governmental entity. It also does
not include a person who provides intercity rail or bus service,
commercial air transportation, water transportation, or nonstop
service to or from a point located outside this state, unless, and
to the extent to which, the person receives funds from a
governmental entity for that service. If a person provides both
public transportation services and services that are not public
transportation services, that person is included within the term
only with regard to the provision of public transportation services
and to the extent of those public transportation services.
(2) "Public transportation services" means any
conveyance of passengers and their hand-carried baggage by a
governmental entity or by a private entity if the private entity
receives funds [financial assistance] for that conveyance from any
governmental entity. It does not include intercity rail or bus
service, commercial air transportation, water transportation, or
nonstop service to or from a point located outside this state,
unless, and to the extent to which, the person receives funds from a
governmental entity for that service.
(d) Section 461.003(a), Transportation Code, is amended to
read as follows:
(a) The commission by rule may:
(1) except as provided by Section 531.0057, Government
Code, require a state agency that is responsible for ensuring the
provision of public transportation services to contract with the
department for the department to assume the responsibilities of
that agency relating to the provision of public transportation
services; and
(2) require a public transportation provider to
provide detailed information on its provision of public
transportation services, including revenues, routes, maps,
categories of passengers served, number of passengers served, and
equipment use and condition.
(e) The following are repealed:
(1) Section 461.012(g), Health and Safety Code;
(2) Section 533.012(b), Health and Safety Code;
(3) Section 22.001(e), Human Resources Code;
(4) Section 40.002(f), Human Resources Code;
(5) Section 91.021(g), Human Resources Code;
(6) Section 101.0256(b), Human Resources Code;
(7) Section 111.0525(d), Human Resources Code; and
(8) Section 455.0015, Transportation Code.
(f) As soon as possible after the effective date of this
section, but not later than September 1, 2008, the Texas Department
of Transportation shall take all necessary actions to transfer the
provision of transportation services for clients of eligible health
and human services programs to the Health and Human Services
Commission. On the date the transfer occurs:
(1) all powers, duties, functions, activities,
rights, obligations, property, records, personnel, and
appropriated funds and other money of the department that the
department determines are related to the provision of those
transportation services are transferred to the Health and Human
Services Commission; and
(2) a reference in law to the department with respect
to the provision of those transportation services means the Health
and Human Services Commission.
(2) In SECTION 2 of the bill (page 5, line 9), strike "(a)".
(3) In the recital to SECTION 2(a) of the bill (page 5, line
10), strike "Sections 531.02413 and 531.02414" and substitute
"Section 531.02413".
(4) In SECTION 2(a) of the bill, strike added Section
531.02414, Government Code (page 6, line 26, through page 7, line
21).
(5) In SECTION 2 of the bill, strike Subsections (b), (c),
and (d) (page 7, line 22, through page 9, line 7).