80R7358 JTS-F
 
  By: Deshotel H.B. No. 2177
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to state coordination of transportation services for
certain clients of health and human services agencies.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 455.0015, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (e) to
read as follows:
       (c)  The [Texas Department of Health and the] Health and
Human Services Commission shall contract with the department for
the department to deliver [assume all responsibilities of the Texas
Department of Health and the Health and Human Services Commission
relating to the provision of] transportation services to [for]
clients of eligible programs. The department may not assume
responsibility for client case review, case management, or
coordination or authorization of benefits. Department employees
and contractors shall refer all inquiries concerning social service
program benefit coverage, program benefit authorization, or
program benefit coordination directly to the Health and Human
Services Commission or the Texas Workforce Commission, as
appropriate, for resolution. The department shall hold at least
one public hearing to solicit the views of the public concerning the
transition of transportation services to the department under this
subsection and shall meet with and consider the views of interested
persons, including persons representing transportation clients.
       (e)  A client of an eligible program administered by the
Health and Human Services Commission or the Texas Workforce
Commission must seek reimbursement or advance funding under that
program directly from the Health and Human Services Commission or
the Texas Workforce Commission, as appropriate, for costs related
to the provision of transportation services other than public
transportation services.
       SECTION 2.  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.
       SECTION 3.  Section 461.003(a), Transportation Code, is
amended to read as follows:
       (a)  The commission by rule may:
             (1)  subject to Section 455.0015, 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.
       SECTION 4.  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, 2007.