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AN ACT
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relating to enhancing the health and human services integrated |
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eligibility and benefits determination system to meet the needs of |
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persons in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.019 to read as follows: |
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Sec. 531.019. SERVICES PROVIDED BY CONTRACTOR TO PERSONS |
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WITH LIMITED ENGLISH PROFICIENCY. (a) Each contract with the |
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commission or a health and human services agency that requires the |
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provision of call center services or written communications related |
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to call center services must include performance standards that |
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measure the effectiveness, promptness, and accuracy of the |
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contractor's oral and written communications with persons with |
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limited English proficiency. Each person who seeks to enter into a |
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contract described by this subsection shall include in the bid or |
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other applicable expression of interest for the contract a proposal |
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for providing call center services or written communications |
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related to call center services to persons with limited English |
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proficiency. |
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(b) The proposal required under Subsection (a) must include |
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a language access plan that describes how the contractor will |
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achieve any performance standards described in the request for |
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bids, proposals, or other applicable expressions of interest. The |
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plan must also describe how the contractor will: |
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(1) identify persons who need language assistance; |
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(2) provide language assistance measures, including |
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the translation of forms into languages other than English and the |
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provision of translators and interpreters; |
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(3) inform persons with limited English proficiency of |
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the language services available to them and how to obtain them; |
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(4) develop and implement qualifications for |
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bilingual staff; and |
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(5) monitor compliance with the language access plan. |
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(c) In determining which bid or other applicable expression |
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of interest offers the best value, the commission or a health and |
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human services agency, as applicable, shall evaluate the extent to |
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which the proposal for providing call center services or written |
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communications related to call center services in languages other |
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than English will provide meaningful access to the services for |
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persons with limited English proficiency. |
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(d) In determining the extent to which a proposal will |
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provide meaningful access under Subsection (c), the agency shall |
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consider: |
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(1) the language access plan developed under |
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Subsection (b); |
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(2) the number or proportion of persons with limited |
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English proficiency in the agency's eligible service population; |
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(3) the frequency with which persons with limited |
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English proficiency seek information regarding the agency's |
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programs; |
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(4) the importance of the services provided by the |
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agency's programs; and |
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(5) the resources available to the agency. |
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(e) The agency must avoid selecting a contractor that the |
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agency reasonably believes will: |
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(1) provide information in languages other than |
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English that is limited in scope; |
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(2) unreasonably delay the provision of information in |
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languages other than English; or |
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(3) provide program information, including forms, |
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notices, and correspondence, in English only. |
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(f) This section does not apply to 2-1-1 services provided |
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by the Texas Information and Referral Network. |
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SECTION 2. Chapter 531, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. MONITORING AND ENHANCEMENT OF HEALTH AND HUMAN |
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SERVICES INFORMATION TECHNOLOGY SYSTEMS |
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Sec. 531.451. DEFINITIONS. In this subchapter: |
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(1) "Committee" means the health and human services |
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eligibility system legislative oversight committee. |
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(2) "Eligibility system" means the following |
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information technology and data processing systems used in the |
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delivery of health and human services benefit programs: |
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(A) the Texas Integrated Eligibility Redesign |
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System (TIERS); |
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(B) the System of Application, Verification, |
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Eligibility, Referral, and Reporting (SAVERR); |
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(C) integration processes and practices that |
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facilitate interactions between the systems described by |
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Paragraphs (A) and (B) and allow for the exchange of information |
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between those systems; and |
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(D) delivery processes and practices that |
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directly leverage the systems described by Paragraphs (A) and (B) |
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and interact with applicants for and recipients of health and human |
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services program benefits. |
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(3) "Enhanced eligibility system" means the |
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eligibility system as modified to meet the goals described in |
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Section 531.452 in accordance with the transition plan developed |
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under Section 531.453. |
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(4) "Quality assurance team" means the quality |
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assurance team created under Section 2054.158. |
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Sec. 531.452. GOALS FOR ENHANCED ELIGIBILITY SYSTEM. The |
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enhanced eligibility system implemented under this subchapter must |
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be designed to achieve the following goals with respect to health |
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and human services programs in this state: |
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(1) increase the quality of and client access to |
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services provided through the programs; |
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(2) implement more efficient business processes that |
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will reduce processing times for applications for program benefits |
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and reduce staff workloads; |
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(3) implement simplified application and enrollment |
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processes for the programs in a manner that is consistent with |
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program goals established by the legislature; |
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(4) enhance the integrity of and reduce fraud in the |
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programs; and |
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(5) ensure compliance with applicable federal law, |
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including rules. |
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Sec. 531.453. ELIGIBILITY SYSTEM TRANSITION PLAN. (a) The |
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commission shall develop a transition plan under which the |
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eligibility system in existence on September 1, 2007, is |
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transformed and enhanced to be more fully functional relative to |
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the needs of eligible Texas residents and to meet the goals |
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described in Section 531.452 not later than January 1, 2009. The |
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commission shall include a timetable in the transition plan for |
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meeting specific goals with respect to achieving that |
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transformation. |
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(b) The transition plan must: |
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(1) include a description of the commission's |
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responsibilities with respect to and role in making the transition |
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from the eligibility system in existence on September 1, 2007, to |
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the enhanced eligibility system; |
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(2) specify the responsibilities and roles of persons |
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with whom the commission contracted before October 1, 2007, in |
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making that transition and implementing the enhanced eligibility |
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system; |
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(3) specify the responsibilities and roles of persons |
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with whom the commission contracts on or after October 1, 2007, in |
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making that transition and implementing the enhanced eligibility |
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system; and |
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(4) specify the steps the commission will take to |
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achieve the goals of the enhanced eligibility system as described |
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in Section 531.452. |
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(c) The commission shall make the transition plan available |
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to the public at a public hearing conducted by the committee not |
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later than October 15, 2007. |
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Sec. 531.454. ELIGIBILITY SYSTEM REVIEW DURING TRANSITION |
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PERIOD. (a) The state auditor's office shall establish, in |
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consultation with the Department of Information Resources, an |
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independent validation and verification program for the |
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eligibility system during the period of the transition plan |
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developed under Section 531.453. The state auditor's office shall |
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also coordinate and consult with the commission, including the |
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commission's office of inspector general, in establishing the |
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program. |
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(b) The independent validation and verification program |
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must allow for a determination of: |
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(1) whether the goals set by the commission in the |
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transition plan are being met in accordance with the timetable |
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required by Section 531.453(a); |
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(2) whether the eligibility system is progressing |
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toward becoming fully functional relative to the needs of eligible |
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Texas residents; |
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(3) what actions are necessary to achieve full |
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functionality of the eligibility system; |
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(4) whether the commission is making progress toward |
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meeting the goals of the enhanced eligibility system described in |
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Section 531.452; and |
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(5) what additional actions are necessary to achieve |
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the goals of the enhanced eligibility system. |
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(c) The state auditor's office shall present the proposed |
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independent validation and verification program to the committee |
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and seek the committee's recommendations for modifications to the |
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proposed program. The state auditor's office shall consider the |
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committee's recommendations and modify the proposed program as |
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necessary. |
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(d) The state auditor's office may: |
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(1) enter into a contract with a person to perform the |
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duties required of the office under Subsection (a), subject to the |
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requirements of Subsection (c); and |
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(2) enter into a contract with a person to implement |
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the independent validation and verification program, or may |
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implement the program using a contractor with which the commission |
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contracts as provided by Subsection (e). |
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(e) The commission may enter into a contract with a person |
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before September 1, 2007, to operate an independent validation and |
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verification program for the eligibility system. |
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(f) The quality assurance team shall establish a schedule |
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for periodic monitoring of the eligibility system during the period |
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of the transition plan developed under Section 531.453. |
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(g) The state auditor's office and the quality assurance |
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team shall share information as necessary to fulfill their |
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respective duties under this section. |
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Sec. 531.455. ENHANCED ELIGIBILITY SYSTEM AS MAJOR |
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INFORMATION RESOURCES PROJECT. The commission shall identify the |
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enhanced eligibility system as a major information resources |
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project, as defined by Section 2054.003(10), in the commission's |
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biennial operating plan. |
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Sec. 531.456. HEALTH AND HUMAN SERVICES ELIGIBILITY SYSTEM |
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LEGISLATIVE OVERSIGHT COMMITTEE. (a) The health and human |
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services eligibility system legislative oversight committee is |
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created to support the commission's implementation of the enhanced |
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eligibility system in a manner that maximizes the positive effects |
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of that implementation on the delivery of health and human services |
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in this state. |
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(b) The committee is composed of seven members, as follows: |
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(1) the presiding officer of the Senate Health and |
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Human Services Committee, or its successor; |
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(2) the presiding officer of the House Human Services |
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Committee, or its successor; |
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(3) two members of the senate, appointed by the |
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lieutenant governor; |
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(4) two members of the house of representatives, |
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appointed by the speaker of the house of representatives; and |
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(5) one additional member, appointed by the governor. |
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(c) The executive commissioner serves as an ex officio |
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member of the committee. |
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(d) A member of the committee appointed under Subsection |
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(b)(3), (4), or (5) serves at the will of the appointing official. |
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(e) The lieutenant governor shall designate one committee |
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member to serve as a joint presiding officer of the committee, and |
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the speaker of the house of representatives shall designate another |
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committee member to serve as the other joint presiding officer. |
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(f) The committee meets at the call of a joint presiding |
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officer. |
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(g) A committee member may not receive compensation for |
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serving on the committee, but is entitled to reimbursement for |
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expenses incurred by the member while conducting the business of |
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the committee as provided by the General Appropriations Act. |
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Sec. 531.457. DUTIES OF COMMITTEE. The committee shall: |
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(1) conduct a public hearing at least once every four |
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months; |
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(2) review information with respect to the transition |
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plan developed under Section 531.453, and the progress made in |
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implementing that plan, including whether the eligibility system is |
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progressing toward achieving full functionality and meeting the |
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goals described in Section 531.452; |
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(3) review recommendations made by the commission, the |
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state auditor's office, and the quality assurance team regarding |
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actions necessary to make a component of the eligibility system |
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that is not fully functional achieve that functionality; |
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(4) not later than December 1, 2008, make |
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recommendations to the legislature regarding any legislative |
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action necessary to support the implementation of the enhanced |
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eligibility system in a manner that maximizes the positive effects |
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of that implementation on the delivery of health and human services |
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in this state; and |
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(5) after implementation of the enhanced eligibility |
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system, monitor and regularly report to the legislature on the |
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effectiveness and efficiency of that system. |
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Sec. 531.458. EXPIRATION. This subchapter expires |
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September 1, 2011. |
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SECTION 3. (a) In this section, "commission" and "health |
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and human services agencies" have the meanings assigned by Section |
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531.001, Government Code. |
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(b) Section 531.019, Government Code, as added by this Act, |
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applies only to a contract for which the commission or a health and |
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human services agency first advertises or otherwise solicits bids, |
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proposals, offers, or qualifications, as applicable, on or after |
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September 1, 2007. |
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SECTION 4. Not later than September 1, 2007, the governor, |
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the lieutenant governor, and the speaker of the house of |
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representatives shall appoint the members of the health and human |
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services eligibility system legislative oversight committee as |
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required by Section 531.456, Government Code, as added by this Act. |
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SECTION 5. Not later than October 15, 2007, the health and |
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human services eligibility system legislative oversight committee |
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shall conduct the first public hearing required by Section 531.457, |
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Government Code, as added by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3575 was passed by the House on May |
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11, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3575 on May 25, 2007, by the following vote: Yeas 136, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3575 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |