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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Council on Children and Families and |
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the Children's Behavioral Health Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 531, Government Code, is |
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amended by adding Section 531.425 to read as follows: |
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Sec. 531.425. CHILDREN'S BEHAVIORAL HEALTH COUNCIL. |
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(a) The Children's Behavioral Health Council is established to |
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provide a coordinated, comprehensive, interagency approach to the |
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development and delivery of behavioral health services to children. |
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(b) The council is composed of: |
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(1) one representative with decision-making authority |
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from each of the following state agencies, appointed by the chief |
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administrative officer of the respective agency: |
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(A) the Health and Human Services Commission; |
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(B) the Department of State Health Services; |
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(C) the Department of Family and Protective |
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Services; |
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(D) the Department of Assistive and |
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Rehabilitative Services; |
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(E) the Department of Aging and Disability |
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Services; |
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(F) the Texas Education Agency; |
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(G) the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments; |
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(H) the Texas Juvenile Probation Commission; and |
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(I) the Texas Youth Commission; and |
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(2) an equal number of representatives of the public |
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appointed by the executive commissioner, including: |
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(A) representatives of: |
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(i) children's mental health advocacy |
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groups; |
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(ii) organizations with expertise in |
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behavioral health issues involving children; |
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(iii) health benefit plan issuers in this |
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state; and |
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(iv) providers of community-based |
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children's mental health services, including local mental health |
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authorities; and |
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(B) at least five representatives who are family |
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members of a child with a mental health disorder. |
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(c) The members of the council annually shall elect one |
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agency representative and one public representative to serve as |
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co-chairs. |
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(d) The council shall: |
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(1) develop and implement coordinated state policies |
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to improve the behavioral health of children; |
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(2) develop a coordinated system for planning and |
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budgeting that establishes priorities and strategies for the |
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coordinated delivery of behavioral health services to children; |
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(3) develop a coordinated system to track and report |
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spending on behavioral health services for children by agencies |
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represented by a member of the council; |
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(4) oversee the administration of state grants for |
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development of local systems of care services by the consortium |
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established under Subchapter G-1; |
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(5) develop a plan to support the statewide expansion |
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of local systems of care services; |
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(6) ensure a central role for the local mental health |
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authority in the expansion and operation of the local systems of |
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care; |
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(7) provide technical assistance and training to local |
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providers of systems of care services; |
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(8) design an integrated funding structure for the |
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provision of behavioral health services for children; |
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(9) assess the provision of behavioral health services |
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to children to eliminate duplication of efforts and identify |
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opportunities to consolidate those efforts; |
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(10) oversee the work of community resource |
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coordination groups under this subchapter, including through the |
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consideration of reports created by those groups under this |
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subchapter; |
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(11) assist the Mental Health Transformation |
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Workgroup in fulfilling the workgroup's responsibilities regarding |
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children's mental health services and coordinate the council's |
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activities with the workgroup; and |
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(12) assist the Council on Children and Families in |
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fulfilling that council's duties and coordinate activities with |
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that council. |
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(e) The council shall meet at least every other month to |
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fulfill the council's duties under this subchapter and other law. |
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(f) The council is administratively attached to the |
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commission. The commission, through the commission's Office of |
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Program Coordination for Children and Youth, shall provide |
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administrative support and resources to the council as necessary to |
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enable the council to perform its duties. |
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(g) The council is not subject to Chapter 2110. |
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SECTION 2. Chapter 531, Government Code, is amended by |
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adding Subchapter T to read as follows: |
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SUBCHAPTER T. COUNCIL ON CHILDREN AND FAMILIES |
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Sec. 531.801. DEFINITION. In this subchapter, "council" |
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means the Council on Children and Families. |
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Sec. 531.802. COUNCIL ON CHILDREN AND FAMILIES. (a) The |
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Council on Children and Families is established to: |
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(1) coordinate the state's health, education, and |
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human services systems to ensure that all children and families |
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have access to needed services; |
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(2) improve coordination and efficiency in state |
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agencies, advisory councils on issues affecting children, and local |
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levels of service; |
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(3) prioritize and mobilize resources for children; |
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and |
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(4) facilitate an integrated approach to providing |
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services for children and youth. |
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(b) The council shall: |
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(1) promote a common vision of desired outcomes for |
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children and youth and of family and community supports; |
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(2) promote shared accountability for outcomes for |
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children and youth; and |
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(3) align allocations of resources with policies for |
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children and youth. |
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(c) Subject to Subsection (d), the council is composed of |
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the following: |
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(1) the executive commissioner; |
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(2) the commissioner of state health services; |
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(3) the commissioner of the Department of Family and |
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Protective Services; |
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(4) the commissioner of aging and disability services; |
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(5) the commissioner of assistive and rehabilitative |
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services; |
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(6) the commissioner of education; |
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(7) the executive director of the Texas Juvenile |
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Probation Commission; |
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(8) the executive commissioner of the Texas Youth |
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Commission; |
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(9) the executive director of the Texas Workforce |
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Commission; |
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(10) the director of the Texas Correctional Office on |
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Offenders with Medical or Mental Impairments; |
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(11) two public representatives who are parents of |
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children who have received services from an agency represented on |
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the council, appointed by the executive commissioner; and |
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(12) two representatives who are young adults or |
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adolescents who have received services from an agency represented |
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on the council, appointed by the executive commissioner. |
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(d) An individual listed in Subsections (c)(1)-(10) may |
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designate another individual as having authority to act on behalf |
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of the individual at council meetings and with respect to council |
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functions. |
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(e) The members of the council annually shall elect one |
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member to serve as the presiding officer. |
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(f) Council meetings are held at the call of the presiding |
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officer. |
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(g) The council is administratively attached to the |
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commission but is independent of direction by the commission or the |
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executive commissioner. The commission, through the commission's |
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Office of Program Coordination for Children and Youth, shall |
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provide administrative support and resources to the council as |
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necessary to enable the council to perform its duties. |
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(h) The agencies represented on the council shall provide |
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periodic staff support of specialists as needed to the council. |
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(i) The council is not subject to Chapter 2110. |
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Sec. 531.803. DUTIES. (a) The council shall: |
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(1) analyze the biennial legislative appropriations |
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requests of members of the council for services provided to |
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children and their families and identify appropriations that, |
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through the coordination of members of the council, could be |
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modified in the next legislative appropriation request to eliminate |
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waste or increase available services and, not later than May 1 of |
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each even-numbered year, prepare a report recommending those |
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modifications for consideration during the development of the next |
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biennial legislative appropriations request; |
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(2) investigate opportunities to increase flexible |
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funding for health, education, and human services provided to |
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children and their families; |
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(3) identify methods to remove barriers to local |
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coordination of health, education, and human services provided to |
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children and their families; |
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(4) identify methods to ensure that all children and |
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youth receive appropriate assessment, diagnoses, and intervention |
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services; |
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(5) develop methods to prevent unnecessary parental |
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relinquishment of custody of children; |
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(6) prioritize assisting children in family settings |
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rather than institutional settings; and |
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(7) make recommendations about family involvement in |
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the provision and planning of health, education, and human services |
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for a child, including family partner and liaison models. |
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(b) The state agency members of the council may, as |
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appropriate, enter into memoranda of understanding with other |
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agencies to implement any method, process, policy, or |
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recommendation identified or developed under Subsection (a). |
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Before a method, process, policy, or recommendation is implemented, |
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the council shall: |
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(1) identify: |
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(A) the timeline and proposed outcome of |
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implementing the method, process, policy, or recommendation; and |
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(B) benchmarks that may be used to measure the |
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success of the implementation of the method, process, policy, or |
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recommendation; and |
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(2) assign to the appropriate members of the council |
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responsibility for implementing the method, process, policy, or |
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recommendation. |
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(c) The council may collect data necessary to conduct the |
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council's duties or implement the council's recommendations and |
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shall use any reports or information produced by other entities |
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related to children, youth, and families to inform the council. |
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Sec. 531.804. REPORT BY COUNCIL REGARDING CHILD WELFARE. |
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Not later than December 1 of each even-numbered year, the council |
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shall submit a report to the governor, lieutenant governor, speaker |
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of the house of representatives, and members of the legislature |
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that contains: |
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(1) the requests, plans, and recommendations of the |
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council, including recommendations of any legislation that is |
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needed to further develop and maintain a statewide system of |
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quality health, education, and human services for children and |
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families; and |
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(2) information regarding the implementation by the |
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members of the council of any method, process, policy, or |
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recommendation, including information regarding whether the |
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implementation has proceeded in accordance with the timeline, |
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outcome, and benchmarks identified by the council. |
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Sec. 531.805. SUNSET PROVISION. The Council on Children |
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and Families is subject to Chapter 325 (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the council is |
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abolished and this subchapter expires September 1, 2019. |
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SECTION 3. (a) Not later than October 1, 2009, the chief |
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administrative officer of each agency listed in Section 531.425(b), |
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Government Code, as added by this Act, shall appoint the agency's |
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representative to the Children's Behavioral Health Council |
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established by that section. |
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(b) Not later than October 1, 2009, the executive |
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commissioner of the Health and Human Services Commission shall |
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appoint the public members of the Children's Behavioral Health |
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Council established by Section 531.425, Government Code, as added |
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by this Act. |
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(c) The Council on Children and Families established by |
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Section 531.802, Government Code, as added by this Act, shall |
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convene its initial meeting not later than October 1, 2009. |
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SECTION 4. 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, 2009. |