81R10215 CS-D

By: Castro H.B. No. 4373

A BILL TO BE ENTITLED

AN ACT

relating to the independent office of consumer affairs for the Department of Family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle D, Title 2, Human Resources Code, is amended by adding Chapter 41 to read as follows:

CHAPTER 41. INDEPENDENT OFFICE OF CONSUMER AFFAIRS FOR THE

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 41.001. DEFINITIONS. In this chapter:

(1) "Director" means the director of the independent office of consumer affairs created under this chapter.

(2) "Office" means the independent office of consumer affairs for the Department of Family and Protective Services created under this chapter.

Sec. 41.002. ESTABLISHMENT; PURPOSE. The independent office of consumer affairs for the Department of Family and Protective Services is a state agency established for the purpose of investigating, evaluating, and securing the rights of the children and families receiving child protection or child welfare services from the department.

Sec. 41.003. INDEPENDENCE. (a) The office in the performance of its duties and powers under this chapter acts independently of the commission and the department.

(b) Funding for the office is appropriated separately from funding for the commission and the department.

[Sections 41.004-41.050 reserved for expansion]

SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE

Sec. 41.051. APPOINTMENT BY GOVERNOR. (a) The governor shall appoint the director of the office with the advice and consent of the senate for a term of two years, expiring February 1 of odd-numbered years.

(b) A person appointed as director of the office is eligible for reappointment.

Sec. 41.052. ASSISTANTS. The director may hire assistants to perform, under the direction of the director, the same duties and exercise the same powers as the director.

Sec. 41.053. CONFLICT OF INTEREST. (a) A person may not serve as director or as an assistant to the director if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization receiving funds from the commission or department;

(2) owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the commission or department; or

(3) uses or receives any amount of tangible goods, services, or funds from the commission or department.

(b) A person may not serve as director or as an assistant to the director if the person or the person's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.

Sec. 41.054. SUNSET PROVISION. The office is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The office shall be reviewed during the periods in which state agencies abolished in 2011 and every 12th year after 2011 are reviewed.

Sec. 41.055. REPORT. The director shall submit on a quarterly basis to the governor, the lieutenant governor, and each member of the legislature a report that describes:

(1) the work of the office;

(2) the results of any review or investigation undertaken by the office, including reviews or investigation of services contracted by the commission; and

(3) any recommendations that the director has in relation to the duties of the office.

Sec. 41.056. COMMUNICATION AND CONFIDENTIALITY. The name, address, or other personally identifiable information of a person who files a complaint with the office, information generated by the office in the course of an investigation, and confidential records obtained by the office are confidential and not subject to disclosure under Chapter 552, Government Code, except that the information and records, other than confidential information and records concerning a pending law enforcement investigation or criminal action, may be disclosed to the appropriate person if the office determines that disclosure is:

(1) in the general public interest;

(2) necessary to enable the office to perform the responsibilities provided under this section; or

(3) necessary to identify, prevent, or treat the abuse or neglect of a child.

Sec. 41.057. PROMOTION OF AWARENESS OF OFFICE. The office shall promote awareness among the public and the children and families receiving services from the department of:

(1) how the office may be contacted;

(2) the purpose of the office; and

(3) the services the office provides.

Sec. 41.058. RULEMAKING AUTHORITY. The office by rule shall establish policies and procedures for the operations of the office.

Sec. 41.059. AUTHORITY OF STATE AUDITOR. The office is subject to audit by the state auditor in accordance with Chapter 321, Government Code.

[Sections 41.060-41.100 reserved for expansion]

SUBCHAPTER C. DUTIES AND POWERS

Sec. 41.101. DUTIES AND POWERS. (a) The office shall:

(1) review the procedures established by the department and evaluate the delivery of services to children and families to ensure that the rights of individuals receiving services are fully observed;

(2) review complaints filed with the office concerning the actions of the department and investigate each complaint in which it appears that an individual may be in need of assistance from the office;

(3) conduct investigations of complaints, other than complaints alleging criminal behavior, if the office determines that:

(A) a child or the child's family may be in need of assistance from the office; or

(B) a systemic issue in the department's provision of services is raised by a complaint;

(4) provide assistance to a child or family who the office determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the child or family; and

(5) make appropriate referrals under any of the duties and powers listed in this subsection.

(b) To assess if an individual's rights have been violated, the office may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, child, parent, expert, or any other individual in the course of its investigation or to secure information.

(c) Notwithstanding any other provision of this chapter, the office may not investigate alleged criminal behavior.

Sec. 41.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH OFFICE. The commission and the department may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office or cooperates with the office in an investigation.

Sec. 41.103. TRAINING. The director or the director's designee may participate in appropriate professional training.

[Sections 41.104-41.150 reserved for expansion]

SUBCHAPTER D. ACCESS TO INFORMATION

Sec. 41.151. ACCESS TO INFORMATION OF GOVERNMENTAL ENTITIES. The commission and the department shall allow the office access to its records relating to the individuals receiving services from the department.

SECTION 2. As soon as practicable after the effective date of this Act, the governor shall appoint the director of the independent office of consumer affairs for the Department of Family and Protective Services as required by Section 41.051, Human Resources Code, as added by this Act, for a term expiring February 1, 2011.

SECTION 3. On the effective date of this Act:

(1) all functions and activities performed by, and all records and property of, the center for consumer affairs of the Department of Family and Protective Services are transferred to the independent office of consumer affairs for that department as established under Chapter 41, Human Resources Code, as added by this Act;

(2) a reference in law to the center for consumer affairs of the Department of Family and Protective Services is a reference to the independent office of consumer affairs for that department as established under Chapter 41, Human Resources Code, as added by this Act; and

(3) an investigation being conducted by the center for consumer affairs of the Department of Family and Protective Services is transferred to and considered an investigation of the independent office of consumer affairs for that department as established under Chapter 41, Human Resources Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2009.