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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing the Department of Assistive and |
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Rehabilitative Services and transferring its powers and duties to |
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the Department of Aging and Disability Services and the Department |
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of State Health Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.001(4), Government Code, is amended |
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to read as follows: |
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(4) "Health and human services agencies" includes the: |
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(A) Department of Aging and Disability Services; |
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(B) Department of State Health Services; and |
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(C) [Department of Assistive and Rehabilitative
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Services; and
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[(D)] Department of Family and Protective |
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Services. |
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SECTION 2. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.0712 to read as follows: |
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Sec. 1001.0712. GENERAL POWERS AND DUTIES OF DEPARTMENT |
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RELATED TO EARLY CHILDHOOD INTERVENTION SERVICES. The department |
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is responsible for administering human services programs regarding |
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early childhood intervention services. |
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SECTION 3. Section 161.071, Human Resources Code, is |
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amended to read as follows: |
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Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The |
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department is responsible for administering human services |
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programs for the aging and disabled, including: |
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(1) administering and coordinating programs to |
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provide community-based care and support services to promote |
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independent living for populations that would otherwise be |
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institutionalized; |
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(2) providing institutional care services, including |
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services through convalescent and nursing homes and related |
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institutions under Chapter 242, Health and Safety Code; |
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(3) providing and coordinating programs and services |
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for persons with disabilities, including programs for the |
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treatment, rehabilitation, or benefit of persons with |
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developmental disabilities or mental retardation or persons who are |
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blind, deaf, or hard of hearing; |
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(4) operating state facilities for the housing, |
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treatment, rehabilitation, or benefit of persons with |
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disabilities, including state schools for persons with mental |
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retardation; |
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(5) serving as the state unit on aging required by the |
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federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) |
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and its subsequent amendments, including performing the general |
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functions under Section 101.022 to ensure: |
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(A) implementation of the federal Older |
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Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its |
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subsequent amendments, including implementation of services and |
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volunteer opportunities under that Act for older residents of this |
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state through area agencies on aging; |
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(B) advocacy for residents of nursing facilities |
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through the office of the state long-term care ombudsman; |
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(C) fostering of the state and community |
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infrastructure and capacity to serve older residents of this state; |
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and |
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(D) availability of a comprehensive resource for |
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state government and the public on trends related to and services |
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and programs for an aging population; |
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(6) performing all licensing and enforcement |
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activities and functions related to long-term care facilities, |
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including licensing and enforcement activities related to |
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convalescent and nursing homes and related institutions under |
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Chapter 242, Health and Safety Code; |
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(7) performing all licensing and enforcement |
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activities related to assisted living facilities under Chapter 247, |
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Health and Safety Code; |
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(8) performing all licensing and enforcement |
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activities related to intermediate care facilities for persons with |
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mental retardation under Chapter 252, Health and Safety Code; |
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(9) performing all licensing and enforcement |
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activities and functions related to home and community support |
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services agencies under Chapter 142, Health and Safety Code; [and] |
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(10) serving as guardian of the person or estate, or |
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both, for an incapacitated individual as provided by Subchapter E |
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of this chapter and Chapter XIII, Texas Probate Code; and |
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(11) providing and coordinating programs for the |
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rehabilitation of persons with disabilities so that those persons |
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may prepare for and engage in a gainful occupation or achieve |
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maximum personal independence. |
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SECTION 4. Section 117.076, Human Resources Code, is |
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transferred to Subchapter D, Chapter 161, Human Resources Code, and |
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redesignated as Section 161.087, Human Resources Code, to read as |
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follows: |
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Sec. 161.087 [117.076]. INFORMATION REGARDING |
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VELOCARDIOFACIAL SYNDROME. (a) The commission shall ensure that |
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each health and human services agency that provides intervention |
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services to young children is provided with information developed |
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by the commission regarding velocardiofacial syndrome. |
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(b) Each health and human services agency described by |
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Subsection (a) shall provide the information regarding |
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velocardiofacial syndrome to appropriate health care coordinators |
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and therapists and to parents of a child who is known by the agency |
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to have at least two of the following conditions: |
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(1) hypotonicity; |
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(2) communication delay; |
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(3) articulation disorder; |
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(4) resonance disorder; |
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(5) nasal regurgitation during feeding as an infant |
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with no history of a cleft palate; |
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(6) recurrent ear infections as well as diagnosis of |
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cardiac anomaly, feeding disorder, cleft palate, or submucosal |
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cleft palate; or |
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(7) fine motor or gross motor skills delay. |
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(c) The commission shall develop the information required |
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under Subsection (a) using medically accurate, peer-reviewed |
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literature. The information must include: |
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(1) an explanation of velocardiofacial syndrome |
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symptoms, diagnosis, and treatment options; |
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(2) information on relevant state agency and nonprofit |
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resources, parent support groups, and available Medicaid waiver |
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programs; and |
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(3) a recommendation for follow-up with a health care |
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provider for evaluation of the underlying etiology and an |
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explanation that the existence of any of the conditions listed in |
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Subsection (b) will not necessarily result in a diagnosis of |
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velocardiofacial syndrome. |
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(d) The executive commissioner may adopt rules as necessary |
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to implement this section. |
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SECTION 5. The following provisions of the Human Resources |
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Code are repealed: |
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(1) the heading to Chapter 117; |
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(2) the heading to Subchapter D, Chapter 117; |
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(3) Subchapters A, B, and C, Chapter 117; and |
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(4) Sections 117.071, 117.072, 117.073, and 117.074. |
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SECTION 6. On the effective date of this Act, the Department |
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of Assistive and Rehabilitative Services is abolished. |
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SECTION 7. (a) On the effective date of this Act, the |
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following are transferred from the Department of Assistive and |
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Rehabilitative Services to the Department of State Health Services: |
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(1) the powers, duties, functions, programs, and |
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activities of the Department of Assistive and Rehabilitative |
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Services relating to the provision of early childhood intervention |
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services; |
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(2) all obligations and contracts of the Department of |
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Assistive and Rehabilitative Services that are related to a power, |
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duty, function, program, or activity transferred under this |
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subsection; |
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(3) all property and records in the custody of the |
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Department of Assistive and Rehabilitative Services that are |
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related to a power, duty, function, program, or activity |
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transferred under this subsection and all funds appropriated by the |
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legislature for that power, duty, function, program, or activity; |
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and |
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(4) all personnel of the Department of Assistive and |
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Rehabilitative Services whose functions predominantly involve |
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powers, duties, obligations, functions, and activities transferred |
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under this subsection. |
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(b) A rule or form adopted by the executive commissioner of |
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the Health and Human Services Commission or the Department of |
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Assistive and Rehabilitative Services, as applicable, that relates |
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to a power, duty, function, program, or activity transferred under |
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Subsection (a) of this section is a rule or form applicable to the |
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Department of State Health Services and remains in effect until |
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altered. |
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(c) A reference in law to the Department of Assistive and |
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Rehabilitative Services that relates to a power, duty, function, |
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program, or activity transferred under Subsection (a) of this |
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section means the Department of State Health Services. |
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SECTION 8. (a) On the effective date of this Act, the |
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following are transferred from the Department of Assistive and |
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Rehabilitative Services to the Department of Aging and Disability |
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Services: |
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(1) the powers, duties, functions, programs, and |
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activities of the Department of Assistive and Rehabilitative |
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Services relating to the provision of rehabilitation and related |
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services to persons who are blind, deaf, or hard of hearing and the |
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provision and coordination of programs for the rehabilitation of |
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persons with disabilities; |
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(2) all obligations and contracts of the Department of |
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Assistive and Rehabilitative Services that are related to a power, |
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duty, function, program, or activity transferred under this |
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subsection; |
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(3) all property and records in the custody of the |
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Department of Assistive and Rehabilitative Services that are |
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related to a power, duty, function, program, or activity |
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transferred under this subsection and all funds appropriated by the |
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legislature for that power, duty, function, program, or activity; |
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and |
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(4) all personnel of the Department of Assistive and |
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Rehabilitative Services whose functions predominantly involve |
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powers, duties, obligations, functions, and activities transferred |
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under this subsection. |
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(b) A rule or form adopted by the executive commissioner of |
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the Health and Human Services Commission or the Department of |
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Assistive and Rehabilitative Services, as applicable, that relates |
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to a power, duty, function, program, or activity transferred under |
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Subsection (a) of this section is a rule or form applicable to the |
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Department of Aging and Disability Services and remains in effect |
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until altered. |
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(c) A reference in law to the Department of Assistive and |
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Rehabilitative Services that relates to a power, duty, function, |
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program, or activity transferred under Subsection (a) of this |
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section means the Department of Aging and Disability Services. |
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SECTION 9. This Act takes effect September 1, 2012. |