82R27495 EES-D

By: Nelson S.B. No. 71

(Raymond)

Substitute the following for S.B. No. 71: No.

A BILL TO BE ENTITLED

AN ACT

relating to certain reports submitted and analyses conducted regarding health and human services.

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

SECTION 1. Subsection (h), Section 264.701, Family Code, is amended to read as follows:

(h) The committee shall:

(1) develop and adopt policies and procedures governing the system each state agency uses to evaluate the effectiveness of programs to prevent or treat child abuse or neglect with which the agency contracts;

(2) develop and adopt standard definitions of "child abuse treatment" and "child abuse prevention" to be used in implementing and administering the evaluation system created under this subchapter;

(3) develop and adopt standard models and guidelines for prevention and treatment of child abuse to be used in implementing and administering the evaluation system created under this subchapter;

(4) develop and adopt, in cooperation with each affected state agency, a schedule for each agency's adoption and implementation of the committee's evaluation system that considers each agency's budget cycle;

(5) develop and adopt a standard report form and a reporting schedule for the affected agencies; and

(6) develop and adopt objective criteria by which the performance of child abuse programs may be measured after reports under this subchapter are submitted and evaluated[; and

[(7) report annually to the Board of Protective and Regulatory Services, governor, lieutenant governor, and speaker of the house of representatives on the results of the committee's evaluation process].

SECTION 2. The heading to Section 531.0274, Government Code, is amended to read as follows:

Sec. 531.0274. COORDINATION AND APPROVAL OF CASELOAD ESTIMATES[; REPORT].

SECTION 3. Subsection (b), Section 531.1235, Government Code, is amended to read as follows:

(b) The advisory board shall prepare a biennial [an annual] report with respect to the recommendations of the advisory board under Subsection (a). The advisory board shall file the report with the commission, the Department of Aging and Disability Services, the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 15 of each even-numbered year.

SECTION 4. Subsection (b), Section 531.124, Government Code, is amended to read as follows:

(b) The advisory board shall biennially [annually] review and comment on the minimum standards adopted under Section 111.041 and the plan implemented under Subsection (a) and shall include its conclusions in the report submitted under Section 531.1235.

SECTION 5. Subsection (b), Section 11.0045, Health and Safety Code, is amended to read as follows:

(b) The board shall publish the plan not later than September 1 of each even-numbered year. The board shall at a minimum:

(1) make the plan available on its generally accessible Internet site; and

(2) make printed copies of the plan available on request to members of the public[; and

[(3) send printed copies of the plan to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the committees of the senate and the house of representatives that have oversight responsibilities regarding the board and the department].

SECTION 6. The heading to Section 32.017, Health and Safety Code, is amended to read as follows:

Sec. 32.017. RECORDS [AND REVIEW].

SECTION 7. The heading to Section 36.012, Health and Safety Code, is amended to read as follows:

Sec. 36.012. RESEARCH[; REPORT TO LEGISLATURE].

SECTION 8. Subsection (a), Section 83.005, Health and Safety Code, is amended to read as follows:

(a) The identity of a veteran about whom a report has been made under Section 83.002 [or 83.004] may not be disclosed unless the veteran consents to the disclosure.

SECTION 9. Section 83.009, Health and Safety Code, is amended to read as follows:

Sec. 83.009. CERTAIN CASES EXCLUDED. Section [Sections] 83.002 does [and 83.004 do] not apply to veterans treated before January 1, 1982, for symptoms typical of a person who has been exposed to a chemical defoliant or herbicide or other causative agent, including Agent Orange.

SECTION 10. Subsection (c), Section 94.001, Health and Safety Code, is amended to read as follows:

(c) The department shall update the state plan developed under this section biennially [and shall, not later than October 1 of each even-numbered year, file the state plan with the governor, lieutenant governor, and speaker of the house of representatives].

SECTION 11. Subsection (h), Section 108.0065, Health and Safety Code, is amended to read as follows:

(h) The commission, using existing funds, may contract with an entity to comply with the requirements under Subsection [Subsections] (e) [and (f)].

SECTION 12. Subsection (g), Section 533.032, Health and Safety Code, is amended to read as follows:

(g) The department shall:

(1) attach the report [reports] required by Subsection [Subsections] (c) [and (e)] to the department's legislative appropriations request for each biennium;

(2) at the time the department presents its legislative appropriations request, present the report [reports] to the:

(A) governor;

(B) governor's budget office;

(C) lieutenant governor;

(D) speaker of the house of representatives;

(E) Legislative Budget Board; and

(F) Health and Human Services Commission; and

(3) update the department's long-range plan biennially and include the report [reports] in the plan.

SECTION 13. Subsection (a), Section 533.0415, Health and Safety Code, is amended to read as follows:

(a) The department, the Texas Department of Human Services, the Texas Youth Commission, the Texas Juvenile Probation Commission, and the Texas Education Agency by rule shall adopt a joint memorandum of understanding to develop interagency training for the staffs of the agencies involved in the functions of assessment, case planning, case management, and in-home or direct delivery of services to children, youth, and their families. The memorandum must:

(1) outline the responsibility of each agency in coordinating and developing a plan for interagency training on individualized assessment and effective intervention and treatment services for children and dysfunctional families; and

(2) provide for the establishment of an interagency task force to:

(A) develop a training program to include identified competencies, content, and hours for completion of the training with at least 20 hours of training required each year until the program is completed;

(B) design a plan for implementing the program, including regional site selection, frequency of training, and selection of experienced clinical public and private professionals or consultants to lead the training; and

(C) monitor, evaluate, and revise the training program, including the development of additional curricula based on future training needs identified by staff and professionals[; and

[(D) submit a report to the governor, lieutenant governor, and speaker of the house of representatives by October 15 of each even-numbered year].

SECTION 14. Subsection (d), Section 22.005, Human Resources Code, is amended to read as follows:

(d) With the approval of the comptroller, the department shall establish an internal accounting system, and the department's expenditures shall be allocated to the various funds according to the system. [At the end of each fiscal biennium the department shall report to the comptroller the amount of the unencumbered balances in each of the department's operating funds that belongs to the children's assistance fund and the medical assistance fund, and those unencumbered balances shall be returned to the appropriate special fund.]

SECTION 15. Subsection (d), Section 33.002, Human Resources Code, is amended to read as follows:

(d) The department shall continually monitor the expedited issuance of food stamp benefits to ensure that each region in the state complies with federal regulations and that those households eligible for expedited issuance are identified, processed, and certified within the timeframes prescribed within the federal regulations. [As soon as practicable after the end of each fiscal year, the department shall report to the Governor's Office of Budget and Planning, the Legislative Budget Board, the state auditor, and the department's board members regarding its monitoring of expedited issuance and the degree of compliance with federal regulations on a region-by-region basis. The department shall notify members of the legislature and the standing committees of the senate and house of representatives having primary jurisdiction over the department of the filing of the report.]

SECTION 16. Section 34.006, Human Resources Code, is amended to read as follows:

Sec. 34.006. STUDY. The Texas Workforce Commission, in collaboration with local workforce development boards and the appropriate standing committees of the senate and house of representatives, shall:

(1) study methods to improve the delivery of workforce services to persons residing in minimum service counties, as defined by the commission; and

(2) develop recommendations to improve the delivery of services described by Subdivision (1) [for inclusion in the report required by Section 34.007].

SECTION 17. Subsection (b), Section 52.001, Human Resources Code, is amended to read as follows:

(b) The [Consistent with the provisions of the Memorandum of Understanding on Family Planning Services required by Section 22.012, Human Resources Code, the] department shall:

(1) set guidelines for keeping statistical information on school age pregnancy and parenthood by agencies, organizations, and individuals so that the information may be evaluated and compared;

(2) collect information relating to school age pregnancy as considered necessary by the department, including information on educational programs provided in the public school system relating to family life education, abstinence from sex, and sexually transmitted diseases;

(3) serve as a statewide clearinghouse on information relating to school age pregnancy and education on abstinence from sex and make it available to the legislature, other state agencies, and private entities that are involved in preventing school age pregnancy, addressing the problems caused by school age pregnancy, or encouraging abstinence from sex;

(4) analyze and evaluate the data collected on and studies relating to school age pregnancy and make the analysis and information readily available to the legislature, relevant agencies, and the public; and

(5) make recommendations to the relevant state agencies or the legislature to prevent duplication of services[; and

[(6) submit a report each regular session to the legislature on the status of school age pregnancy programs in the state and the department's progress in meeting the requirements of this section].

SECTION 18. Section 131.005, Human Resources Code, is amended to read as follows:

Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health and human services agency that provides, purchases, or otherwise funds transportation services for clients shall:

(1) comply with the standardized system of reporting and accounting established by the office under Section 131.003(a)(3); and

(2) make any changes to agency data collection systems that are necessary to enable the agency to comply with the standardized system[; and

[(3) not later than August 31 of each year, submit to the office a report relating to transportation services that complies with the standardized system].

SECTION 19. Section 131.006, Human Resources Code, is amended to read as follows:

Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION PLAN. In order to implement the statewide coordination plan created by the office under Section 131.003(a)(2), the office shall:

(1) review rules, policies, contracts, grants, and funding mechanisms relating to transportation services of each health and human services agency that provides, purchases, or otherwise funds transportation services for clients to determine whether the rules, policies, contracts, grants, and funding mechanisms are consistent with the plan; and

(2) make recommendations for revisions to rules, policies, contracts, grants, and funding mechanisms determined under Subdivision (1) to be inconsistent with the plan[; and

[(3) not later than September 30 of each even-numbered year, submit a report by electronic mail and by hand delivery to the governor, the secretary of state, the Legislative Budget Board, and the commissioner relating to the results of the review conducted by the office under this section].

SECTION 20. Subsection (c), Section 264.205, Family Code, is repealed.

SECTION 21. The following provisions of the Government Code are repealed:

(1) Section 531.0243;

(2) Subsection (b), Section 531.0273;

(3) Subsections (c), (d), and (e), Section 531.0274;

(4) Section 531.029;

(5) Section 531.0311;

(6) Subsection (b), Section 531.056;

(7) Subsection (l), Section 531.070;

(8) Subsection (f), Section 531.110;

(9) Section 531.603;

(10) Section 752.005;

(11) Section 752.006; and

(12) Subchapter G, Chapter 531.

SECTION 22. The following provisions of the Health and Safety Code are repealed:

(1) Subsections (c), (d), and (e), Section 32.017;

(2) Subsection (b), Section 36.012;

(3) Subsection (e), Section 62.104;

(4) Section 83.004;

(5) Subsections (f) and (g), Section 108.0065;

(6) Section 121.0067;

(7) Subsection (i), Section 532.021;

(8) Subsections (e) and (f), Section 533.032;

(9) Subsection (e), Section 533.033;

(10) Section 533.036;

(11) Subsection (b), Section 533.049;

(12) Subsection (b), Section 533.050;

(13) Subsection (d), Section 534.022;

(14) Subsection (d), Section 571.0065; and

(15) Section 1001.031.

SECTION 23. The following provisions of the Human Resources Code are repealed:

(1) Subsection (b), Section 22.025;

(2) Subsection (c), Section 22.0255;

(3) Section 31.0034;

(4) Subsection (d), Section 31.0325;

(5) Subsection (s), Section 32.021;

(6) Subsection (d), Section 32.048;

(7) Subsection (d), Section 32.055;

(8) Section 32.257;

(9) Subsection (c), Section 33.0022;

(10) Section 34.007;

(11) Subsection (c), Section 52.001;

(12) Section 117.031; and

(13) Section 161.031.

SECTION 24. The following provisions of the Occupations Code are repealed:

(1) Section 505.207; and

(2) Section 603.157.

SECTION 25. Section 1.23, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, is repealed.

SECTION 26. This Act takes effect September 1, 2011.