By: West  S.B. No. 501
         (In the Senate - Filed February 1, 2011; February 17, 2011,
  read first time and referred to Committee on Health and Human
  Services; March 28, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 28, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 501 By:  West
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the disproportionality of certain groups in the
  juvenile justice, child welfare, health, and mental health systems
  and the disproportionality of the delivery of certain services in
  the education system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Human Resources Code, is amended by
  adding Chapter 2 to read as follows:
  CHAPTER 2. INTERAGENCY COUNCIL FOR ADDRESSING DISPROPORTIONALITY
         Sec. 2.001.  INTERAGENCY COUNCIL FOR ADDRESSING
  DISPROPORTIONALITY. The Interagency Council for Addressing
  Disproportionality is established to:
               (1)  examine the level of disproportionate involvement
  of children who are members of a racial or ethnic minority group at
  each stage in the juvenile justice, child welfare, and mental
  health systems, including:
                     (A)  the points of entry;
                     (B)  each point at which a treatment decision is
  made; and
                     (C)  the outcomes for the children exiting the
  systems;
               (2)  examine issues relating to the disproportionate
  delivery of various educational services to children who are
  members of a racial or ethnic minority group in the education
  system;
               (3)  make recommendations to:
                     (A)  reduce the involvement of children who are
  members of a racial or ethnic minority group in the juvenile
  justice, child welfare, and mental health systems; and
                     (B)  improve the children's success in the
  education system; and
               (4)  assist the Health and Human Services Commission in
  eliminating health and health access disparities in Texas among
  racial, multicultural, disadvantaged, ethnic, and regional
  populations.
         Sec. 2.002.  COMPOSITION OF COUNCIL; MEETINGS.  (a)  The
  council consists of:
               (1)  one representative from each of the following
  agencies appointed by the executive director, director, or
  commissioner of each agency:
                     (A)  the Texas Education Agency;
                     (B)  the Center for Elimination of
  Disproportionality and Disparities within the Health and Human
  Services Commission;
                     (C)  the Department of Assistive and
  Rehabilitative Services;
                     (D)  the Department of Aging and Disability
  Services;
                     (E)  the Department of State Health Services;
                     (F)  the Department of Family and Protective
  Services;
                     (G)  the Texas Youth Commission;
                     (H)  the Texas Juvenile Probation Commission;
                     (I)  the Health and Human Services Commission; and
                     (J)  the Office of Court Administration of the
  Texas Judicial System;
               (2)  one representative of the office of the attorney
  general appointed by the attorney general;
               (3)  one representative of the Permanent Judicial
  Commission for Children, Youth and Families appointed by the chair
  of the commission;
               (4)  one representative of a community-based
  organization that works with child welfare, juvenile justice,
  education, or children's mental health issues appointed by the
  executive commissioner of the Health and Human Services Commission;
               (5)  one representative of a faith-based community
  organization appointed by the executive commissioner of the Health
  and Human Services Commission;
               (6)  one person who is a former foster care youth
  appointed by the executive commissioner of the Health and Human
  Services Commission; and
               (7)  two representatives of the medical community
  appointed by the executive commissioner of the Health and Human
  Services Commission.
         (b)  A representative of an agency appointed to the council
  must have an overall understanding of the agency's mission and
  purpose and substantial experience and expertise relating to the
  administration of the agency's policies, programs, and activities.
         (c)  The representative from the Center for Elimination of
  Disproportionality and Disparities within the Health and Human
  Services Commission serves as the presiding officer of the council.
         (d)  A person who is appointed to the council must complete a
  cultural competency training program approved by the presiding
  officer of the council.
         (e)  The council shall meet at least quarterly.
         Sec. 2.003.  COUNCIL DUTIES IN PREPARATION OF REPORT. The
  council's duties include:
               (1)  reviewing the delivery of public and private child
  welfare, juvenile justice, and mental health services to evaluate
  the disproportionate rates of use of the services by children who
  are members of a racial or ethnic minority group;
               (2)  reviewing the delivery of public and private
  education services to determine which of those services are
  delivered disproportionately to children who are members of a
  racial or ethnic minority group;
               (3)  reviewing federal, state, and local funds
  appropriated to address the disproportionate use of children's
  services by children who are members of a racial or ethnic minority
  group;
               (4)  reviewing current best practice standards
  addressing the disproportionate use of children's services by
  children who are members of a racial or ethnic minority group;
               (5)  examining the qualifications and training of
  children's service providers and making recommendations for
  training curriculum and other necessary changes;
               (6)  recommending methods to improve use of available
  public and private funds to address the disproportionate use of
  children's services by children who are members of a racial or
  ethnic minority group;
               (7)  providing information concerning identified unmet
  children's service needs and providing recommendations concerning
  the development of resources to meet the identified needs;
               (8)  examining outcomes for children who are members of
  a racial or ethnic minority group who have exited or will exit the
  public and private child welfare, juvenile justice, mental health,
  and education systems;
               (9)  recommending administrative and legislative
  actions related to appropriate programs and services to reduce and
  eliminate disparities in the systems and improve the long-term
  outcomes for children who are members of a racial or ethnic minority
  group who are served by the systems; and
               (10)  preparing a report consisting of the council's
  findings and recommendations and the presentation of an
  implementation plan to address disproportionate representation of
  children who are members of a racial or ethnic minority group in the
  use of children's services.
         Sec. 2.004.  ADDITIONAL COUNCIL DUTIES. (a)  The council
  shall:
               (1)  investigate and report on issues related to health
  and health access disparities among racial, multicultural,
  disadvantaged, ethnic, and regional populations;
               (2)  develop short-term and long-term strategies to
  eliminate health and health access disparities among racial,
  multicultural, disadvantaged, ethnic, and regional populations;
               (3)  monitor the progress of each health and human
  services agency in eliminating health and health access
  disparities; and
               (4)  advise each health and human services agency on
  the implementation of any targeted programs or funding authorized
  by the legislature to address health and health access disparities.
         (b)  In performing the duties described by Subsection (a),
  the council shall consult with each health and human services
  agency, the Center for Elimination of Disproportionality and
  Disparities, and any other relevant division of the Health and
  Human Services Commission.
         (c)  If the council develops information in the course of
  performing its duties under this section, the council shall attach
  that information to the report required by Section 2.005.
         Sec. 2.005.  COUNCIL REPORT. Not later than December 1,
  2012, the council shall prepare and submit to the lieutenant
  governor, the speaker of the house of representatives, and the
  legislature a report containing the council's findings and
  recommendations for addressing the disproportionate representation
  of children who are members of a racial or ethnic minority group in
  the use of children's services and the council's recommendation as
  to whether to continue the council.
         Sec. 2.006.  REIMBURSEMENT FOR EXPENSES. A council member
  is not entitled to compensation but may be entitled to
  reimbursement for the member's travel expenses as provided by
  Chapter 660, Government Code, and the General Appropriations Act.
         Sec. 2.007.  APPLICABILITY OF OTHER LAW. Chapter 2110,
  Government Code, does not apply to the council.
         Sec. 2.008.  EXPIRATION OF CHAPTER. This chapter expires
  December 1, 2013.
         SECTION 2.  Chapter 107A, Health and Safety Code, is amended
  to read as follows:
  CHAPTER 107A.  CENTER FOR [OFFICE FOR THE] ELIMINATION OF
  DISPROPORTIONALITY AND [HEALTH] DISPARITIES
         Sec. 107A.001.  CENTER FOR [OFFICE FOR THE] ELIMINATION OF
  DISPROPORTIONALITY AND [HEALTH] DISPARITIES. The executive
  commissioner of the Health and Human Services Commission shall
  maintain a center for [an office for the] elimination of
  disproportionality and [health] disparities in the Health and Human
  Services Commission to:
               (1)  assume a leadership role in working or contracting
  with state and federal agencies, universities, private interest
  groups, communities, foundations, and offices of minority health to
  develop health initiatives to decrease or eliminate health and
  health access disparities among racial, multicultural,
  disadvantaged, ethnic, and regional populations, including
  appropriate language services; and
               (2)  maximize use of existing resources without
  duplicating existing efforts.
         Sec. 107A.002.  POWERS OF CENTER [OFFICE]. The center
  [office] may:
               (1)  provide a central information and referral source,
  including a clearinghouse for health disparities information, and
  serve as the primary state resource in coordinating, planning, and
  advocating access to health care services to eliminate health
  disparities in this state;
               (2)  coordinate conferences and other training
  opportunities to increase skills among state agencies and
  government staff in management and in the appreciation of cultural
  diversity;
               (3)  pursue and administer grant funds for innovative
  projects for communities, groups, and individuals;
               (4)  provide recommendations and training in improving
  minority recruitment in state agencies;
               (5)  publicize information regarding health
  disparities and minority health issues through the use of the
  media;
               (6)  network with existing minority organizations,
  community-based health groups, and statewide health coalitions;
               (7)  solicit, receive, and spend grants, gifts, and
  donations from public and private sources; and
               (8)  contract with public and private entities in the
  performance of its responsibilities.
         Sec. 107A.003.  FUNDING. The Health and Human Services
  Commission may distribute to the center [office] unobligated and
  unexpended appropriations to be used to carry out its powers.
         SECTION 3.  Chapter 107, Health and Safety Code, is
  repealed.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
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