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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters related to health and human |
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services and state agencies administering health and human services |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES AND |
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COST-SAVING MEASURES GENERALLY |
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SECTION 1.01. This article applies to any state agency that |
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receives an appropriation under Article II of the General |
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Appropriations Act and to any program administered by any of those |
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agencies. |
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SECTION 1.02. Notwithstanding any other statute of this |
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state, each state agency to which this article applies is |
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authorized to reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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agency is required to make and filing or delivering any of those |
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reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
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permit, or registration the agency grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the agency's |
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duties; |
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(4) adopting additional eligibility requirements |
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consistent with federal law for persons who receive benefits under |
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any law the agency administers to ensure that those benefits are |
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received by the most deserving persons consistent with the purposes |
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for which the benefits are provided, including under the following |
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laws: |
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(A) Chapter 62, Health and Safety Code (child |
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health plan program); |
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(B) Chapter 31, Human Resources Code (temporary |
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assistance for needy families program); |
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(C) Chapter 32, Human Resources Code (Medicaid |
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program); |
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(D) Chapter 33, Human Resources Code |
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(supplemental nutrition assistance and other nutritional |
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assistance programs); and |
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(E) Chapter 533, Government Code (Medicaid |
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managed care); |
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(5) providing that any communication between the |
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agency and another person and any document required to be delivered |
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to or by the agency, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; |
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(6) adopting and collecting fees or charges to cover |
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any costs the agency incurs in performing its lawful functions; and |
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(7) modifying and streamlining processes used in: |
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(A) the conduct of eligibility determinations |
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for programs listed in Subdivision (4) of this subsection by or |
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under the direction of the Health and Human Services Commission; |
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(B) the provision of child and adult protective |
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services by the Department of Family and Protective Services; |
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(C) the provision of services for the aging and |
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disabled by the Department of Aging and Disability Services; |
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(D) the provision of services to children and |
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other persons with disabilities by the Department of Assistive and |
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Rehabilitative Services; |
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(E) the provision of community health services, |
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consumer protection services, mental health services, and hospital |
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facilities and services by the Department of State Health Services; |
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and |
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(F) the provision or administration of other |
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services provided or programs operated by the Health and Human |
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Services Commission or a health and human services agency, as |
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defined by Section 531.001, Government Code. |
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ARTICLE 2. FEES ASSESSED BY CERTAIN HEALTH AND HUMAN SERVICES |
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AGENCIES FOR LICENSING, REGISTRATION, AND OTHER SERVICES |
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SECTION 2.01. Section 12.0111, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Notwithstanding any other provision of law that places a |
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limit on the amount of a fee that the department or a regulatory |
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board or other agency under the jurisdiction of the department or |
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administratively attached to the department may charge for issuing |
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or renewing a license, the executive commissioner of the Health and |
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Human Services Commission, on or after September 1, 2011, may adopt |
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rules increasing fees for issuing or renewing a license by up to |
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five percent above the amount assessed immediately before September |
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1, 2011. |
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SECTION 2.02. Section 12.032, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsection (f) to |
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read as follows: |
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(c) A [The amount of a] fee charged for a public health |
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service must be set in an amount necessary to recover, at a minimum, |
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all costs [may not exceed the cost] to the department of |
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administering [providing] the service. |
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(f) Notwithstanding any other provision of law that places a |
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limit on the amount of a fee charged for a public health service, |
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the executive commissioner of the Health and Human Services |
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Commission, on or after September 1, 2011, may adopt rules |
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increasing fees for public health services administered by the |
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department by up to 12 percent above the amount assessed |
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immediately before September 1, 2011. |
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SECTION 2.03. Subsections (a) through (e), Section 42.054, |
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Human Resources Code, are amended to read as follows: |
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(a) The department shall charge an applicant a |
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nonrefundable application fee of $105 [$35] for an initial license |
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to operate a child-care facility or a child-placing agency. |
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(b) The department shall charge each child-care facility a |
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fee of $105 [$35] for an initial license. The department shall |
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charge each child-placing agency a fee of $150 [$50] for an initial |
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license. |
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(c) The department shall charge each licensed child-care |
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facility an annual license fee in the amount of $105 [$35] plus $3 |
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[$1] for each child the child-care facility is permitted to serve. |
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The fee is due on the date on which the department issues the |
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child-care facility's initial license and on the anniversary of |
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that date. |
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(d) The department shall charge each licensed child-placing |
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agency an annual license fee of $300 [$100]. The fee is due on the |
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date on which the department issues the child-placing agency's |
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initial license and on the anniversary of that date. |
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(e) The department shall charge each family home that is |
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listed or registered with the department an annual fee to cover a |
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part of the department's cost in regulating family homes. The |
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amount of the fee is $60 [$20] for a listed home or $105 [$35] for a |
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registered home. The fee is due on the date on which the department |
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initially lists or registers the home and on the anniversary of that |
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date. |
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SECTION 2.04. Section 42.054, Human Resources Code, as |
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amended by this article, applies to an application filed with the |
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Department of Family and Protective Services, or an initial or |
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annual license fee assessed by the department, on or after the |
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effective date of this Act. An application filed or a licensing fee |
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assessed before that date is governed by the law in effect on the |
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date the application was filed or the licensing fee was assessed, |
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and the former law is continued in effect for that purpose. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. This Act takes effect September 1, 2011. |
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