83R9391 KKR-D
 
  By: West S.B. No. 1032
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to addressing disproportionality and disparities in the
  education, juvenile justice, child welfare, health, and mental
  health systems, the continuation and operation of the Interagency
  Council for Addressing Disproportionality, and the duties of the
  Center for Elimination of Disproportionality and Disparities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 107A, Health and Safety Code, is amended
  by adding Sections 107A.0021 and 107A.0022 and amending Section
  107A.003 to read as follows:
         Sec. 107A.0021.  DUTIES OF CENTER; REPORT.  (a)  The center
  shall:
               (1)  identify the social determinants and health
  conditions in most need of high-impact response to address
  disproportionality and disparities across health and human
  services agencies;
               (2)  monitor the implementation of plans to address
  health disparities across health and human services agencies;
               (3)  assist the Health and Human Services Commission
  and any other relevant health and human services, education,
  juvenile justice, child welfare, and mental health agencies in
  developing cross-systems performance measures aligned with the
  components of the Texas model for addressing disproportionality and
  disparities in the education, juvenile justice, child welfare,
  health, and mental health systems adopted under Section 2.003(b),
  Human Resources Code; and
               (4)  implement the Texas model for addressing
  disproportionality and disparities in the education, juvenile
  justice, child welfare, health, and mental health systems adopted
  under Section 2.003(b), Human Resources Code.
         (b)  Not later than July 1 of each year, the center shall
  submit a report to the executive commissioner of the Health and
  Human Services Commission detailing the center's findings and
  activities under Subsections (a)(1) and (2).
         Sec. 107A.0022.  CULTURAL AWARENESS. The center shall:
               (1)  advise each health and human services, education,
  juvenile justice, child welfare, and mental health agency on the
  implementation and delivery of cultural competency training to all
  service delivery staff, including persons providing service
  delivery under a single source continuum contract; and
               (2)  develop collaborative partnerships with community
  groups, agencies, faith-based organizations, and other community
  organizations to support the delivery of culturally competent
  services to children and families of every race and ethnicity.
         Sec. 107A.003.  FUNDING.  The Health and Human Services
  Commission may distribute to the center unobligated and unexpended
  appropriations to be used to carry out its powers and perform its
  duties.
         SECTION 2.  Section 2.002, Human Resources Code, is amended
  by amending Subsection (a) and adding Subsection (f) to read as
  follows:
         (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 Juvenile Justice Department [Youth
  Commission;
                     [(H)  the Texas Juvenile Probation Commission];
                     (H) [(I)]  the Health and Human Services
  Commission; and
                     (I) [(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)  four representatives [one representative] of the
  community appointed by the executive commissioner of the Health and
  Human Services Commission, including:
                     (A)  one person who works with a community-based
  organization that works with child welfare, juvenile justice,
  education, or children's mental health issues;
                     (B)  one person who is a former foster care youth;
  and
                     (C)  two persons who are current or former
  recipients of services provided by the child welfare, juvenile
  justice, education, or children's mental health systems [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 representative of the criminal justice
  division of the governor's office appointed by the governor;
               (7)  [one person who is a former foster care youth
  appointed by the executive commissioner of the Health and Human
  Services Commission; and]
               [(8)]  two representatives of the medical community
  appointed by the executive commissioner of the Health and Human
  Services Commission; and
               (8)  one representative of the business community
  appointed by the executive commissioner of the Health and Human
  Services Commission.
         (f)  A member of the council appointed under Subsection
  (a)(4), (5), (7), or (8) may not serve on the council for more than
  two years.
         SECTION 3.  Sections 2.003, 2.005, and 2.008, Human
  Resources Code, are amended to read as follows:
         Sec. 2.003.  COUNCIL DUTIES; TEXAS MODEL FOR ADDRESSING
  DISPROPORTIONALITY AND DISPARITIES [IN PREPARATION OF REPORT]. (a)  
  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 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; and
               (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].
         (b)  Based on its research and findings, the council shall
  develop and adopt a Texas model for addressing disproportionality
  and disparities in the education, juvenile justice, child welfare,
  health, and mental health systems to be implemented across the
  relevant state agencies.
         Sec. 2.005.  COUNCIL REPORT.  Not later than December 1,
  2014 [2012], the council shall prepare and submit to the lieutenant
  governor, the speaker of the house of representatives, and the
  legislature a report containing:
               (1)  the status of the implementation of the Texas
  model for addressing disproportionality and disparities in the
  education, juvenile justice, child welfare, health, and mental
  health systems adopted under Section 2.003(b); [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
               (2)  the council's recommendation as to whether to
  continue the council.
         Sec. 2.008.  EXPIRATION OF CHAPTER.  This chapter expires
  December 1, 2015 [2013].
         SECTION 4.  Section 2.004(c), Human Resources Code, is
  repealed.
         SECTION 5.  The Center for Elimination of Disproportionality
  and Disparities within the Health and Human Services Commission is
  not required to submit the initial report required under Section
  107A.0021(b), Health and Safety Code, as added by this Act, before
  July 1, 2014.
         SECTION 6.  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, 2013.