BILL ANALYSIS

 

 

 

S.B. 219

By: Schwertner

Human Services

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In 2003, H.B. 2292 reorganized the health and human services system in Texas, consolidating 12 health and humans services agencies into the five agencies currently in operation today: the Health and Human Services Commission (HHSC), the Department of Aging and Disability Services, Department of Assistive and Rehabilitative Services, Department of Family and Protective Services, and Department of State Health Services.

 

The legislation required HHSC to develop a specific work plan to accomplish the transition that included a planning phase, an integration phase, an optimization phase, and a transformation phase. The phases of the plan were meant to allow the new agencies to continue adjusting systems and organizational arrangements while working toward the ultimate goal of a single system of integrated services working as a unified whole. To guide this massive transition, the bill provided for a seven-member oversight committee charged with approving HHSC's transition plan, which was required to be developed by December 1, 2003. As a result, the newly formed health and human services system was in place a little over one year after enactment of H.B. 2292.

 

Currently, many Texas statutes relating to the provision and administration of health and human services are out of date. Across the codes, portions of law exist that do not reflect the rulemaking authority of the executive commissioner of the Health and Human Services Commission. Other provisions contain references to outdated or expired entities or fail to reflect the transfer of duties and responsibilities to the appropriate legacy agency. Some sections contain terminology that has been recognized as offensive or insensitive. Finally, several sections have become obsolete due to subsequently enacted laws or incorrectly reflect current practices with regard to the imposition, collection, and disposition of certain fees and interest.

 

It has been noted that, since the 1990s, the laws governing the health and human services agencies have been increasingly difficult for the people of Texas to understand. Lawmakers have also faced difficulty in attempting to write new laws based on existing statutes relating to health and human services because of this outdated language. Legislative drafters have tried to write around these issues by using passive language, adding definitions, and referring to portions of existing law that should have been located in the code but are instead available only through the state's online statute database. There is concern that these laws will become incomprehensible without prompt action from state legislators.

 

S.B. 219 seeks to clarify and update the health and human services statutes to accurately reflect the mandates of H.B. 2292, to make the law more understandable and accessible for everyone, including stakeholders and the public, and to allow lawmakers to focus on making the vital policy changes that are needed to improve the provision of health and human services in Texas.

 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. However, the bill amends statute in three ways to reflect the rulemaking authority granted to the executive commissioner of the Health and Human Services Commission in Section 531.0055, Government Code, as amended by Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003. First, incorrect references to former boards or departments having rulemaking authority are conformed to the rulemaking provision in 531.0055, Government Code, as added by H.B. 2292, by replacing a reference to such an entity with a reference to the executive commissioner. Second, new language is added to the enabling statutes of the health and human services agencies to reflect the relationship between the executive commissioner and those agencies. Third, reference to fees and statutory directives being adopted in rule are added to statute to reflect the Administrative Procedure Act requirement that such agency policies be adopted by rule. It is the committee's opinion that these amendments do not confer additional rulemaking authority.

 

ANALYSIS

 

S.B. 219 amends provisions of the Family Code, Government Code, Health and Safety Code, Human Resources Code, and Occupations Code relating to the provision of health and human services. The bill provides statutory language to reflect current health and human services agency functions and practices and repeals obsolete, duplicative, or superseded provisions of law. The bill replaces references to an abolished or obsolete state agency, program, or officer with references to the appropriate legacy agency, program, or officer. The bill conforms statutory language to person-first respectful language requirements, including replacing references to an intermediate care facility for the mentally retarded (ICF-MR) with references to an intermediate care facility for individuals with an intellectual or developmental disability (ICF-IID). The bill sets out the rulemaking process for the state's health and human services agencies, amends statutory language to reflect the rulemaking authority granted to the executive commissioner of the Health and Human Services Commission in Section 531.0055, Government Code, as amended by Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and conforms statutory provisions to reflect the rulemaking requirements of the Administrative Procedure Act. The bill conforms statutory language, including language relating to certain administrative duties of the executive commissioner and of a health and human services agency or officer to previously enacted legislation and certain bill drafting conventions. 

 

Article 1. Family Code

 

S.B. 219 amends Family Code provisions relating to juvenile justice proceedings concerning children with mental illness or intellectual disability to reflect the transfer of the powers and duties of the former Texas Department of Mental Health and Mental Retardation to the Department of State Health Services and the Department of Aging and Disability Services. The bill provides rulemaking procedures for the executive commissioner of the Health and Human Services Commission and the Department of Family and Protective Services and amends statutory provisions relating to the investigation of reports of child abuse or neglect and procedures in certain suits to protect the health and safety of a child to conform to certain bill drafting conventions and to more accurately reflect current agency practices as directed by previously enacted legislation.    

 

Article 2. Government Code

 

S.B. 219 amends the Government Code to outline the responsibility of the executive commissioner of the Health and Human Services Commission to develop procedures for adopting rules for the health and human services agencies that specify the manner in which those agencies participate in the rulemaking process. The bill describes the duties of the executive commissioner and of a health and human services agency in developing policies and guidelines needed for the administration of the agency's functions and provides for the implementation of a proposed policy or guideline by an agency.

 

S.B. 219 amends statutory provisions relating to eligibility for appointment as the executive commissioner to reflect the transfer of the powers and duties of the former Texas Department of Mental Health and Mental Retardation to the Department of State Health Services and the Department of Aging and Disability Services. The bill amends provisions regarding administrative responsibilities, powers, and duties relating to the organization of the Health and Human Services Commission, guardianship services, the Medicaid program, and the Medicaid managed care program. The bill provides rulemaking procedures in statutory provisions relating to grants awarded to certain guardianship programs and the administration of certain block grants.

 

S.B. 219 removes obsolete or duplicative statutory provisions relating to certain health and human services programs, duties, functions, and entities. The bill changes outdated references to public health hospitals and the Nursing Home Consumer Assessment of Healthcare Providers and Systems survey. The bill standardizes references to the Medicaid program, the supplemental nutrition assistance program, the child health plan program, and the financial assistance program. The bill updates and standardizes references to federal law.

 

Article 3. Health and Safety Code

 

S.B. 219 amends the Health and Safety Code to express the legislature's intent for the executive commissioner of the Health and Human Services Commission to retain the authority over and responsibility for contracting and auditing at each health and human services agency, to provide for the delegation of that authority to the Department of State Health Services (DSHS), and to provide for the executive commissioner's oversight authority to manage and direct the operations of DSHS. The bill transfers Health and Safety Code provisions governing external audits of certain Medicaid contractors based on risk and electronic transactions in Medicaid to the Human Resources Code.

 

S.B. 219 amends statutory provisions relating to DSHS and the Department of Aging and Disability Services (DADS), public health programs and the care and the treatment of certain populations, mental health and intellectual disability services and facilities, and certain health and treatment facilities and institutions to reflect the transfer of the powers and duties of the former Texas Department of Mental Health and Mental Retardation to DSHS and DADS. The bill conforms provisions relating to DSHS chemical dependency services and programs to reflect Chapter 461, Health and Safety Code, as it existed on August 31, 2009, and Section 1.19(a)(3), Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003.

 

S.B. 219 amends statutory provisions regarding certain administrative responsibilities, powers, and duties and rulemaking procedures for the executive commissioner and other health and human services agencies and officers. The bill updates the definitions of terms regarding the Medicaid program and standardizes references to the Medicaid program and the financial assistance program. The bill updates and standardizes references to federal law and makes related conforming changes.

 

S.B. 219 amends certain statutory provisions regarding the setting and collecting of licensing fees and the term of a license to accurately reflect administrative duties and to conform to previously enacted legislation. The bill removes superseded statutory provisions regarding interest in certain dedicated funds. The bill removes obsolete and duplicative statutory provisions relating to health and human services programs, duties, functions, entities, and funds. The bill updates certain references to public health hospitals and to various medical and industry-specific terms and publications.

 

S.B. 219 amends statutory provisions governing certain health facility and occupational licenses; sanitation and environmental quality; food, drugs, alcohol, and hazardous substances; emergency services; and the health and safety of animals to accurately reflect the administrative hearings process, including provisions regarding administrative penalties and the posting of a supersedeas bond.  The bill amends certain statutory provisions, including provisions relating to reimbursement of council and advisory committee members, to conform to certain bill drafting conventions and to more accurately reflect current agency functions and practices as directed by previously enacted legislation.     

 

Article 4. Human Resources Code

 

S.B. 219 amends the Human Resources Code to express the legislature's intent for the executive commissioner of the Health and Human Services Commission to retain the authority over and responsibility for contracting and auditing at each health and human services agency, to provide for the delegation of that authority to the Department of Family and Protective Services, the Department of Assistive and Rehabilitative Services, and the Department of Aging and Disability Services, as appropriate, and to provide for the executive commissioner's oversight authority to manage and direct the operations of those agencies.

 

S.B. 219 amends statutory provisions relating to the powers, duties, functions, and administration of the Health and Human Services Commission (HHSC); the administration and coordination with the Texas Workforce Commission for the provision of certain assistance programs, including the Temporary Assistance for Needy Families (TANF) program and the Medicaid program; and the provision of services through family violence centers to reflect the transfer of the powers and duties from the former Texas Department of Human Services. The bill conforms provisions relating to state services for the aging to reflect Chapter 101, Human Resources Code, as it existed on August 31, 2006, and Section 1.20(a)(1), Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003.

 

S.B. 219 amends statutory provisions relating to nutritional assistance programs to reflect HHSC's administrative responsibility for the supplemental nutrition assistance program (SNAP) and the Department of Agriculture's administrative responsibility for the commodity distribution program. The bill describes certain administrative duties and provides for rulemaking procedures of the executive commissioner and other state agencies and officers. The bill amends statutory provisions regarding the setting and collecting of fees to accurately reflect administrative duties and to conform to previously enacted legislation.

 

S.B. 219 removes obsolete and duplicative statutory provisions relating to certain health and human services programs, duties, functions, entities, and funds. The bill conforms statutory provisions to certain bill drafting conventions and amends the provisions to accurately reflect current agency functions and practices as directed by previously enacted legislation. The bill updates terms regarding and standardizes references to the Medicaid program, TANF, and SNAP. The bill updates and standardizes references to federal law.

 

Article 5. Occupations Code

 

S.B. 219 amends the Occupations Code to amend statutory provisions regarding the setting and collecting of licensing fees and the term of a license to accurately reflect administrative duties and to conform to previously enacted legislation. The bill amends statutory provisions regulating midwives, marriage and family counselors, licensed professional counselors, perfusionists, respiratory care practitioners, orthotists and prosthetists, code enforcement officers, sanitarians, licenses to perform asbestos-related activities, and mold assessors and remediators to provide requirements regarding notice of a violation and penalty and the administrative hearings process, including provisions regarding the posting of a supersedeas bond. The bill removes obsolete and duplicative statutory provisions relating to certain health and human services functions and entities. The bill describes administrative duties and provides for rulemaking procedures of the executive commissioner of the Health and Human Services Commission and other state agencies and officers.

 

Article 6. Changes Affecting Other Codes

 

S.B. 219 amends the Agriculture Code, Code of Criminal Procedure, and Education Code to replace references to an abolished or obsolete state agency or official with references to the appropriate legacy agency or official. The bill amends language in the Agriculture Code and Code of Criminal Procedure to conform to person-first respectful language requirements. The bill amends provisions of the Agriculture Code to reflect the rulemaking authority granted to the executive commissioner of the Health and Human Services Commission in Section 531.0055, Government Code, as amended by Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003.

 

S.B. 219 amends the Estates Code to make a conforming change.

 

Repealers

 

Article 1 repeals the following provisions of the Family Code:

 

Section 101.002

Section 161.002(c)

Section 162.305

Sections 261.001(3) and (8)

Section 262.008(c)

Section 263.1015

Section 264.007

Section 264.105

Section 264.106

Section 264.1063

Section 264.107(f)

Section 264.206

Sections 264.501(2) and (5)

Subchapter H, Chapter 264

 

 

Article 2 repeals the following provisions of the Government Code:

 

Section 531.02131

Section 531.0222

Section 531.0249

Section 531.030

Section 531.0314

Section 531.046

Section 531.049

Section 531.065

Section 531.0993

Section 531.1063

Section 531.286

Section 531.552

Section 531.902

Section 531.905

Section 533.0025(a)

Subchapter D, Chapter 533

Section 534.001(10)

Sections 536.001(4) and (13)

Section 537.001

Section 538.001

 

 

Article 3 repeals the following provisions of the Health and Safety Code:

 

Section 11.002

Section 11.003(a)

the heading to Section 11.004

Section 11.004(a)

Sections 11.0045, 11.005, 11.0055, 11.006, 11.007, 11.008, 11.009, 11.010, and 11.011

the heading to Section 11.012

Section 11.012(e)

Section 11.013

Section 11.015

Section 11.0161

Section 11.017

Section 11.018

Section 12.0123, as added by Chapters 1447 and 1460, Acts of the 76th Legislature, Regular Session, 1999

Section 12.017

Subchapter C, Chapter 12

Sections 33.018(a)(2) and (3) and 33.051(1) and (2)

Sections 34.001(1), (2), and (3)

Sections 42.002(1) and 42.005(e)

Section 47.0035

Sections 48.001(2), (3), (5), and (6)

Section 61.002(1)

Sections 62.002(1) and (2)

Section 62.055(d)

Section 62.059

Section 62.101(b-1)

Section 62.1012

Section 63.001

Sections 81.043(c) and (d) and 81.050(i)

Section 85.013

Sections 85.083 and 85.084

Subchapter F, Chapter 85

Sections 85.271(1) and (3)

Sections 87.001(5) and (10)

Section 88.001(12)

Section 92.008

Section 93.011

Sections 96.001(1) and (2)

Sections 98.001(3), (4), and (5)

Section 101.0075

Section 103.0105

Sections 103A.001(1) and (3)

Sections 104.002(1), (2), (3), and (4)

Section 105.008

Chapter 112

Sections 115.001(2) and (3)

Sections 117.001(1) and (3)

Sections 141.013(b) and 141.017(e)

Sections 142.001(10) and (11-b)

Section 142.015

Section 142.016

Section 144.082(e)

Section 146.019(s)

Section 161.0901

Section 162.017

Sections 181.001(b)(1) and (2-b)

Section 241.024

Section 241.181, as added by Chapter 217 (H.B. 15), Acts of the 83rd Legislature, Regular Session, 2013

Section 242.004

Section 242.094(e), as added by Chapter 583 (S.B. 28), Acts of the 73rd Legislature, Regular Session, 1993

Section 244.002(2)

Section 244.008

Section 245.002(3)

Section 245.008

Sections 247.006 and 247.047

Section 248.029(e)

Section 251.001(1)

Sections 252.045 and 252.099

Section 254.051(f)

Sections 311.004(b) and 311.031(1)

Sections 312.002(1) and (2)

Section 321.002(e)

Section 341.001(1)

Section 345.043(b)

Sections 401.003(2), 401.249(d), and 401.501(2)

Sections 431.002(3), (4), (7), and (12), 431.045(d), 431.055(e), 431.2021, 431.243, 431.247(a), 431.2471, 431.275, and 431.277

Sections 432.003(1), (2), and (4) and 432.022(e)

Sections 433.003(4) and 433.095(e)

Sections 436.002(4), (5), (13), and (17)

Sections 437.001(1), (2), (3), and (3-a)

Section 438.041(1)

Section 438.042(b), as added by Chapter 885 (H.B. 1682), Acts of the 72nd Legislature, Regular Session, 1991

Section 438.101(1)

Section 438.151

Section 439.004

Sections 440.003(2), (3), (4), and (15)

Section 441.001

Chapter 461

Section 462.001(4)

Chapter 463

Sections 464.001(2) and 464.013

Sections 466.002(2) and (3)

Section 466.023(g)

Subchapters A and C, Chapter 468

Section 485.001(3)

Section 486.001(a)(2)

Section 501.001(1)

Sections 502.003(2) and (8)

Section 502.0141(e)

Section 503.001(1)

Sections 505.004(2) and (6) and 505.011(f)

Sections 506.004(2) and (6) and 506.011(f)

Sections 507.004(2) and (6) and 507.010(f)

Chapter 535

Sections 552.0011(1) and (5)

the headings to Subchapters A and B, Chapter 553

the heading to Subchapter A, Chapter 554

Sections 555.001(5) and (9)

Section 571.003(1)

Sections 577.0011 and 577.006(d)

Sections 591.003(2) and (21) and 591.012

Section 592.101

Section 593.079

Sections 756.081(2) and (3)

Sections 773.003(3), (4), and (5), 773.005, and 773.066(f)

Section 781.001(3)

Section 782.002(b), as added by Chapter 1027 (H.B. 1623), Acts of the 80th Legislature, Regular Session, 2007

Section 782.003(a), as added by Chapter 1027 (H.B. 1623), Acts of the 80th Legislature, Regular Session, 2007

Section 821.051(3)

Section 822.101(2)

Sections 823.001(2) and (3)

Sections 826.002(2) and (4)

Section 828.015

Section 1001.076

Sections 1002.001(2), (3), and (4)

 

 

Article 4 repeals the following provisions of the Human Resources Code:

 

Section 21.001

Section 21.002

Section 21.003

Section 21.0031

Section 21.0032

Section 21.004

Section 21.005

Section 21.0051

Section 21.0052

Section 21.006

Section 21.00605

Section 21.0061

Section 21.008

Section 21.009

Section 21.010

Section 21.014

Section 21.015

Section 21.016

Section 21.018

Section 21.019

Sections 22.005(a), (b), (c), and (e)

Section 22.010

Section 22.018(e)

Section 22.0291

Section 22.034

Section 22.037

Section 22.038

Section 31.0037

Section 31.005(c)

Section 31.009

Section 31.0125

Section 31.014

Section 31.031(g)

Sections 31.0355(d), (e), and (f)

Sections 32.003(2) and (3)

Sections 32.024(j), (k), and (m)

Section 32.0246

Section 32.027(b)

Section 32.030

Section 32.041

Sections 32.052(e) and (f)

Section 32.060

Section 32.101(1)

Section 32.201(2)

Section 32.251(5)

Section 33.007

Section 33.010

Section 33.026(a)

Section 33.051

Sections 40.001(2) and (4-a)

Section 40.0562

Section 40.0563

Section 40.058(b-1)

Section 42.0221

Section 48.002(a)(7)

Section 73.002

Section 73.0021

Section 73.0022

Section 73.0023

Section 73.0024

Section 73.0025

Section 73.0052

Sections 73.006(a), (c), and (d)

Sections 73.022(c), (d), and (e)

Section 73.023

Section 74.006(c)

Section 81.001(1)

Section 81.002

Section 81.0021

Section 81.0022

Section 81.003

Section 81.004

Section 81.005

Section 81.0051

Section 81.008

Section 81.009

Section 81.014

Section 91.001

Section 91.002(1)

Section 91.011

Sections 91.012(a), (b), and (c)

Section 91.013

Section 91.014(b)

Section 91.015

Sections 91.016(a), (b), (c), and (d)

Section 91.017

Sections 91.018(a), (b), (d), (e), (f), and (g)

Section 91.020

Chapter 101

Section 103.0075(d)

Section 103.010(b)

Sections 111.002(1) and (8)

Sections 111.011, 111.012, 111.013, 111.0131, 111.0132, 111.014, and 111.015

Section 111.017, as amended by Chapters 393 (H.B. 1402) and 1460 (H.B. 2641), Acts of the 76th Legislature, Regular Session, 1999

Sections 111.018(c), (d), (e), (f), (g), and (h)

Section 111.020

Section 111.024

Section 111.025

Section 111.026

Section 111.055(b)

Chapter 116

Section 121.0015

Sections 122.0011 and 122.002(2)

Chapter 134

Section 136.002(4)

Section 22.005(d), as amended by Chapters 1050 (S.B. 71) and 1083 (S.B. 1179), Acts of the 82nd Legislature, Regular Session, 2011

 

 

Article 5 repeals the following provisions of the Occupations Code:

 

Section 110.001(1)

Section 352.002(1)

Section 353.002(1)

Section 402.001(1)

Section 403.001(1)

Section 503.002(1-a)

Section 503.206

Section 505.002(2-a)

Section 603.2041(e)

Section 605.002(2)

Section 1954.002(6)

Sections 1954.056(b), (c), and (d)

Section 1958.055(b)

Chapter 2152

 

 

Article 6 repeals the following statutory provisions:

 

the heading to Subchapter A, Chapter 15, Agriculture Code

Section 1, Chapter 112 (H.B. 434), Acts of the 55th Legislature, Regular Session, 1957 (Article 1269l-2, Vernon's Texas Civil Statutes)

 

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.