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A BILL TO BE ENTITLED
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AN ACT
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relating to certain functions of the office of consumer affairs in |
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the Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter Y to read as follows: |
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SUBCHAPTER Y. OFFICE OF CONSUMER AFFAIRS |
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Sec. 531.991. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Family and |
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Protective Services. |
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(2) "Office" means the office of consumer affairs in |
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the commission. |
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Sec. 531.992. OFFICE. The office of consumer affairs is an |
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office in the commission. |
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Sec. 531.993. DUTIES OF OFFICE. The office shall: |
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(1) develop statewide procedures in order to receive |
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inquiries and complaints relating to the department; |
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(2) review complaints and inquiries filed with the |
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office relating to the department; |
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(3) investigate each complaint described by |
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Subdivision (2); |
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(4) if a complaint filed with the office alleges the |
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abuse, neglect, or exploitation of a child, assist the child making |
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the complaint in reporting the allegation to the department and |
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open a case for the duration of the department's investigation of |
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the allegation; |
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(5) issue and file with the department a final report |
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that contains the office's final determination of a complaint's |
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merit and any recommended corrective actions to be taken by the |
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department; |
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(6) establish a secure form of communication with any |
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individual who files a complaint with the office; and |
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(7) ensure that a child in the conservatorship of the |
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department who files a complaint with the office is informed of the |
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results of the office's investigation of the child's complaint, |
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including whether the office was able to substantiate the child's |
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complaint. |
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Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If |
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during the investigation of a complaint the office discovers |
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unreported violations of the department's rules and policies, the |
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office shall open a new investigation for each unreported |
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violation. |
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Sec. 531.995. ACCESS TO INFORMATION. The department shall |
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provide the office access to the department's records that relate |
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to a complaint the office is investigating. |
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Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) The |
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department shall allow any department employee, any child in the |
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conservatorship of the department, and any client of adult |
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protective services to communicate with the office. The |
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communication: |
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(1) may be in person, by telephone, by mail, or by any |
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other means; and |
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(2) is confidential and privileged. |
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(b) The records of the office are confidential, except that |
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the office shall disclose the office's records if required by a |
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court order on a showing of good cause. |
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(c) The office may make public reports relating to an |
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investigation after the investigation is complete. The office shall |
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redact the names of all children, parents, clients, and employees |
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from the report and maintain the confidentiality of that |
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information. |
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Sec. 531.997. RETALIATION PROHIBITED. (a) The department |
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may not retaliate against a department employee or any other person |
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who in good faith makes an inquiry or complaint to the office or |
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cooperates with the office in an investigation. |
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(b) The office shall collaborate with the divisions of the |
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department responsible for child protective services, adult |
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protective services, and child care licensing to create |
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consequences, based on the extent of the offense and the severity of |
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the retaliation, for any person who is found to have engaged in |
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retaliation against a child in the conservatorship of the |
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department. |
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Sec. 531.998. PROMOTION OF OFFICE. (a) The office shall |
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annually develop and implement an outreach plan to promote |
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awareness among the public, children in the conservatorship of the |
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department, clients of adult protective services, and all operators |
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and staff of facilities licensed by the department of: |
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(1) the purpose of the office; |
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(2) the services the office provides; and |
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(3) how the office may be contacted. |
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(b) The office shall ensure that: |
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(1) all residential facilities in which children in |
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the conservatorship of the department are placed display |
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information about the office and the process for filing a complaint |
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with the office in a location that is easily accessible to children |
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residing at the facility; and |
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(2) information about the office and the complaint |
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process is provided to: |
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(A) guardians ad litem and court appointed |
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special advocates for children in the conservatorship of the |
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department; and |
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(B) staff members of the department. |
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Sec. 531.999. REPORT. (a) The office shall prepare an |
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annual report that contains: |
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(1) a description of the office's work, including a |
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summary of each complaint the office received and investigated and |
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the manner in which each complaint was resolved; |
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(2) any change made by the department, either at the |
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regional or statewide level, in response to a substantiated |
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complaint against the department; |
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(3) a description of any trends in the nature of |
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inquiries or complaints received by the office and any policy |
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recommendations related to addressing those trends; |
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(4) a glossary of terms used in the report; |
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(5) a description of the methods used to promote |
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awareness of the office under Section 531.998 and the office's |
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promotion plan for the next year; and |
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(6) any public feedback received by the office |
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relating to the office's previous annual reports. |
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(b) The report must be submitted to the executive |
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commissioner and the commissioner of the department not later than |
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October 1 of each year. On receipt of the report, the department |
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shall make the report publicly available on the department's |
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Internet website. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall transfer all personnel, funding, |
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records, and authority currently allocated to the office of |
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consumer affairs in the Department of Family and Protective |
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Services to the office of consumer affairs in the commission, as |
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created by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |