BILL ANALYSIS

 

 

 

C.S.H.B. 5

By: Frank

Human Services

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Concerns have been raised regarding the structure of the Department of Family and Protective Services (DFPS) with respect to the pace of decision-making in abuse and neglect investigations and a lack of organizational flexibility for DFPS to manage its service delivery and workforce more effectively. C.S.H.B. 5 seeks to better meet the needs of children in the foster care system and at-risk youth in Texas by removing DFPS from the state's health and human services system under the direction of the Health and Human Services Commission.

 

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 rulemaking authority is expressly granted to the commissioner of the Department of Family and Protective Services in SECTION 24 of this bill.

 

ANALYSIS

 

C.S.H.B. 5 amends the Family Code, Government Code, and Human Resources Code to provide for the separation of the Department of Family and Protective Services (DFPS) from the state's consolidated health and human services system under the oversight of the executive commissioner of the Health and Human Services Commission (HHSC) with responsibility for management and direction of DFPS operations.

 

C.S.H.B. 5 amends the Government Code to remove DFPS from classification as a health and human services agency for purposes of statutory provisions relating to the health and human services system. The bill removes the Family and Protective Services Council from a statutory provision providing for the abolishment of certain state agencies and entities as part of the consolidation of the health and human services system. The bill removes DFPS from the agencies for which the Sunset Advisory Commission is required to provide an evaluation and recommendations in conducting a limited-scope review of HHSC regarding the consolidation of the health and human services system.

 

C.S.H.B. 5 includes DFPS functions relating to investigations of alleged abuse or neglect occurring at a child-care facility, including a residential child-care facility, among those not subject to transfer to HHSC as part of the consolidation of the health and human services system, expressly prohibits the responsibility for conducting such investigations from being transferred to HHSC, and clarifies that the responsibility remains with DFPS. The bill requires the commissioner of DFPS to transfer the responsibility for conducting those investigations to the DFPS child protective services division and to transfer appropriate investigators and staff as necessary. These provisions take effect on passage of the bill, or, if the bill does not receive the necessary vote, the 91st day after the last day of the legislative session.

 

C.S.H.B. 5 repeals Human Resources Code provisions subjecting the powers and duties of DFPS, including enforcement activities and functions, to oversight by the executive commissioner of HHSC to manage and direct the operations of DFPS and relating to the executive commissioner's contracting and auditing authority regarding DFPS powers, duties, functions, and activities.

 

C.S.H.B. 5 amends the Human Resources Code to transfer the duty to appoint a commissioner for DFPS from the executive commissioner of HHSC to the governor and to specify that the commissioner of DFPS serves at the pleasure of the governor. The bill replaces the requirement that the commissioner of DFPS assist the executive commissioner of HHSC in the development and implementation of policies and guidelines needed for the administration of DFPS functions and the development of rules relating to the matters within the jurisdiction of DFPS with the requirement that the commissioner of DFPS oversee such functions. The bill requires the commissioner of DFPS to adopt rules and policies for the operation of and the provision of services by DFPS.

 

C.S.H.B. 5 creates the nine-member Family and Protective Services Council to assist the commissioner of DFPS in developing rules and policies for DFPS. The bill sets out provisions relating to eligibility requirements for appointment to the council, council member terms, meeting requirements, and procedures for the governor to appoint council members, fill vacancies, and designate a presiding officer. The bill requires the council members to elect any other necessary officers, prohibits a council member from receiving compensation for service as a council member, and entitles a council member to reimbursement for certain travel expenses. The bill requires the council to study and make recommendations to the commissioner of DFPS regarding the management and operation of DFPS and establishes that a majority of the council members constitutes a quorum for the transaction of business. The bill subjects the council to state open meetings law and exempts the council from state law governing state agency advisory committees. The bill prohibits a person appointed as a council member from voting, deliberating, or being counted as a member in attendance at a council meeting until the person completes a training program and prescribes the information the training program is required to provide to a council member.  

 

C.S.H.B. 5 transfers the authority to appoint advisory committees for DFPS and rulemaking authority regarding the purpose, structure, and use of such committees by DFPS from the executive commissioner of HHSC to the commissioner of DFPS and requires DFPS and HHSC to enter into contracts for the provision of shared administrative services. The bill specifies that a reference in law to HHSC and the executive commissioner of HHSC in relation to a DFPS function or an administrative support function for DFPS and in relation to investigations and protective services for elderly persons and persons with disabilities means a reference to DFPS and the commissioner of DFPS, respectively. The bill requires the commissioner of DFPS to establish the following divisions and offices within DFPS: an investigations division, a contracting division that oversees specified functions, an office of consumer affairs, a consolidated data division, and a legal division that oversees specified functions. The bill authorizes the commissioner of DFPS to establish additional divisions within DFPS as the commissioner determines appropriate and to assign functions among DFPS divisions.

 

C.S.H.B. 5 amends the Family Code to include DFPS among the entities considered a juvenile service provider for purposes of interagency sharing of the educational records of certain students and to include DFPS among the entities to which the Texas Juvenile Justice Department may grant access to juvenile justice information for certain purposes. The bill transfers rulemaking authority from the executive commissioner of HHSC to the commissioner of DFPS with regard to rules relating to the pre-placement and post-placement parts of an adoption evaluation conducted by a licensed child-placing agency or DFPS, certain adoption assistance subsidies that DFPS may pay for an adoptive child, the continuation of adoption assistance following the 18th birthday of a child adopted after the child's 16th birthday, a schedule for permanency planning meetings for each child for whom DFPS is appointed temporary managing conservator, a parenting education program provided by DFPS, and medical care and education services. The bill establishes that a reference to HHSC or the executive commissioner of HHSC in statutory provisions relating to child welfare services and an investigation of a report of child abuse or neglect means a reference to DFPS or the commissioner of DFPS, respectively, and transfers rulemaking authority granted under those provisions from the executive commissioner of HHSC to the commissioner of DFPS. The bill requires DFPS to collaborate with HHSC and health care and child welfare professionals to design a comprehensive, cost-effective medical services delivery model to meet the needs of children served by DFPS and makes HHSC responsible for administering contracts with managed care providers for the provision of medical care to children in foster care. The bill specifies that certain duties of HHSC relating to health passports for children in foster care are in collaboration with DFPS and requires the executive commissioner of HHSC to collaborate with the commissioner of DFPS in adopting rules specifying information to be included in the passport. The bill updates references to DFPS and the commissioner of DFPS as appropriate and removes references to HHSC with respect to certain DFPS functions. 

 

C.S.H.B. 5 requires the executive commissioner of HHSC to transfer the appropriate divisions, resources, and personnel to DFPS to allow DFPS to perform its general functions.

 

C.S.H.B. 5 repeals the following provisions:

·         Section 261.001(7), Family Code

·         Sections 264.001(2) and (3), Family Code

·         Section 40.0506, Human Resources Code

·         Section 40.0507, Human Resources Code

 

EFFECTIVE DATE

 

Except as otherwise provided, September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 5 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 58.0051(a)(2), Family Code, is amended.

SECTION 1. Same as introduced version.

 

 

SECTION 2.  Section 58.0072(c), Family Code, is amended.

SECTION 2. Same as introduced version.

 

 

SECTION 3.  Section 107.152(c), Family Code, is amended.

SECTION 3. Same as introduced version.

 

 

SECTION 4.  Section 107.159(a), Family Code, is amended.

SECTION 4. Same as introduced version.

 

 

SECTION 5.  Section 107.160(a), Family Code, is amended.

SECTION 5. Same as introduced version.

 

 

SECTION 6.  Sections 162.304(b-2) and (g), Family Code, are amended.

SECTION 6. Same as introduced version.

 

 

SECTION 7.  Section 162.3041(a-1), Family Code, is amended.

SECTION 7. Same as introduced version.

 

 

SECTION 8.  Subchapter A, Chapter 261, Family Code, is amended.

 

SECTION 8. Same as introduced version.

 

 

SECTION 9.  Section 263.009(a), Family Code, is amended.

SECTION 9. Same as introduced version.

 

 

SECTION 10.  Subchapter A, Chapter 264, Family Code, is amended.

 

SECTION 10. Same as introduced version.

 

 

SECTION 11.  Section 265.105, Family Code, as added by Chapter 1257 (H.B. 2630), Acts of the 84th Legislature, Regular Session, 2015, is amended.

 

SECTION 11. Same as introduced version.

 

 

SECTION 12.  Section 265.106, Family Code, is amended.

SECTION 12. Same as introduced version.

 

 

SECTION 13.  Section 265.109(a), Family Code, is amended.

SECTION 13. Same as introduced version.

 

 

SECTION 14.  Section 266.001(1-a), Family Code, is amended to read as follows:

 

(1-a)  "Commissioner" ["Commission"] means the commissioner of the Department of Family and Protective Services [Health and Human Services Commission].

 

SECTION 14.  Section 266.001, Family Code, is amended by adding Subdivision (1-b) to read as follows:

 

 

 

 

(1-b)  "Commissioner" means the commissioner of the Department of Family and Protective Services.

 

SECTION 15.  Section 266.003, Family Code, is amended to read as follows:

Sec. 266.003.  MEDICAL SERVICES FOR CHILD ABUSE AND NEGLECT VICTIMS.  (a)  The department [commission] shall collaborate with health care and child welfare professionals to design a comprehensive, cost-effective medical services delivery model, either directly or by contract, to meet the needs of children served by the department.  The medical services delivery model must include:

(1)  the designation of health care facilities with expertise in the forensic assessment, diagnosis, and treatment of child abuse and neglect as pediatric centers of excellence;

(2)  a statewide telemedicine system to link department investigators and caseworkers with pediatric centers of excellence or other medical experts for consultation;

(3)  identification of a medical home for each foster child on entering foster care at which the child will receive an initial comprehensive assessment as well as preventive treatments, acute medical services, and therapeutic and rehabilitative care to meet the child's ongoing physical and mental health needs throughout the duration of the child's stay in foster care;

(4)  the development and implementation of health passports as described in Section 266.006;

(5)  establishment and use of a management information system that allows monitoring of medical care that is provided to all children in foster care;

(6)  the use of medical advisory committees and medical review teams, as appropriate, to establish treatment guidelines and criteria by which individual cases of medical care provided to children in foster care will be identified for further, in-depth review;

(7)  development of the training program described by Section 266.004(h);

(8)  provision for the summary of medical care described by Section 266.007; and

(9)  provision for the participation of the person authorized to consent to medical care for a child in foster care in each appointment of the child with the provider of medical care.

(b)  The department [commission] shall collaborate with health and human services agencies, community partners, the health care community, and federal health and social services programs to maximize services and benefits available under this section.

(c)  The [executive] commissioner shall adopt rules necessary to implement this chapter.

 

SECTION 15.  Section 266.003, Family Code, is amended to read as follows:

Sec. 266.003.  MEDICAL SERVICES FOR CHILD ABUSE AND NEGLECT VICTIMS.  (a)  The department [commission] shall collaborate with the commission and health care and child welfare professionals to design a comprehensive, cost-effective medical services delivery model, either directly or by contract, to meet the needs of children served by the department.  The medical services delivery model must include:

(1)  the designation of health care facilities with expertise in the forensic assessment, diagnosis, and treatment of child abuse and neglect as pediatric centers of excellence;

(2)  a statewide telemedicine system to link department investigators and caseworkers with pediatric centers of excellence or other medical experts for consultation;

(3)  identification of a medical home for each foster child on entering foster care at which the child will receive an initial comprehensive assessment as well as preventive treatments, acute medical services, and therapeutic and rehabilitative care to meet the child's ongoing physical and mental health needs throughout the duration of the child's stay in foster care;

(4)  the development and implementation of health passports as described in Section 266.006;

(5)  establishment and use of a management information system that allows monitoring of medical care that is provided to all children in foster care;

(6)  the use of medical advisory committees and medical review teams, as appropriate, to establish treatment guidelines and criteria by which individual cases of medical care provided to children in foster care will be identified for further, in-depth review;

(7)  development of the training program described by Section 266.004(h);

(8)  provision for the summary of medical care described by Section 266.007; and

(9)  provision for the participation of the person authorized to consent to medical care for a child in foster care in each appointment of the child with the provider of medical care.

(b)  The department [commission] shall collaborate with health and human services agencies, community partners, the health care community, and federal health and social services programs to maximize services and benefits available under this section.

(c)  The [executive] commissioner shall adopt rules necessary to implement this chapter.

(d)  The commission is responsible for administering contracts with managed care providers for the provision of medical care to children in foster care.

 

SECTION 16.  Sections 266.006(a), (b), and (e), Family Code, are amended to read as follows:

(a)  The [commission, in conjunction with the] department, [and] with the assistance of physicians and other health care providers experienced in the care of foster children and children with disabilities and with the use of electronic health records, shall develop and provide a health passport for each foster child.  The passport must be maintained in an electronic format and use [the commission's and] the department's existing computer resources to the greatest extent possible.

(b)  The [executive] commissioner shall adopt rules specifying the information required to be included in the passport.  The required information may include:

 

(1)  the name and address of each of the child's physicians and health care providers;

(2)  a record of each visit to a physician or other health care provider, including routine checkups conducted in accordance with the Texas Health Steps program;

(3)  an immunization record that may be exchanged with ImmTrac;

(4)  a list of the child's known health problems and allergies;

(5)  information on all medications prescribed to the child in adequate detail to permit refill of prescriptions, including the disease or condition that the medication treats; and

(6)  any other available health history that physicians and other health care providers who provide care for the child determine is important.

(e)  The department [commission] shall provide training or instructional materials to foster parents, physicians, and other health care providers regarding use of the health passport.

 

SECTION 16.  Sections 266.006(a), (b), and (e), Family Code, are amended to read as follows:

(a)  The commission, in conjunction with the department, and with the assistance of physicians and other health care providers experienced in the care of foster children and children with disabilities and with the use of electronic health records, shall develop and provide a health passport for each foster child.  The passport must be maintained in an electronic format and use [the commission's and] the department's existing computer resources to the greatest extent possible.

(b)  The executive commissioner, in collaboration with the commissioner, shall adopt rules specifying the information required to be included in the passport.  The required information may include:

(1)  the name and address of each of the child's physicians and health care providers;

(2)  a record of each visit to a physician or other health care provider, including routine checkups conducted in accordance with the Texas Health Steps program;

(3)  an immunization record that may be exchanged with ImmTrac;

(4)  a list of the child's known health problems and allergies;

(5)  information on all medications prescribed to the child in adequate detail to permit refill of prescriptions, including the disease or condition that the medication treats; and

(6)  any other available health history that physicians and other health care providers who provide care for the child determine is important.

(e)  The commission in collaboration with the department shall provide training or instructional materials to foster parents, physicians, and other health care providers regarding use of the health passport.

 

SECTION 17.  Sections 266.008(a) and (d), Family Code, are amended.

 

SECTION 17. Same as introduced version.

 

 

SECTION 18.  Section 531.001(4), Government Code, is amended.

 

SECTION 18. Same as introduced version.

 

 

SECTION 19.  (a)  Section 531.02013, Government Code, is amended.

SECTION 19. Same as introduced version.

 

 

SECTION 20.  Section 531.0202(a), Government Code, is amended.

SECTION 20. Same as introduced version.

 

 

SECTION 21.  Section 531.0206(a), Government Code, is amended.

SECTION 21. Same as introduced version.

 

 

SECTION 22.  Sections 40.0026 and 40.0027, Human Resources Code, as effective on September 1, 2017, are amended.

SECTION 22. Same as introduced version.

 

 

No equivalent provision.

 

SECTION 23.  Subchapter B, Chapter 40, Human Resources Code, is amended by adding Sections 40.021, 40.022, 40.023, 40.024, 40.025, and 40.026 to read as follows:

Sec. 40.021.  FAMILY AND PROTECTIVE SERVICES COUNCIL.  (a) The Family and Protective Services Council is created to assist the commissioner in developing rules and policies for the department.

(b)  The council is composed of nine members of the public appointed by the governor with the advice and consent of the senate. To be eligible for appointment to the council, a person must have demonstrated an interest in and knowledge of problems and available services related to the functions of the department.

(c)  The council shall study and make recommendations to the commissioner regarding the management and operation of the department, including policies and rules governing the delivery of services to persons who are served by the department and the rights and duties of persons who are served or regulated by the department.

(d)  Chapter 551, Government Code, applies to the council.

(e)  Chapter 2110, Government Code, does not apply to the council.

(f)  A majority of the members of the council constitute a quorum for the transaction of business.

(g)  One of the members of the council under Subsection (b) must be a person who was a child in the foster care system.  If after conducting a search, the governor determines that no person qualified under this subsection is available, the governor may appoint another person qualified under Subsection (b).

Sec. 40.022.  APPOINTMENTS.  (a)  Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(b)  Appointments to the council shall be made so that each geographic area of the state is represented on the council. Notwithstanding Subsection (a), appointments to the council must reflect the ethnic diversity of this state.

Sec. 40.023.  TRAINING PROGRAM FOR COUNCIL MEMBERS.  (a)  A person who is appointed as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.

(b)  The training program must provide information to the member regarding:

(1)  the legislation that created the department and the council;

(2)  the programs operated by the department;

(3)  the role and functions of the department and the council, including detailed information regarding the advisory responsibilities of the council;

(4)  the rules of the department, with an emphasis on rules that relate to disciplinary and investigatory authority;

(5)  the current budget for the department;

(6)  the results of the most recent formal audit of the department;

(7)  the requirements of the:

(A)  open meetings law, Chapter 551, Government Code;

(B)  public information law, Chapter 552, Government Code; and

(C)  administrative procedure law, Chapter 2001, Government Code;

(8)  the requirements of the conflict-of-interest laws and other laws relating to public officials; and

(9)  any applicable ethics policies adopted by the commissioner or the Texas Ethics Commission.

Sec. 40.024.  TERMS; VACANCY.  (a)  Members of the council serve for staggered six-year terms, with the terms of three members expiring February 1 of each odd-numbered year.

(b)  A member of the council may not serve more than two consecutive full terms as a council member.

(c)  The governor by appointment shall fill the unexpired term of a vacancy on the council.

Sec. 40.025.  REIMBURSEMENT FOR EXPENSES.  A council member may not receive compensation for service as a member of the council but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the council as provided by the General Appropriations Act.

Sec. 40.026.  PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The governor shall designate a member of the council as the presiding officer to serve in that capacity at the pleasure of the governor.

(b)  The members of the council shall elect any other necessary officers.

(c)  The council shall meet quarterly and at other times at the call of the presiding officer. The council may hold meetings in different areas of the state.

 

SECTION 23.  Section 40.027, Human Resources Code, is amended to read as follows:

Sec. 40.027.  COMMISSIONER.  (a)  The governor [executive commissioner] shall appoint a commissioner [in accordance with Section 531.0056, Government Code].  The commissioner is to be selected according to education, training, experience, and demonstrated ability.

(b)  The commissioner serves at the pleasure of the governor [executive commissioner].

(c)  The [Subject to the control of the executive commissioner, the] commissioner shall:

(1)  act as the department's chief administrative officer;

(2)  oversee [in accordance with the procedures prescribed by Section 531.00551, Government Code, assist the executive commissioner in] the development and implementation of policies and guidelines needed for the administration of the department's functions;

(3)  oversee [in accordance with the procedures adopted by the executive commissioner under Section 531.00551, Government Code, assist the executive commissioner in] the development of rules relating to the matters within the department's jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and

(4)  serve as a liaison between the department and commission.

(d)  The commissioner shall administer this chapter and other laws relating to the department [under operational policies established by the executive commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule].

 

SECTION 24.  Section 40.027, Human Resources Code, is amended to read as follows:

Sec. 40.027.  COMMISSIONER.  (a)  The governor [executive commissioner] shall appoint a commissioner [in accordance with Section 531.0056, Government Code].  The commissioner is to be selected according to education, training, experience, and demonstrated ability.

(b)  The commissioner serves at the pleasure of the governor [executive commissioner].

(c)  The [Subject to the control of the executive commissioner, the] commissioner shall:

(1)  act as the department's chief administrative officer;

(2)  oversee [in accordance with the procedures prescribed by Section 531.00551, Government Code, assist the executive commissioner in] the development and implementation of policies and guidelines needed for the administration of the department's functions;

(3)  oversee [in accordance with the procedures adopted by the executive commissioner under Section 531.00551, Government Code, assist the executive commissioner in] the development of rules relating to the matters within the department's jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and

(4)  serve as a liaison between the department and commission.

(d)  The commissioner shall administer this chapter and other laws relating to the department [under operational policies established by the executive commissioner and in accordance with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule].

(e)  Notwithstanding any other law, the commissioner shall adopt rules and policies for the operation of and the provision of services by the department.

 

SECTION 24.  Section 40.030, Human Resources Code, is amended.

SECTION 25. Same as introduced version.

 

 

SECTION 25.  Section 40.0505, Human Resources Code, is amended to read as follows:

Sec. 40.0505.  DIVISIONS OF DEPARTMENT [POWERS AND DUTIES OF COMMISSIONER; EFFECT OF CONFLICT WITH OTHER LAW].  (a)  The commissioner shall establish the following divisions and offices within the department:

(1)  an investigations division;

(2)  a contracting division that oversees the following:

(A)  quality assurance;

(B)  vendor oversight;

(C)  contract adherence;

(D)  contracting; and

(E)  oversight of single source continuum contractors providing foster care services;

(3)  an office of consumer affairs;

(4)  a consolidated data division; and

(5)  a legal division that oversees the following:

(A)  human resources;

 

 

 

(B)  open records;

(C)  privacy and confidentiality;

(D)  litigation; and

(E)  contract compliance.

(b)  The commissioner may establish additional divisions within the department as the commissioner determines appropriate.

(c)  The commissioner may assign department functions among the department's divisions. [To the extent a power or duty given to the commissioner by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.]

 

SECTION 26.  Section 40.0505, Human Resources Code, is amended to read as follows:

Sec. 40.0505.  DIVISIONS OF DEPARTMENT [POWERS AND DUTIES OF COMMISSIONER; EFFECT OF CONFLICT WITH OTHER LAW].  (a)  The commissioner shall establish the following divisions and offices within the department:

(1)  an investigations division;

(2)  a contracting division that oversees the following:

(A)  quality assurance;

(B)  vendor oversight;

(C)  contract adherence;

(D)  contracting; and

(E)  oversight of single source continuum contractors providing foster care services;

(3)  an office of consumer affairs;

(4)  a consolidated data division; and

(5)  a legal division that oversees the following:

(A)  human resources, as necessary to manage the department's workforce and establish the department's hiring and termination policies;

(B)  open records;

(C)  privacy and confidentiality;

(D)  litigation; and

(E)  contract compliance.

(b)  The commissioner may establish additional divisions within the department as the commissioner determines appropriate.

(c)  The commissioner may assign department functions among the department's divisions. [To the extent a power or duty given to the commissioner by this chapter or another law conflicts with Section 531.0055, Government Code, Section 531.0055 controls.]

 

SECTION 26.  Section 40.058, Human Resources Code, is amended by adding Subsection (i) to read as follows:

(i)  The department may enter into contracts with the commission or another state agency for the provision of administrative support services, including payroll, procurement, information resources, and rate setting.

 

SECTION 27.  Section 40.058, Human Resources Code, is amended by adding Subsection (i) to read as follows:

(i)  The department and the commission shall enter into contracts for the provision of shared administrative services, including payroll, procurement, information resources, rate setting, and, subject to the approval of the governor, regional administrative services.

 

SECTION 27.  Subchapter A, Chapter 48, Human Resources Code, is amended.

SECTION 28. Same as introduced version.

 

 

SECTION 28.  The following provisions are repealed:

(1)  Sections 261.001(7), 264.001(2) and (3), and 266.001(3), Family Code; and

(2)  Sections 40.0506 and 40.0507, Human Resources Code.

 

SECTION 29.  The following provisions are repealed:

(1)  Sections 261.001(7) and 264.001(2) and (3), Family Code; and

(2)  Sections 40.0506 and 40.0507, Human Resources Code.

 

SECTION 29.  As soon as possible after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall transfer the appropriate divisions, resources, and personnel to the Department of Family and Protective Services to allow the department to perform the general functions of the department under Subchapter C, Chapter 40, Human Resources Code, as amended by this Act.

 

SECTION 30. Same as introduced version.

 

 

SECTION 30.  Except as otherwise provided by this Act, this Act takes effect September 1, 2017.

 

SECTION 31. Same as introduced version.