BILL ANALYSIS

S.B. 1021

By: Nelson

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Stakeholders note the continued need for studying and planning with regard to the ongoing transfer and consolidation of the state's health and human services agencies. S.B. 1021 seeks to address this need by providing for certain reports on the consolidation and certain functions of the health and human services system, among other changes.

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.

ANALYSIS

S.B. 1021 amends the Government Code to include the commissioner of the Department of Family and Protective Services (DFPS), regardless of whether that agency continues as a state agency separate from the Health and Human Services Commission (HHSC), among the members of the HHSC Executive Council.

S.B. 1021 changes from September 1, 2018, to July 31, 2018, the deadline by which the executive commissioner of HHSC is required to conduct a study and submit a report and recommendations regarding the continuing need for certain state agencies to the Health and Human Services Transition Legislative Oversight Committee. The bill creates an exception to the required recommendation regarding the need to continue DFPS as a state agency separate from HHSC if a determination on the continuation is made before that deadline and includes among the required components of the report an assessment of the quality and consistency of data sharing, communication, and coordination between DFPS and HHSC and an assessment of any known or potential conflicts of interest concerning licensing and regulation activities by DFPS or HHSC, including the process by which known conflicts of interest are mitigated or managed by those agencies. The bill requires the executive commissioner to submit the report to the oversight committee not later than July 31, 2018, and requires the report to include the latest information available on HHSC progress in transferring and consolidating the administrative support services functions of the health and human services system and recommendations on whether to abolish each statutory advisory committee that considers issues related to the health and human services system and whether to reestablish an advisory committee for which abolishment is recommended by rule, consolidate the advisory committee with another advisory committee, or permanently discontinue the advisory committee in any form.

S.B. 1021 creates an exception to the required recommendation regarding the need to continue DFPS as a state agency separate from HHSC included in the oversight committee's report to the legislature if a determination on the continuation is made before the report's statutory submission deadline, and includes among the required components of that report an assessment of and any necessary recommendations concerning data sharing, communication, and coordination between DFPS and HHSC.

S.B. 1021 reenacts Government Code provisions relating to the Texas system of care framework that were amended and repealed by Chapter 837 (S.B. 200), Acts of the 84th Legislature, Regular Session, 2015.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.