By: Nelson S.B. No. 80

A BILL TO BE ENTITLED

AN ACT

relating to certain required reports prepared by state agencies and other governmental entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.751(b), Education Code, is amended to read as follows:

(b) The center shall examine the efficiency of the public school system and the effectiveness of instructional methods and curricular programs and promote the use of successful methods and programs. The center shall monitor and evaluate the implementation of the accountability system under Chapter 39 [and provide annual progress reports to the governor, Legislative Budget Board, and commissioner of education].

SECTION 2. Section 531.421, Government Code, is amended to read as follows:

Sec. 531.421. DEFINITIONS. In this subchapter:

(1) "Children with severe emotional disturbances" includes:

(A) children who are at risk of incarceration or placement in a residential mental health facility;

(B) children for whom a court may appoint the Department of Family and Protective Services as managing conservator;

(C) children who are students in a special education program under Subchapter A, Chapter 29, Education Code; and

(D) children who have a substance abuse disorder or a developmental disability.

(2) "Community resource coordination group" means a coordination group established under a memorandum of understanding adopted under Section 531.055.

(3) ["Consortium" means the Texas System of Care Consortium established under Subchapter G-1.

[(4)] "Systems of care services" means a comprehensive state system of mental health services and other necessary and related services that is organized as a coordinated network to meet the multiple and changing needs of children with severe emotional disturbances and their families.

SECTION 3. Section 531.422(c), Government Code, is amended to read as follows:

(c) Each community resource coordination group shall submit the report described by Subsection (b) to the commission [consortium]. The commission [consortium] shall provide a deadline to each group for submitting the reports. The time frame for completing the reports must be coordinated with any regional reviews by the commission of the delivery of related services.

SECTION 4. Section 531.423, Government Code, is amended to read as follows:

Sec. 531.423. SUMMARY REPORT BY COMMISSION [CONSORTIUM]. (a) The commission [consortium] shall create a summary report based on the evaluations in the reports submitted to the commission [consortium] by community resource coordination groups under Section 531.422. The commission's [consortium's] report must include recommendations for policy and statutory changes at each agency that is involved in the provision of systems of care services and the outcome expected from implementing each recommendation.

(b) The commission [consortium] shall coordinate, where appropriate, the recommendations in the report created under this section with recommendations in the assessment developed under S.B. No. 491, Acts of the 78th Legislature, Regular Session, 2003, and with the continuum of care developed under S.B. No. 490, Acts of the 78th Legislature, Regular Session, 2003.

(c) The commission [consortium] may include in the report created under this section recommendations for the statewide expansion of sites participating in the Texas System of Care Framework and the integration of services provided at those sites with services provided by community resource coordination groups.

(d) The commission [consortium] shall provide a copy of the report created under this section to each agency for which the report makes a recommendation and to other agencies as appropriate.

SECTION 5. Section 2056.002(d), Government Code, is amended to read as follows:

(d) A state agency shall send two copies of each plan to both the Legislative Reference Library and the state publications clearinghouse of the Texas State Library and one copy each to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives;

(4) the Legislative Budget Board;

(5) [the Sunset Advisory Commission;

[(6)] the state auditor; and

(6) [(7)] the Department of Information Resources.

SECTION 6. Section 2102.009, Government Code, is amended to read as follows:

Sec. 2102.009. ANNUAL REPORT. The internal auditor shall prepare an annual report and submit the report before November 1 of each year to the governor, the Legislative Budget Board, [the Sunset Advisory Commission,] the state auditor, the state agency's governing board, and the administrator. The state auditor shall prescribe the form and content of the report, subject to the approval of the legislative audit committee.

SECTION 7. Section 2102.0091(a), Government Code, is amended to read as follows:

(a) A state agency shall file with the division of the governor's office responsible for budget and policy [Sunset Advisory Commission, the Governor's Office of Budget, Planning, and Policy], the state auditor, and the Legislative Budget Board a copy of each report submitted to the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board by the agency's internal auditor.

SECTION 8. Section 2306.908, Government Code, is amended to read as follows:

Sec. 2306.908. REPORT. The council shall submit annually a progress report to the governing bodies of the agencies represented on the council, other than the governing body of the Department of Aging and Disability Services or its successor agency.

SECTION 9. The heading to Subchapter E, Chapter 386, Health and Safety Code, is amended to read as follows:

SUBCHAPTER E. EVALUATION OF UTILITY COMMISSION [AND COMPTROLLER]

ENERGY EFFICIENCY PROGRAMS

SECTION 10. Section 386.205, Health and Safety Code, is amended to read as follows:

Sec. 386.205. EVALUATION OF UTILITY COMMISSION [AND COMPTROLLER] ENERGY EFFICIENCY PROGRAMS. In cooperation with the laboratory, the utility commission shall provide an annual report to the commission that, by county, quantifies the reductions of energy demand, peak loads, and associated emissions of air contaminants achieved [from programs implemented by the state energy conservation office and] from programs implemented under Section 39.905, Utilities Code.

SECTION 11. Section 114.008(a), Human Resources Code, is amended to read as follows:

(a) Not later than November 1 of each even-numbered year, the council shall:

(1) prepare a report summarizing requirements the council identifies and recommendations for providing additional or improved services to persons with autism or other pervasive developmental disorders; and

(2) deliver the report to [the executive commissioner,] the governor, the lieutenant governor, and the speaker of the house of representatives.

SECTION 12. Section 13.063(b), Utilities Code, is amended to read as follows:

(b) The office shall prepare annually a report on the office's activities during the preceding year and submit the report to the standing legislative committees that have jurisdiction over the office, the house appropriations committee, and the senate finance committee[, and the Sunset Advisory Commission]. At a minimum, the report must include:

(1) a list of the types of activities conducted by the office and the time spent by the office on each activity;

(2) the number of hours billed by the office for representing residential or small commercial consumers in proceedings;

(3) the number of staff positions and the type of work performed by each position; and

(4) the office's rate of success in representing residential or small commercial consumers in appealing commission decisions.

SECTION 13. Section 13, Chapter 1282 (H.B. 2), Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 13. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID HEALTH INSURANCE PROVIDERS FEE AND ASSOCIATED FEDERAL INCOME TAX. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2015, $79,685,024 is appropriated out of the general revenue fund, and $113,570,204 is appropriated out of federal funds, to the Health and Human Services Commission for Goal B, Medicaid, as listed in Chapter 1411 (S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013 (the General Appropriations Act), for the state fiscal year ending August 31, 2015, for the purpose of adjusting Medicaid capitation payments made to managed care organizations providing health care services through managed care plans under the Medicaid program to account for the health insurance providers fee imposed under Section 9010 of the federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152), and the associated effects of that fee on federal income taxes. [Before the Health and Human Services Commission makes any capitation payments to managed care organizations that are adjusted using money appropriated under this section, the executive commissioner of the commission shall submit a report to the Legislative Budget Board that specifies:

[(1) the methodology and bases used to determine the amount of the capitation payment adjustments;

[(2) the amounts by which capitation payments are adjusted using money appropriated under this section; and

[(3) whether any managed care organization that is a recipient of a capitation payment adjustment paid using money appropriated under this section was also a recipient of one or more other Medicaid capitation payment adjustments paid during the state fiscal biennium ending August 31, 2013, or August 31, 2015, and the aggregate cost to this state of the other Medicaid capitation payment adjustments paid during those bienniums.]

SECTION 14. The following provisions are repealed:

(1) Section 61.506(g), Education Code;

(2) Sections 402.032(g) and 2206.101(d), Government Code;

(3) Section 361.0215(d), Health and Safety Code;

(4) Section 22.0252(b), Human Resources Code; and

(5) Section 26.3574(x), Water Code.

SECTION 15. This Act takes effect September 1, 2017.