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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of protective services and the conduct of |
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certain investigations through the adult protective services |
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program of the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.002(b), Human Resources Code, as |
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effective September 1, 2017, is amended to read as follows: |
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(b) Except as provided by Section 40.0025, the department |
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shall: |
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(1) provide protective services for children and |
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elderly persons and persons with disabilities, including |
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investigations of alleged abuse, neglect, or exploitation by a |
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provider the department has authority to investigate under Section |
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48.252 or under Section 261.404, Family Code [in facilities of the
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Department of State Health Services and the Department of Aging and
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Disability Services or the successor agency for either of those
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agencies]; |
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(2) provide family support and family preservation |
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services that respect the fundamental right of parents to control |
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the education and upbringing of their children; |
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(3) license, register, and enforce regulations |
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applicable to child-care facilities, child-care administrators, |
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and child-placing agency administrators; and |
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(4) implement and manage programs intended to provide |
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early intervention or prevent at-risk behaviors that lead to child |
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abuse, delinquency, running away, truancy, and dropping out of |
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school. |
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SECTION 2. Section 40.0025(b), Human Resources Code, is |
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amended to read as follows: |
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(b) In accordance with Subchapter A-1, Chapter 531, |
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Government Code, and notwithstanding any other law, the department |
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performs only functions, including the statewide intake of reports |
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and other information, related to the following services: |
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(1) child protective services, including services |
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that are required by federal law to be provided by this state's |
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child welfare agency; |
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(2) adult protective services, including |
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investigations conducted by adult protective services under |
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Section 48.252 or under Section 261.404, Family Code [other than
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investigations of the alleged abuse, neglect, or exploitation of an
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elderly person or person with a disability:
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[(A)
in a facility operated, or in a facility or
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by a person licensed, certified, or registered, by a state agency;
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or
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[(B)
by a provider that has contracted to provide
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home and community-based services]; and |
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(3) prevention and early intervention services |
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functions, including: |
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(A) prevention and early intervention services |
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as defined under Section 265.001, Family Code; and |
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(B) programs that: |
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(i) provide parent education; |
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(ii) promote healthier parent-child |
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relationships; or |
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(iii) prevent family violence. |
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SECTION 3. Section 531.02011, Government Code, is amended |
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to read as follows: |
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Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION. |
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On the dates specified in the transition plan required under |
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Section 531.0204, the following functions are transferred to the |
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commission as provided by this subchapter: |
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(1) all functions of each state agency and entity |
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subject to abolition under Section 531.0202(b) that remained with |
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the agency or entity after the initial transfer of functions under |
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Section 531.0201 or a transfer of administrative support services |
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functions under Section 531.02012; |
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(2) regulatory functions and functions related to |
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state-operated institutions of the Department of State Health |
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Services; and |
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(3) regulatory functions of the Department of Family |
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and Protective Services, other than regulatory functions of the |
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department's adult protective services program involving |
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investigations conducted under Section 48.252, Human Resources |
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Code, or Section 261.404, Family Code. |
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SECTION 4. Section 531.02013, Government Code, is amended |
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to read as follows: |
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Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. |
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The following functions are not subject to transfer under Sections |
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531.0201 and 531.02011: |
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(1) the functions of the Department of Family and |
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Protective Services, including the statewide intake of reports and |
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other information, related to the following: |
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(A) child protective services, including |
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services that are required by federal law to be provided by this |
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state's child welfare agency; |
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(B) adult protective services, including |
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investigations conducted by adult protective services under |
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Section 48.252, Human Resources Code, or Section 261.404, Family |
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Code [other than investigations of the alleged abuse, neglect, or
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exploitation of an elderly person or person with a disability:
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[(i)
in a facility operated, or in a
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facility or by a person licensed, certified, or registered, by a
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state agency; or
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[(ii)
by a provider that has contracted to
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provide home and community-based services]; and |
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(C) prevention and early intervention services; |
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and |
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(2) the public health functions of the Department of |
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State Health Services, including health care data collection and |
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maintenance of the Texas Health Care Information Collection |
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program. |
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SECTION 5. This Act takes effect September 1, 2017. |