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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of the Texas Juvenile Justice Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.011, Education Code, is amended by |
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adding Subsection (r) to read as follows: |
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(r) The Texas Juvenile Justice Department shall ensure that |
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a program created subject to the approval of the department under |
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this section prioritizes reading at grade level and preparation for |
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the general education development test. |
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SECTION 2. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0121 to read as follows: |
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Sec. 37.0121. JUVENILE JUSTICE ALTERNATIVE EDUCATION |
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PROGRAM ACCOUNTABILITY. The Texas Juvenile Justice Department |
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shall ensure that a juvenile justice alternative education program |
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is held accountable for student academic and behavioral success and |
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shall submit a performance assessment report to the Legislative |
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Budget Board and the governor on or before May 1 of each |
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even-numbered year. The report shall include: |
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(1) an assessment of the degree to which each juvenile |
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justice alternative education program enhanced the academic |
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performance and behavioral improvement of attending students; |
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(2) a detailed discussion on the use of standard |
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measures used to compare program formats and to identify those |
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juvenile justice alternative education programs most successful |
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with attending students; |
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(3) student passage rates on the assessment |
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instruments administered under Section 39.023(a) in reading and |
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mathematics for students enrolled in the juvenile justice |
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alternative education program for a period of 90 days or more; |
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(4) standardized cost reports from each juvenile |
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justice alternative education program and its contracting |
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independent school district to determine differing cost factors and |
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actual costs per each juvenile justice alternative education |
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program by school year; |
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(5) average cost per student attendance day for |
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juvenile justice alternative education program students, including |
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an itemization of the costs of providing educational services |
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mandated in Section 37.011; and |
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(6) a comprehensive five-year strategic plan for the |
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continuing evaluation of juvenile justice alternative education |
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programs, which must include oversight guidelines to improve: |
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(A) school district compliance with minimum |
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program and accountability standards; |
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(B) attendance reporting; |
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(C) the consistency of collection of costs and |
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program data; |
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(D) training; and |
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(E) technical assistance. |
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SECTION 3. Section 203.012, Human Resources Code, is |
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amended to read as follows: |
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Sec. 203.012. ANNUAL FINANCIAL REPORT. (a) The department |
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shall prepare annually a complete and detailed written report |
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accounting for all funds received and disbursed by the department |
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during the preceding fiscal year. The annual report must meet the |
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reporting requirements applicable to financial reporting provided |
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in the General Appropriations Act. |
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(b) The department shall maintain a specific accountability |
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system for tracking funds targeted at making a positive impact on |
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youth and shall implement a tracking and monitoring system so that |
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the use of all funds appropriated can be specifically identified |
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and reported to the Legislative Budget Board in the annual report to |
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be delivered not later than December 1 of each year. |
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(c) The report must include detailed monitoring, tracking, |
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utilization, and effectiveness information on all funds |
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appropriated. The report must also include information on the |
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impact of any new initiatives and all programs tracked by the |
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department and specifically include information on: |
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(1) prevention and intervention programs; |
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(2) residential placements; |
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(3) enhanced community-based services for serious and |
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chronic offenders, including sex offender treatment; |
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(4) intensive supervision and specialized |
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supervision; |
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(5) community-based services for misdemeanants no |
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longer eligible for commitment to the department; and |
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(6) commitment diversion initiatives. |
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(d) The report must include information on all training, |
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inspection, monitoring, investigation, and technical assistance |
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activities conducted using appropriated funds. Required elements |
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include training conferences held, practitioners trained, |
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facilities inspected, and investigations conducted. |
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(e) The report must: |
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(1) be accompanied by supporting documentation |
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detailing the sources and methodologies utilized to assess program |
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effectiveness and any other supporting material specified by the |
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Legislative Budget Board; |
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(2) contain a certification by the person submitting |
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the report that the information provided is true and correct based |
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upon information and belief together with supporting |
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documentation; and |
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(3) contain information on each program receiving |
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funds for prevention and intervention, including all outcome |
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measures reported by each program and information on how funds were |
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expended by each program. |
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(f) The report must provide an assessment of the |
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effectiveness of specialized treatment, emphasizing the rearrest |
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rate of offenders receiving treatment. |
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(g) In addition, the department shall report juvenile |
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probation population data as requested by the Legislative Budget |
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Board on a monthly basis for the most recent month available. The |
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department shall report to the Legislative Budget Board on all |
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populations specified by the Legislative Budget Board, including |
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additions, releases, and end-of-month populations. The department |
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shall submit end-of-fiscal-year data indicating each reporting |
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county to the Legislative Budget Board not later than two months |
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after the last day of each fiscal year. The department must use |
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Legislative Budget Board population projections for probation |
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supervision and state correctional populations when developing the |
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department's legislative appropriations requests. |
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(h) On request of the Legislative Budget Board, the |
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department shall report expenditure data by strategy or program or |
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in any other format requested. |
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SECTION 4. Chapter 203, Human Resources Code, is amended by |
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adding Sections 203.020 and 203.021 to read as follows: |
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Sec. 203.020. DIVERSION PROGRAMS FUNDS; REPORT. (a) The |
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department shall distribute grant funds for the purpose of |
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providing programs for the diversion of youth from the department. |
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(b) The department shall maintain a mechanism for tracking |
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youth served by the diversion programs to determine the long-term |
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success for diverting youth from state juvenile correctional |
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incarceration and the adult criminal justice system. |
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(c) A report on the programs' results shall be included in |
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the report that is required under Section 203.012 to be submitted to |
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the Legislative Budget Board on or before December 1 of each year. |
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Sec. 203.021. EDUCATIONAL PERFORMANCE REPORT. The |
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department shall submit a report containing statistical |
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information regarding the performance of students of the |
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department's educational programs on the Test of Adult Basic |
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Education to the Legislative Budget Board and the governor on or |
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before December 1 of each even-numbered year. |
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SECTION 5. Section 221.005, Human Resources Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The department shall provide technical assistance on |
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program design and evaluation for programs operated by juvenile |
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probation departments, including: |
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(1) providing in-depth consultative technical |
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assistance on program design, implementation, and evaluation to |
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local juvenile probation departments; |
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(2) assisting juvenile probation departments in |
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developing logic models for all programs; |
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(3) developing recommended performance measures by |
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program type; |
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(4) facilitating partnerships with universities, |
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community colleges, or larger probation departments to assist |
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departments with statistical program evaluations where feasible; |
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(5) following current research on juvenile justice |
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program design, implementation, and evaluation; and |
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(6) disseminating best practices to juvenile |
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probation departments. |
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SECTION 6. Section 242.004, Human Resources Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) The disciplinary and grievance procedures must be |
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substantially equivalent to the Texas Department of Criminal |
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Justice's employee disciplinary and grievance procedures. |
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(e) The department's disciplinary procedures must allow an |
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employee of the department to be represented by a designee of the |
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employee's selection who may participate in the hearing on behalf |
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of an employee charged with any type of disciplinary violation. |
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(f) The department's grievance procedures shall attempt to |
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solve problems through a process that recognizes the employee's |
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right to bring a grievance under the department's procedures. The |
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grievance procedures must include independent mediation or |
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independent, nonbinding arbitration of a dispute between the |
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employer and the employee if the disciplining authority recommends |
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that the employee be terminated or the employee is terminated. |
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SECTION 7. Subchapter B, Chapter 242, Human Resources Code, |
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is amended by adding Section 242.0585 to read as follows: |
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Sec. 242.0585. FEDERAL FUNDS FOR CERTAIN SERVICES. (a) The |
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department shall certify to the Department of Family and Protective |
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Services that federal financial participation can be claimed for |
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Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.), |
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services provided to a child by a county. |
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(b) The department shall direct necessary general revenue |
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funding to ensure that the amount of federal funds received under |
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Title IV-E is maximized for use by participating counties. The |
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department shall use the federal funds received for the purpose of |
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reimbursing counties for services provided to eligible children. |
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(c) When reporting federal funds to the Legislative Budget |
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Board, the department must report funds expended in the fiscal year |
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that the funds are disbursed to counties, regardless of the year in |
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which the claim was made by the county, received by the department, |
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or certified by the department. |
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SECTION 8. Section 244.009, Human Resources Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The department shall develop an approach to deliver |
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health care and psychiatric services at the best value possible. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |