86R1964 JCG-D

By: Nelson S.B. No. 241

A BILL TO BE ENTITLED

AN ACT

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

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

ARTICLE 1. REPORTS REQUIRED OF STATE AGENCIES

SECTION 1.01. 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 Chapters 39 and 39A [and provide annual progress reports to the governor, Legislative Budget Board, and commissioner of education].

SECTION 1.02. Section 51.883, Education Code, is amended to read as follows:

Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE AUTO-INJECTOR. (a) Not later than the 10th business day after the date a personnel member or volunteer administers an epinephrine auto-injector in accordance with a policy adopted under Section 51.882(a), the institution of higher education shall report the information required under Subsection (b) of this section to:

(1) the physician who prescribed the epinephrine auto-injector; and

(2) the executive commissioner of the Health and Human Services Commission [state health services].

(b) The report required under this section must include the following information:

(1) the age of the person who received the administration of the epinephrine auto-injector;

(2) whether the person who received the administration of the epinephrine auto-injector was a student, a personnel member, or a visitor;

(3) the physical location where the epinephrine auto-injector was administered;

(4) the number of doses of epinephrine auto-injector administered;

(5) the title of the person who administered the epinephrine auto-injector; and

(6) any other information required by the executive commissioner of the Health and Human Services Commission [state health services].

SECTION 1.03. Sections 531.421(3) and (4), Government Code, are amended to read as follows:

(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 1.04. 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 a deadline for submitting the reports that is[. The time frame for completing the reports must be] coordinated with any regional reviews by the commission of the delivery of related services.

SECTION 1.05. 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 Chapter 23 (S.B. [No.] 491), Acts of the 78th Legislature, Regular Session, 2003, and with the continuum of care developed under Section 533.040(d), Health and Safety Code [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 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 1.06. Section 2003.108, Government Code, is amended to read as follows:

Sec. 2003.108. PENDING CASE STATUS REVIEW [REPORTS]. [(a) The office shall provide the comptroller a monthly status report that lists pending cases and provides information on any case that exceeds the comptroller's time lines for issuing a proposal for decision or an agreed order.

[(b)] At least quarterly, the office shall review with the comptroller and appropriate staff of the office the status of pending cases under this subchapter.

[(c) The office shall provide a quarterly report to the comptroller on services performed by the office for the comptroller under this subchapter.]

SECTION 1.07. Section 2054.075(b), Government Code, is amended to read as follows:

(b) Each state agency [shall provide that its] information resources manager is part of the agency's executive management and reports directly [to a person with a title functionally equivalent] to the executive head [director] or deputy executive head of the agency [director]. Each state agency shall report to the department the extent and results of its compliance with this subsection and include with the report an organizational chart showing the structure of the personnel in the agency's executive management. The [, and the] department shall report the extent and results of state agencies' compliance with this subsection to the legislature.

SECTION 1.08. Section 2054.100(a), Government Code, is amended to read as follows:

(a) Each state agency shall submit an operating plan to the Legislative Budget Board, [the department,] the quality assurance team, and the governor each state fiscal biennium in accordance with the directions of the Legislative Budget Board.

SECTION 1.09. Section 2054.103, Government Code, is amended to read as follows:

Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state agency shall send a copy of its biennial operating plan and of any amendments to the plan, as approved by the Legislative Budget Board, to the governor[, the department,] and the state auditor not later than the 30th day after the date the Legislative Budget Board approves the plan or amendment, as applicable.

SECTION 1.10. Section 2054.304(b), Government Code, is amended to read as follows:

(b) Except as provided by Subsection (c), the state agency must file the project plan with the quality assurance team [and the department] before the agency:

(1) spends more than 10 percent of allocated funds for the project or major contract; or

(2) first issues a vendor solicitation for the project or contract.

SECTION 1.11. 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; and

(5) [the Sunset Advisory Commission;

[(6)] the state auditor[; and

[(7) the Department of Information Resources].

SECTION 1.12. 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 1.13. Sections 2102.0091(a), (c), and (d), Government Code, are 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.

(c) In addition to the requirements of Subsection (a), a state agency shall file with the division of the governor's office responsible for budget and policy [Governor's Office of Budget, Planning, and Policy], the state auditor, and the Legislative Budget Board any action plan or other response issued by the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board in response to the report of the state agency's internal auditor.

(d) If the state agency does not file the report as required by this section, the Legislative Budget Board or the division of the governor's office responsible for budget and policy [Governor's Office of Budget, Planning, and Policy] may take appropriate action to compel the filing of the report.

SECTION 1.14. Section 2176.005(a), Government Code, is amended to read as follows:

(a) A state agency in Travis County shall periodically send to the governor [and the legislative budget office] a report of its progress in achieving the objectives for and the revisions of mail operations established under Section 2176.004, including an analysis of savings projected from the resulting improvements in managing mail.

SECTION 1.15. Sections 2205.039(a) and (b), Government Code, are amended to read as follows:

(a) The [Legislative Budget Board, in cooperation with the] department[,] shall prescribe:

(1) a travel log form for gathering information about the use of state-operated aircraft;

(2) procedures to ensure that individuals who travel as passengers on or operate state-operated aircraft provide in a legible manner the information requested of them by the form; and

(3) procedures for each state agency that operates an aircraft for sending the form to the department [and the Legislative Budget Board].

(b) The travel log form must request the following information about a state-operated aircraft each time the aircraft is flown:

(1) a mission statement, which may appear as a selection to be identified from general categories appearing on the form;

(2) the name, state agency represented, destination, and signature of each person who is a passenger or crew member of the aircraft;

(3) the date of each flight;

(4) a detailed and specific description of the official business purpose of each flight; and

(5) other information determined by the [Legislative Budget Board and the] department to be necessary to monitor the proper use of the aircraft.

SECTION 1.16. 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 1.17. 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 1.18. Section 388.006, Health and Safety Code, is amended to read as follows:

Sec. 388.006. STATE ENERGY CONSERVATION OFFICE EVALUATION. The State Energy Conservation Office annually shall provide the [commission and the] laboratory with an evaluation of the effectiveness of state and political subdivision energy efficiency programs, including programs under this chapter. The laboratory shall calculate, based on the evaluation and the forms submitted to the office, the amount of energy savings and estimated reduction in pollution achieved as a result of the implementation of programs. The laboratory shall share the information with the commission, the United States Environmental Protection Agency, and the Electric Reliability Council of Texas to help with long-term forecasting and in estimating pollution reduction.

SECTION 1.19. Section 533A.006(a), Health and Safety Code, is amended to read as follows:

(a) The executive commissioner [department] shall report to the Texas Medical Board any allegation received by the commission [department] that a physician employed by or under contract with the commission [department] in relation to services provided under this title has committed an action that constitutes a ground for the denial or revocation of the physician's license under Section 164.051, Occupations Code. The report must be made in the manner provided by Section 154.051, Occupations Code.

SECTION 1.20. Sections 555.102(c) and (d), Health and Safety Code, are amended to read as follows:

(c) The inspector general shall deliver the summary report to the:

(1) executive commissioner;

(2) [commissioner of the department;

[(3) commissioner of the Department of Family and Protective Services;

[(4) Aging and Disability Services Council;

[(5)] governor;

(3) [(6)] lieutenant governor;

(4) [(7)] speaker of the house of representatives;

(5) [(8)] standing committees of the senate and house of representatives with primary jurisdiction over centers;

(6) [(9)] state auditor;

(7) [(10) the] independent ombudsman and the assistant ombudsman for the center involved in the report; and

(8) [(11) the] alleged victim or the alleged victim's legally authorized representative.

(d) A summary report regarding an investigation is subject to required disclosure under Chapter 552, Government Code. All information and materials compiled by the inspector general in connection with an investigation are confidential, and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the inspector general or the inspector general's employees or agents involved in the investigation, except that this information may be disclosed to [the Department of Family and Protective Services,] the office of the attorney general, the state auditor's office, and law enforcement agencies.

SECTION 1.21. Section 555.103(c), Health and Safety Code, is amended to read as follows:

(c) The inspector general shall submit the annual status report to the:

(1) executive commissioner;

(2) [commissioner of the department;

[(3) commissioner of the Department of Family and Protective Services;

[(4) Aging and Disability Services Council;

[(5) Family and Protective Services Council;

[(6)] governor;

(3) [(7)] lieutenant governor;

(4) [(8)] speaker of the house of representatives;

(5) [(9)] standing committees of the senate and house of representatives with primary jurisdiction over centers;

(6) [(10)] state auditor; and

(7) [(11)] comptroller.

SECTION 1.22. Section 574.014(a), Health and Safety Code, is amended to read as follows:

(a) The clerk of each court with jurisdiction to order commitment under this chapter shall provide the Office of Court Administration each month with a report of the number of applications for commitment orders for involuntary mental health services filed with the court and the disposition of those cases, including the number of commitment orders for inpatient and outpatient mental health services. The Office of Court Administration shall make the reported information available to the Health and Human Services Commission [department] annually.

SECTION 1.23. 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 1.24. Section 412.053(b), Labor Code, is amended to read as follows:

(b) The information shall be reported not later than the 60th day after [before] the last day of each fiscal year.

SECTION 1.25. Section 413.0515, Labor Code, is amended to read as follows:

Sec. 413.0515. REPORTS OF PHYSICIAN AND CHIROPRACTOR VIOLATIONS. (a) If the division or the Texas Medical [State] Board [of Medical Examiners] discovers an act or omission by a physician that may constitute a felony, a misdemeanor involving moral turpitude, a violation of state or federal narcotics or controlled substance law, an offense involving fraud or abuse under the Medicare or Medicaid program, or a violation of this subtitle, the discovering agency shall report in a widely used electronic format that act or omission to the other agency.

(b) If the division or the Texas Board of Chiropractic Examiners discovers an act or omission by a chiropractor that may constitute a felony, a misdemeanor involving moral turpitude, a violation of state or federal narcotics or controlled substance law, an offense involving fraud or abuse under the Medicare or Medicaid program, or a violation of this subtitle, the discovering agency shall report in a widely used electronic format that act or omission to the other agency.

SECTION 1.26. Section 161.2111, Natural Resources Code, is amended to read as follows:

Sec. 161.2111. REPORT TO BOND REVIEW BOARD. When the Veterans' Land Board applies under Subchapter C, Chapter 1231, Government Code, for the Bond Review Board's approval of a bond issuance, or on request of the Bond Review Board, with [With] respect to purchases made under this chapter, the Veterans' Land Board shall file [annually] with the Bond Review Board a report on the performance of loans made by the Veterans' Land Board in connection with the purchases. The Bond Review Board shall review the reports filed by the Veterans' Land Board under this section to assess the performance of loans made under this chapter. The filing dates and the contents of the reports must comply with any rules adopted by the Bond Review Board.

SECTION 1.27. Section 162.003(e), Natural Resources Code, is amended to read as follows:

(e) When the Veterans' Land Board applies under Subchapter C, Chapter 1231, Government Code, for the Bond Review Board's approval of a bond issuance, or on request of the Bond Review Board, with [With] respect to loans made under the program, the Veterans' Land Board shall file [annually] with the Bond Review Board a report on the performance of the loans. The Bond Review Board shall review the reports filed by the Veterans' Land Board under this subsection to assess the performance of loans made under the program. The filing dates and the contents of the reports must comply with any rules adopted by the Bond Review Board.

SECTION 1.28. Section 13.063, Utilities Code, is amended to read as follows:

Sec. 13.063. ANNUAL REPORT [REPORTS]. [(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 1.29. Sections 27.0516(k) and (m), Water Code, are amended to read as follows:

(k) Notwithstanding Subsection (h)(3), a general permit may authorize the owner of an injection well authorized under Subsection (f)(2) or (3) to continue operating the well for the purpose of implementing the desalination or engineered aquifer storage and recovery project following completion of the small-scale research project, provided that:

(1) the injection well owner timely submits the information collected as part of the research project, including monitoring reports and information regarding the environmental impact of the well, to the commission;

(2) the injection well owner, following the completion of studies and monitoring adequate to characterize risks to the fresh water portion of the Edwards Aquifer and other fresh water associated with the continued operation of the well, and at least 90 days before the date the owner initiates commercial well operations, files with the commission a notice of intent to continue operation of the well after completion of the research project; and

(3) the commission, based on the studies and monitoring[, the report provided by Texas State University--San Marcos under Subsection (l)(2),] and any other reasonably available information, determines that continued operation of the injection well as described in the notice of intent does not pose an unreasonable risk to the fresh water portion of the Edwards Aquifer or other fresh water associated with the continued operation of the well.

(m) The commission shall make the information provided by the owner of the injection well under Subsection (k)(1) [and the report provided by Texas State University--San Marcos under Subsection (l)(2)] easily accessible to the public in a timely manner. The permit may authorize the owner of the well to continue operating the well following completion of the research project pending the determination by the commission.

ARTICLE 2. CONFORMING AMENDMENTS REGARDING COLONIAS PROJECTS

ADMINISTERED BY STATE AGENCIES

SECTION 2.01. The heading to Section 51.0052, Education Code, is amended to read as follows:

Sec. 51.0052. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.02. Section 51.0052(d), Education Code, is amended to read as follows:

(d) Regarding any projects funded by an institution of higher education that provide assistance to colonias, the [The] institution of higher education shall require an applicant for the funds [administered by the institution] to submit to the institution a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the institution of higher education may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the institution, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

SECTION 2.03. The heading to Section 487.060, Government Code, is amended to read as follows:

Sec. 487.060. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.04. Section 487.060(d), Government Code, is amended to read as follows:

(d) Regarding any projects funded by the department that serve colonias by providing water or wastewater services, paved roads, or other assistance, the [The] department shall require an applicant for the funds [administered by the department] to submit to the department a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the department may contact the secretary of state or the secretary of state's representative to obtain a number. On request of the department, the secretary of state or the secretary of state's representative shall assign a classification number.

SECTION 2.05. The heading to Section 531.0141, Government Code, is amended to read as follows:

Sec. 531.0141. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.06. Section 531.0141(d), Government Code, is amended to read as follows:

(d) Regarding any projects funded by the commission that provide assistance to colonias, the [The] commission shall require an applicant for the funds [administered by the commission] to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

SECTION 2.07. The heading to Section 2306.083, Government Code, is amended to read as follows:

Sec. 2306.083. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.08. Section 2306.083(d), Government Code, is amended to read as follows:

(d) Regarding any projects funded by the department that provide assistance to colonias, the [The] department shall require an applicant for the funds [administered by the department] to submit to the department a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the department may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the department, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

SECTION 2.09. The heading to Section 1001.033, Health and Safety Code, is amended to read as follows:

Sec. 1001.033. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.10. Section 1001.033(d), Health and Safety Code, is amended to read as follows:

(d) Regarding any projects funded by the commission that provide assistance to colonias, the [The] commission shall require an applicant for the funds [administered by the commission] to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

SECTION 2.11. The heading to Section 201.116, Transportation Code, is amended to read as follows:

Sec. 201.116. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.12. Section 201.116(d), Transportation Code, is amended to read as follows:

(d) Regarding any projects funded by the commission that serve colonias by providing paved roads or other assistance, the [The] commission shall require an applicant for the funds [administered by the commission] to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

SECTION 2.13. The heading to Section 5.1781, Water Code, is amended to read as follows:

Sec. 5.1781. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.14. Section 5.1781(d), Water Code, is amended to read as follows:

(d) Regarding any projects funded by the commission that provide assistance to colonias, the [The] commission shall require an applicant for the funds [administered by the commission] to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

SECTION 2.15. The heading to Section 6.1565, Water Code, is amended to read as follows:

Sec. 6.1565. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS [REPORT TO SECRETARY OF STATE].

SECTION 2.16. Section 6.1565(d), Water Code, is amended to read as follows:

(d) Regarding any projects funded by the board that serve colonias by providing water or wastewater services or other assistance, the [The] board shall require an applicant for the funds [administered by the board] to submit to the board a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application. If a colonia does not have a classification number, the board may contact the secretary of state or the secretary of state's representative to obtain the classification number. On request of the board, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.

ARTICLE 3. REPEALER AND EFFECTIVE DATE

SECTION 3.01. The following provisions are repealed:

(1) Sections 51.0052(b) and (c) and 61.506(g), Education Code;

(2) Sections 487.060(b) and (c), 531.0141(b) and (c), 2206.101(d), 2306.070, and 2306.083(b) and (c), Government Code;

(3) Sections 361.0215(d), 533.006, and 1001.033(b) and (c), Health and Safety Code;

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

(5) Sections 201.116(b) and (c), Transportation Code; and

(6) Sections 5.1781(b) and (c), 6.1565(b) and (c), 26.3574(x), and 27.0516(l), Water Code.

SECTION 3.02. This Act takes effect September 1, 2019.