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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of the Health and Human Services function |
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of regulating facilities and family homes under Chapter 42, Human |
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Resources Code, to the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Section 531.0084, Government Code is |
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deleted and (b) Sections 531.02011 and 531.02013, Government Code, |
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are amended to read as follows: |
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Sec. 531.0084. INVESTIGATION UNIT FOR ILLEGALLY OPERATING |
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CHILD-CARE FACILITIES. The executive commissioner shall maintain a |
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unit within the child-care licensing division of the commission |
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consisting of investigators whose primary responsibility is to: |
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(1) identify child-care facilities that are operating |
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without a license, certification, registration, or listing |
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required by Chapter 42, Human Resources Code; and |
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(2) initiate appropriate enforcement actions against |
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those facilities. |
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Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION. |
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(a) 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. |
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(b) Notwithstanding Subdivision (a)(3) of this section, the |
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function of regulating facilities and family homes under Chapter |
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42, Human Resources Code, will be performed by the Department of |
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Family and Protective Services effective September 1, 2021 as |
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provided in Section 531.02013(b). As soon as possible after the |
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effective date of this Act, the Commission shall transfer any and |
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all Commission funds, staff, and resources necessary for the |
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Department of Family and Protective Services to assume the function |
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of regulating facilities and family homes under Chapter 42, Human |
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Resources Code. |
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Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. |
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(a) The following functions are not subject to transfer under |
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Sections 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, 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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(i) in a facility operated, or in a facility |
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or by a person licensed, certified, or registered, by a state |
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agency; or |
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(ii) by a provider that has contracted to |
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provide home and community-based services; |
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(C) prevention and early intervention services; |
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and |
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(D) investigations of alleged abuse, neglect, or |
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exploitation occurring at a child-care facility, as that term is |
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defined in Section 40.042, Human Resources Code; 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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(b) Effective September 1, 2021, the function of regulating |
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facilities and family homes under Chapter 42, Human Resources Code, |
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will be transferred to the Department of Family and Protective |
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Services. |
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Sec. 531.951. APPLICABILITY. (a) This subchapter applies |
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only to the final licensing, listing, or registration decisions of |
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a health and human services agency with respect to a person under |
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the law authorizing the agency to regulate the following types of |
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persons: |
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(1) a youth camp licensed under Chapter 141, Health |
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and Safety Code; |
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(2) a home and community support services agency |
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licensed under Chapter 142, Health and Safety Code; |
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(3) a hospital licensed under Chapter 241, Health and |
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Safety Code; |
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(4) an institution licensed under Chapter 242, Health |
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and Safety Code; |
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(5) an assisted living facility licensed under Chapter |
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247, Health and Safety Code; |
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(6) a special care facility licensed under Chapter |
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248, Health and Safety Code; |
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(7) an intermediate care facility licensed under |
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Chapter 252, Health and Safety Code; |
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(8) a chemical dependency treatment facility licensed |
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under Chapter 464, Health and Safety Code; |
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(9) a mental hospital or mental health facility |
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licensed under Chapter 577, Health and Safety Code; |
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(10) a child-care facility or child-placing agency |
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licensed under or a family home listed or registered under Chapter |
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42, Human Resources Code; or |
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(1011) a day activity and health services facility |
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licensed under Chapter 103, Human Resources Code. |
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(b) This subchapter does not apply to an agency decision |
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that did not result in a final order or that was reversed on appeal. |
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SECTION 2. Sections 40.0025, 40.042, and 40.0505, Human |
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Resources Code, are amended to read as follows: |
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Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section, |
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"function" includes a power, duty, program, or activity and an |
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administrative support services function associated with the |
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power, duty, program, or activity, unless consolidated under |
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Section 531.02012, Government Code. |
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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, 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 by |
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a person licensed, certified, or registered, by a state agency; 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; and |
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(4) services related to regulation of facilities and |
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family homes under Chapter 42, Human Resources Code. |
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Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND |
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EXPLOITATION. (a) In this section, "child-care facility" includes |
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a facility, licensed or unlicensed child-care facility, family |
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home, residential child-care facility, employer-based day-care |
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facility, or shelter day-care facility regulated by the department, |
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as those terms are defined in Chapter 42. |
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(b) For all investigations of child abuse, neglect, or |
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exploitation conducted by the child protective investigations |
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services division of the department, the department shall adopt the |
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definitions of abuse, neglect, and exploitation provided in Section |
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261.001, Family Code. |
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(c) The department shall establish standardized policies to |
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be used during investigations. |
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(d) The commissioner shall establish units within the child |
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protective investigationsservices division of the department to |
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specialize in investigating allegations of child abuse, neglect, or |
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exploitation occurring at a child-care facility. |
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(e) The department may require that investigators who |
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specialize in allegations of child abuse, neglect, and exploitation |
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occurring at child-care facilities receive ongoing training on the |
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minimum licensing standards for any facilities that are applicable |
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to the investigator's specialization. |
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(f) Upon initiation ofAfter an investigation by the child |
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protective investigations division of the department of abuse, |
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neglect, or exploitation occurring at a child-care facility, the |
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child protective investigations divisiondepartment shall |
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collaborate and share case information with the division of the |
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department responsibleprovide the state agency responsible for |
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regulating the facility in order for the regulatory division to |
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conduct related inspections and non-abuse, neglect, or |
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exploitation investigationswith access to any information |
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relating to the department's investigation. Providing access to |
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confidential information under this subsection does not constitute |
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a waiver of confidentiality. |
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(g) The executive commissioner or the commissioner of the |
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department, as appropriate, may adopt rules to implement this |
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section. |
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Sec. 40.0505. DIVISIONS OF DEPARTMENT. (a) The |
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commissioner shall establish the following divisions and offices |
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within the department: |
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(1) an investigations division; |
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(2) a consolidated data division; |
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(3) a legal division that oversees the following: |
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(A) legal matters relating to human resources, as |
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necessary to manage the department's workforce and establish the |
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department's hiring and termination policies; |
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(B) open records; |
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(C) privacy and confidentiality; |
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(D) litigation; and |
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(E) contract compliance; |
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(4) an operations division that oversees department |
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operations and human resources functions of the department; and |
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(5) a financial management and accounting services |
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division; |
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(6) a regulatory division to perform the function of |
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overseeing and regulating facilities and family homes under Chapter |
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42. |
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(b) The commissioner may establish additional divisions |
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within the department as the commissioner determines appropriate. |
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(c) The commissioner may assign department functions among |
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the department's divisions. |
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SECTION 3. Sections 42.00311, Human Resources Code, is |
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added and 42.0211, Human Resources Code, is amended to read as |
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follows: |
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Sec. 42.00311. REFERENCES IN LAW MEANING DEPARTMENT OR |
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DEPARTMENT COMMISSIONER. In this chapter, a reference to the |
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department or the commission means the Department of Family and |
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Protective Services. A reference to the commissioner or executive |
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commissioner means the commissioner of the Department of Family and |
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Protective Services. |
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Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND |
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PERFORMANCE MANAGEMENT, AND UNIT FOR ILLEGALLY OPERATING |
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CHILD-CARE FACILITIES. (a) The division shall employ at least one |
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specially trained investigation safety specialist, whose duties |
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include the duty to: |
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(1) review and evaluate the intake of reports that |
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include allegations associated with a higher risk of harm to the |
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child; and |
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(2) consult with the assigned investigator to provide |
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specialized guidance and resources to assist the investigation. |
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(b) The division shall employ at least one risk analyst, |
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whose duties include the duty to: |
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(1) identify facilities, including child-placing |
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agencies, whose compliance histories indicate the potential for a |
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higher risk of harm to children in the care of the facility; |
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(2) review the monitoring and inspection reports for |
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any facilities described by Subdivision (1) to assess the quality |
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of the investigation or monitoring; and |
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(3) identify any additional monitoring or enforcement |
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action that may be appropriate to ensure the safety of a child in |
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the care of the facility. |
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(c) The division must include a performance management unit |
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with duties that include: |
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(1) conducting quality assurance reviews of randomly |
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selected monitoring and investigative reports to ensure compliance |
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with all relevant laws, rules, and agency policies; and |
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(2) making recommendations to improve the quality and |
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consistency of monitoring and investigations. |
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(d) The division must include a unit consisting of |
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investigators whose primary responsibility is to: |
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(1) identify child-care facilities that are operating |
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without a license, certification, registration, or listing |
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required by this Chapter; and |
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(2) initiate appropriate enforcement actions against |
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those facilities. |
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SECTION 4. This Act takes effect September 1, 2021. |