88R4072 MLH-D

By: Kolkhorst S.B. No. 2525

A BILL TO BE ENTITLED

AN ACT

relating to creating the Family and Protective Services Board.

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

ARTICLE 1. CREATION OF FAMILY AND PROTECTIVE SERVICES BOARD

SECTION 1.01. Section 40.001, Human Resources Code, is amended by adding Subdivision (1) to read as follows:

(1) "Board" means the Family and Protective Services Board.

SECTION 1.02. Chapter 40, Human Resources Code, is amended by adding Subchapters D and E to read as follows:

SUBCHAPTER D. FAMILY AND PROTECTIVE SERVICES BOARD

Sec. 40.101. BOARD. (a) The Family and Protective Services Board consists of five members appointed by the governor with the advice and consent of the senate.

(b) The members shall be appointed to reflect the diverse geographic regions and population groups of this state. One member must reside in a rural area and be a registered voter of a county with a population of less than 150,000.

(c) A member of the board may not accept a contribution to a campaign for election to an elected office. If a board member accepts a campaign contribution, the person is considered to have resigned from the office and the office immediately becomes vacant. The vacancy shall be filled in the manner provided by law.

(d) Each member of the board must represent the general public.

(e) A person is not eligible to serve as a member of the board if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization that is regulated by or receives funds from the department;

(2) directly or indirectly owns or controls more than 10 percent interest in a business entity or other organization that is regulated by or receives funds from the department;

(3) uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses; or

(4) is registered, certified, or licensed by a regulatory agency in the field of child welfare services.

(f) A person may not be a member of the board or act as the general counsel to the board or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.

(g) Appointments to the board shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.

Sec. 40.102. TERMS. Members of the board serve staggered six-year terms, with the terms of either one or two members expiring February 1 of each odd-numbered year.

Sec. 40.103. PRESIDING OFFICER. (a) The governor shall designate one board member to serve as the presiding officer of the board.

(b) The presiding officer shall:

(1) preside over board meetings, make rulings on motions and points of order, and determine the order of business;

(2) represent the department in dealing with the governor;

(3) report to the board the governor's suggestions for department operations;

(4) create subcommittees, appoint board members to subcommittees, and receive the reports of subcommittees to the board as a whole; and

(5) appoint a board member to act in the presiding officer's absence.

Sec. 40.104. BOARD MEETINGS. The board shall hold regular meetings at least once a month and special meetings at the call of the presiding officer. Board members shall attend the meetings of the board. The presiding officer shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each board member at least seven days before the meeting.

Sec. 40.105. COMPENSATION. A member of the board is entitled to compensation as provided by the General Appropriations Act. If compensation for members is not provided by that Act, each member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the board.

Sec. 40.106. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board if a board member:

(1) does not have at the time of taking office or maintain during service on the board the qualifications required by Section 40.101;

(2) violates a prohibition provided by Section 40.101;

(3) cannot discharge the board member's duties for a substantial part of the term for which the board member is appointed because of illness or disability; or

(4) is absent from more than half of the regularly scheduled board meetings that the board member is eligible to attend during a calendar year, unless the absence is excused by majority vote of the board.

(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c) If the commissioner knows that a potential ground for removal exists, the commissioner shall notify the presiding officer of the board of the ground, and the presiding officer shall notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal relates to the presiding officer, the commissioner shall notify another board member, who shall notify the governor and the attorney general that a potential ground for removal exists.

Sec. 40.107. INFORMATION ON QUALIFICATIONS AND CONDUCT. The department shall provide to the members of the board, as often as necessary, information concerning the members' qualifications for office and their responsibilities under applicable laws relating to standards of conduct for state officers.

Sec. 40.108. BOARD MEMBER TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) the law governing department operations;

(2) the programs, functions, rules, and budget of the department;

(3) the scope of and limitations on the rulemaking authority of the board;

(4) the results of the most recent formal audit of the department;

(5) the requirements of:

(A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and

(B) other laws applicable to members of the board in performing their duties; and

(6) any applicable ethics policies adopted by the department or the Texas Ethics Commission.

(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(d) The commissioner shall create a training manual that includes the information required by Subsection (b). The commissioner shall distribute a copy of the training manual annually to each member of the board. On receipt of the training manual, each member of the board shall sign and submit to the commissioner a statement acknowledging receipt of the training manual.

SUBCHAPTER E. BOARD'S POWERS AND DUTIES

Sec. 40.151. RULES; RECORDS. The board shall:

(1) adopt rules for the operation of the department; and

(2) maintain a record of all proceedings and official orders.

Sec. 40.152. SEPARATION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the commissioner and staff of the department.

Sec. 40.153. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop and implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.

(b) The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c) The department shall:

(1) coordinate the implementation of the policy adopted under Subsection (a);

(2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures.

ARTICLE 2. REPEAL OF FAMILY AND PROTECTIVE SERVICES COUNCIL

SECTION 2.01. Section 531.0012(c), Government Code, is amended to read as follows:

(c) A reference to any of the following councils means the executive commissioner or the executive commissioner's designee, as appropriate, and a function of any of the following councils is a function of that appropriate person:

(1) the Health and Human Services Council;

(2) the Aging and Disability Services Council;

(3) the Assistive and Rehabilitative Services Council; or

(4) [the Family and Protective Services Council; or

[(5)] the State Health Services Council.

SECTION 2.02. Section 40.002(a), Human Resources Code, is amended to read as follows:

(a) The Department of Family and Protective Services is composed of the board [council], the commissioner, an administrative staff, and other employees necessary to efficiently carry out the purposes of this chapter.

SECTION 2.03. Sections 40.045(e) and (i), Human Resources Code, are amended to read as follows:

(e) Not later than March 1 of the state fiscal year in which an efficiency audit is required under this section, the board [commissioner], in collaboration with the commissioner [council], the department's chief financial officer, and the department's internal audit director, shall select an external auditor to conduct the efficiency audit.

(i) Not later than November 1 of the calendar year an efficiency audit is conducted, the auditor shall prepare and submit a report of the audit and recommendations for efficiency improvements to the governor, the Legislative Budget Board, the state auditor, the commissioner, the board [council], and the chairs of the House Human Services Committee and the Senate Health and Human Services Committee.

SECTION 2.04. Section 552.103(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 state health services;

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

(4) State Health Services Council;

(5) Family and Protective Services Board [Council];

(6) governor;

(7) lieutenant governor;

(8) speaker of the house of representatives;

(9) standing committees of the senate and house of representatives with primary jurisdiction over state hospitals;

(10) state auditor; and

(11) comptroller.

SECTION 2.05. The following provisions of the Human Resources Code are repealed:

(1) Section 40.001(2-a);

(2) Section 40.021;

(3) Section 40.022;

(4) Section 40.023;

(5) Section 40.024;

(6) Section 40.025; and

(7) Section 40.026.

ARTICLE 3. CONFORMING CHANGES

SECTION 3.01. Sections 162.304(b-2) and (g), Family Code, are amended to read as follows:

(b-2) The Family and Protective Services Board [commissioner of the department] shall adopt rules necessary to implement Subsection (b-1), including rules that:

(1) limit eligibility for the subsidy under that subsection to a child whose adoptive family income is less than 300 percent of the federal poverty level;

(2) provide for the manner in which the department shall pay the subsidy under that subsection; and

(3) specify any documentation required to be provided by an adoptive parent as proof that the subsidy is used to obtain and maintain health benefits coverage for the adopted child.

(g) The Family and Protective Services Board [commissioner of the department] by rule shall provide that the maximum amount of the subsidy under Subsection (b) that may be paid to an adoptive parent of a child under an adoption assistance agreement is an amount that is equal to the amount that would have been paid to the foster parent of the child, based on the child's foster care service level on the date the department and the adoptive parent enter into the adoption assistance agreement. This subsection applies only to a child who, based on factors specified in rules of the department, the department determines would otherwise have been expected to remain in foster care until the child's 18th birthday and for whom this state would have made foster care payments for that care. Factors the department may consider in determining whether a child is eligible for the amount of the subsidy authorized by this subsection include the following:

(1) the child's mental or physical disability, age, and membership in a sibling group; and

(2) the number of prior placement disruptions the child has experienced.

SECTION 3.02. Section 162.3041(a-1), Family Code, is amended to read as follows:

(a-1) Notwithstanding Subsection (a), if the department first entered into an adoption assistance agreement with a child's adoptive parents after the child's 16th birthday, the department shall, in accordance with rules adopted by the Family and Protective Services Board [commissioner of the department], offer adoption assistance after the child's 18th birthday to the child's adoptive parents under an existing adoption agreement until the last day of the month of the child's 21st birthday, provided the child is:

(1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;

(2) regularly attending an institution of higher education or a postsecondary vocational or technical program;

(3) participating in a program or activity that promotes, or removes barriers to, employment;

(4) employed for at least 80 hours a month; or

(5) incapable of doing any of the activities described by Subdivisions (1)-(4) due to a documented medical condition.

SECTION 3.03. Section 263.009(a), Family Code, is amended to read as follows:

(a) The department shall hold a permanency planning meeting for each child for whom the department is appointed temporary managing conservator in accordance with a schedule adopted by the Family and Protective Services Board [commissioner of the department] by rule that is designed to allow the child to exit the managing conservatorship of the department safely and as soon as possible and be placed with an appropriate adult caregiver who will permanently assume legal responsibility for the child.

SECTION 3.04. Sections 266.001(1-a) and (1-b), Family Code, are amended to read as follows:

(1-a) "Board" means the Family and Protective Services Board.

(1-b) "Commission" means the Health and Human Services Commission.

[(1-b) "Commissioner" means the commissioner of the Department of Family and Protective Services.]

SECTION 3.05. Section 266.003(c), Family Code, is amended to read as follows:

(c) The board [commissioner] shall adopt rules necessary to implement this chapter.

SECTION 3.06. Section 266.006(b), Family Code, is amended to read as follows:

(b) The executive commissioner, in collaboration with the board [commissioner], shall adopt rules specifying the information required to be included in the passport. The required information may include:

(1) the name and address of each of the child's physicians and health care providers;

(2) a record of each visit to a physician or other health care provider, including routine checkups conducted in accordance with the Texas Health Steps program;

(3) an immunization record that may be exchanged with ImmTrac;

(4) a list of the child's known health problems and allergies;

(5) information on all medications prescribed to the child in adequate detail to permit refill of prescriptions, including the disease or condition that the medication treats; and

(6) any other available health history that physicians and other health care providers who provide care for the child determine is important.

SECTION 3.07. Section 411.114(a)(5), Government Code, is amended to read as follows:

(5) The Department of Family and Protective Services or the Health and Human Services Commission may not use the authority granted under this section to harass an employee or volunteer. The [commissioner of the Department of] Family and Protective Services Board or the executive commissioner of the Health and Human Services Commission, as applicable, shall adopt rules to prevent the harassment of an employee or volunteer through the request and use of criminal records.

SECTION 3.08. Section 531.998(b), Government Code, as amended by S.B. 213, Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:

(b) The report must be submitted to the governor, the lieutenant governor, each standing committee of the legislature with jurisdiction over matters involving the department, each member of the legislature, the executive commissioner, [and] the commissioner of the department, and the Family and Protective Services Board not later than December 1 of each year. On receipt of the report, the department and the commission shall make the report publicly available on the department's and the commission's Internet websites.

SECTION 3.09. Section 40.004, Human Resources Code, is amended to read as follows:

Sec. 40.004. PUBLIC INTEREST INFORMATION AND PUBLIC ACCESS. (a) The board [commissioner] shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board [commissioner] and to speak on any issue under the jurisdiction of the department.

(b) The board [commissioner], with the advice of the commissioner [council], shall prepare information of public interest describing the functions of the department. The commission shall make the information available to the public and appropriate state agencies.

(c) [The commissioner shall grant an opportunity for a public hearing before the council makes recommendations to the commissioner regarding a substantive rule if a public hearing is requested by:

[(1) at least 25 persons;

[(2) a governmental entity; or

[(3) an association with at least 25 members.

[(d)] The board [executive commissioner] shall consider fully all written and oral submissions about a proposed rule.

SECTION 3.10. Section 40.0041(f), Human Resources Code, is amended to read as follows:

(f) The department shall periodically prepare and deliver reports to the executive commissioner, [and] the commissioner, and the board regarding the number, type, and resolution of complaints made in the state against the department.

SECTION 3.11. Section 40.027, Human Resources Code, is amended to read as follows:

Sec. 40.027. COMMISSIONER. (a) The board [governor, with the advice and consent of the senate,] shall appoint a commissioner. The commissioner is to be selected according to education, training, experience, and demonstrated ability.

(b) The commissioner serves at the will of the board [a term of two years].

(c) The commissioner shall:

(1) act as the department's chief administrative officer;

(2) oversee the development and implementation of policies and guidelines needed for the administration of the department's functions; and

(3) [oversee the development of rules relating to the matters within the department's jurisdiction, including the delivery of services to persons and the rights and duties of persons who are served or regulated by the department; and

[(4)] serve as a liaison between the department and commission.

(d) The commissioner shall, as directed by the board, administer this chapter and other laws relating to the department.

[(e) Notwithstanding any other law, the commissioner shall adopt rules and policies for the operation of and the provision of services by the department.]

SECTION 3.12. Section 40.030, Human Resources Code, is amended to read as follows:

Sec. 40.030. ADVISORY COMMITTEES. (a) The board [commissioner] or the board's [commissioner's] designee may appoint advisory committees in accordance with Chapter 2110, Government Code.

(b) The board [commissioner] shall adopt rules, in compliance with Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by the department. The rules may include provisions governing:

(1) an advisory committee's size and quorum requirements;

(2) qualifications for membership of an advisory committee, including:

(A) requirements relating to experience and geographic representation; and

(B) requirements for the department to include as members of advisory committees youth who have aged out of foster care and parents who have successfully completed family service plans and whose children were returned to the parents, as applicable;

(3) appointment procedures for an advisory committee;

(4) terms for advisory committee members; and

(5) compliance with Chapter 551, Government Code.

SECTION 3.13. Section 40.042(g), Human Resources Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature, Regular Session, 2017, is amended to read as follows:

(g) The executive commissioner or the board [commissioner of the department], as appropriate, may adopt rules to implement this section.

SECTION 3.14. Section 40.043, Human Resources Code, is amended to read as follows:

Sec. 40.043. CHILD SAFETY AND RUNAWAY PREVENTION PROCEDURES. The board [commissioner] by rule shall establish the department's strategy to:

(1) develop trauma-informed protocols for reducing the number of incidents in which a child in the conservatorship of the department runs away from a residential treatment center; and

(2) balance measures aimed at protecting child safety with federal and state requirements related to normalcy and decision making under the reasonable and prudent parent standard prescribed by 42 U.S.C. Section 675 and Sections 264.001 and 264.125, Family Code.

SECTION 3.15. Section 40.065(b), Human Resources Code, is amended to read as follows:

(b) The department shall develop and implement a communication plan to ensure statewide public and government awareness of child abuse or neglect investigated by the department. The plan shall include information detailing the procedure followed by the department during the investigation and the responsibilities of the department in child abuse cases. In implementing the plan, the department shall establish a process for expediting the reporting of child abuse or neglect to the department. The board [executive commissioner] shall adopt rules to implement this subsection.

SECTION 3.16. Section 40.066(b), Human Resources Code, is amended to read as follows:

(b) The memorandum of understanding shall require the chief administrative law judge, the department, and the board [commissioner] to cooperate in connection with a contested case hearing and may authorize the State Office of Administrative Hearings to perform any administrative act, including the giving of notice, that is required to be performed by the department or board [commissioner].

SECTION 3.17. Section 48.0021, Human Resources Code, is amended to read as follows:

Sec. 48.0021. REFERENCE TO COMMISSION OR EXECUTIVE COMMISSIONER. In this chapter:

(1) a reference to the Health and Human Services Commission means the Department of Family and Protective Services; and

(2) a reference to the executive commissioner means the [commissioner of the Department of] Family and Protective Services Board.

SECTION 3.18. The following provisions of the Human Resources Code are repealed:

(1) Section 40.042(d), as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature, Regular Session, 2017; and

(2) Section 40.042(g), as added by Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular Session, 2017.

ARTICLE 4. TRANSITION AND EFFECTIVE DATE

SECTION 4.01. (a) Not later than January 1, 2024, the governor shall appoint members to the Family and Protective Services Board as provided by Section 40.101, Human Resources Code, as added by this Act.

(b) In appointing the initial members of the Family and Protective Services Board under Section 40.101, Human Resources Code, as added by this Act, the governor shall appoint:

(1) one member for a term expiring February 1, 2025;

(2) two members for terms expiring February 1, 2027; and

(3) two members for terms expiring February 1, 2029.

SECTION 4.02. Notwithstanding Section 40.108, Human Resources Code, as added by this Act, a person serving on the Family and Protective Services Board may vote, deliberate, and be counted as a member in attendance at a meeting of the board until April 1, 2024.

SECTION 4.03. This Act takes effect September 1, 2023.