81R10215 CS-D
By: Castro H.B. No. 4373
A BILL TO BE ENTITLED
AN ACT
relating to the independent office of consumer affairs for the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Human Resources Code, is
amended by adding Chapter 41 to read as follows:
CHAPTER 41. INDEPENDENT OFFICE OF CONSUMER AFFAIRS FOR THE
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 41.001. DEFINITIONS. In this chapter:
(1) "Director" means the director of the independent
office of consumer affairs created under this chapter.
(2) "Office" means the independent office of consumer
affairs for the Department of Family and Protective Services
created under this chapter.
Sec. 41.002. ESTABLISHMENT; PURPOSE. The independent
office of consumer affairs for the Department of Family and
Protective Services is a state agency established for the purpose
of investigating, evaluating, and securing the rights of the
children and families receiving child protection or child welfare
services from the department.
Sec. 41.003. INDEPENDENCE. (a) The office in the
performance of its duties and powers under this chapter acts
independently of the commission and the department.
(b) Funding for the office is appropriated separately from
funding for the commission and the department.
[Sections 41.004-41.050 reserved for expansion]
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 41.051. APPOINTMENT BY GOVERNOR. (a) The governor
shall appoint the director of the office with the advice and consent
of the senate for a term of two years, expiring February 1 of
odd-numbered years.
(b) A person appointed as director of the office is eligible
for reappointment.
Sec. 41.052. ASSISTANTS. The director may hire assistants
to perform, under the direction of the director, the same duties and
exercise the same powers as the director.
Sec. 41.053. CONFLICT OF INTEREST. (a) A person may not
serve as director or as an assistant to the director if the person
or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission or department;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the commission or department; or
(3) uses or receives any amount of tangible goods,
services, or funds from the commission or department.
(b) A person may not serve as director or as an assistant to
the director if the person or the person's spouse 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.
Sec. 41.054. SUNSET PROVISION. The office is subject to
review under Chapter 325, Government Code (Texas Sunset Act), but
is not abolished under that chapter. The office shall be reviewed
during the periods in which state agencies abolished in 2011 and
every 12th year after 2011 are reviewed.
Sec. 41.055. REPORT. The director shall submit on a
quarterly basis to the governor, the lieutenant governor, and each
member of the legislature a report that describes:
(1) the work of the office;
(2) the results of any review or investigation
undertaken by the office, including reviews or investigation of
services contracted by the commission; and
(3) any recommendations that the director has in
relation to the duties of the office.
Sec. 41.056. COMMUNICATION AND CONFIDENTIALITY. The name,
address, or other personally identifiable information of a person
who files a complaint with the office, information generated by the
office in the course of an investigation, and confidential records
obtained by the office are confidential and not subject to
disclosure under Chapter 552, Government Code, except that the
information and records, other than confidential information and
records concerning a pending law enforcement investigation or
criminal action, may be disclosed to the appropriate person if the
office determines that disclosure is:
(1) in the general public interest;
(2) necessary to enable the office to perform the
responsibilities provided under this section; or
(3) necessary to identify, prevent, or treat the abuse
or neglect of a child.
Sec. 41.057. PROMOTION OF AWARENESS OF OFFICE. The office
shall promote awareness among the public and the children and
families receiving services from the department of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 41.058. RULEMAKING AUTHORITY. The office by rule
shall establish policies and procedures for the operations of the
office.
Sec. 41.059. AUTHORITY OF STATE AUDITOR. The office is
subject to audit by the state auditor in accordance with Chapter
321, Government Code.
[Sections 41.060-41.100 reserved for expansion]
SUBCHAPTER C. DUTIES AND POWERS
Sec. 41.101. DUTIES AND POWERS. (a) The office shall:
(1) review the procedures established by the
department and evaluate the delivery of services to children and
families to ensure that the rights of individuals receiving
services are fully observed;
(2) review complaints filed with the office concerning
the actions of the department and investigate each complaint in
which it appears that an individual may be in need of assistance
from the office;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) a child or the child's family may be in need
of assistance from the office; or
(B) a systemic issue in the department's
provision of services is raised by a complaint;
(4) provide assistance to a child or family who the
office determines is in need of assistance, including advocating
with an agency, provider, or other person in the best interests of
the child or family; and
(5) make appropriate referrals under any of the duties
and powers listed in this subsection.
(b) To assess if an individual's rights have been violated,
the office may, in any matter that does not involve alleged criminal
behavior, contact or consult with an administrator, employee,
child, parent, expert, or any other individual in the course of its
investigation or to secure information.
(c) Notwithstanding any other provision of this chapter,
the office may not investigate alleged criminal behavior.
Sec. 41.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH
OFFICE. The commission and the department may not discharge or in
any manner discriminate or retaliate against an employee who in
good faith makes a complaint to the office or cooperates with the
office in an investigation.
Sec. 41.103. TRAINING. The director or the director's
designee may participate in appropriate professional training.
[Sections 41.104-41.150 reserved for expansion]
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 41.151. ACCESS TO INFORMATION OF GOVERNMENTAL
ENTITIES. The commission and the department shall allow the office
access to its records relating to the individuals receiving
services from the department.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint the director of the
independent office of consumer affairs for the Department of Family
and Protective Services as required by Section 41.051, Human
Resources Code, as added by this Act, for a term expiring February
1, 2011.
SECTION 3. On the effective date of this Act:
(1) all functions and activities performed by, and all
records and property of, the center for consumer affairs of the
Department of Family and Protective Services are transferred to the
independent office of consumer affairs for that department as
established under Chapter 41, Human Resources Code, as added by
this Act;
(2) a reference in law to the center for consumer
affairs of the Department of Family and Protective Services is a
reference to the independent office of consumer affairs for that
department as established under Chapter 41, Human Resources Code,
as added by this Act; and
(3) an investigation being conducted by the center for
consumer affairs of the Department of Family and Protective
Services is transferred to and considered an investigation of the
independent office of consumer affairs for that department as
established under Chapter 41, Human Resources Code, as added by
this Act.
SECTION 4. This Act takes effect September 1, 2009.