Texas 2009 - 81st Regular

Texas House Bill HB4373 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10215 CS-D
2	2	By: Castro H.B. No. 4373
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the independent office of consumer affairs for the
8	8	Department of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 2, Human Resources Code, is
11	11	amended by adding Chapter 41 to read as follows:
12	12	CHAPTER 41. INDEPENDENT OFFICE OF CONSUMER AFFAIRS FOR THE
13	13	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 41.001. DEFINITIONS. In this chapter:
16	16	(1) "Director" means the director of the independent
17	17	office of consumer affairs created under this chapter.
18	18	(2) "Office" means the independent office of consumer
19	19	affairs for the Department of Family and Protective Services
20	20	created under this chapter.
21	21	Sec. 41.002. ESTABLISHMENT; PURPOSE. The independent
22	22	office of consumer affairs for the Department of Family and
23	23	Protective Services is a state agency established for the purpose
24	24	of investigating, evaluating, and securing the rights of the
25	25	children and families receiving child protection or child welfare
26	26	services from the department.
27	27	Sec. 41.003. INDEPENDENCE. (a) The office in the
28	28	performance of its duties and powers under this chapter acts
29	29	independently of the commission and the department.
30	30	(b) Funding for the office is appropriated separately from
31	31	funding for the commission and the department.
32	32	[Sections 41.004-41.050 reserved for expansion]
33	33	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
34	34	Sec. 41.051. APPOINTMENT BY GOVERNOR. (a) The governor
35	35	shall appoint the director of the office with the advice and consent
36	36	of the senate for a term of two years, expiring February 1 of
37	37	odd-numbered years.
38	38	(b) A person appointed as director of the office is eligible
39	39	for reappointment.
40	40	Sec. 41.052. ASSISTANTS. The director may hire assistants
41	41	to perform, under the direction of the director, the same duties and
42	42	exercise the same powers as the director.
43	43	Sec. 41.053. CONFLICT OF INTEREST. (a) A person may not
44	44	serve as director or as an assistant to the director if the person
45	45	or the person's spouse:
46	46	(1) is employed by or participates in the management
47	47	of a business entity or other organization receiving funds from the
48	48	commission or department;
49	49	(2) owns or controls, directly or indirectly, any
50	50	interest in a business entity or other organization receiving funds
51	51	from the commission or department; or
52	52	(3) uses or receives any amount of tangible goods,
53	53	services, or funds from the commission or department.
54	54	(b) A person may not serve as director or as an assistant to
55	55	the director if the person or the person's spouse is required to
56	56	register as a lobbyist under Chapter 305, Government Code, because
57	57	of the person's activities for compensation on behalf of a
58	58	profession related to the operation of the department.
59	59	Sec. 41.054. SUNSET PROVISION. The office is subject to
60	60	review under Chapter 325, Government Code (Texas Sunset Act), but
61	61	is not abolished under that chapter. The office shall be reviewed
62	62	during the periods in which state agencies abolished in 2011 and
63	63	every 12th year after 2011 are reviewed.
64	64	Sec. 41.055. REPORT. The director shall submit on a
65	65	quarterly basis to the governor, the lieutenant governor, and each
66	66	member of the legislature a report that describes:
67	67	(1) the work of the office;
68	68	(2) the results of any review or investigation
69	69	undertaken by the office, including reviews or investigation of
70	70	services contracted by the commission; and
71	71	(3) any recommendations that the director has in
72	72	relation to the duties of the office.
73	73	Sec. 41.056. COMMUNICATION AND CONFIDENTIALITY. The name,
74	74	address, or other personally identifiable information of a person
75	75	who files a complaint with the office, information generated by the
76	76	office in the course of an investigation, and confidential records
77	77	obtained by the office are confidential and not subject to
78	78	disclosure under Chapter 552, Government Code, except that the
79	79	information and records, other than confidential information and
80	80	records concerning a pending law enforcement investigation or
81	81	criminal action, may be disclosed to the appropriate person if the
82	82	office determines that disclosure is:
83	83	(1) in the general public interest;
84	84	(2) necessary to enable the office to perform the
85	85	responsibilities provided under this section; or
86	86	(3) necessary to identify, prevent, or treat the abuse
87	87	or neglect of a child.
88	88	Sec. 41.057. PROMOTION OF AWARENESS OF OFFICE. The office
89	89	shall promote awareness among the public and the children and
90	90	families receiving services from the department of:
91	91	(1) how the office may be contacted;
92	92	(2) the purpose of the office; and
93	93	(3) the services the office provides.
94	94	Sec. 41.058. RULEMAKING AUTHORITY. The office by rule
95	95	shall establish policies and procedures for the operations of the
96	96	office.
97	97	Sec. 41.059. AUTHORITY OF STATE AUDITOR. The office is
98	98	subject to audit by the state auditor in accordance with Chapter
99	99	321, Government Code.
100	100	[Sections 41.060-41.100 reserved for expansion]
101	101	SUBCHAPTER C. DUTIES AND POWERS
102	102	Sec. 41.101. DUTIES AND POWERS. (a) The office shall:
103	103	(1) review the procedures established by the
104	104	department and evaluate the delivery of services to children and
105	105	families to ensure that the rights of individuals receiving
106	106	services are fully observed;
107	107	(2) review complaints filed with the office concerning
108	108	the actions of the department and investigate each complaint in
109	109	which it appears that an individual may be in need of assistance
110	110	from the office;
111	111	(3) conduct investigations of complaints, other than
112	112	complaints alleging criminal behavior, if the office determines
113	113	that:
114	114	(A) a child or the child's family may be in need
115	115	of assistance from the office; or
116	116	(B) a systemic issue in the department's
117	117	provision of services is raised by a complaint;
118	118	(4) provide assistance to a child or family who the
119	119	office determines is in need of assistance, including advocating
120	120	with an agency, provider, or other person in the best interests of
121	121	the child or family; and
122	122	(5) make appropriate referrals under any of the duties
123	123	and powers listed in this subsection.
124	124	(b) To assess if an individual's rights have been violated,
125	125	the office may, in any matter that does not involve alleged criminal
126	126	behavior, contact or consult with an administrator, employee,
127	127	child, parent, expert, or any other individual in the course of its
128	128	investigation or to secure information.
129	129	(c) Notwithstanding any other provision of this chapter,
130	130	the office may not investigate alleged criminal behavior.
131	131	Sec. 41.102. TREATMENT OF EMPLOYEES WHO COOPERATE WITH
132	132	OFFICE. The commission and the department may not discharge or in
133	133	any manner discriminate or retaliate against an employee who in
134	134	good faith makes a complaint to the office or cooperates with the
135	135	office in an investigation.
136	136	Sec. 41.103. TRAINING. The director or the director's
137	137	designee may participate in appropriate professional training.
138	138	[Sections 41.104-41.150 reserved for expansion]
139	139	SUBCHAPTER D. ACCESS TO INFORMATION
140	140	Sec. 41.151. ACCESS TO INFORMATION OF GOVERNMENTAL
141	141	ENTITIES. The commission and the department shall allow the office
142	142	access to its records relating to the individuals receiving
143	143	services from the department.
144	144	SECTION 2. As soon as practicable after the effective date
145	145	of this Act, the governor shall appoint the director of the
146	146	independent office of consumer affairs for the Department of Family
147	147	and Protective Services as required by Section 41.051, Human
148	148	Resources Code, as added by this Act, for a term expiring February
149	149	1, 2011.
150	150	SECTION 3. On the effective date of this Act:
151	151	(1) all functions and activities performed by, and all
152	152	records and property of, the center for consumer affairs of the
153	153	Department of Family and Protective Services are transferred to the
154	154	independent office of consumer affairs for that department as
155	155	established under Chapter 41, Human Resources Code, as added by
156	156	this Act;
157	157	(2) a reference in law to the center for consumer
158	158	affairs of the Department of Family and Protective Services is a
159	159	reference to the independent office of consumer affairs for that
160	160	department as established under Chapter 41, Human Resources Code,
161	161	as added by this Act; and
162	162	(3) an investigation being conducted by the center for
163	163	consumer affairs of the Department of Family and Protective
164	164	Services is transferred to and considered an investigation of the
165	165	independent office of consumer affairs for that department as
166	166	established under Chapter 41, Human Resources Code, as added by
167	167	this Act.
168	168	SECTION 4. This Act takes effect September 1, 2009.