S.B. No. 1646
AN ACT
relating to the creation of the Council on Children and Families.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter T to read as follows:
SUBCHAPTER T. COUNCIL ON CHILDREN AND FAMILIES
Sec. 531.801. DEFINITION. In this subchapter, "council"
means the Council on Children and Families.
Sec. 531.802. COUNCIL ON CHILDREN AND FAMILIES. (a) The
Council on Children and Families is established to:
(1) coordinate the state's health, education, and
human services systems to ensure that children and families have
access to needed services;
(2) improve coordination and efficiency in state
agencies, advisory councils on issues affecting children, and local
levels of service;
(3) prioritize and mobilize resources for children;
and
(4) facilitate an integrated approach to providing
services for children and youth.
(b) The council shall:
(1) promote a common vision of desired outcomes for
children and youth and of family and community supports;
(2) promote shared accountability for outcomes for
children and youth; and
(3) align allocations of resources with policies for
children and youth.
(c) Subject to Subsection (d), the council is composed of
the following:
(1) the executive commissioner;
(2) the commissioner of state health services;
(3) the commissioner of the Department of Family and
Protective Services;
(4) the commissioner of aging and disability services;
(5) the commissioner of assistive and rehabilitative
services;
(6) the commissioner of education;
(7) the executive director of the Texas Juvenile
Probation Commission;
(8) the executive commissioner of the Texas Youth
Commission;
(9) the executive director of the Texas Workforce
Commission;
(10) the director of the Texas Correctional Office on
Offenders with Medical or Mental Impairments;
(11) two public representatives who are parents of
children who have received services from an agency represented on
the council, appointed by the executive commissioner; and
(12) two representatives who are young adults or
adolescents who have received services from an agency represented
on the council, appointed by the executive commissioner.
(d) An individual listed in Subsections (c)(1)-(10) may
designate another individual as having authority to act on behalf
of the individual at council meetings and with respect to council
functions.
(e) The members of the council annually shall elect one
member to serve as the presiding officer.
(f) Council meetings are held at the call of the presiding
officer.
(g) The council is administratively attached to the
commission but is independent of direction by the commission or the
executive commissioner. The commission, through the commission's
Office of Program Coordination for Children and Youth, shall
provide administrative support and resources to the council as
necessary to enable the council to perform its duties.
(h) The agencies represented on the council shall provide
periodic staff support of specialists as needed to the council.
(i) The council is not subject to Chapter 2110.
Sec. 531.803. DUTIES. (a) The council shall:
(1) analyze the biennial legislative appropriations
requests of members of the council for services provided to
children and their families and identify appropriations that,
through the coordination of members of the council, could be
modified in the next legislative appropriation request to eliminate
waste or increase available services and, not later than May 1 of
each even-numbered year, prepare a report recommending those
modifications for consideration during the development of the next
biennial legislative appropriations request;
(2) investigate opportunities to increase flexible
funding for health, education, and human services provided to
children and their families;
(3) identify methods to remove barriers to local
coordination of health, education, and human services provided to
children and their families;
(4) identify methods to ensure that children and youth
receive appropriate assessment, diagnoses, and intervention
services;
(5) develop methods to prevent unnecessary parental
relinquishment of custody of children;
(6) prioritize assisting children in family settings
rather than institutional settings; and
(7) make recommendations about family involvement in
the provision and planning of health, education, and human services
for a child, including family partner and liaison models.
(b) The state agency members of the council may, as
appropriate, enter into memoranda of understanding with other
agencies to implement any method, process, policy, or
recommendation identified or developed under Subsection (a).
Before a method, process, policy, or recommendation is implemented,
the council shall:
(1) identify:
(A) the timeline and proposed outcome of
implementing the method, process, policy, or recommendation; and
(B) benchmarks that may be used to measure the
success of the implementation of the method, process, policy, or
recommendation; and
(2) assign to the appropriate members of the council
responsibility for implementing the method, process, policy, or
recommendation.
(c) The council may collect data necessary to conduct the
council's duties or implement the council's recommendations and
shall use any reports or information produced by other entities
related to children, youth, and families to inform the council.
Sec. 531.804. REPORT BY COUNCIL REGARDING CHILD WELFARE.
Not later than December 1 of each even-numbered year, the council
shall submit a report to the governor, lieutenant governor, speaker
of the house of representatives, and members of the legislature
that contains:
(1) the requests, plans, and recommendations of the
council, including recommendations of any legislation that is
needed to further develop and maintain a statewide system of
quality health, education, and human services for children and
families; and
(2) information regarding the implementation by the
members of the council of any method, process, policy, or
recommendation, including information regarding whether the
implementation has proceeded in accordance with the timeline,
outcome, and benchmarks identified by the council.
Sec. 531.805. SUNSET PROVISION. The Council on Children
and Families is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the council is
abolished and this subchapter expires September 1, 2019.
SECTION 2. The Council on Children and Families established
by Section 531.802, Government Code, as added by this Act, shall
convene its initial meeting not later than October 1, 2009.
SECTION 3. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1646 passed the Senate on
May 6, 2009, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1646 passed the House, with
amendment, on May 26, 2009, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor