By: Lucio S.B. No. 1824
A BILL TO BE ENTITLED
AN ACT
relating to the Interagency Task Force for Children with Special
Needs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 115 to read as follows:
CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS
Sec. 115.001. DEFINITIONS. In this chapter:
(1) "Children with special needs" means children
younger than 22 years of age diagnosed with a chronic illness,
intellectual or other developmental disability, or serious mental
illness.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Task force" means the Interagency Task Force for
Children with Special Needs established under this chapter.
Sec. 115.002. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS.
The governor, or the governor's designee, shall oversee the task
force created and administered by the commission to improve the
coordination, quality, and efficiency of services for children with
special needs.
Sec. 115.003. DUTIES. The task force shall:
(1) not later than September 1, 2010, coordinate with
federal agencies to compile a list of opportunities to increase
flexible funding for services for children with special needs,
including alternative funding sources and service delivery
options;
(2) conduct a review of state agency policies and
procedures related to service delivery for children with special
needs;
(3) perform a needs assessment, including public
hearings to identify service delivery gaps, system entry points,
and service obstacles; and
(4) develop a five-year plan to improve the
coordination, quality, and efficiency of services for children with
special needs under Section 115.004.
Sec. 115.004. TASK FORCE PLAN. (a) In developing the
five-year plan under this chapter, the task force shall:
(1) identify the party responsible for each action set
forth in the plan and set deadlines for implementation of each
recommendation;
(2) create benchmarks to measure progress toward goals
and objectives;
(3) consult with the Legislative Budget Board to
coordinate relevant cost studies and account for long-term savings
of short-term child investments;
(4) consult with personnel from other states to
identify best practices;
(5) consult with the state demographer and relevant
federal agencies to account for future demographic trends;
(6) consult with pediatric specialists and other
health care providers to determine best medical practices;
(7) coordinate with mental health and developmental
disability advocates; and
(8) develop a timeline for plan implementation.
(b) The plan created under this chapter must provide
recommendations to:
(1) maximize the use of federal funds available to
this state for the purposes described by Section 115.002;
(2) reduce the number of families who experience
crisis due to insufficient and ineffective interventions or
services or lack of coordination and planning of interventions or
services;
(3) improve families' ability to navigate the system
through improved coordination between service providers and
increased outreach;
(4) remove barriers to local coordination of services
and supports;
(5) evaluate the feasibility of creating an
interagency legally authorized representative program to provide
support services for children with special needs;
(6) improve early detection and intervention
services;
(7) increase the number of community-based options for
children with special needs;
(8) improve accountability for each agency
represented on the task force and other service providers;
(9) reduce existing fragmentation of service delivery
to reflect best practices and eliminate ineffective interventions;
(10) reduce service gaps and overlap;
(11) improve data management;
(12) prevent unnecessary parental relinquishment of
custody;
(13) create a core set of quality measures to
determine quality of care and improvements to quality of life; and
(14) improve availability of high-quality
community-based acute and long-term care services and supports.
Sec. 115.005. MEMORANDUM OF UNDERSTANDING. The governor's
office and each agency represented on the task force shall enter
into a memorandum of understanding to implement the task force's
duties under this chapter.
Sec. 115.006. REPORT. (a) The task force shall submit a
biennial report on the progress of each agency represented on the
task force in accomplishing the goals described by Section 115.002
to the governor, lieutenant governor, and speaker of the house of
representatives.
(b) The report must include:
(1) stakeholder input, including testimony from
parents in each health and human services district;
(2) progress toward meeting each goal outlined in the
plan under Section 115.004;
(3) current barriers that prevent accomplishing each
goal listed in Subdivision (2);
(4) additional resource needs;
(5) current resources that could be redirected for
more efficient and effective use;
(6) amendments to the plan under this chapter;
(7) recommendations and proposed legislation to help
fulfill the goals of this chapter; and
(8) feasibility statements on related
recommendations.
(c) The task force shall publish the report on the
commission's website.
Sec. 115.007. COMPOSITION. (a) The task force consists
of:
(1) the commissioner, the executive director or
director, or a deputy or assistant commissioner of:
(A) the commission, designated by the executive
commissioner;
(B) the Department of Aging and Disability
Services, designated by the commissioner of that agency;
(C) the Department of Assistive and
Rehabilitative Services, designated by the commissioner of that
agency;
(D) the division of early childhood intervention
services, designated by the commissioner of the Department of
Assistive and Rehabilitative Services;
(E) the Department of Family and Protective
Services, designated by the commissioner of that agency;
(F) the Department of State Health Services,
designated by the commissioner of that agency;
(G) the Texas Education Agency, designated by the
commissioner of that agency;
(H) the Texas Youth Commission, designated by the
executive commissioner of that agency;
(I) the Texas Juvenile Probation Commission,
designated by the executive director of that agency; and
(J) the Texas Correctional Office on Offenders
with Medical or Mental Impairments, designated by the director of
that office; and
(2) eight nonvoting members who are:
(A) a representative of a local mental health
authority or a local mental retardation authority, appointed by the
governor;
(B) two members of the house of representatives,
appointed by the speaker of the house of representatives;
(C) two senators, appointed by the lieutenant
governor; and
(D) three parents or consumer advocates, one each
appointed by the commission, the Texas Education Agency, and the
Texas Youth Commission.
(b) The members of the task force appointed under Subsection
(a)(2)(D) may serve a five-year term or may elect to serve for a
shorter period.
Sec. 115.008. MEETINGS. (a) The task force shall meet at
least once each quarter.
(b) The task force shall provide an opportunity for
statewide public participation in at least two meetings in each
calendar year.
(c) All meetings of the task force shall be conducted in
accordance with Chapter 551, Government Code.
Sec. 115.009. INTERAGENCY COORDINATOR; STAFF. (a) The
governor shall appoint an interagency coordinator from the
commission as the presiding officer of the task force.
(b) The interagency coordinator shall hire a full-time
director and administrative assistant to support the duties and
functions of the task force.
Sec. 115.010. TASK FORCE DIRECTOR. The task force director
hired by the interagency coordinator under Section 115.009 shall:
(1) prepare on behalf of the task force the plan and
reports required under this chapter;
(2) work with each task force representative to
schedule meetings and deadlines relevant to the representative's
agency; and
(3) work with the interagency coordinator to assign
subcommittee leadership positions under Section 115.011.
Sec. 115.011. SUBCOMMITTEES. (a) The interagency
coordinator, assisted by the task force director, shall establish
subcommittees to address:
(1) early childhood detection and intervention;
(2) education;
(3) health care;
(4) transitioning youth;
(5) crisis prevention and intervention;
(6) juvenile justice;
(7) long-term, community-based services and supports;
and
(8) mental health.
(b) Each subcommittee shall include at least one task force
member to serve as chair. Consistent with the purpose of each
subcommittee, members shall consult with relevant subject matter
experts, relevant advocacy organizations, staff from related
agencies, and parents or consumers who have used related services.
(c) Each subcommittee shall report the subcommittee's
findings and related recommendations at a task force meeting at
least once each year. On a biennial basis, the subcommittee shall
provide a written report with findings and recommendations not less
than two months before the scheduled release of the task force
report under this chapter.
Sec. 115.012. SUNSET PROVISION. The Interagency Task Force
for Children With Special Needs is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the task force is abolished and this
chapter expires September 1, 2015.
SECTION 2. (a) As soon as practicable after the effective
date of this Act:
(1) the governor shall appoint the interagency
coordinator of the Interagency Task Force for Children with Special
Needs as required by Section 115.009, Health and Safety Code, as
added by this Act; and
(2) the lieutenant governor, speaker of the house of
representatives, and executive commissioner, commissioner,
executive director, or director of each entity listed under Section
115.007, Health and Safety Code, as added by this Act, shall appoint
the members of the Interagency Task Force for Children with Special
Needs established by Chapter 115, Health and Safety Code, as added
by this Act.
(b) The Interagency Task Force for Children with Special
Needs shall hold an organizational meeting not later than September
30, 2009.
(c) The interagency coordinator shall appoint the
subcommittees created under Section 115.011, Health and Safety
Code, as added by this Act, not later than December 1, 2009.
(d) The plan required under Chapter 115, Health and Safety
Code, as added by this Act, must be submitted to the 82nd
Legislature not later than September 1, 2011.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2009.