Texas 2009 - 81st Regular

Texas Senate Bill SB1824 Compare Versions

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1	1	S.B. No. 1824
2	2
3	3
4	4	AN ACT
5	5	relating to the Interagency Task Force for Children with Special
6	6	Needs.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
9	9	amended by adding Chapter 115 to read as follows:
10	10	CHAPTER 115. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS
11	11	Sec. 115.001. DEFINITIONS. In this chapter:
12	12	(1) "Children with special needs" means children
13	13	younger than 22 years of age diagnosed with a chronic illness,
14	14	intellectual or other developmental disability, or serious mental
15	15	illness.
16	16	(2) "Commission" means the Health and Human Services
17	17	Commission.
18	18	(3) "Executive commissioner" means the executive
19	19	commissioner of the Health and Human Services Commission.
20	20	(4) "Task force" means the Interagency Task Force for
21	21	Children with Special Needs established under this chapter.
22	22	Sec. 115.002. TASK FORCE FOR CHILDREN WITH SPECIAL NEEDS.
23	23	The governor, or the governor's designee, shall oversee the task
24	24	force created and administered by the commission to improve the
25	25	coordination, quality, and efficiency of services for children with
26	26	special needs.
27	27	Sec. 115.003. DUTIES. The task force shall:
28	28	(1) not later than September 1, 2010, coordinate with
29	29	federal agencies to compile a list of opportunities to increase
30	30	flexible funding for services for children with special needs,
31	31	including alternative funding sources and service delivery
32	32	options;
33	33	(2) conduct a review of state agency policies and
34	34	procedures related to service delivery for children with special
35	35	needs;
36	36	(3) perform a needs assessment, including public
37	37	hearings to identify service delivery gaps, system entry points,
38	38	and service obstacles; and
39	39	(4) develop a five-year plan to improve the
40	40	coordination, quality, and efficiency of services for children with
41	41	special needs under Section 115.004.
42	42	Sec. 115.004. TASK FORCE PLAN. (a) In developing the
43	43	five-year plan under this chapter, the task force shall:
44	44	(1) identify the party responsible for each action set
45	45	forth in the plan and set deadlines for implementation of each
46	46	recommendation;
47	47	(2) create benchmarks to measure progress toward goals
48	48	and objectives;
49	49	(3) consult with the Legislative Budget Board to
50	50	coordinate relevant cost studies and account for long-term savings
51	51	of short-term child investments;
52	52	(4) consult with personnel from other states to
53	53	identify best practices;
54	54	(5) consult with the state demographer and relevant
55	55	federal agencies to account for future demographic trends;
56	56	(6) consult with pediatric specialists and other
57	57	health care providers to determine best medical practices;
58	58	(7) coordinate with mental health and developmental
59	59	disability advocates; and
60	60	(8) develop a timeline for plan implementation.
61	61	(b) The plan created under this chapter must provide
62	62	recommendations to:
63	63	(1) maximize the use of federal funds available to
64	64	this state for the purposes described by Section 115.002;
65	65	(2) reduce the number of families who experience
66	66	crisis due to insufficient and ineffective interventions or
67	67	services or lack of coordination and planning of interventions or
68	68	services;
69	69	(3) improve families' ability to navigate the system
70	70	through improved coordination between service providers and
71	71	increased outreach;
72	72	(4) remove barriers to local coordination of services
73	73	and supports;
74	74	(5) evaluate the feasibility of creating an
75	75	interagency legally authorized representative program to provide
76	76	support services for children with special needs;
77	77	(6) improve early detection and intervention
78	78	services;
79	79	(7) increase the number of community-based options for
80	80	children with special needs;
81	81	(8) improve accountability for each agency
82	82	represented on the task force and other service providers;
83	83	(9) reduce existing fragmentation of service delivery
84	84	to reflect best practices and eliminate ineffective interventions;
85	85	(10) reduce service gaps and overlap;
86	86	(11) improve data management;
87	87	(12) prevent unnecessary parental relinquishment of
88	88	custody;
89	89	(13) create a core set of quality measures to
90	90	determine quality of care and improvements to quality of life; and
91	91	(14) improve availability of high-quality
92	92	community-based acute and long-term care services and supports.
93	93	Sec. 115.005. MEMORANDUM OF UNDERSTANDING. The governor's
94	94	office and each agency represented on the task force shall enter
95	95	into a memorandum of understanding to implement the task force's
96	96	duties under this chapter.
97	97	Sec. 115.006. REPORT. (a) The task force shall submit a
98	98	biennial report on the progress of each agency represented on the
99	99	task force in accomplishing the goals described by Section 115.002
100	100	to the governor, lieutenant governor, and speaker of the house of
101	101	representatives.
102	102	(b) The report must include:
103	103	(1) stakeholder input, including testimony from
104	104	parents in each health and human services district;
105	105	(2) progress toward meeting each goal outlined in the
106	106	plan under Section 115.004;
107	107	(3) current barriers that prevent accomplishing each
108	108	goal listed in Subdivision (2);
109	109	(4) additional resource needs;
110	110	(5) current resources that could be redirected for
111	111	more efficient and effective use;
112	112	(6) amendments to the plan under this chapter;
113	113	(7) recommendations and proposed legislation to help
114	114	fulfill the goals of this chapter; and
115	115	(8) feasibility statements on related
116	116	recommendations.
117	117	(c) The task force shall publish the report on the
118	118	commission's website.
119	119	Sec. 115.007. COMPOSITION. (a) The task force consists
120	120	of:
121	121	(1) the commissioner, the executive director or
122	122	director, or a deputy or assistant commissioner of:
123	123	(A) the commission, designated by the executive
124	124	commissioner;
125	125	(B) the Department of Aging and Disability
126	126	Services, designated by the commissioner of that agency;
127	127	(C) the Department of Assistive and
128	128	Rehabilitative Services, designated by the commissioner of that
129	129	agency;
130	130	(D) the division of early childhood intervention
131	131	services, designated by the commissioner of the Department of
132	132	Assistive and Rehabilitative Services;
133	133	(E) the Department of Family and Protective
134	134	Services, designated by the commissioner of that agency;
135	135	(F) the Department of State Health Services,
136	136	designated by the commissioner of that agency;
137	137	(G) the Texas Education Agency, designated by the
138	138	commissioner of that agency;
139	139	(H) the Texas Youth Commission, designated by the
140	140	executive commissioner of that agency;
141	141	(I) the Texas Juvenile Probation Commission,
142	142	designated by the executive director of that agency; and
143	143	(J) the Texas Correctional Office on Offenders
144	144	with Medical or Mental Impairments, designated by the director of
145	145	that office; and
146	146	(2) eight nonvoting members who are:
147	147	(A) a representative of a local mental health
148	148	authority or a local mental retardation authority, appointed by the
149	149	governor;
150	150	(B) two members of the house of representatives,
151	151	appointed by the speaker of the house of representatives;
152	152	(C) two senators, appointed by the lieutenant
153	153	governor; and
154	154	(D) three parents or consumer advocates, one each
155	155	appointed by the commission, the Texas Education Agency, and the
156	156	Texas Youth Commission.
157	157	(b) The members of the task force appointed under Subsection
158	158	(a)(2)(D) may serve a five-year term or may elect to serve for a
159	159	shorter period.
160	160	Sec. 115.008. MEETINGS. (a) The task force shall meet at
161	161	least once each quarter.
162	162	(b) The task force shall provide an opportunity for
163	163	statewide public participation in at least two meetings in each
164	164	calendar year.
165	165	(c) All meetings of the task force shall be conducted in
166	166	accordance with Chapter 551, Government Code.
167	167	Sec. 115.009. INTERAGENCY COORDINATOR; STAFF. (a) The
168	168	governor shall appoint an interagency coordinator from the
169	169	commission as the presiding officer of the task force.
170	170	(b) The interagency coordinator shall hire a full-time
171	171	director and administrative assistant to support the duties and
172	172	functions of the task force.
173	173	Sec. 115.010. TASK FORCE DIRECTOR. The task force director
174	174	hired by the interagency coordinator under Section 115.009 shall:
175	175	(1) prepare on behalf of the task force the plan and
176	176	reports required under this chapter;
177	177	(2) work with each task force representative to
178	178	schedule meetings and deadlines relevant to the representative's
179	179	agency; and
180	180	(3) work with the interagency coordinator to assign
181	181	subcommittee leadership positions under Section 115.011.
182	182	Sec. 115.011. SUBCOMMITTEES. (a) The interagency
183	183	coordinator, assisted by the task force director, shall establish
184	184	subcommittees to address:
185	185	(1) early childhood detection and intervention;
186	186	(2) education;
187	187	(3) health care;
188	188	(4) transitioning youth;
189	189	(5) crisis prevention and intervention;
190	190	(6) juvenile justice;
191	191	(7) long-term, community-based services and supports;
192	192	and
193	193	(8) mental health.
194	194	(b) Each subcommittee shall include at least one task force
195	195	member to serve as chair. Consistent with the purpose of each
196	196	subcommittee, members shall consult with relevant subject matter
197	197	experts, relevant advocacy organizations, staff from related
198	198	agencies, and parents or consumers who have used related services.
199	199	(c) Each subcommittee shall report the subcommittee's
200	200	findings and related recommendations at a task force meeting at
201	201	least once each year. On a biennial basis, the subcommittee shall
202	202	provide a written report with findings and recommendations not less
203	203	than two months before the scheduled release of the task force
204	204	report under this chapter.
205	205	Sec. 115.012. SUNSET PROVISION. The Interagency Task Force
206	206	for Children With Special Needs is subject to Chapter 325,
207	207	Government Code (Texas Sunset Act). Unless continued in existence
208	208	as provided by that chapter, the task force is abolished and this
209	209	chapter expires September 1, 2015.
210	210	SECTION 2. (a) As soon as practicable after the effective
211	211	date of this Act:
212	212	(1) the governor shall appoint the interagency
213	213	coordinator of the Interagency Task Force for Children with Special
214	214	Needs as required by Section 115.009, Health and Safety Code, as
215	215	added by this Act; and
216	216	(2) the lieutenant governor, speaker of the house of
217	217	representatives, and executive commissioner, commissioner,
218	218	executive director, or director of each entity listed under Section
219	219	115.007, Health and Safety Code, as added by this Act, shall appoint
220	220	the members of the Interagency Task Force for Children with Special
221	221	Needs established by Chapter 115, Health and Safety Code, as added
222	222	by this Act.
223	223	(b) The Interagency Task Force for Children with Special
224	224	Needs shall hold an organizational meeting not later than September
225	225	30, 2009.
226	226	(c) The interagency coordinator shall appoint the
227	227	subcommittees created under Section 115.011, Health and Safety
228	228	Code, as added by this Act, not later than December 1, 2009.
229	229	(d) The plan required under Chapter 115, Health and Safety
230	230	Code, as added by this Act, must be submitted to the 82nd
231	231	Legislature not later than September 1, 2011.
232	232	SECTION 3. If before implementing any provision of this Act
233	233	a state agency determines that a waiver or authorization from a
234	234	federal agency is necessary for implementation of that provision,
235	235	the agency affected by the provision shall request the waiver or
236	236	authorization and may delay implementing that provision until the
237	237	waiver or authorization is granted.
238	238	SECTION 4. This Act takes effect September 1, 2009.
239	239	______________________________ ______________________________
240	240	President of the Senate Speaker of the House
241	241	I hereby certify that S.B. No. 1824 passed the Senate on
242	242	May 14, 2009, by the following vote: Yeas 31, Nays 0.
243	243	______________________________
244	244	Secretary of the Senate
245	245	I hereby certify that S.B. No. 1824 passed the House on
246	246	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
247	247	present not voting.
248	248	______________________________
249	249	Chief Clerk of the House
250	250	Approved:
251	251	______________________________
252	252	Date
253	253	______________________________
254	254	Governor