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Texas House Bill HB1982

Texas 2011 - 82nd Regular

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11 82R23999 YDB-F
22 By: Callegari H.B. No. 1982
33 Substitute the following for H.B. No. 1982:
44 By: Frullo C.S.H.B. No. 1982
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to transferring the Texas Department of Rural Affairs to
1010 the Office of Rural Affairs within the Department of Agriculture,
1111 abolishing the board of the Texas Department of Rural Affairs, and
1212 establishing an advisory council.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. The heading to Chapter 487, Government Code, is
1515 amended to read as follows:
1616 CHAPTER 487. OFFICE [TEXAS DEPARTMENT] OF RURAL
1717 AFFAIRS IN DEPARTMENT OF AGRICULTURE
1818 SECTION 2. Section 487.001, Government Code, is amended to
1919 read as follows:
2020 Sec. 487.001. DEFINITIONS. In this chapter:
2121 (1) "Board" means the commissioner [board of the Texas
2222 Department of Rural Affairs].
2323 (2) "Commissioner" means the commissioner of
2424 agriculture.
2525 (3) "Department" means the office [Texas Department of
2626 Rural Affairs].
2727 (4) "Office" means the Office of Rural Affairs
2828 established within the Department of Agriculture under Section
2929 12.038, Agriculture Code.
3030 SECTION 3. Subchapter A, Chapter 487, Government Code, is
3131 amended by adding Section 487.003 to read as follows:
3232 Sec. 487.003. REFERENCE IN LAW. (a) A reference in this
3333 chapter or other law to the Texas Department of Rural Affairs means
3434 the office and a reference in this chapter or other law to the board
3535 of the Texas Department of Rural Affairs means the commissioner.
3636 (b) A reference in law to the executive director of the
3737 Texas Department of Rural Affairs means the director of the Office
3838 of Rural Affairs appointed under Section 12.038, Agriculture Code.
3939 SECTION 4. Section 487.026, Government Code, is amended to
4040 read as follows:
4141 Sec. 487.026. [EXECUTIVE] DIRECTOR. (a) The [board may
4242 hire an executive] director serves [to serve] as the chief
4343 executive officer of the office [department] and performs [to
4444 perform] the administrative duties of the office [department].
4545 (b) [The executive director serves at the will of the board.
4646 [(c)] The [executive] director may hire staff within
4747 guidelines established by the commissioner [board].
4848 SECTION 5. Section 487.051(a), Government Code, is amended
4949 to read as follows:
5050 (a) The office [department] shall:
5151 (1) assist rural communities in the key areas of
5252 economic development, community development, rural health, and
5353 rural housing;
5454 (2) serve as a clearinghouse for information and
5555 resources on all state and federal programs affecting rural
5656 communities;
5757 (3) in consultation with rural community leaders,
5858 locally elected officials, state elected and appointed officials,
5959 academic and industry experts, and the interagency work group
6060 created under this chapter, identify and prioritize policy issues
6161 and concerns affecting rural communities in the state;
6262 (4) make recommendations to the legislature to address
6363 the concerns affecting rural communities identified under
6464 Subdivision (3);
6565 (5) monitor developments that have a substantial
6666 effect on rural Texas communities, especially actions of state
6767 government, and compile an annual report describing and evaluating
6868 the condition of rural communities;
6969 (6) administer the federal community development
7070 block grant nonentitlement program;
7171 (7) administer programs supporting rural health care
7272 as provided by this chapter;
7373 (8) perform research to determine the most beneficial
7474 and cost-effective ways to improve the welfare of rural
7575 communities;
7676 (9) ensure that the office [department] qualifies as
7777 the state's office of rural health for the purpose of receiving
7878 grants from the Office of Rural Health Policy of the United States
7979 Department of Health and Human Services under 42 U.S.C. Section
8080 254r;
8181 (10) manage the state's Medicare rural hospital
8282 flexibility program under 42 U.S.C. Section 1395i-4;
8383 (11) seek state and federal money available for
8484 economic development in rural areas for programs under this
8585 chapter;
8686 (12) in conjunction with other offices and divisions
8787 of the Department of Agriculture, regularly cross-train office
8888 [department] employees with other employees of the Department of
8989 Agriculture regarding the programs administered and services
9090 provided [by each agency] to rural communities; and
9191 (13) work with interested persons to assist volunteer
9292 fire departments and emergency services districts in rural areas.
9393 SECTION 6. Section 487.0541(c), Government Code, is amended
9494 to read as follows:
9595 (c) The work group shall meet at the call of the [executive]
9696 director of the office [department].
9797 SECTION 7. Section 487.055, Government Code, is amended to
9898 read as follows:
9999 Sec. 487.055. ADVISORY COMMITTEES. (a) The commissioner
100100 [board] may appoint advisory committees as necessary to assist the
101101 office [board] in performing its duties. An advisory committee may
102102 be composed of private citizens and representatives from state and
103103 local governmental entities. A state or local governmental entity
104104 shall appoint a representative to an advisory committee at the
105105 request of the commissioner [board].
106106 (b) Chapter 2110 does not apply to an advisory committee
107107 created under this section.
108108 SECTION 8. Section 487.351(d), Government Code, is amended
109109 to read as follows:
110110 (d) An applicant for a grant, loan, or award under a
111111 community development block grant program may appeal a decision of
112112 the [executive] director by filing an appeal with the commissioner
113113 [board]. The commissioner [board] shall hold a hearing on the
114114 appeal and render a decision.
115115 SECTION 9. Chapter 487, Government Code, is amended by
116116 adding Subchapter R to read as follows:
117117 SUBCHAPTER R. TEXAS RURAL HEALTH AND ECONOMIC DEVELOPMENT
118118 ADVISORY COUNCIL
119119 Sec. 487.801. DEFINITION. In this subchapter, "advisory
120120 council" means the Texas Rural Health and Economic Development
121121 Advisory Council established under this subchapter.
122122 Sec. 487.802. ESTABLISHMENT AND COMPOSITION OF ADVISORY
123123 COUNCIL; PRESIDING OFFICER. (a) The commissioner shall establish
124124 the Texas Rural Health and Economic Development Advisory Council,
125125 composed of the following members:
126126 (1) one local official in this state with health care
127127 expertise, appointed by the commissioner;
128128 (2) one county official in this state with health care
129129 expertise, appointed by the commissioner;
130130 (3) one senator serving a predominantly rural area,
131131 appointed by the lieutenant governor;
132132 (4) one member of the house of representatives serving
133133 a predominantly rural area, appointed by the speaker of the house of
134134 representatives;
135135 (5) a representative of an institution of higher
136136 education in this state that specializes in public health and
137137 community and economic development, appointed by the commissioner;
138138 and
139139 (6) four public members with health care or economic
140140 development expertise, appointed by the commissioner.
141141 (b) The members of the advisory council serve staggered
142142 three-year terms. A member of the council appointed by the
143143 commissioner serves at the pleasure of the commissioner.
144144 (c) The commissioner shall serve as presiding officer of the
145145 advisory council and as a nonvoting member of the advisory council.
146146 The commissioner is not counted as a member of the advisory council
147147 for purposes of establishing a quorum.
148148 Sec. 487.803. DUTIES OF ADVISORY COUNCIL. The advisory
149149 council shall:
150150 (1) advise the commissioner, director, and office on
151151 rural policy priorities, including priorities for the use and
152152 allocation in this state of federal block grant money;
153153 (2) review this state's existing rural policies and
154154 programs;
155155 (3) meet with the representatives of state agencies
156156 that administer rural programs as necessary to conduct the review
157157 required under Subdivision (2);
158158 (4) make recommendations to the office regarding the
159159 allocation in this state of federal block grant money; and
160160 (5) establish a rural health task force composed of
161161 all or a portion of the members of the advisory council.
162162 Sec. 487.804. RURAL POLICY PLAN. (a) Not later than
163163 December 1 of each even-numbered year, the advisory council shall
164164 develop a rural policy plan that includes:
165165 (1) strategic initiatives for this state regarding
166166 economic development, community development, and rural health,
167167 including priorities for the use and allocation in this state of
168168 federal block grant money; and
169169 (2) recommendations for legislation and program
170170 development or revision.
171171 (b) Not later than January 1 of each even-numbered year, the
172172 commissioner shall submit to the legislature a report of the
173173 findings of the advisory council.
174174 Sec. 487.805. RURAL HEALTH TASK FORCE. The rural health
175175 task force shall:
176176 (1) assist the advisory council in its efforts to
177177 expand and improve access to health care in rural areas of this
178178 state; and
179179 (2) develop a statewide rural health plan for this
180180 state that includes:
181181 (A) strategic initiatives for this state
182182 regarding rural health; and
183183 (B) recommendations for legislation and program
184184 development or revision.
185185 Sec. 487.806. REIMBURSEMENT OF EXPENSES. A member of the
186186 advisory council may not receive compensation for service on the
187187 advisory council or rural health task force. Subject to
188188 availability of funds, an advisory council member may receive
189189 reimbursement for actual and necessary expenses incurred while
190190 conducting advisory council or task force business, as appropriate.
191191 SECTION 10. Section 535.051(b), Government Code, is amended
192192 to read as follows:
193193 (b) The chief administrative officer of each of the
194194 following state agencies, in consultation with the governor, shall
195195 designate one employee from the agency to serve as a liaison for
196196 faith- and community-based organizations:
197197 (1) the Office of Rural [Community] Affairs within the
198198 Department of Agriculture;
199199 (2) the Texas Commission on Environmental Quality;
200200 (3) the Texas Department of Criminal Justice;
201201 (4) the Texas Department of Housing and Community
202202 Affairs;
203203 (5) the Texas Education Agency;
204204 (6) the Texas Juvenile Probation Commission;
205205 (7) the Texas Veterans Commission;
206206 (8) the Texas Workforce Commission;
207207 (9) the Texas Youth Commission; and
208208 (10) other state agencies as determined by the
209209 governor.
210210 SECTION 11. Section 2306.1092(b), Government Code, is
211211 amended to read as follows:
212212 (b) The council is composed of 16 members consisting of:
213213 (1) the director;
214214 (2) one representative from each of the following
215215 agencies, appointed by the head of that agency:
216216 (A) the Office of Rural [Community] Affairs
217217 within the Department of Agriculture;
218218 (B) the Texas State Affordable Housing
219219 Corporation;
220220 (C) the Health and Human Services Commission;
221221 (D) the Department of Assistive and
222222 Rehabilitative Services;
223223 (E) the Department of Aging and Disability
224224 Services; and
225225 (F) the Department of State Health Services;
226226 (3) one representative from the Department of
227227 Agriculture who is:
228228 (A) knowledgeable about the Texans Feeding
229229 Texans and Retire in Texas programs or similar programs; and
230230 (B) appointed by the head of that agency;
231231 (4) one member who is:
232232 (A) a member of the Health and Human Services
233233 Commission Promoting Independence Advisory Committee; and
234234 (B) appointed by the governor; and
235235 (5) one representative from each of the following
236236 interest groups, appointed by the governor:
237237 (A) financial institutions;
238238 (B) multifamily housing developers;
239239 (C) health services entities;
240240 (D) nonprofit organizations that advocate for
241241 affordable housing and consumer-directed long-term services and
242242 support;
243243 (E) consumers of service-enriched housing;
244244 (F) advocates for minority issues; and
245245 (G) rural communities.
246246 SECTION 12. Sections 487.002, 487.021, 487.022, 487.023,
247247 487.024, 487.025, 487.028, 487.029, 487.051(b), 487.058, and
248248 487.352, Government Code, are repealed.
249249 SECTION 13. (a) The Texas Department of Rural Affairs is
250250 abolished as an independent agency and transferred as a program to
251251 the Office of Rural Affairs in the Department of Agriculture. The
252252 board of the Texas Department of Rural Affairs is abolished.
253253 (b) The validity of an action taken by the Texas Department
254254 of Rural Affairs or its board before either is abolished under
255255 Subsection (a) of this section is not affected by the abolishment.
256256 (c) All rules, policies, procedures, and decisions of the
257257 Texas Department of Rural Affairs are continued in effect as rules,
258258 policies, procedures, and decisions of the Office of Rural Affairs
259259 in the Department of Agriculture until superseded by a rule,
260260 policy, procedure, or decision of the office.
261261 (d) Any pending action or proceeding before the Texas
262262 Department of Rural Affairs becomes an action or proceeding before
263263 the Office of Rural Affairs in the Department of Agriculture.
264264 SECTION 14. (a) On September 1, 2011:
265265 (1) the position of executive director of the Texas
266266 Department of Rural Affairs is abolished, except that the director
267267 of the Office of Rural Affairs in the Department of Agriculture may
268268 hire the executive director for a position in the office;
269269 (2) an employee of the Texas Department of Rural
270270 Affairs becomes an employee of the Office of Rural Affairs in the
271271 Department of Agriculture;
272272 (3) a reference in law to the Texas Department of Rural
273273 Affairs means the Office of Rural Affairs in the Department of
274274 Agriculture;
275275 (4) all money, contracts, leases, rights, and
276276 obligations of the Texas Department of Rural Affairs are
277277 transferred to the Office of Rural Affairs in the Department of
278278 Agriculture;
279279 (5) all property, including records, in the custody of
280280 the Texas Department of Rural Affairs becomes the property of the
281281 Office of Rural Affairs in the Department of Agriculture; and
282282 (6) all funds appropriated by the legislature to the
283283 Texas Department of Rural Affairs are transferred to the Office of
284284 Rural Affairs in the Department of Agriculture.
285285 (b) A function or activity performed by the Texas Department
286286 of Rural Affairs is transferred to the Office of Rural Affairs in
287287 the Department of Agriculture as provided by this Act.
288288 SECTION 15. As soon as practicable after the effective date
289289 of this Act, the commissioner of agriculture, the lieutenant
290290 governor, and the speaker of the house of representatives shall
291291 appoint members to the Texas Rural Health and Economic Development
292292 Advisory Council as required by Subchapter R, Chapter 487,
293293 Government Code, as added by this Act.
294294 SECTION 16. The Texas Department of Rural Affairs and the
295295 Department of Agriculture shall establish a transition plan for the
296296 transfer described in Sections 13 and 14 of this Act.
297297 SECTION 17. This Act takes effect September 1, 2011.