82R9256 EES-F
By: Shelton H.B. No. 3629
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the Department of Assistive and
Rehabilitative Services and transferring its powers and duties to
the Department of Aging and Disability Services and the Department
of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.001(4), Government Code, is amended
to read as follows:
(4) "Health and human services agencies" includes the:
(A) Department of Aging and Disability Services;
(B) Department of State Health Services; and
(C) [Department of Assistive and Rehabilitative
Services; and
[(D)] Department of Family and Protective
Services.
SECTION 2. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.0712 to read as follows:
Sec. 1001.0712. GENERAL POWERS AND DUTIES OF DEPARTMENT
RELATED TO EARLY CHILDHOOD INTERVENTION SERVICES. The department
is responsible for administering human services programs regarding
early childhood intervention services.
SECTION 3. Section 161.071, Human Resources Code, is
amended to read as follows:
Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
department is responsible for administering human services
programs for the aging and disabled, including:
(1) administering and coordinating programs to
provide community-based care and support services to promote
independent living for populations that would otherwise be
institutionalized;
(2) providing institutional care services, including
services through convalescent and nursing homes and related
institutions under Chapter 242, Health and Safety Code;
(3) providing and coordinating programs and services
for persons with disabilities, including programs for the
treatment, rehabilitation, or benefit of persons with
developmental disabilities or mental retardation or persons who are
blind, deaf, or hard of hearing;
(4) operating state facilities for the housing,
treatment, rehabilitation, or benefit of persons with
disabilities, including state schools for persons with mental
retardation;
(5) serving as the state unit on aging required by the
federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.)
and its subsequent amendments, including performing the general
functions under Section 101.022 to ensure:
(A) implementation of the federal Older
Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its
subsequent amendments, including implementation of services and
volunteer opportunities under that Act for older residents of this
state through area agencies on aging;
(B) advocacy for residents of nursing facilities
through the office of the state long-term care ombudsman;
(C) fostering of the state and community
infrastructure and capacity to serve older residents of this state;
and
(D) availability of a comprehensive resource for
state government and the public on trends related to and services
and programs for an aging population;
(6) performing all licensing and enforcement
activities and functions related to long-term care facilities,
including licensing and enforcement activities related to
convalescent and nursing homes and related institutions under
Chapter 242, Health and Safety Code;
(7) performing all licensing and enforcement
activities related to assisted living facilities under Chapter 247,
Health and Safety Code;
(8) performing all licensing and enforcement
activities related to intermediate care facilities for persons with
mental retardation under Chapter 252, Health and Safety Code;
(9) performing all licensing and enforcement
activities and functions related to home and community support
services agencies under Chapter 142, Health and Safety Code; [and]
(10) serving as guardian of the person or estate, or
both, for an incapacitated individual as provided by Subchapter E
of this chapter and Chapter XIII, Texas Probate Code; and
(11) providing and coordinating programs for the
rehabilitation of persons with disabilities so that those persons
may prepare for and engage in a gainful occupation or achieve
maximum personal independence.
SECTION 4. Section 117.076, Human Resources Code, is
transferred to Subchapter D, Chapter 161, Human Resources Code, and
redesignated as Section 161.087, Human Resources Code, to read as
follows:
Sec. 161.087 [117.076]. INFORMATION REGARDING
VELOCARDIOFACIAL SYNDROME. (a) The commission shall ensure that
each health and human services agency that provides intervention
services to young children is provided with information developed
by the commission regarding velocardiofacial syndrome.
(b) Each health and human services agency described by
Subsection (a) shall provide the information regarding
velocardiofacial syndrome to appropriate health care coordinators
and therapists and to parents of a child who is known by the agency
to have at least two of the following conditions:
(1) hypotonicity;
(2) communication delay;
(3) articulation disorder;
(4) resonance disorder;
(5) nasal regurgitation during feeding as an infant
with no history of a cleft palate;
(6) recurrent ear infections as well as diagnosis of
cardiac anomaly, feeding disorder, cleft palate, or submucosal
cleft palate; or
(7) fine motor or gross motor skills delay.
(c) The commission shall develop the information required
under Subsection (a) using medically accurate, peer-reviewed
literature. The information must include:
(1) an explanation of velocardiofacial syndrome
symptoms, diagnosis, and treatment options;
(2) information on relevant state agency and nonprofit
resources, parent support groups, and available Medicaid waiver
programs; and
(3) a recommendation for follow-up with a health care
provider for evaluation of the underlying etiology and an
explanation that the existence of any of the conditions listed in
Subsection (b) will not necessarily result in a diagnosis of
velocardiofacial syndrome.
(d) The executive commissioner may adopt rules as necessary
to implement this section.
SECTION 5. The following provisions of the Human Resources
Code are repealed:
(1) the heading to Chapter 117;
(2) the heading to Subchapter D, Chapter 117;
(3) Subchapters A, B, and C, Chapter 117; and
(4) Sections 117.071, 117.072, 117.073, and 117.074.
SECTION 6. On the effective date of this Act, the Department
of Assistive and Rehabilitative Services is abolished.
SECTION 7. (a) On the effective date of this Act, the
following are transferred from the Department of Assistive and
Rehabilitative Services to the Department of State Health Services:
(1) the powers, duties, functions, programs, and
activities of the Department of Assistive and Rehabilitative
Services relating to the provision of early childhood intervention
services;
(2) all obligations and contracts of the Department of
Assistive and Rehabilitative Services that are related to a power,
duty, function, program, or activity transferred under this
subsection;
(3) all property and records in the custody of the
Department of Assistive and Rehabilitative Services that are
related to a power, duty, function, program, or activity
transferred under this subsection and all funds appropriated by the
legislature for that power, duty, function, program, or activity;
and
(4) all personnel of the Department of Assistive and
Rehabilitative Services whose functions predominantly involve
powers, duties, obligations, functions, and activities transferred
under this subsection.
(b) A rule or form adopted by the executive commissioner of
the Health and Human Services Commission or the Department of
Assistive and Rehabilitative Services, as applicable, that relates
to a power, duty, function, program, or activity transferred under
Subsection (a) of this section is a rule or form applicable to the
Department of State Health Services and remains in effect until
altered.
(c) A reference in law to the Department of Assistive and
Rehabilitative Services that relates to a power, duty, function,
program, or activity transferred under Subsection (a) of this
section means the Department of State Health Services.
SECTION 8. (a) On the effective date of this Act, the
following are transferred from the Department of Assistive and
Rehabilitative Services to the Department of Aging and Disability
Services:
(1) the powers, duties, functions, programs, and
activities of the Department of Assistive and Rehabilitative
Services relating to the provision of rehabilitation and related
services to persons who are blind, deaf, or hard of hearing and the
provision and coordination of programs for the rehabilitation of
persons with disabilities;
(2) all obligations and contracts of the Department of
Assistive and Rehabilitative Services that are related to a power,
duty, function, program, or activity transferred under this
subsection;
(3) all property and records in the custody of the
Department of Assistive and Rehabilitative Services that are
related to a power, duty, function, program, or activity
transferred under this subsection and all funds appropriated by the
legislature for that power, duty, function, program, or activity;
and
(4) all personnel of the Department of Assistive and
Rehabilitative Services whose functions predominantly involve
powers, duties, obligations, functions, and activities transferred
under this subsection.
(b) A rule or form adopted by the executive commissioner of
the Health and Human Services Commission or the Department of
Assistive and Rehabilitative Services, as applicable, that relates
to a power, duty, function, program, or activity transferred under
Subsection (a) of this section is a rule or form applicable to the
Department of Aging and Disability Services and remains in effect
until altered.
(c) A reference in law to the Department of Assistive and
Rehabilitative Services that relates to a power, duty, function,
program, or activity transferred under Subsection (a) of this
section means the Department of Aging and Disability Services.
SECTION 9. This Act takes effect September 1, 2012.