Texas 2011 - 82nd Regular

Texas House Bill HB945 Compare Versions

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1	1	82R7845 AJZ-D
2	2	By: Dukes, Coleman, et al. H.B. No. 945
3	3	Substitute the following for H.B. No. 945:
4	4	By: Hopson C.S.H.B. No. 945
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disproportionality of certain groups in the
10	10	juvenile justice, child welfare, health, and mental health systems
11	11	and the disproportionality of the delivery of certain services in
12	12	the education system.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Title 1, Human Resources Code, is amended by
15	15	adding Chapter 2 to read as follows:
16	16	CHAPTER 2. INTERAGENCY COUNCIL FOR ADDRESSING DISPROPORTIONALITY
17	17	Sec. 2.001. INTERAGENCY COUNCIL FOR ADDRESSING
18	18	DISPROPORTIONALITY. The Interagency Council for Addressing
19	19	Disproportionality is established to:
20	20	(1) examine the level of disproportionate involvement
21	21	of children who are members of a racial or ethnic minority group at
22	22	each stage in the juvenile justice, child welfare, and mental
23	23	health systems, including:
24	24	(A) the points of entry;
25	25	(B) each point at which a treatment decision is
26	26	made; and
27	27	(C) the outcomes for the children exiting the
28	28	systems;
29	29	(2) examine issues relating to the disproportionate
30	30	delivery of various educational services to children who are
31	31	members of a racial or ethnic minority group in the education
32	32	system;
33	33	(3) make recommendations to:
34	34	(A) reduce the involvement of children who are
35	35	members of a racial or ethnic minority group in the juvenile
36	36	justice, child welfare, and mental health systems; and
37	37	(B) improve the children's success in the
38	38	education system; and
39	39	(4) assist the Health and Human Services Commission in
40	40	eliminating health and health access disparities in Texas among
41	41	racial, multicultural, disadvantaged, ethnic, and regional
42	42	populations.
43	43	Sec. 2.002. COMPOSITION OF COUNCIL; MEETINGS. (a) The
44	44	council consists of:
45	45	(1) one representative from each of the following
46	46	agencies appointed by the executive director, director, or
47	47	commissioner of each agency:
48	48	(A) the Texas Education Agency;
49	49	(B) the Center for Elimination of
50	50	Disproportionality and Disparities within the Health and Human
51	51	Services Commission;
52	52	(C) the Department of Assistive and
53	53	Rehabilitative Services;
54	54	(D) the Department of Aging and Disability
55	55	Services;
56	56	(E) the Department of State Health Services;
57	57	(F) the Department of Family and Protective
58	58	Services;
59	59	(G) the Texas Youth Commission;
60	60	(H) the Texas Juvenile Probation Commission;
61	61	(I) the Health and Human Services Commission; and
62	62	(J) the Office of Court Administration of the
63	63	Texas Judicial System;
64	64	(2) one representative of the office of the attorney
65	65	general appointed by the attorney general;
66	66	(3) one representative of the Permanent Judicial
67	67	Commission for Children, Youth and Families appointed by the chair
68	68	of the commission;
69	69	(4) one representative of a community-based
70	70	organization that works with child welfare, juvenile justice,
71	71	education, or children's mental health issues appointed by the
72	72	executive commissioner of the Health and Human Services Commission;
73	73	(5) one representative of a faith-based community
74	74	organization appointed by the executive commissioner of the Health
75	75	and Human Services Commission;
76	76	(6) one person who is a former foster care youth
77	77	appointed by the executive commissioner of the Health and Human
78	78	Services Commission; and
79	79	(7) two representatives of the medical community
80	80	appointed by the executive commissioner of the Health and Human
81	81	Services Commission.
82	82	(b) A representative of an agency appointed to the council
83	83	must have an overall understanding of the agency's mission and
84	84	purpose and substantial experience and expertise relating to the
85	85	administration of the agency's policies, programs, and activities.
86	86	(c) The representative from the Center for Elimination of
87	87	Disproportionality and Disparities within the Health and Human
88	88	Services Commission serves as the presiding officer of the council.
89	89	(d) A person who is appointed to the council must complete a
90	90	cultural competency training program approved by the presiding
91	91	officer of the council.
92	92	(e) The council shall meet at least quarterly.
93	93	Sec. 2.003. COUNCIL DUTIES IN PREPARATION OF REPORT. The
94	94	council's duties include:
95	95	(1) reviewing the delivery of public and private child
96	96	welfare, juvenile justice, and mental health services to evaluate
97	97	the disproportionate rates of use of the services by children who
98	98	are members of a racial or ethnic minority group;
99	99	(2) reviewing the delivery of public and private
100	100	education services to determine which of those services are
101	101	delivered disproportionately to children who are members of a
102	102	racial or ethnic minority group;
103	103	(3) reviewing federal, state, and local funds
104	104	appropriated to address the disproportionate use of children's
105	105	services by children who are members of a racial or ethnic minority
106	106	group;
107	107	(4) reviewing current best practice standards
108	108	addressing the disproportionate use of children's services by
109	109	children who are members of a racial or ethnic minority group;
110	110	(5) examining the qualifications and training of
111	111	children's service providers and making recommendations for
112	112	training curriculum and other necessary changes;
113	113	(6) recommending methods to improve use of available
114	114	public and private funds to address the disproportionate use of
115	115	children's services by children who are members of a racial or
116	116	ethnic minority group;
117	117	(7) providing information concerning identified unmet
118	118	children's service needs and providing recommendations concerning
119	119	the development of resources to meet the identified needs;
120	120	(8) examining outcomes for children who are members of
121	121	a racial or ethnic minority group who have exited or will exit the
122	122	public and private child welfare, juvenile justice, mental health,
123	123	and education systems;
124	124	(9) recommending administrative and legislative
125	125	actions related to appropriate programs and services to reduce and
126	126	eliminate disparities in the systems and improve the long-term
127	127	outcomes for children who are members of a racial or ethnic minority
128	128	group who are served by the systems; and
129	129	(10) preparing a report consisting of the council's
130	130	findings and recommendations, and the presentation of an
131	131	implementation plan to address disproportionate representation of
132	132	children who are members of a racial or ethnic minority group in the
133	133	use of children's services.
134	134	Sec. 2.004. ADDITIONAL COUNCIL DUTIES. (a) The council
135	135	shall:
136	136	(1) investigate and report on issues related to health
137	137	and health access disparities among racial, multicultural,
138	138	disadvantaged, ethnic, and regional populations;
139	139	(2) develop short-term and long-term strategies to
140	140	eliminate health and health access disparities among racial,
141	141	multicultural, disadvantaged, ethnic, and regional populations;
142	142	(3) monitor the progress of each health and human
143	143	services agency in eliminating health and health access
144	144	disparities; and
145	145	(4) advise each health and human services agency on
146	146	the implementation of any targeted programs or funding authorized
147	147	by the legislature to address health and health access disparities.
148	148	(b) In performing the duties described by Subsection (a),
149	149	the council shall consult with each health and human services
150	150	agency, the Center for Elimination of Disproportionality and
151	151	Disparities, and any other relevant division of the Health and
152	152	Human Services Commission.
153	153	(c) If the council develops information in the course of
154	154	performing its duties under this section, the council shall attach
155	155	that information to the report required by Section 2.005.
156	156	Sec. 2.005. COUNCIL REPORT. Not later than December 1,
157	157	2012, the council shall prepare and submit to the lieutenant
158	158	governor, the speaker of the house of representatives, and the
159	159	legislature a report containing the council's findings and
160	160	recommendations for addressing the disproportionate representation
161	161	of children who are members of a racial or ethnic minority group in
162	162	the use of children's services and the council's recommendation as
163	163	to whether to continue the council.
164	164	Sec. 2.006. REIMBURSEMENT FOR EXPENSES. A council member
165	165	is not entitled to compensation but may be entitled to
166	166	reimbursement for the member's travel expenses as provided by
167	167	Chapter 660, Government Code, and the General Appropriations Act.
168	168	Sec. 2.007. APPLICABILITY OF OTHER LAW. Chapter 2110,
169	169	Government Code, does not apply to the council.
170	170	Sec. 2.008. EXPIRATION OF CHAPTER. This chapter expires
171	171	December 1, 2013.
172	172	SECTION 2. Chapter 107A, Health and Safety Code, is amended
173	173	to read as follows:
174	174	CHAPTER 107A. CENTER FOR [OFFICE FOR THE] ELIMINATION OF
175	175	DISPROPORTIONALITY AND [HEALTH] DISPARITIES
176	176	Sec. 107A.001. CENTER FOR [OFFICE FOR THE] ELIMINATION OF
177	177	DISPROPORTIONALITY AND [HEALTH] DISPARITIES. The executive
178	178	commissioner of the Health and Human Services Commission shall
179	179	maintain a center for [an office for the] elimination of
180	180	disproportionality and [health] disparities in the Health and Human
181	181	Services Commission to:
182	182	(1) assume a leadership role in working or contracting
183	183	with state and federal agencies, universities, private interest
184	184	groups, communities, foundations, and offices of minority health to
185	185	develop health initiatives to decrease or eliminate health and
186	186	health access disparities among racial, multicultural,
187	187	disadvantaged, ethnic, and regional populations, including
188	188	appropriate language services; and
189	189	(2) maximize use of existing resources without
190	190	duplicating existing efforts.
191	191	Sec. 107A.002. POWERS OF CENTER [OFFICE]. The center
192	192	[office] may:
193	193	(1) provide a central information and referral source,
194	194	including a clearinghouse for health disparities information, and
195	195	serve as the primary state resource in coordinating, planning, and
196	196	advocating access to health care services to eliminate health
197	197	disparities in this state;
198	198	(2) coordinate conferences and other training
199	199	opportunities to increase skills among state agencies and
200	200	government staff in management and in the appreciation of cultural
201	201	diversity;
202	202	(3) pursue and administer grant funds for innovative
203	203	projects for communities, groups, and individuals;
204	204	(4) provide recommendations and training in improving
205	205	minority recruitment in state agencies;
206	206	(5) publicize information regarding health
207	207	disparities and minority health issues through the use of the
208	208	media;
209	209	(6) network with existing minority organizations,
210	210	community-based health groups, and statewide health coalitions;
211	211	(7) solicit, receive, and spend grants, gifts, and
212	212	donations from public and private sources; and
213	213	(8) contract with public and private entities in the
214	214	performance of its responsibilities.
215	215	Sec. 107A.003. FUNDING. The Health and Human Services
216	216	Commission may distribute to the center [office] unobligated and
217	217	unexpended appropriations to be used to carry out its powers.
218	218	SECTION 3. Chapter 107, Health and Safety Code, is
219	219	repealed.
220	220	SECTION 4. This Act takes effect immediately if it receives
221	221	a vote of two-thirds of all the members elected to each house, as
222	222	provided by Section 39, Article III, Texas Constitution. If this
223	223	Act does not receive the vote necessary for immediate effect, this
224	224	Act takes effect September 1, 2011.