Texas 2011 - 82nd Regular

Texas Senate Bill SB1580 Compare Versions

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1	1	By: Ogden S.B. No. 1580
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Finance; April 26, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 11, Nays 4; April 26, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1580 By: Ogden
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to state fiscal matters related to health and human
12	12	services and state agencies administering health and human services
13	13	programs.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES AND
16	16	COST-SAVING MEASURES GENERALLY
17	17	SECTION 1.01. This article applies to any state agency that
18	18	receives an appropriation under Article II of the General
19	19	Appropriations Act and to any program administered by any of those
20	20	agencies.
21	21	SECTION 1.02. Notwithstanding any other statute of this
22	22	state, each state agency to which this article applies is
23	23	authorized to reduce or recover expenditures by:
24	24	(1) consolidating any reports or publications the
25	25	agency is required to make and filing or delivering any of those
26	26	reports or publications exclusively by electronic means;
27	27	(2) extending the effective period of any license,
28	28	permit, or registration the agency grants or administers;
29	29	(3) entering into a contract with another governmental
30	30	entity or with a private vendor to carry out any of the agency's
31	31	duties;
32	32	(4) adopting additional eligibility requirements
33	33	consistent with federal law for persons who receive benefits under
34	34	any law the agency administers to ensure that those benefits are
35	35	received by the most deserving persons consistent with the purposes
36	36	for which the benefits are provided, including under the following
37	37	laws:
38	38	(A) Chapter 62, Health and Safety Code (child
39	39	health plan program);
40	40	(B) Chapter 31, Human Resources Code (temporary
41	41	assistance for needy families program);
42	42	(C) Chapter 32, Human Resources Code (Medicaid
43	43	program);
44	44	(D) Chapter 33, Human Resources Code
45	45	(supplemental nutrition assistance and other nutritional
46	46	assistance programs); and
47	47	(E) Chapter 533, Government Code (Medicaid
48	48	managed care);
49	49	(5) providing that any communication between the
50	50	agency and another person and any document required to be delivered
51	51	to or by the agency, including any application, notice, billing
52	52	statement, receipt, or certificate, may be made or delivered by
53	53	e-mail or through the Internet;
54	54	(6) adopting and collecting fees or charges to cover
55	55	any costs the agency incurs in performing its lawful functions; and
56	56	(7) modifying and streamlining processes used in:
57	57	(A) the conduct of eligibility determinations
58	58	for programs listed in Subdivision (4) of this subsection by or
59	59	under the direction of the Health and Human Services Commission;
60	60	(B) the provision of child and adult protective
61	61	services by the Department of Family and Protective Services;
62	62	(C) the provision of services for the aging and
63	63	disabled by the Department of Aging and Disability Services;
64	64	(D) the provision of services to children and
65	65	other persons with disabilities by the Department of Assistive and
66	66	Rehabilitative Services;
67	67	(E) the provision of community health services,
68	68	consumer protection services, mental health services, and hospital
69	69	facilities and services by the Department of State Health Services;
70	70	and
71	71	(F) the provision or administration of other
72	72	services provided or programs operated by the Health and Human
73	73	Services Commission or a health and human services agency, as
74	74	defined by Section 531.001, Government Code.
75	75	ARTICLE 2. FEES ASSESSED BY CERTAIN HEALTH AND HUMAN SERVICES
76	76	AGENCIES FOR LICENSING, REGISTRATION, AND OTHER SERVICES
77	77	SECTION 2.01. Section 12.0111, Health and Safety Code, is
78	78	amended by adding Subsection (e) to read as follows:
79	79	(e) Notwithstanding any other provision of law that places a
80	80	limit on the amount of a fee that the department or a regulatory
81	81	board or other agency under the jurisdiction of the department or
82	82	administratively attached to the department may charge for issuing
83	83	or renewing a license, the executive commissioner of the Health and
84	84	Human Services Commission, on or after September 1, 2011, may adopt
85	85	rules increasing fees for issuing or renewing a license by up to
86	86	five percent above the amount assessed immediately before September
87	87	1, 2011.
88	88	SECTION 2.02. Section 12.032, Health and Safety Code, is
89	89	amended by amending Subsection (c) and adding Subsection (f) to
90	90	read as follows:
91	91	(c) A [The amount of a] fee charged for a public health
92	92	service must be set in an amount necessary to recover, at a minimum,
93	93	all costs [may not exceed the cost] to the department of
94	94	administering [providing] the service.
95	95	(f) Notwithstanding any other provision of law that places a
96	96	limit on the amount of a fee charged for a public health service,
97	97	the executive commissioner of the Health and Human Services
98	98	Commission, on or after September 1, 2011, may adopt rules
99	99	increasing fees for public health services administered by the
100	100	department by up to 12 percent above the amount assessed
101	101	immediately before September 1, 2011.
102	102	SECTION 2.03. Subsections (a) through (e), Section 42.054,
103	103	Human Resources Code, are amended to read as follows:
104	104	(a) The department shall charge an applicant a
105	105	nonrefundable application fee of $105 [$35] for an initial license
106	106	to operate a child-care facility or a child-placing agency.
107	107	(b) The department shall charge each child-care facility a
108	108	fee of $105 [$35] for an initial license. The department shall
109	109	charge each child-placing agency a fee of $150 [$50] for an initial
110	110	license.
111	111	(c) The department shall charge each licensed child-care
112	112	facility an annual license fee in the amount of $105 [$35] plus $3
113	113	[$1] for each child the child-care facility is permitted to serve.
114	114	The fee is due on the date on which the department issues the
115	115	child-care facility's initial license and on the anniversary of
116	116	that date.
117	117	(d) The department shall charge each licensed child-placing
118	118	agency an annual license fee of $300 [$100]. The fee is due on the
119	119	date on which the department issues the child-placing agency's
120	120	initial license and on the anniversary of that date.
121	121	(e) The department shall charge each family home that is
122	122	listed or registered with the department an annual fee to cover a
123	123	part of the department's cost in regulating family homes. The
124	124	amount of the fee is $60 [$20] for a listed home or $105 [$35] for a
125	125	registered home. The fee is due on the date on which the department
126	126	initially lists or registers the home and on the anniversary of that
127	127	date.
128	128	SECTION 2.04. Section 42.054, Human Resources Code, as
129	129	amended by this article, applies to an application filed with the
130	130	Department of Family and Protective Services, or an initial or
131	131	annual license fee assessed by the department, on or after the
132	132	effective date of this Act. An application filed or a licensing fee
133	133	assessed before that date is governed by the law in effect on the
134	134	date the application was filed or the licensing fee was assessed,
135	135	and the former law is continued in effect for that purpose.
136	136	ARTICLE 3. EFFECTIVE DATE
137	137	SECTION 3.01. This Act takes effect September 1, 2011.
138	138	* * * * *