Texas 2011 - 82nd Regular

Texas Senate Bill SB71 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R27495 EES-D
2	2	By: Nelson S.B. No. 71
3	3	(Raymond)
4	4	Substitute the following for S.B. No. 71: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain reports submitted and analyses conducted
10	10	regarding health and human services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (h), Section 264.701, Family Code, is
13	13	amended to read as follows:
14	14	(h) The committee shall:
15	15	(1) develop and adopt policies and procedures
16	16	governing the system each state agency uses to evaluate the
17	17	effectiveness of programs to prevent or treat child abuse or
18	18	neglect with which the agency contracts;
19	19	(2) develop and adopt standard definitions of "child
20	20	abuse treatment" and "child abuse prevention" to be used in
21	21	implementing and administering the evaluation system created under
22	22	this subchapter;
23	23	(3) develop and adopt standard models and guidelines
24	24	for prevention and treatment of child abuse to be used in
25	25	implementing and administering the evaluation system created under
26	26	this subchapter;
27	27	(4) develop and adopt, in cooperation with each
28	28	affected state agency, a schedule for each agency's adoption and
29	29	implementation of the committee's evaluation system that considers
30	30	each agency's budget cycle;
31	31	(5) develop and adopt a standard report form and a
32	32	reporting schedule for the affected agencies; and
33	33	(6) develop and adopt objective criteria by which the
34	34	performance of child abuse programs may be measured after reports
35	35	under this subchapter are submitted and evaluated[; and
36	36	[(7) report annually to the Board of Protective and
37	37	Regulatory Services, governor, lieutenant governor, and speaker of
38	38	the house of representatives on the results of the committee's
39	39	evaluation process].
40	40	SECTION 2. The heading to Section 531.0274, Government
41	41	Code, is amended to read as follows:
42	42	Sec. 531.0274. COORDINATION AND APPROVAL OF CASELOAD
43	43	ESTIMATES[; REPORT].
44	44	SECTION 3. Subsection (b), Section 531.1235, Government
45	45	Code, is amended to read as follows:
46	46	(b) The advisory board shall prepare a biennial [an annual]
47	47	report with respect to the recommendations of the advisory board
48	48	under Subsection (a). The advisory board shall file the report with
49	49	the commission, the Department of Aging and Disability Services,
50	50	the governor, the lieutenant governor, and the speaker of the house
51	51	of representatives not later than December 15 of each even-numbered
52	52	year.
53	53	SECTION 4. Subsection (b), Section 531.124, Government
54	54	Code, is amended to read as follows:
55	55	(b) The advisory board shall biennially [annually] review
56	56	and comment on the minimum standards adopted under Section 111.041
57	57	and the plan implemented under Subsection (a) and shall include its
58	58	conclusions in the report submitted under Section 531.1235.
59	59	SECTION 5. Subsection (b), Section 11.0045, Health and
60	60	Safety Code, is amended to read as follows:
61	61	(b) The board shall publish the plan not later than
62	62	September 1 of each even-numbered year. The board shall at a
63	63	minimum:
64	64	(1) make the plan available on its generally
65	65	accessible Internet site; and
66	66	(2) make printed copies of the plan available on
67	67	request to members of the public[; and
68	68	[(3) send printed copies of the plan to the governor,
69	69	the lieutenant governor, the speaker of the house of
70	70	representatives, the Legislative Budget Board, and the committees
71	71	of the senate and the house of representatives that have oversight
72	72	responsibilities regarding the board and the department].
73	73	SECTION 6. The heading to Section 32.017, Health and Safety
74	74	Code, is amended to read as follows:
75	75	Sec. 32.017. RECORDS [AND REVIEW].
76	76	SECTION 7. The heading to Section 36.012, Health and Safety
77	77	Code, is amended to read as follows:
78	78	Sec. 36.012. RESEARCH[; REPORT TO LEGISLATURE].
79	79	SECTION 8. Subsection (a), Section 83.005, Health and
80	80	Safety Code, is amended to read as follows:
81	81	(a) The identity of a veteran about whom a report has been
82	82	made under Section 83.002 [or 83.004] may not be disclosed unless
83	83	the veteran consents to the disclosure.
84	84	SECTION 9. Section 83.009, Health and Safety Code, is
85	85	amended to read as follows:
86	86	Sec. 83.009. CERTAIN CASES EXCLUDED. Section [Sections]
87	87	83.002 does [and 83.004 do] not apply to veterans treated before
88	88	January 1, 1982, for symptoms typical of a person who has been
89	89	exposed to a chemical defoliant or herbicide or other causative
90	90	agent, including Agent Orange.
91	91	SECTION 10. Subsection (c), Section 94.001, Health and
92	92	Safety Code, is amended to read as follows:
93	93	(c) The department shall update the state plan developed
94	94	under this section biennially [and shall, not later than October 1
95	95	of each even-numbered year, file the state plan with the governor,
96	96	lieutenant governor, and speaker of the house of representatives].
97	97	SECTION 11. Subsection (h), Section 108.0065, Health and
98	98	Safety Code, is amended to read as follows:
99	99	(h) The commission, using existing funds, may contract with
100	100	an entity to comply with the requirements under Subsection
101	101	[Subsections] (e) [and (f)].
102	102	SECTION 12. Subsection (g), Section 533.032, Health and
103	103	Safety Code, is amended to read as follows:
104	104	(g) The department shall:
105	105	(1) attach the report [reports] required by Subsection
106	106	[Subsections] (c) [and (e)] to the department's legislative
107	107	appropriations request for each biennium;
108	108	(2) at the time the department presents its
109	109	legislative appropriations request, present the report [reports]
110	110	to the:
111	111	(A) governor;
112	112	(B) governor's budget office;
113	113	(C) lieutenant governor;
114	114	(D) speaker of the house of representatives;
115	115	(E) Legislative Budget Board; and
116	116	(F) Health and Human Services Commission; and
117	117	(3) update the department's long-range plan biennially
118	118	and include the report [reports] in the plan.
119	119	SECTION 13. Subsection (a), Section 533.0415, Health and
120	120	Safety Code, is amended to read as follows:
121	121	(a) The department, the Texas Department of Human Services,
122	122	the Texas Youth Commission, the Texas Juvenile Probation
123	123	Commission, and the Texas Education Agency by rule shall adopt a
124	124	joint memorandum of understanding to develop interagency training
125	125	for the staffs of the agencies involved in the functions of
126	126	assessment, case planning, case management, and in-home or direct
127	127	delivery of services to children, youth, and their families. The
128	128	memorandum must:
129	129	(1) outline the responsibility of each agency in
130	130	coordinating and developing a plan for interagency training on
131	131	individualized assessment and effective intervention and treatment
132	132	services for children and dysfunctional families; and
133	133	(2) provide for the establishment of an interagency
134	134	task force to:
135	135	(A) develop a training program to include
136	136	identified competencies, content, and hours for completion of the
137	137	training with at least 20 hours of training required each year until
138	138	the program is completed;
139	139	(B) design a plan for implementing the program,
140	140	including regional site selection, frequency of training, and
141	141	selection of experienced clinical public and private professionals
142	142	or consultants to lead the training; and
143	143	(C) monitor, evaluate, and revise the training
144	144	program, including the development of additional curricula based on
145	145	future training needs identified by staff and professionals[; and
146	146	[(D) submit a report to the governor, lieutenant
147	147	governor, and speaker of the house of representatives by October 15
148	148	of each even-numbered year].
149	149	SECTION 14. Subsection (d), Section 22.005, Human Resources
150	150	Code, is amended to read as follows:
151	151	(d) With the approval of the comptroller, the department
152	152	shall establish an internal accounting system, and the department's
153	153	expenditures shall be allocated to the various funds according to
154	154	the system. [At the end of each fiscal biennium the department
155	155	shall report to the comptroller the amount of the unencumbered
156	156	balances in each of the department's operating funds that belongs
157	157	to the children's assistance fund and the medical assistance fund,
158	158	and those unencumbered balances shall be returned to the
159	159	appropriate special fund.]
160	160	SECTION 15. Subsection (d), Section 33.002, Human Resources
161	161	Code, is amended to read as follows:
162	162	(d) The department shall continually monitor the expedited
163	163	issuance of food stamp benefits to ensure that each region in the
164	164	state complies with federal regulations and that those households
165	165	eligible for expedited issuance are identified, processed, and
166	166	certified within the timeframes prescribed within the federal
167	167	regulations. [As soon as practicable after the end of each fiscal
168	168	year, the department shall report to the Governor's Office of
169	169	Budget and Planning, the Legislative Budget Board, the state
170	170	auditor, and the department's board members regarding its
171	171	monitoring of expedited issuance and the degree of compliance with
172	172	federal regulations on a region-by-region basis. The department
173	173	shall notify members of the legislature and the standing committees
174	174	of the senate and house of representatives having primary
175	175	jurisdiction over the department of the filing of the report.]
176	176	SECTION 16. Section 34.006, Human Resources Code, is
177	177	amended to read as follows:
178	178	Sec. 34.006. STUDY. The Texas Workforce Commission, in
179	179	collaboration with local workforce development boards and the
180	180	appropriate standing committees of the senate and house of
181	181	representatives, shall:
182	182	(1) study methods to improve the delivery of workforce
183	183	services to persons residing in minimum service counties, as
184	184	defined by the commission; and
185	185	(2) develop recommendations to improve the delivery of
186	186	services described by Subdivision (1) [for inclusion in the report
187	187	required by Section 34.007].
188	188	SECTION 17. Subsection (b), Section 52.001, Human Resources
189	189	Code, is amended to read as follows:
190	190	(b) The [Consistent with the provisions of the Memorandum of
191	191	Understanding on Family Planning Services required by Section
192	192	22.012, Human Resources Code, the] department shall:
193	193	(1) set guidelines for keeping statistical
194	194	information on school age pregnancy and parenthood by agencies,
195	195	organizations, and individuals so that the information may be
196	196	evaluated and compared;
197	197	(2) collect information relating to school age
198	198	pregnancy as considered necessary by the department, including
199	199	information on educational programs provided in the public school
200	200	system relating to family life education, abstinence from sex, and
201	201	sexually transmitted diseases;
202	202	(3) serve as a statewide clearinghouse on information
203	203	relating to school age pregnancy and education on abstinence from
204	204	sex and make it available to the legislature, other state agencies,
205	205	and private entities that are involved in preventing school age
206	206	pregnancy, addressing the problems caused by school age pregnancy,
207	207	or encouraging abstinence from sex;
208	208	(4) analyze and evaluate the data collected on and
209	209	studies relating to school age pregnancy and make the analysis and
210	210	information readily available to the legislature, relevant
211	211	agencies, and the public; and
212	212	(5) make recommendations to the relevant state
213	213	agencies or the legislature to prevent duplication of services[;
214	214	and
215	215	[(6) submit a report each regular session to the
216	216	legislature on the status of school age pregnancy programs in the
217	217	state and the department's progress in meeting the requirements of
218	218	this section].
219	219	SECTION 18. Section 131.005, Human Resources Code, is
220	220	amended to read as follows:
221	221	Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
222	222	and human services agency that provides, purchases, or otherwise
223	223	funds transportation services for clients shall:
224	224	(1) comply with the standardized system of reporting
225	225	and accounting established by the office under Section
226	226	131.003(a)(3); and
227	227	(2) make any changes to agency data collection systems
228	228	that are necessary to enable the agency to comply with the
229	229	standardized system[; and
230	230	[(3) not later than August 31 of each year, submit to
231	231	the office a report relating to transportation services that
232	232	complies with the standardized system].
233	233	SECTION 19. Section 131.006, Human Resources Code, is
234	234	amended to read as follows:
235	235	Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION
236	236	PLAN. In order to implement the statewide coordination plan
237	237	created by the office under Section 131.003(a)(2), the office
238	238	shall:
239	239	(1) review rules, policies, contracts, grants, and
240	240	funding mechanisms relating to transportation services of each
241	241	health and human services agency that provides, purchases, or
242	242	otherwise funds transportation services for clients to determine
243	243	whether the rules, policies, contracts, grants, and funding
244	244	mechanisms are consistent with the plan; and
245	245	(2) make recommendations for revisions to rules,
246	246	policies, contracts, grants, and funding mechanisms determined
247	247	under Subdivision (1) to be inconsistent with the plan[; and
248	248	[(3) not later than September 30 of each even-numbered
249	249	year, submit a report by electronic mail and by hand delivery to the
250	250	governor, the secretary of state, the Legislative Budget Board, and
251	251	the commissioner relating to the results of the review conducted by
252	252	the office under this section].
253	253	SECTION 20. Subsection (c), Section 264.205, Family Code,
254	254	is repealed.
255	255	SECTION 21. The following provisions of the Government Code
256	256	are repealed:
257	257	(1) Section 531.0243;
258	258	(2) Subsection (b), Section 531.0273;
259	259	(3) Subsections (c), (d), and (e), Section 531.0274;
260	260	(4) Section 531.029;
261	261	(5) Section 531.0311;
262	262	(6) Subsection (b), Section 531.056;
263	263	(7) Subsection (l), Section 531.070;
264	264	(8) Subsection (f), Section 531.110;
265	265	(9) Section 531.603;
266	266	(10) Section 752.005;
267	267	(11) Section 752.006; and
268	268	(12) Subchapter G, Chapter 531.
269	269	SECTION 22. The following provisions of the Health and
270	270	Safety Code are repealed:
271	271	(1) Subsections (c), (d), and (e), Section 32.017;
272	272	(2) Subsection (b), Section 36.012;
273	273	(3) Subsection (e), Section 62.104;
274	274	(4) Section 83.004;
275	275	(5) Subsections (f) and (g), Section 108.0065;
276	276	(6) Section 121.0067;
277	277	(7) Subsection (i), Section 532.021;
278	278	(8) Subsections (e) and (f), Section 533.032;
279	279	(9) Subsection (e), Section 533.033;
280	280	(10) Section 533.036;
281	281	(11) Subsection (b), Section 533.049;
282	282	(12) Subsection (b), Section 533.050;
283	283	(13) Subsection (d), Section 534.022;
284	284	(14) Subsection (d), Section 571.0065; and
285	285	(15) Section 1001.031.
286	286	SECTION 23. The following provisions of the Human Resources
287	287	Code are repealed:
288	288	(1) Subsection (b), Section 22.025;
289	289	(2) Subsection (c), Section 22.0255;
290	290	(3) Section 31.0034;
291	291	(4) Subsection (d), Section 31.0325;
292	292	(5) Subsection (s), Section 32.021;
293	293	(6) Subsection (d), Section 32.048;
294	294	(7) Subsection (d), Section 32.055;
295	295	(8) Section 32.257;
296	296	(9) Subsection (c), Section 33.0022;
297	297	(10) Section 34.007;
298	298	(11) Subsection (c), Section 52.001;
299	299	(12) Section 117.031; and
300	300	(13) Section 161.031.
301	301	SECTION 24. The following provisions of the Occupations
302	302	Code are repealed:
303	303	(1) Section 505.207; and
304	304	(2) Section 603.157.
305	305	SECTION 25. Section 1.23, Chapter 198 (H.B. 2292), Acts of
306	306	the 78th Legislature, Regular Session, 2003, is repealed.
307	307	SECTION 26. This Act takes effect September 1, 2011.