82R27495 EES-D
By: Nelson S.B. No. 71
(Raymond)
Substitute the following for S.B. No. 71: No.
A BILL TO BE ENTITLED
AN ACT
relating to certain reports submitted and analyses conducted
regarding health and human services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (h), Section 264.701, Family Code, is
amended to read as follows:
(h) The committee shall:
(1) develop and adopt policies and procedures
governing the system each state agency uses to evaluate the
effectiveness of programs to prevent or treat child abuse or
neglect with which the agency contracts;
(2) develop and adopt standard definitions of "child
abuse treatment" and "child abuse prevention" to be used in
implementing and administering the evaluation system created under
this subchapter;
(3) develop and adopt standard models and guidelines
for prevention and treatment of child abuse to be used in
implementing and administering the evaluation system created under
this subchapter;
(4) develop and adopt, in cooperation with each
affected state agency, a schedule for each agency's adoption and
implementation of the committee's evaluation system that considers
each agency's budget cycle;
(5) develop and adopt a standard report form and a
reporting schedule for the affected agencies; and
(6) develop and adopt objective criteria by which the
performance of child abuse programs may be measured after reports
under this subchapter are submitted and evaluated[; and
[(7) report annually to the Board of Protective and
Regulatory Services, governor, lieutenant governor, and speaker of
the house of representatives on the results of the committee's
evaluation process].
SECTION 2. The heading to Section 531.0274, Government
Code, is amended to read as follows:
Sec. 531.0274. COORDINATION AND APPROVAL OF CASELOAD
ESTIMATES[; REPORT].
SECTION 3. Subsection (b), Section 531.1235, Government
Code, is amended to read as follows:
(b) The advisory board shall prepare a biennial [an annual]
report with respect to the recommendations of the advisory board
under Subsection (a). The advisory board shall file the report with
the commission, the Department of Aging and Disability Services,
the governor, the lieutenant governor, and the speaker of the house
of representatives not later than December 15 of each even-numbered
year.
SECTION 4. Subsection (b), Section 531.124, Government
Code, is amended to read as follows:
(b) The advisory board shall biennially [annually] review
and comment on the minimum standards adopted under Section 111.041
and the plan implemented under Subsection (a) and shall include its
conclusions in the report submitted under Section 531.1235.
SECTION 5. Subsection (b), Section 11.0045, Health and
Safety Code, is amended to read as follows:
(b) The board shall publish the plan not later than
September 1 of each even-numbered year. The board shall at a
minimum:
(1) make the plan available on its generally
accessible Internet site; and
(2) make printed copies of the plan available on
request to members of the public[; and
[(3) send printed copies of the plan to the governor,
the lieutenant governor, the speaker of the house of
representatives, the Legislative Budget Board, and the committees
of the senate and the house of representatives that have oversight
responsibilities regarding the board and the department].
SECTION 6. The heading to Section 32.017, Health and Safety
Code, is amended to read as follows:
Sec. 32.017. RECORDS [AND REVIEW].
SECTION 7. The heading to Section 36.012, Health and Safety
Code, is amended to read as follows:
Sec. 36.012. RESEARCH[; REPORT TO LEGISLATURE].
SECTION 8. Subsection (a), Section 83.005, Health and
Safety Code, is amended to read as follows:
(a) The identity of a veteran about whom a report has been
made under Section 83.002 [or 83.004] may not be disclosed unless
the veteran consents to the disclosure.
SECTION 9. Section 83.009, Health and Safety Code, is
amended to read as follows:
Sec. 83.009. CERTAIN CASES EXCLUDED. Section [Sections]
83.002 does [and 83.004 do] not apply to veterans treated before
January 1, 1982, for symptoms typical of a person who has been
exposed to a chemical defoliant or herbicide or other causative
agent, including Agent Orange.
SECTION 10. Subsection (c), Section 94.001, Health and
Safety Code, is amended to read as follows:
(c) The department shall update the state plan developed
under this section biennially [and shall, not later than October 1
of each even-numbered year, file the state plan with the governor,
lieutenant governor, and speaker of the house of representatives].
SECTION 11. Subsection (h), Section 108.0065, Health and
Safety Code, is amended to read as follows:
(h) The commission, using existing funds, may contract with
an entity to comply with the requirements under Subsection
[Subsections] (e) [and (f)].
SECTION 12. Subsection (g), Section 533.032, Health and
Safety Code, is amended to read as follows:
(g) The department shall:
(1) attach the report [reports] required by Subsection
[Subsections] (c) [and (e)] to the department's legislative
appropriations request for each biennium;
(2) at the time the department presents its
legislative appropriations request, present the report [reports]
to the:
(A) governor;
(B) governor's budget office;
(C) lieutenant governor;
(D) speaker of the house of representatives;
(E) Legislative Budget Board; and
(F) Health and Human Services Commission; and
(3) update the department's long-range plan biennially
and include the report [reports] in the plan.
SECTION 13. Subsection (a), Section 533.0415, Health and
Safety Code, is amended to read as follows:
(a) The department, the Texas Department of Human Services,
the Texas Youth Commission, the Texas Juvenile Probation
Commission, and the Texas Education Agency by rule shall adopt a
joint memorandum of understanding to develop interagency training
for the staffs of the agencies involved in the functions of
assessment, case planning, case management, and in-home or direct
delivery of services to children, youth, and their families. The
memorandum must:
(1) outline the responsibility of each agency in
coordinating and developing a plan for interagency training on
individualized assessment and effective intervention and treatment
services for children and dysfunctional families; and
(2) provide for the establishment of an interagency
task force to:
(A) develop a training program to include
identified competencies, content, and hours for completion of the
training with at least 20 hours of training required each year until
the program is completed;
(B) design a plan for implementing the program,
including regional site selection, frequency of training, and
selection of experienced clinical public and private professionals
or consultants to lead the training; and
(C) monitor, evaluate, and revise the training
program, including the development of additional curricula based on
future training needs identified by staff and professionals[; and
[(D) submit a report to the governor, lieutenant
governor, and speaker of the house of representatives by October 15
of each even-numbered year].
SECTION 14. Subsection (d), Section 22.005, Human Resources
Code, is amended to read as follows:
(d) With the approval of the comptroller, the department
shall establish an internal accounting system, and the department's
expenditures shall be allocated to the various funds according to
the system. [At the end of each fiscal biennium the department
shall report to the comptroller the amount of the unencumbered
balances in each of the department's operating funds that belongs
to the children's assistance fund and the medical assistance fund,
and those unencumbered balances shall be returned to the
appropriate special fund.]
SECTION 15. Subsection (d), Section 33.002, Human Resources
Code, is amended to read as follows:
(d) The department shall continually monitor the expedited
issuance of food stamp benefits to ensure that each region in the
state complies with federal regulations and that those households
eligible for expedited issuance are identified, processed, and
certified within the timeframes prescribed within the federal
regulations. [As soon as practicable after the end of each fiscal
year, the department shall report to the Governor's Office of
Budget and Planning, the Legislative Budget Board, the state
auditor, and the department's board members regarding its
monitoring of expedited issuance and the degree of compliance with
federal regulations on a region-by-region basis. The department
shall notify members of the legislature and the standing committees
of the senate and house of representatives having primary
jurisdiction over the department of the filing of the report.]
SECTION 16. Section 34.006, Human Resources Code, is
amended to read as follows:
Sec. 34.006. STUDY. The Texas Workforce Commission, in
collaboration with local workforce development boards and the
appropriate standing committees of the senate and house of
representatives, shall:
(1) study methods to improve the delivery of workforce
services to persons residing in minimum service counties, as
defined by the commission; and
(2) develop recommendations to improve the delivery of
services described by Subdivision (1) [for inclusion in the report
required by Section 34.007].
SECTION 17. Subsection (b), Section 52.001, Human Resources
Code, is amended to read as follows:
(b) The [Consistent with the provisions of the Memorandum of
Understanding on Family Planning Services required by Section
22.012, Human Resources Code, the] department shall:
(1) set guidelines for keeping statistical
information on school age pregnancy and parenthood by agencies,
organizations, and individuals so that the information may be
evaluated and compared;
(2) collect information relating to school age
pregnancy as considered necessary by the department, including
information on educational programs provided in the public school
system relating to family life education, abstinence from sex, and
sexually transmitted diseases;
(3) serve as a statewide clearinghouse on information
relating to school age pregnancy and education on abstinence from
sex and make it available to the legislature, other state agencies,
and private entities that are involved in preventing school age
pregnancy, addressing the problems caused by school age pregnancy,
or encouraging abstinence from sex;
(4) analyze and evaluate the data collected on and
studies relating to school age pregnancy and make the analysis and
information readily available to the legislature, relevant
agencies, and the public; and
(5) make recommendations to the relevant state
agencies or the legislature to prevent duplication of services[;
and
[(6) submit a report each regular session to the
legislature on the status of school age pregnancy programs in the
state and the department's progress in meeting the requirements of
this section].
SECTION 18. Section 131.005, Human Resources Code, is
amended to read as follows:
Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
and human services agency that provides, purchases, or otherwise
funds transportation services for clients shall:
(1) comply with the standardized system of reporting
and accounting established by the office under Section
131.003(a)(3); and
(2) make any changes to agency data collection systems
that are necessary to enable the agency to comply with the
standardized system[; and
[(3) not later than August 31 of each year, submit to
the office a report relating to transportation services that
complies with the standardized system].
SECTION 19. Section 131.006, Human Resources Code, is
amended to read as follows:
Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION
PLAN. In order to implement the statewide coordination plan
created by the office under Section 131.003(a)(2), the office
shall:
(1) review rules, policies, contracts, grants, and
funding mechanisms relating to transportation services of each
health and human services agency that provides, purchases, or
otherwise funds transportation services for clients to determine
whether the rules, policies, contracts, grants, and funding
mechanisms are consistent with the plan; and
(2) make recommendations for revisions to rules,
policies, contracts, grants, and funding mechanisms determined
under Subdivision (1) to be inconsistent with the plan[; and
[(3) not later than September 30 of each even-numbered
year, submit a report by electronic mail and by hand delivery to the
governor, the secretary of state, the Legislative Budget Board, and
the commissioner relating to the results of the review conducted by
the office under this section].
SECTION 20. Subsection (c), Section 264.205, Family Code,
is repealed.
SECTION 21. The following provisions of the Government Code
are repealed:
(1) Section 531.0243;
(2) Subsection (b), Section 531.0273;
(3) Subsections (c), (d), and (e), Section 531.0274;
(4) Section 531.029;
(5) Section 531.0311;
(6) Subsection (b), Section 531.056;
(7) Subsection (l), Section 531.070;
(8) Subsection (f), Section 531.110;
(9) Section 531.603;
(10) Section 752.005;
(11) Section 752.006; and
(12) Subchapter G, Chapter 531.
SECTION 22. The following provisions of the Health and
Safety Code are repealed:
(1) Subsections (c), (d), and (e), Section 32.017;
(2) Subsection (b), Section 36.012;
(3) Subsection (e), Section 62.104;
(4) Section 83.004;
(5) Subsections (f) and (g), Section 108.0065;
(6) Section 121.0067;
(7) Subsection (i), Section 532.021;
(8) Subsections (e) and (f), Section 533.032;
(9) Subsection (e), Section 533.033;
(10) Section 533.036;
(11) Subsection (b), Section 533.049;
(12) Subsection (b), Section 533.050;
(13) Subsection (d), Section 534.022;
(14) Subsection (d), Section 571.0065; and
(15) Section 1001.031.
SECTION 23. The following provisions of the Human Resources
Code are repealed:
(1) Subsection (b), Section 22.025;
(2) Subsection (c), Section 22.0255;
(3) Section 31.0034;
(4) Subsection (d), Section 31.0325;
(5) Subsection (s), Section 32.021;
(6) Subsection (d), Section 32.048;
(7) Subsection (d), Section 32.055;
(8) Section 32.257;
(9) Subsection (c), Section 33.0022;
(10) Section 34.007;
(11) Subsection (c), Section 52.001;
(12) Section 117.031; and
(13) Section 161.031.
SECTION 24. The following provisions of the Occupations
Code are repealed:
(1) Section 505.207; and
(2) Section 603.157.
SECTION 25. Section 1.23, Chapter 198 (H.B. 2292), Acts of
the 78th Legislature, Regular Session, 2003, is repealed.
SECTION 26. This Act takes effect September 1, 2011.