By: Raymond, Burkett, Price H.B. No. 2463
(Senate Sponsor - Campbell)
(In the Senate - Received from the House April 13, 2015;
April 21, 2015, read first time and referred to Committee on Health
and Human Services; May 18, 2015, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9, Nays
0; May 18, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2463 By: Campbell
COMMITTEE VOTE
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A BILL TO BE ENTITLED
AN ACT
relating to the continuation of the functions of the Department of
Assistive and Rehabilitative Services and certain other functions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 117.001, Human Resources Code, is
amended by amending Subdivision (1) and adding Subdivisions (1-a),
(1-b), (4-a), and (4-b) to read as follows:
(1) "Caseworker" means a department employee who
manages a client's case under a direct services program and
provides direct services to the client under the program.
(1-a) "Center for independent living" has the meaning
assigned by Section 702 of the federal Rehabilitation Act of 1973
(29 U.S.C. Section 796a).
(1-b) "Commission" means the Health and Human Services
Commission.
(4-a) "Direct services" means services provided to a
client by a department employee, including counseling,
facilitating the purchase of services from a source other than the
department, and purchasing equipment and other items and providing
other services necessary for the client to successfully complete a
department program.
(4-b) "Direct services program" means a program
operated by the department through which direct services are
provided.
SECTION 2. Subchapter D, Chapter 117, Human Resources Code,
is amended by adding Sections 117.079, 117.080, 117.081, and
117.082 to read as follows:
Sec. 117.079. INTEGRATION OF INDEPENDENT LIVING SERVICES
PROGRAMS. (a) Not later than September 1, 2016, the department
shall integrate into a single independent living services program
the following programs that the department operates under Title VII
of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et
seq.):
(1) the Independent Living Program for individuals who
are blind or have visual impairments; and
(2) the Independent Living Services Program for
individuals with significant disabilities.
(b) The executive commissioner shall adopt any rules
necessary to facilitate the integration of the programs identified
in Subsection (a), including rules that direct the department, as
the single designated state entity responsible for administering
the state's independent living services program, to comply with the
requirements of 29 U.S.C. Section 796c for the integrated program.
(c) This section expires September 1, 2017.
Sec. 117.080. PROVISION OF INDEPENDENT LIVING SERVICES.
(a) The department shall ensure that all services provided under
the independent living services program that the department
operates under Title VII of the federal Rehabilitation Act of 1973
(29 U.S.C. Section 796 et seq.) are directly provided by centers for
independent living, except as provided by Subsection (b), and are
not directly provided by the department.
(b) If an area of the state does not have a center for
independent living, or no center for independent living in that
area is able to provide certain necessary services under the
independent living services program, the department shall seek to
identify a center for independent living that is willing and able to
contract with a nonprofit organization or other person to provide
the independent living services in the area under the program. If
no center for independent living is willing and able to contract
with another organization or other person, the department may
directly contract with an organization or other person who is not a
center for independent living to provide the independent living
services in the area under the program.
(c) The department shall evaluate the independent living
services provided by a center for independent living and shall
provide necessary training or technical assistance to help the
center for independent living expand its capacity to provide a full
range of independent living services.
(d) The department shall monitor the performance of each
center for independent living in providing independent living
services, including how the center for independent living monitors
the performance of the organizations and other persons with whom it
contracts to provide independent living services.
(e) The executive commissioner shall adopt rules to
implement this section that include:
(1) an equitable and transparent methodology for
allocating funds to centers for independent living under the
independent living services program;
(2) requirements applicable to the department in
contracting with centers for independent living to provide
independent living services under the program;
(3) requirements applicable to centers for
independent living in contracting with organizations and other
persons to provide independent living services under the program;
(4) requirements applicable to the department in
contracting with organizations or other persons who are not centers
for independent living to provide independent living services under
the program;
(5) a process for the department to monitor
independent living services contracts;
(6) guidelines on the department's role in providing
technical assistance and training to centers for independent living
as necessary; and
(7) expectations for department employees to refer
persons who contact the department seeking independent living
services to centers for independent living.
(f) Notwithstanding the requirements of this section, the
department shall ensure that services provided under the
independent living services program are provided as required by
this section not later than August 31, 2016. This subsection
expires September 1, 2017.
Sec. 117.081. COMPREHENSIVE REHABILITATION SERVICES
PROGRAM. The department shall operate a comprehensive
rehabilitation services program to provide comprehensive
rehabilitation services to persons with traumatic brain or spinal
cord injuries. The executive commissioner shall adopt rules for
the program that include:
(1) a system of organization for the delivery of the
comprehensive rehabilitation services;
(2) eligibility requirements for the comprehensive
rehabilitation services;
(3) the types of services that may be provided to a
client under the program; and
(4) requirements for client participation in the costs
of the comprehensive rehabilitation services.
Sec. 117.082. CHILDREN'S AUTISM PROGRAM. The department
shall operate a children's autism program to provide services to
children with autism spectrum disorders. The executive
commissioner shall adopt rules for the program that include:
(1) a system of organization for the delivery of the
autism services;
(2) eligibility requirements for the autism services;
(3) the types of services that may be provided to a
client under the program; and
(4) requirements for participation by the client's
family in the costs of the autism services.
SECTION 3. Chapter 117, Human Resources Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN
GENERAL
Sec. 117.091. DIRECT SERVICES PROGRAM CASEWORKER
GUIDELINES. (a) The department shall use program data and best
practices to establish and maintain guidelines that provide
direction for caseworkers' decisions in all of the department's
direct services programs. The guidelines:
(1) must categorize direct services program cases
based on the types of services provided and, for each category,
include provisions addressing:
(A) the recommended length of time a case in that
category should last; and
(B) the recommended total expenditures for a case
in that category;
(2) must include provisions for creating intermediate
goals for a client receiving services through a direct services
program that will allow:
(A) the caseworker to monitor the client's
progress; and
(B) the caseworker's supervisor to evaluate how
the client's case is advancing;
(3) must include criteria for caseworkers to use in
evaluating progress on the intermediate goals described in
Subdivision (2); and
(4) may include other provisions designed to assist
caseworkers and their supervisors to achieve successful outcomes
for clients.
(b) A caseworker may exceed the recommended guidelines
described in Subsection (a)(1) in a direct services program case
but must obtain the approval of the caseworker's supervisor after
documenting the need to exceed the guidelines.
(c) The guidelines established under this section are not
intended to limit the provision of appropriate or necessary
services to a client.
(d) The department shall provide the guidelines established
under this section to caseworkers in a format that allows
caseworkers to easily access the information.
Sec. 117.092. DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM.
(a) The department shall establish and maintain a single, uniform
case review system for all direct services programs.
(b) The case review system must:
(1) include risk assessment tools that account for the
different risks involved in each direct services program;
(2) require that case reviews:
(A) be used to consistently evaluate each direct
services program across all regions, with the goal of evaluating at
least 10 percent of all cases in each program and region annually;
(B) focus on areas of highest risk and prioritize
the review of the following cases:
(i) except as provided by Subparagraph
(ii), cases in which direct services have been provided for more
than two years;
(ii) cases in the Blind Children's
Vocational Discovery and Development Program in which direct
services have been provided for more than five years; and
(iii) cases that are significantly outside
the expenditure guidelines for that type of case;
(C) be used to evaluate a caseworker's
eligibility determinations and decisions to close a case before a
service plan is developed or without the client reaching the
client's goal; and
(D) focus on the quality of a caseworker's
decision-making and compliance with program requirements; and
(3) require a caseworker's supervisor to use the
reviews of a caseworker's cases in conducting the caseworker's
performance evaluation and in providing informal guidance to the
caseworker to improve the caseworker's performance.
Sec. 117.093. DIRECT SERVICES PROGRAM MONITORING. (a)
Department personnel not employed to perform functions directly
under a direct services program must be designated to monitor those
programs from a statewide perspective. The designated personnel
shall collect, monitor, and analyze data relating to direct
services programs and report outcomes and trends to program
managers and, as necessary, the commissioner or other appropriate
executive management.
(b) The monitoring function under Subsection (a) must
include monitoring of:
(1) performance data from all regions and all direct
services programs to identify trends; and
(2) case review data to ensure compliance with the
case review system under Section 117.092.
(c) Personnel designated to perform the monitoring function
required by this section shall work with direct services program
staff to develop objective and detailed outcome measures for the
programs.
(d) The department may conduct internal peer reviews of the
department's field offices at regular intervals to assess the field
offices' compliance with federal regulations and department
policies and to compare each field office's compliance with the
compliance of the other field offices. The department may use
personnel designated to perform the monitoring function required by
this section to facilitate the internal peer reviews.
SECTION 4. (a) Subchapter A, Chapter 117, Human Resources
Code, is amended by adding Sections 117.004 and 117.005 to read as
follows:
Sec. 117.004. INAPPLICABILITY OF CERTAIN LAW.
Notwithstanding Section 117.003, Section 325.017, Government Code,
does not apply to the department.
Sec. 117.005. MEANING OF CERTAIN REFERENCES IN LAW. (a) A
reference in this chapter or in any other law to the department in
relation to a function transferred to the commission under Section
117.012 means the commission or the division of the commission
performing the function after its transfer.
(b) In this chapter or in any other law and notwithstanding
any other law, a reference to any of the following state agencies or
entities or to the chief executive officer or governing body of any
of the following state agencies or entities in relation to a
function transferred to the commission under Section 117.012 from
the department that the department assumed in accordance with
Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular
Session, 2003, means the executive commissioner, the commission, or
the division of the commission performing the function after its
transfer to the commission:
(1) the Texas Rehabilitation Commission;
(2) the Interagency Council on Early Childhood
Intervention;
(3) the Texas Commission for the Blind; and
(4) the Texas Commission for the Deaf and Hard of
Hearing.
(c) A reference in this chapter or in any other law to the
commissioner in relation to a function transferred to the
commission under Section 117.012 means the executive commissioner,
the executive commissioner's designee, or the director of the
division of the commission performing the function after its
transfer.
(d) A reference in this chapter or in any other law to the
council in relation to a function after its transfer to the
commission under Section 117.012 means the executive commissioner
or the executive commissioner's designee, as appropriate, and a
function previously performed by the council is a function of that
appropriate person.
(b) Chapter 117, Human Resources Code, is amended by adding
Subchapter A-1 to read as follows:
SUBCHAPTER A-1. TRANSFER OF ASSISTIVE AND REHABILITATIVE SERVICES
TO COMMISSION
Sec. 117.011. DEFINITIONS. In this subchapter:
(1) "Administrative support services" has the meaning
assigned by Section 531.0055(d), Government Code.
(2) "Function" includes a power, duty, program, or
activity of a state agency or entity.
Sec. 117.012. TRANSFER OF ASSISTIVE AND REHABILITATIVE
SERVICES TO COMMISSION. (a) Not later than September 1, 2016, and
subject to Subsection (b), all functions of the department and
council, including administrative support services functions, are
transferred to the commission as provided by this subchapter.
(b) If S.B. 208, H.B. 3294, or similar legislation of the
84th Legislature, Regular Session, 2015, is enacted and becomes law
and provides for the transfer of certain department functions to an
entity other than the commission, the functions transfer as
provided by that legislation and are not subject to transfer under
Subsection (a).
Sec. 117.013. EFFECT OF TRANSFERS. (a) All of the
following that relate to a function that is transferred to the
commission under Section 117.012 are transferred to the commission
on the date the related function is transferred to the commission:
(1) all obligations and contracts, including
obligations and contracts related to a grant program;
(2) all property and records in the custody of the
department or council from which the function is transferred;
(3) all funds appropriated by the legislature and
other money;
(4) all complaints, investigations, or contested
cases that are pending before the department or the commissioner,
without change in status; and
(5) all necessary personnel, as determined by the
executive commissioner.
(b) A rule, policy, or form adopted by or on behalf of the
department or council that relates to a function that is
transferred to the commission under Section 117.012 becomes a rule,
policy, or form of the commission on transfer of the related
function and remains in effect:
(1) until altered by the executive commissioner or
commission, as appropriate; or
(2) unless it conflicts with a rule, policy, or form of
the commission.
(c) A license, permit, or certification in effect that was
issued by the department that relates to a function that is
transferred to the commission under Section 117.012 is continued in
effect as a license, permit, or certification of the commission on
transfer of the related function until the license, permit, or
certification expires, is suspended or revoked, or otherwise
becomes invalid.
Sec. 117.014. APPLICABILITY OF FORMER LAW. An action
brought or proceeding commenced before the date of a transfer
prescribed by this subchapter, including a contested case or a
remand of an action or proceeding by a reviewing court, is governed
by the laws and rules applicable to the action or proceeding before
the transfer.
Sec. 117.015. AUTHORITY OF DEPARTMENT. The powers and
authority of the department with respect to a function are not
reduced or otherwise limited until the date the function is
transferred in accordance with this subchapter or other law,
notwithstanding Section 117.003 or any other law.
Sec. 117.016. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2019.
(c) Section 117.003, Human Resources Code, is amended to
read as follows:
Sec. 117.003. SUNSET PROVISION. The Department of
Assistive and Rehabilitative Services is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the department is abolished [and this
chapter expires] September 1, 2015.
(d) As soon as appropriate under Subchapter A-1, Chapter
117, Human Resources Code, as added by this section, and in a manner
that minimizes disruption of services, the Health and Human
Services Commission shall take appropriate action to be designated
as the state agency responsible under federal law for any state or
federal program that is transferred to the commission in accordance
with that subchapter and for which federal law requires the
designation of a responsible state agency.
(e) Effective September 1, 2016, the following provisions
of the Human Resources Code, including provisions amended by S.B.
No. 219, Acts of the 84th Legislature, Regular Session, 2015, are
repealed:
(1) Section 117.002;
(2) Section 117.021;
(3) Section 117.022;
(4) Section 117.023;
(5) Section 117.024;
(6) Section 117.025;
(7) Section 117.026;
(8) Section 117.027;
(9) Section 117.028;
(10) Section 117.029;
(11) Section 117.030;
(12) Section 117.032;
(13) Section 117.051;
(14) Section 117.052;
(15) Section 117.053;
(16) Section 117.054;
(17) Section 117.055;
(18) Section 117.056;
(19) Section 117.0711;
(20) Section 117.0712; and
(21) Section 117.072.
(f) Notwithstanding Subsection (e) of this section, the
implementation of a provision repealed by that subsection ceases on
the date all functions of the Department of Assistive and
Rehabilitative Services or the Assistive and Rehabilitative
Services Council are transferred to the Health and Human Services
Commission as provided by Subchapter A-1, Chapter 117, Human
Resources Code, as added by this section, or to another entity, to
the extent the department or council is responsible for the
provision's implementation.
(g) This section takes effect only if the Department of
Assistive and Rehabilitative Services is not continued in existence
by any legislation of the 84th Legislature, Regular Session, 2015.
SECTION 5. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Committee" means the Health and Human Services
Transition Legislative Oversight Committee established under this
section.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Function" includes a power, duty, program, or
activity of a state agency or entity.
(b) The Health and Human Services Transition Legislative
Oversight Committee is created to facilitate the transfer of
functions to or from the commission as provided by this Act and
other enacted legislation of the 84th Legislature, Regular Session,
2015, that becomes law, requiring such a transfer, with minimal
negative effect on the delivery of services to which those
functions relate.
(c) The committee is composed of 11 voting members, as
follows:
(1) four members of the senate, appointed by the
lieutenant governor;
(2) four members of the house of representatives,
appointed by the speaker of the house of representatives; and
(3) three members of the public, appointed by the
governor.
(d) The executive commissioner serves as an ex officio,
nonvoting member of the committee.
(e) A member of the committee serves at the pleasure of the
appointing official.
(f) The lieutenant governor and the speaker of the house of
representatives shall each designate a presiding co-chair from
among their respective appointments.
(g) A member of the committee may not receive compensation
for serving on the committee but is entitled to reimbursement for
travel expenses incurred by the member while conducting the
business of the committee as provided by the General Appropriations
Act.
(h) The committee shall:
(1) facilitate the transfer of functions to the
commission prescribed by Subchapter A-1, Chapter 117, Human
Resources Code, as added by this Act, and any other transfers
described by Subsection (b) of this section, with minimal negative
effect on the delivery of services to which those functions relate;
(2) with assistance from the commission and the state
agencies and entities from which functions are transferred under
the laws described under Subdivision (1) of this subsection, advise
the executive commissioner concerning:
(A) the functions to be transferred and the funds
and obligations that are related to the functions;
(B) the transfer of the functions and related
records, property, funds, and obligations by the state agencies and
entities; and
(C) any required reorganization of the
commission's administrative structure resulting from the
transfers; and
(3) meet at the call of either chair at times
determined appropriate by either chair.
(i) Chapter 551, Government Code, applies to the committee.
(j) The committee shall submit a report to the governor,
lieutenant governor, speaker of the house of representatives, and
legislature not later than December 1 of each even-numbered year.
The report must include an update on the progress of and issues
related to the purposes and duties of the committee.
(k) The committee is abolished September 1, 2019.
(l) The transfers of functions described by Subsection (b)
of this section must be accomplished in accordance with a
transition plan developed by the executive commissioner that
ensures that the transfers and provision of health and human
services in this state are accomplished in a careful and
deliberative manner. The transition plan must:
(1) include an outline of the proposed organization of
the transferred functions in the commission's organizational
structure; and
(2) include details regarding movement of functions
and a timeline that specifies the dates on which transfers are to be
made.
(m) In developing the transition plan, the executive
commissioner shall, before submitting the plan to the committee,
the governor, and the Legislative Budget Board as required by
Subsection (n) of this section:
(1) hold public hearings in various geographic areas
in this state regarding the plan; and
(2) solicit and consider input from appropriate
stakeholders.
(n) The executive commissioner shall submit the transition
plan to the committee, the governor, and the Legislative Budget
Board not later than March 1, 2016. The committee shall comment on
and make recommendations to the executive commissioner regarding
any concerns or adjustments to the transition plan the committee
determines appropriate. The executive commissioner may not
finalize the transition plan until the executive commissioner has
reviewed and considered the comments and recommendations of the
committee regarding the transition plan.
(o) The executive commissioner shall publish in the Texas
Register:
(1) the transition plan developed under this section;
(2) any adjustments to the transition plan recommended
by the committee;
(3) a statement regarding whether the executive
commissioner adopted or otherwise incorporated the recommended
adjustments; and
(4) if the executive commissioner did not adopt a
recommended adjustment, the justification for not adopting the
adjustment.
(p) Not later than October 1, 2015:
(1) the lieutenant governor, the speaker of the house
of representatives, and the governor shall make the appointments to
the committee as required by Subsection (c) of this section; and
(2) the lieutenant governor and the speaker of the
house of representatives shall each designate a presiding co-chair
of the committee in accordance with Subsection (f) of this section.
(q) This section takes effect only if the Department of
Assistive and Rehabilitative Services is not continued in existence
by any legislation of the 84th Legislature, Regular Session, 2015.
SECTION 6. The following provisions of the Human Resources
Code are repealed:
(1) Section 91.022, as amended by S.B. No. 219, Acts
of the 84th Legislature, Regular Session, 2015; and
(2) Section 117.153, as redesignated and amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015.
SECTION 7. The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by Section
117.080(e), Human Resources Code, as added by this Act, as soon as
practicable after the effective date of this Act.
SECTION 8. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 9. Except as otherwise provided by this Act, this
Act takes effect September 1, 2015.
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