By: Price, Faircloth (Senate Sponsor - Nelson) H.B. No. 2578
(In the Senate - Received from the House May 14, 2015;
May 14, 2015, read first time and referred to Committee on Health
and Human Services; May 20, 2015, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; May 20, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2578 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the efficiency of and consolidation of powers and
duties within the health and human services system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
SECTION 1.01. (a) Chapter 531, Government Code, is amended
by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
Sec. 531.02001. CONSOLIDATION OF HEALTH AND HUMAN SERVICES
SYSTEM GENERALLY. In accordance with this subchapter, the
functions of the health and human services system described under
Sections 531.0201, 531.02011, and 531.02012 are consolidated
through a phased transfer of those functions under which:
(1) the initial transfers required under Section
531.0201 occur:
(A) on or after the date on which the executive
commissioner submits the transition plan to the required persons
under Section 531.0204(e); and
(B) not later than September 1, 2016;
(2) the final transfers required under Section
531.02011 occur:
(A) on or after September 1, 2016; and
(B) not later than September 1, 2017; and
(3) transfers of administrative support services
functions occur in accordance with Section 531.02012.
Sec. 531.02002. MEANING OF FUNCTION IN RELATION TO
TRANSFERS. For purposes of the transfers mandated by this
subchapter, "function" includes a power, duty, program, or activity
of a state agency or entity.
Sec. 531.0201. PHASE ONE: INITIAL TRANSFERS. (a) On the
dates specified in the transition plan required under Section
531.0204, the following functions are transferred to the commission
as provided by this subchapter:
(1) all functions, including any remaining
administrative support services functions, of each state agency and
entity subject to abolition under Section 531.0202(a); and
(2) except as provided by Section 531.02013, all
client services of the health and human services system, including
client services functions performed by the following:
(A) the state agency and entity subject to
abolition under Section 531.0202(b);
(B) the Department of Family and Protective
Services; and
(C) the Department of State Health Services.
(b) On the dates specified in the transition plan required
under Section 531.0204, all functions in the health and human
services system related to prevention and early intervention
services, including the Nurse-Family Partnership Competitive Grant
Program under Subchapter C, Chapter 265, Family Code, are
transferred to the Department of Family and Protective Services.
Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION.
On the dates specified in the transition plan required under
Section 531.0204, the following functions are transferred to the
commission as provided by this subchapter:
(1) all functions of each state agency and entity
subject to abolition under Section 531.0202(b) that remained with
the agency or entity after the initial transfer of functions under
Section 531.0201 or a transfer of administrative support services
functions under Section 531.02012;
(2) regulatory functions and functions related to
state-operated institutions of the Department of State Health
Services; and
(3) regulatory functions of the Department of Family
and Protective Services.
Sec. 531.02012. TRANSFER AND CONSOLIDATION OF
ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS. (a) In this section,
"administrative support services" has the meaning assigned under
Section 531.00553.
(b) As soon as practicable after the first day of the period
prescribed by Section 531.02001(1) and not later than the last day
of the period prescribed by Section 531.02001(2), in accordance
with and on the dates specified in the transition plan required
under Section 531.0204, the executive commissioner shall, after
consulting with affected state agencies and divisions, transfer and
consolidate within the commission administrative support services
functions of the health and human services system to the extent
consolidation of those support services functions is feasible and
contributes to the effective performance of the system.
Consolidation of an administrative support services function under
this section must be conducted in accordance with the principles
and requirements for organization of administrative support
services under Section 531.00553(c).
(c) Consultation with affected state agencies and divisions
under Subsection (b) must be conducted in a manner that ensures
client services are, at most, only minimally affected, and must
result in a memorandum of understanding or other agreement between
the commission and each affected agency or division that:
(1) details measurable performance goals that the
commission is expected to meet;
(2) identifies a means by which the agency or division
may seek permission from the executive commissioner to find an
alternative way to address the needs of the agency or division, as
appropriate;
(3) identifies steps to ensure that programs under the
health and human services system, whether large or small, receive
administrative support services that are adequate to meet the
program's needs; and
(4) if appropriate, specifies that staff responsible
for providing administrative support services consolidated within
the commission are located in the area where persons requiring
those services are located to ensure the staff understands related
program needs and can respond to those needs in a timely manner.
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
The following functions are not subject to transfer under Sections
531.0201 and 531.02011:
(1) the functions of the Department of Family and
Protective Services, including the statewide intake of reports and
other information, related to the following:
(A) child protective services, including
services that are required by federal law to be provided by this
state's child welfare agency;
(B) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(i) in a facility operated, or in a facility
or by a person licensed, certified, or registered, by a state
agency; or
(ii) by a provider that has contracted to
provide home and community-based services; and
(C) prevention and early intervention services;
and
(2) the public health functions of the Department of
State Health Services, including health care data collection and
maintenance of the Texas Health Care Information Collection
program.
Sec. 531.02014. RELATED TRANSFERS; EFFECT OF
CONSOLIDATION. (a) All of the following that relate to a function
that is transferred under Section 531.0201, 531.02011, or 531.02012
are transferred to the commission or the Department of Family and
Protective Services, as applicable, on the date the related
function is transferred as specified in the transition plan
required under Section 531.0204:
(1) all obligations and contracts, including
obligations and contracts related to a grant program;
(2) all property and records in the custody of the
state agency or entity from which the function is transferred;
(3) all funds appropriated by the legislature and
other money; and
(4) all complaints, investigations, or contested
cases that are pending before the state agency or entity from which
the function is transferred or a governing person or entity of the
state agency or entity, without change in status.
(b) A rule, policy, or form adopted by or on behalf of a
state agency or entity from which functions are transferred under
Section 531.0201, 531.02011, or 531.02012 that relates to a
function that is transferred under one of those sections becomes a
rule, policy, or form of the receiving state agency upon transfer of
the related function and remains in effect:
(1) until altered by the commission or other receiving
state agency, as applicable; or
(2) unless it conflicts with a rule, policy, or form of
the receiving state agency.
(c) A license, permit, or certification in effect that was
issued by a state agency or entity from which functions are
transferred under Section 531.0201 or 531.02011 that relates to a
function that is transferred under either of those sections is
continued in effect as a license, permit, or certification of the
commission upon transfer of the related function until the license,
permit, or certification expires, is suspended or revoked, or
otherwise becomes invalid.
Sec. 531.0202. ABOLITION OF STATE AGENCIES AND ENTITIES;
EFFECT OF TRANSFERS. (a) Each of the following state agencies and
entities is abolished on a date that is within the period prescribed
by Section 531.02001(1), that is specified in the transition plan
required under Section 531.0204 for the abolition of the agency or
entity, and that occurs after all of the agency's or entity's
functions have been transferred in accordance with Section
531.0201:
(1) the Department of Assistive and Rehabilitative
Services;
(2) the Health and Human Services Council;
(3) the Aging and Disability Services Council;
(4) the Assistive and Rehabilitative Services
Council;
(5) the Family and Protective Services Council;
(6) the State Health Services Council; and
(7) the Texas Council on Autism and Pervasive
Developmental Disorders.
(b) The following state agency and entity are abolished on a
date that is within the period prescribed by Section 531.02001(2),
that is specified in the transition plan required under Section
531.0204 for the abolition of the state agency or entity, and that
occurs after all of the state agency's or entity's functions have
been transferred to the commission in accordance with Sections
531.0201 and 531.02011:
(1) the Department of Aging and Disability Services;
and
(2) the Office for the Prevention of Developmental
Disabilities.
(c) The abolition of a state agency or entity listed in
Subsection (a) or (b) and the transfer of its functions and related
obligations, rights, contracts, records, property, and funds as
provided by this subchapter and the transfer of functions and
related obligations, rights, contracts, records, property, and
funds to or from the Department of Family and Protective Services
and from the Department of State Health Services as provided by this
subchapter do not affect or impair an act done, any obligation,
right, order, permit, certificate, rule, criterion, standard, or
requirement existing, or any penalty accrued under former law, and
that law remains in effect for any action concerning those matters.
Sec. 531.0203. HEALTH AND HUMAN SERVICES TRANSITION
LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section,
"committee" means the Health and Human Services Transition
Legislative Oversight Committee established under this section.
(b) The Health and Human Services Transition Legislative
Oversight Committee is created to facilitate the transfer of
functions under Sections 531.0201, 531.02011, and 531.02012 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 under
Sections 531.0201, 531.02011, and 531.02012 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
Sections 531.0201, 531.02011, and 531.02012, advise the executive
commissioner concerning:
(A) the functions to be transferred under this
subchapter 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 as provided by this subchapter; and
(C) the reorganization of the commission's
administrative structure in accordance with this subchapter,
Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,
and other provisions enacted by the 84th Legislature that become
law; and
(3) meet:
(A) during the period between the establishment
of the committee and September 1, 2017, at least quarterly at the
call of either chair, in addition to meeting at other times as
determined appropriate by either chair;
(B) during the period between September 2, 2017,
and December 31, 2019, at least semiannually at the call of either
chair, in addition to meeting at other times as determined
appropriate by either chair; and
(C) during the period between January 1, 2020,
and August 31, 2023, at least annually at the call of either chair,
in addition to meeting at other times as determined appropriate by
either chair.
(i) Chapter 551 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:
(1) the transfer of functions under Sections 531.0201,
531.02011, and 531.02012 to the commission and the Department of
Family and Protective Services, including the need for any
additional statutory changes required to complete the transfer of
prevention and early intervention services functions to the
department in accordance with this subchapter; and
(2) the reorganization of the commission's
administrative structure in accordance with this subchapter,
Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,
and other provisions enacted by the 84th Legislature that become
law.
(k) The committee is abolished September 1, 2023.
Sec. 531.02031. STUDY ON CONTINUING NEED FOR CERTAIN STATE
AGENCIES. (a) Not later than September 1, 2018, the executive
commissioner shall conduct a study and submit a report and
recommendation to the Health and Human Services Transition
Legislative Oversight Committee regarding the need to continue the
Department of Family and Protective Services and the Department of
State Health Services as state agencies separate from the
commission.
(b) Not later than December 1, 2018, the Health and Human
Services Transition Legislative Oversight Committee shall review
the report and recommendation submitted under Subsection (a) and
submit a report and recommendation to the legislature regarding the
need to continue the Department of Family and Protective Services
and the Department of State Health Services as state agencies
separate from the commission.
(c) The Health and Human Services Transition Legislative
Oversight Committee shall include the following in the report
submitted to the legislature under Subsection (b):
(1) an evaluation of the transfer of prevention and
early intervention services functions to the Department of Family
and Protective Services as provided by this subchapter, including
an evaluation of:
(A) any increased coordination and efficiency in
the operation of the programs achieved as a result of the transfer;
(B) the department's coordination with other
state agency programs providing similar prevention and early
intervention services; and
(C) the department's interaction with
stakeholders and other interested parties in performing the
department's functions; and
(2) any recommendations concerning the transfer of
prevention and early intervention services functions of the
department to another state agency.
Sec. 531.0204. TRANSITION PLAN FOR IMPLEMENTATION OF
CONSOLIDATION. (a) The transfers of functions under Sections
531.0201, 531.02011, and 531.02012 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 commission's reorganized
structure, including its divisions, in accordance with this
subchapter, Sections 531.00561, 531.00562, and 531.008, and other
provisions enacted by the 84th Legislature that become law;
(2) include details regarding movement of functions
and a timeline that, subject to the periods prescribed by Section
531.02001, specifies the dates on which:
(A) the transfers under Sections 531.0201,
531.02011, and 531.02012 are to be made;
(B) each state agency or entity subject to
abolition under Section 531.0202 is abolished; and
(C) each division of the commission is created
and the division's director is appointed;
(3) for purposes of Sections 531.0201, 531.02011, and
531.02013, define:
(A) client services functions;
(B) regulatory functions;
(C) public health functions; and
(D) functions related to:
(i) state-operated institutions;
(ii) child protective services;
(iii) adult protective services; and
(iv) prevention and early intervention
services; and
(4) include an evaluation and determination of the
feasibility and potential effectiveness of consolidating
administrative support services into the commission in accordance
with Section 531.02012, including a report of:
(A) the specific support services that will be
consolidated within the commission;
(B) a timeline that details when specific support
services will be consolidated, including a description of the
support services that will transfer by the last day of each period
prescribed by Section 531.02001; and
(C) measures the commission will take to ensure
information resources and contracting support services continue to
operate properly across the health and human services system under
any consolidation of administrative support services.
(b) In defining the transferred functions under Subsection
(a)(3), the executive commissioner shall ensure that:
(1) not later than the last day of the period
prescribed by Section 531.02001(1), all functions of a state agency
or entity subject to abolition under Section 531.0202(a) are
transferred to the commission or the Department of Family and
Protective Services, as applicable;
(2) the transferred prevention and early intervention
services functions to the Department of Family and Protective
Services include:
(A) prevention and early intervention services
as defined under Section 265.001, Family Code; and
(B) programs that:
(i) provide parent education;
(ii) promote healthier parent-child
relationships; or
(iii) prevent family violence; and
(3) not later than the last day of the period
prescribed by Section 531.02001(2), all functions of the state
agency and entity subject to abolition under Section 531.0202(b)
are transferred to the commission.
(c) In developing the transition plan, the executive
commissioner shall, before submitting the plan to the Health and
Human Services Transition Legislative Oversight Committee, the
governor, and the Legislative Budget Board as required by
Subsection (e):
(1) hold public hearings in various geographic areas
in this state regarding the plan; and
(2) solicit and consider input from appropriate
stakeholders.
(d) Within the periods prescribed by Section 531.02001:
(1) the commission shall begin administering the
respective functions assigned to the commission under Sections
531.0201 and 531.02011, as applicable; and
(2) the Department of Family and Protective Services
shall begin administering the functions assigned to the department
under Section 531.0201.
(d-1) The assumption of the administration of the functions
transferred to the commission and the Department of Family and
Protective Services under Sections 531.0201 and 531.02011, as
applicable, must be accomplished in accordance with the transition
plan.
(e) The executive commissioner shall submit the transition
plan to the Health and Human Services Transition Legislative
Oversight Committee, the governor, and the Legislative Budget Board
not later than March 1, 2016. The Health and Human Services
Transition Legislative Oversight 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.
(f) 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 Health and Human Services Transition Legislative Oversight
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.
Sec. 531.02041. REQUIRED REPORTS AFTER TRANSITION PLAN
SUBMISSION. If, at any time after the executive commissioner
submits the transition plan in accordance with Section 531.0204(e),
the executive commissioner proposes to make a substantial
organizational change to the health and human services system that
was not included in the transition plan, the executive commissioner
shall, before implementing the proposed change, submit a report
detailing the proposed change to the Health and Human Services
Transition Legislative Oversight Committee.
Sec. 531.0205. APPLICABILITY OF FORMER LAW. An action
brought or proceeding commenced before the date of a transfer
prescribed by this subchapter in accordance with the transition
plan required under Section 531.0204, 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. 531.0206. LIMITED-SCOPE SUNSET REVIEW. (a) The
Sunset Advisory Commission shall conduct a limited-scope review of
the commission during the state fiscal biennium ending August 31,
2023, in the manner provided by Chapter 325 (Texas Sunset Act). The
review must provide:
(1) an update on the commission's progress with
respect to the consolidation of the health and human services
system mandated by this subchapter, including the commission's
compliance with the transition plan required under Section
531.0204;
(2) an evaluation and recommendations regarding the
need to continue the Department of Family and Protective Services
and the Department of State Health Services as state agencies
separate from the commission; and
(3) any additional information the Sunset Advisory
Commission determines appropriate, including information regarding
any additional organizational changes the Sunset Advisory
Commission recommends.
(b) The commission is not abolished solely because the
commission is not explicitly continued following the review
required by this section.
Sec. 531.0207. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2023.
(b) 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 Health and Human Services Transition Legislative Oversight
Committee as required by Section 531.0203(c), Government Code, as
added by this article; and
(2) the lieutenant governor and the speaker of the
house of representatives shall each designate a presiding co-chair
of the Health and Human Services Transition Legislative Oversight
Committee in accordance with Section 531.0203(f), Government Code,
as added by this article.
(c) As soon as appropriate under the consolidation under
Subchapter A-1, Chapter 531, Government Code, as added by this
article, 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.
(d) Notwithstanding Section 531.0201, 531.02011, or
531.02012, Government Code, as added by this article, a power,
duty, program, function, or activity of the Department of Assistive
and Rehabilitative Services may not be transferred to the Health
and Human Services Commission under that section if:
(1) H.B. No. 3294 or S.B. No. 208, 84th Legislature,
Regular Session, 2015, or similar legislation of the 84th
Legislature, Regular Session, 2015, is enacted, becomes law, and
provides for the transfer of the power, duty, program, function, or
activity to the Texas Workforce Commission subject to receipt of
any necessary federal approval or other authorization for the
transfer to occur; and
(2) the Department of Assistive and Rehabilitative
Services or the Texas Workforce Commission receives the necessary
federal approval or other authorization to enable the transfer to
occur not later than September 1, 2016.
(e) If neither the Department of Assistive and
Rehabilitative Services nor the Texas Workforce Commission
receives the federal approval or other authorization described by
Subsection (d) of this section to enable the transfer of the power,
duty, program, function, or activity to the Texas Workforce
Commission to occur not later than September 1, 2016, as provided by
the legislation described by Subsection (d) of this section, the
power, duty, program, function, or activity of the Department of
Assistive and Rehabilitative Services transfers to the Health and
Human Services Commission in accordance with Section 531.0201,
Government Code, as added by this article, and the transition plan
required under Section 531.0204, Government Code, as added by this
article.
SECTION 1.02. Subchapter A, Chapter 531, Government Code,
is amended by adding Sections 531.0011 and 531.0012 to read as
follows:
Sec. 531.0011. REFERENCES IN LAW MEANING COMMISSION OR
APPROPRIATE DIVISION. (a) In this code or in any other law, a
reference to any of the following state agencies or entities in
relation to a function transferred to the commission under Section
531.0201, 531.02011, or 531.02012, as applicable, means the
commission or the division of the commission performing the
function previously performed by the state agency or entity before
the transfer, as appropriate:
(1) health and human services agency;
(2) the Department of State Health Services;
(3) the Department of Aging and Disability Services;
(4) the Department of Family and Protective Services;
or
(5) the Department of Assistive and Rehabilitative
Services.
(b) In this code or in any other law and notwithstanding any
other law, a reference to any of the following state agencies or
entities in relation to a function transferred to the commission
under Section 531.0201, 531.02011, or 531.02012, as applicable,
from the state agency that assumed the relevant function in
accordance with Chapter 198 (H.B. 2292), Acts of the 78th
Legislature, Regular Session, 2003, means the commission or the
division of the commission performing the function previously
performed by the agency that assumed the function before the
transfer, as appropriate:
(1) the Texas Department on Aging;
(2) the Texas Commission on Alcohol and Drug Abuse;
(3) the Texas Commission for the Blind;
(4) the Texas Commission for the Deaf and Hard of
Hearing;
(5) the Texas Department of Health;
(6) the Texas Department of Human Services;
(7) the Texas Department of Mental Health and Mental
Retardation;
(8) the Texas Rehabilitation Commission;
(9) the Texas Health Care Information Council; or
(10) the Interagency Council on Early Childhood
Intervention.
(c) In this code or in any other law and notwithstanding any
other law, a reference to the Department of Protective and
Regulatory Services in relation to a function transferred under
Section 531.0201, 531.02011, or 531.02012, as applicable, from the
Department of Family and Protective Services means the commission
or the division of the commission performing the function
previously performed by the Department of Family and Protective
Services before the transfer.
(d) This section applies notwithstanding Section
531.001(4).
Sec. 531.0012. REFERENCES IN LAW MEANING EXECUTIVE
COMMISSIONER OR DESIGNEE. (a) In this code or in any other law, a
reference to any of the following persons in relation to a function
transferred to the commission under Section 531.0201, 531.02011, or
531.02012, as applicable, means the executive commissioner, the
executive commissioner's designee, or the director of the division
of the commission performing the function previously performed by
the state agency from which it was transferred and that the person
represented, as appropriate:
(1) the commissioner of aging and disability services;
(2) the commissioner of assistive and rehabilitative
services;
(3) the commissioner of state health services; or
(4) the commissioner of the Department of Family and
Protective Services.
(b) In this code or in any other law and notwithstanding any
other law, a reference to any of the following persons or entities
in relation to a function transferred to the commission under
Section 531.0201, 531.02011, or 531.02012, as applicable, from the
state agency that assumed or continued to perform the function in
accordance with Chapter 198 (H.B. 2292), Acts of the 78th
Legislature, Regular Session, 2003, means the executive
commissioner or the director of the division of the commission
performing the function performed before the enactment of Chapter
198 (H.B. 2292) by the state agency that was abolished or renamed by
Chapter 198 (H.B. 2292) and that the person or entity represented:
(1) an executive director or other chief
administrative officer of a state agency listed in Section
531.0011(b) or of the Department of Protective and Regulatory
Services; or
(2) the governing body of a state agency listed in
Section 531.0011(b) or of the Department of Protective and
Regulatory Services.
(c) A reference to any of the following councils means the
executive commissioner or the executive commissioner's designee,
as appropriate, and a function of any of the following councils is a
function of that appropriate person:
(1) the Health and Human Services Council;
(2) the Aging and Disability Services Council;
(3) the Assistive and Rehabilitative Services
Council;
(4) the Family and Protective Services Council; or
(5) the State Health Services Council.
SECTION 1.03. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Section 531.0051 to read as follows:
Sec. 531.0051. HEALTH AND HUMAN SERVICES COMMISSION
EXECUTIVE COUNCIL. (a) The Health and Human Services Commission
Executive Council is established to receive public input and advise
the executive commissioner regarding the operation of the
commission. The council shall seek and receive public comment on:
(1) proposed rules;
(2) recommendations of advisory committees;
(3) legislative appropriations requests or other
documents related to the appropriations process;
(4) the operation of health and human services
programs; and
(5) other items the executive commissioner determines
appropriate.
(b) The council does not have authority to make
administrative or policy decisions.
(c) The council is composed of:
(1) the executive commissioner;
(2) the director of each division established by the
executive commissioner under Section 531.008(c);
(3) the commissioner of a health and human services
agency; and
(4) other individuals appointed by the executive
commissioner as the executive commissioner determines necessary.
(c-1) To the extent the executive commissioner appoints
members to the council under Subsection (c)(4), the executive
commissioner shall make every effort to ensure that those
appointments result in a council membership that includes:
(1) a balanced representation of a broad range of
health and human services industry and consumer interests; and
(2) representation from broad geographic regions of
this state.
(d) The executive commissioner serves as the chair of the
council and shall adopt rules for the operation of the council.
(e) Members of the council appointed under Subsection
(c)(4):
(1) are subject to any restrictions applicable to
service on the council provided by law; and
(2) serve at the pleasure of the executive
commissioner.
(f) The council shall meet at the call of the executive
commissioner at least quarterly. The executive commissioner may
call additional meetings as the executive commissioner determines
necessary.
(g) The council shall give public notice of the date, time,
and place of each meeting held by the council. A live video
transmission of each meeting must be publicly available through the
Internet.
(h) A majority of the members of the council constitute a
quorum for the transaction of business.
(i) A council member appointed under Subsection (c)(4) may
not receive compensation for service as a member of the council but
is entitled to reimbursement for travel expenses incurred by the
member while conducting the business of the council as provided by
the General Appropriations Act.
(j) The executive commissioner shall develop and implement
policies that provide the public with a reasonable opportunity to
appear before the council and to speak on any issue under the
jurisdiction of the commission.
(k) A meeting of individual members of the council that
occurs in the ordinary course of commission operation is not a
meeting of the council, and the requirements of Subsection (g) do
not apply.
(l) This section does not limit the authority of the
executive commissioner to establish additional advisory committees
or councils.
(m) Chapters 551 and 2110 do not apply to the council.
(b) As soon as possible after the executive commissioner of
the Health and Human Services Commission appoints division
directors in accordance with Section 531.00561, Government Code, as
added by this article, the Health and Human Services Commission
Executive Council established under Section 531.0051, Government
Code, as added by this article, shall begin operation.
SECTION 1.04. The heading to Section 531.0055, Government
Code, is amended to read as follows:
Sec. 531.0055. EXECUTIVE COMMISSIONER: GENERAL
RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES].
SECTION 1.05. Section 531.0055, Government Code, is amended
by amending Subsection (b), as amended by S.B. No. 219, Acts of the
84th Legislature, Regular Session, 2015, and amending Subsections
(d), (e), (f), (g), (h), (k), and (l) to read as follows:
(b) The commission shall:
(1) supervise the administration and operation of
Medicaid, including the administration and operation of the
Medicaid managed care system in accordance with Section 531.021;
(2) perform information systems planning and
management for the health and human services system [agencies]
under Section 531.0273, with:
(A) the provision of information technology
services for the [at] health and human services system [agencies]
considered to be a centralized administrative support service
either performed by commission personnel or performed under a
contract with the commission; and
(B) an emphasis on research and implementation on
a demonstration or pilot basis of appropriate and efficient uses of
new and existing technology to improve the operation of the health
and human services system [agencies] and delivery of health and
human services;
(3) monitor and ensure the effective use of all
federal funds received for the [by a] health and human services
system [agency] in accordance with Section 531.028 and the General
Appropriations Act;
(4) implement Texas Integrated Enrollment Services as
required by Subchapter F, except that notwithstanding Subchapter F,
determining eligibility for benefits under the following programs
is the responsibility of and must be centralized by the commission:
(A) the child health plan program;
(B) the financial assistance program under
Chapter 31, Human Resources Code;
(C) Medicaid;
(D) the supplemental nutrition assistance
program under Chapter 33, Human Resources Code;
(E) long-term care services, as defined by
Section 22.0011, Human Resources Code;
(F) community-based support services identified
or provided in accordance with Section 531.02481; and
(G) other health and human services programs, as
appropriate; and
(5) implement programs intended to prevent family
violence and provide services to victims of family violence.
(d) After implementation of the commission's duties under
Subsections (b) and (c), the commission shall implement the powers
and duties given to the commission under Section 531.0248. Nothing
in the priorities established by this section is intended to limit
the authority of the commission to work simultaneously to achieve
the multiple tasks assigned to the commission in this section, when
such an approach is beneficial in the judgment of the commission.
The commission shall plan and implement an efficient and effective
centralized system of administrative support services for the
health and human services system in accordance with Section
531.00553 [agencies]. [The performance of administrative support
services for health and human services agencies is the
responsibility of the commission. The term "administrative support
services" includes, but is not limited to, strategic planning and
evaluation, audit, legal, human resources, information resources,
purchasing, contract management, financial management, and
accounting services.]
(e) Notwithstanding any other law, the executive
commissioner shall adopt rules and policies for the operation of
and provision of health and human services by the health and human
services system [agencies]. In addition, the executive
commissioner, as necessary to perform the functions described by
Subsections (b), (c), and (d) and Section 531.00553 in
implementation of applicable policies established for a health and
human services system [an] agency or division, as applicable, by
the executive commissioner, shall:
(1) manage and direct the operations of each [health
and human services] agency or division, as applicable;
(2) supervise and direct the activities of each agency
or division director, as applicable; and
(3) be responsible for the administrative supervision
of the internal audit program for the [all] health and human
services system agencies, including:
(A) selecting the director of internal audit;
(B) ensuring that the director of internal audit
reports directly to the executive commissioner; and
(C) ensuring the independence of the internal
audit function.
(f) The operational authority and responsibility of the
executive commissioner for purposes of Subsection (e) for [at] each
health and human services system agency or division, as applicable,
includes authority over and responsibility for the:
(1) management of the daily operations of the agency
or division, including the organization and management of the
agency or division and its [agency] operating procedures;
(2) allocation of resources within the agency or
division, including use of federal funds received by the agency or
division;
(3) personnel and employment policies;
(4) contracting, purchasing, and related policies,
subject to this chapter and other laws relating to contracting and
purchasing by a state agency;
(5) information resources systems used by the agency
or division;
(6) location of [agency] facilities; and
(7) coordination of agency or division activities with
activities of other components of the health and human services
system and state agencies[, including other health and human
services agencies].
(g) Notwithstanding any other law, the operational
authority and responsibility of the executive commissioner for
purposes of Subsection (e) for [at] each health and human services
system agency or division, as applicable, includes the authority
and responsibility to adopt or approve, subject to applicable
limitations, any rate of payment or similar provision required by
law to be adopted or approved by a health and human services system
[the] agency.
(h) For each health and human services system agency and
division, as applicable, the executive commissioner shall
implement a program to evaluate and supervise [the] daily
operations [of the agency]. The program must include measurable
performance objectives for each agency or division director and
adequate reporting requirements to permit the executive
commissioner to perform the duties assigned to the executive
commissioner under this section.
(k) The executive commissioner and each agency director
shall enter into a memorandum of understanding in the manner
prescribed by Section 531.0163 that:
(1) clearly defines the responsibilities of the agency
director and the executive commissioner, including:
(A) the responsibility of the agency director to
report to the governor and to report to and implement policies of
the executive commissioner; and
(B) the extent to which the agency director acts
as a liaison between the agency and the commission;
(2) establishes the program of evaluation and
supervision of daily operations required by Subsection (h); [and]
(3) describes each delegation of a power or duty made
to an agency director; and
(4) ensures that the commission and each health and
human services agency has access to databases or other information
maintained or kept by each other agency that is necessary for the
operation of a function performed by the commission or the health
and human services agency, to the extent not prohibited by other law
[under Subsection (i) or other law].
(l) Notwithstanding any other law, the executive
commissioner has the authority to adopt policies and rules
governing the delivery of services to persons who are served by the
[each] health and human services system [agency] and the rights and
duties of persons who are served or regulated by the system [each
agency].
SECTION 1.06. Subchapter A, Chapter 531, Government Code,
is amended by adding Section 531.00553 to read as follows:
Sec. 531.00553. ADMINISTRATIVE SUPPORT SERVICES. (a) In
this section, the term "administrative support services" includes
strategic planning and evaluation, audit, legal, human resources,
information resources, purchasing, contracting, financial
management, and accounting services.
(b) Subject to Subsection (c), the executive commissioner
shall plan and implement an efficient and effective centralized
system of administrative support services for the health and human
services system. The performance of administrative support
services for the health and human services system is the
responsibility of the commission.
(c) The executive commissioner shall plan and implement the
centralized system of administrative support services in
accordance with the following principles and requirements:
(1) the executive commissioner shall consult with the
commissioner of each agency and with the director of each division
within the health and human services system to ensure the
commission is responsive to and addresses agency or division needs;
(2) consolidation of staff providing the support
services must be done in a manner that ensures each agency or
division within the health and human services system that loses
staff as a result of the centralization of support services has
adequate resources to carry out functions of the agency or
division, as appropriate; and
(3) the commission and each agency or division within
the health and human services system shall, as appropriate, enter
into a memorandum of understanding or other written agreement for
the purpose of ensuring accountability for the provision of
administrative services by clearly detailing:
(A) the responsibilities of each agency or
division and the commission;
(B) the points of contact for each agency or
division and the commission;
(C) the transfer of personnel among each agency
or division and the commission;
(D) the budgetary effect the agreement has on
each agency or division and the commission; and
(E) any other item determined by the executive
commissioner to be critical for maintaining accountability.
(d) The memorandum of understanding or other agreement
required under Subsection (c), if appropriate, may be combined with
the memorandum of understanding required under Section
531.0055(k).
SECTION 1.07. Section 531.0056, Government Code, is amended
by adding Subsection (g) to read as follows:
(g) The requirements of this section apply with respect to a
state agency listed in Section 531.001(4) only until the agency is
abolished under Section 531.0202.
SECTION 1.08. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Sections 531.00561 and 531.00562 to read
as follows:
Sec. 531.00561. APPOINTMENT AND QUALIFICATIONS OF DIVISION
DIRECTORS. (a) The executive commissioner shall appoint a
director for each division established within the commission under
Section 531.008, except that the director of the office of
inspector general is appointed in accordance with Section
531.102(a-1).
(b) The executive commissioner shall:
(1) develop clear qualifications for the director of
each division appointed under this section that ensure that an
individual appointed director has:
(A) demonstrated experience in fields relevant
to the director position; and
(B) executive-level administrative and
leadership experience; and
(2) ensure the qualifications developed under
Subdivision (1) are publicly available.
Sec. 531.00562. DIVISION DIRECTOR DUTIES. (a) The
executive commissioner shall clearly define the duties and
responsibilities of a division director and develop clear policies
for the delegation of specific decision-making authority,
including budget authority, to division directors.
(b) The delegation of decision-making authority should be
significant enough to ensure the efficient administration of the
commission's programs and services.
(b) The executive commissioner of the Health and Human
Services Commission shall implement Sections 531.00561 and
531.00562, Government Code, as added by this article, on the date
specified in the transition plan required under Section 531.0204,
Government Code, as added by this article.
SECTION 1.09. (a) Section 531.008, Government Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 531.008. DIVISIONS OF COMMISSION. (a) The [Subject
to Subsection (c), the] executive commissioner shall [may]
establish divisions within the commission along functional lines as
necessary for effective administration and for the discharge of the
commission's functions.
(b) The [Subject to Subsection (c), the] executive
commissioner may allocate and reallocate functions among the
commission's divisions.
(c) Notwithstanding Subsections (a) and (b), the [The]
executive commissioner shall establish the following divisions and
offices within the commission:
(1) a medical and social services division [the
eligibility services division to make eligibility determinations
for services provided through the commission or a health and human
services agency related to:
[(A) the child health plan program;
[(B) the financial assistance program under
Chapter 31, Human Resources Code;
[(C) Medicaid;
[(D) the supplemental nutrition assistance
program under Chapter 33, Human Resources Code;
[(E) long-term care services, as defined by
Section 22.0011, Human Resources Code;
[(F) community-based support services identified
or provided in accordance with Section 531.02481; and
[(G) other health and human services programs, as
appropriate];
(2) the office of inspector general to perform fraud
and abuse investigation and enforcement functions as provided by
Subchapter C and other law;
(3) a regulatory division [the office of the ombudsman
to:
[(A) provide dispute resolution services for the
commission and the health and human services agencies; and
[(B) perform consumer protection functions
related to health and human services];
(4) an administrative division [a purchasing division
as provided by Section 531.017]; and
(5) a facilities division for the purpose of
administering state facilities, including state hospitals and
state supported living centers [an internal audit division to
conduct a program of internal auditing in accordance with Chapter
2102].
(d) Subsection (c) does not prohibit the executive
commissioner from establishing additional divisions under
Subsection (a) as the executive commissioner determines
appropriate. This subsection and Subsection (c) expire September
1, 2023.
(b) The executive commissioner of the Health and Human
Services Commission shall establish divisions within the
commission as required under Section 531.008, Government Code, as
amended by this article, on the date specified in the transition
plan required under Section 531.0204, Government Code, as added by
this article.
SECTION 1.10. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Section 531.0083 to read as follows:
Sec. 531.0083. OFFICE OF POLICY AND PERFORMANCE. (a) In
this section, "office" means the office of policy and performance
established by this section.
(b) The executive commissioner shall establish the office
of policy and performance as an executive-level office designed to
coordinate policy and performance efforts across the health and
human services system. To coordinate those efforts, the office
shall:
(1) develop a performance management system;
(2) take the lead in supporting and providing
oversight for the implementation of major policy changes and in
managing organizational changes; and
(3) act as a centralized body of experts within the
commission that offers program evaluation and process improvement
expertise.
(c) In developing a performance management system under
Subsection (b)(1), the office shall:
(1) gather, measure, and evaluate performance
measures and accountability systems used by the health and human
services system;
(2) develop new and refined performance measures as
appropriate; and
(3) establish targeted, high-level system metrics
that are capable of measuring and communicating overall performance
and achievement of goals by the health and human services system to
both internal and public audiences through various mechanisms,
including the Internet.
(d) In providing support and oversight for the
implementation of policy or organizational changes within the
health and human services system under Subsection (b)(2), the
office shall:
(1) ensure individuals receiving services from or
participating in programs administered through the health and human
services system do not lose visibility or attention during the
implementation of any new policy or organizational change by:
(A) establishing timelines and milestones for
any transition;
(B) supporting staff of the health and human
services system in any change between service delivery methods; and
(C) providing feedback to executive management
on technical assistance and other support needed to achieve a
successful transition;
(2) address cultural differences among staff of the
health and human services system; and
(3) track and oversee changes in policy or
organization mandated by legislation or administrative rule.
(e) In acting as a centralized body of experts under
Subsection (b)(3), the office shall:
(1) for the health and human services system, provide
program evaluation and process improvement guidance both generally
and for specific projects identified with executive or stakeholder
input or through risk analysis; and
(2) identify and monitor cross-functional efforts
involving different administrative components within the health
and human services system and the establishment of cross-functional
teams when necessary to improve the coordination of services
provided through the system.
(f) The executive commissioner may otherwise develop the
office's structure and duties as the executive commissioner
determines appropriate.
(b) As soon as practicable after the effective date of this
article but not later than October 1, 2015, the executive
commissioner of the Health and Human Services Commission shall
establish the office of policy and performance as an executive
office within the commission as required under Section 531.0083,
Government Code, as added by this article.
(c) The office of policy and performance required under
Section 531.0083, Government Code, as added by this article, shall
assist the Health and Human Services Transition Legislative
Oversight Committee created under Section 531.0203, Government
Code, as added by this article, by performing the functions
required of the office under Section 531.0083(b)(2), Government
Code, as added by this article, with respect to the consolidation
mandated by Subchapter A-1, Chapter 531, Government Code, as added
by this article.
SECTION 1.11. Section 531.017, Government Code, is amended
to read as follows:
Sec. 531.017. PURCHASING UNIT [DIVISION]. (a) The
commission shall establish a purchasing unit [division] for the
management of administrative activities related to the purchasing
functions within [of the commission and] the health and human
services system [agencies].
(b) The purchasing unit [division] shall:
(1) seek to achieve targeted cost reductions, increase
process efficiencies, improve technological support and customer
services, and enhance purchasing support within the [for each]
health and human services system [agency]; and
(2) if cost-effective, contract with private entities
to perform purchasing functions for the [commission and the] health
and human services system [agencies].
SECTION 1.12. Chapter 265, Family Code, is amended by
designating Sections 265.001 through 265.004 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES
SECTION 1.13. Section 265.002, Family Code, is amended to
read as follows:
Sec. 265.002. PREVENTION AND EARLY INTERVENTION SERVICES
DIVISION. (a) The department shall operate a division to provide
services for children in at-risk situations and for the families of
those children and to achieve the consolidation of prevention and
early intervention services within the jurisdiction of a single
agency in order to avoid fragmentation and duplication of services
and to increase the accountability for the delivery and
administration of these services. The division shall be called the
prevention and early intervention services division and shall have
the following duties:
(1) to plan, develop, and administer a comprehensive
and unified delivery system of prevention and early intervention
services to children and their families in at-risk situations;
(2) to improve the responsiveness of services for
at-risk children and their families by facilitating greater
coordination and flexibility in the use of funds by state and local
service providers;
(3) to provide greater accountability for prevention
and early intervention services in order to demonstrate the impact
or public benefit of a program by adopting outcome measures; and
(4) to assist local communities in the coordination
and development of prevention and early intervention services in
order to maximize federal, state, and local resources.
(b) The department's prevention and early intervention
services division must be organizationally separate from the
department's divisions performing child protective services and
adult protective services functions.
SECTION 1.14. Subchapter A, Chapter 265, Family Code, as
added by this article, is amended by adding Section 265.006 to read
as follows:
Sec. 265.006. PROHIBITION ON USE OF AGENCY NAME OR LOGO.
The department may not allow the use of the department's name or
identifying logo or insignia on forms or other materials related to
the department's prevention and early intervention services that
are:
(1) provided by the department's contractors; or
(2) distributed by the department's contractors to the
department's clients.
SECTION 1.15. (a) Subchapter Q, Chapter 531, Government
Code, including provisions amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, is transferred to Chapter 265,
Family Code, redesignated as Subchapter C, Chapter 265, Family
Code, and amended to read as follows:
SUBCHAPTER C [Q]. NURSE-FAMILY PARTNERSHIP COMPETITIVE
GRANT PROGRAM
Sec. 265.101 [531.651]. DEFINITIONS. In this subchapter:
(1) "Competitive grant program" means the
nurse-family partnership competitive grant program established
under this subchapter.
(2) "Partnership program" means a nurse-family
partnership program.
Sec. 265.102 [531.652]. OPERATION OF NURSE-FAMILY
PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a) The department
[commission] shall operate a nurse-family partnership competitive
grant program through which the department [commission] will award
grants for the implementation of nurse-family partnership
programs, or the expansion of existing programs, and for the
operation of those programs for a period of not less than two years.
(b) The department [commission] shall award grants under
the program to applicants, including applicants operating existing
programs, in a manner that ensures that the partnership programs
collectively:
(1) operate in multiple communities that are
geographically distributed throughout this state; and
(2) provide program services to approximately 2,000
families.
Sec. 265.103 [531.653]. PARTNERSHIP PROGRAM REQUIREMENTS.
A partnership program funded through a grant awarded under this
subchapter must:
(1) strictly adhere to the program model developed by
the Nurse-Family Partnership National Service Office, including
any clinical, programmatic, and data collection requirements of
that model;
(2) require that registered nurses regularly visit the
homes of low-income, first-time mothers participating in the
program to provide services designed to:
(A) improve pregnancy outcomes;
(B) improve child health and development;
(C) improve family economic self-sufficiency and
stability; and
(D) reduce the incidence of child abuse and
neglect;
(3) require that nurses who provide services through
the program:
(A) receive training from the office of the
attorney general at least once each year on procedures by which a
person may voluntarily acknowledge the paternity of a child and on
the availability of child support services from the office;
(B) provide a mother with information about the
rights, responsibilities, and benefits of establishing the
paternity of her child, if appropriate;
(C) provide assistance to a mother and the
alleged father of her child if the mother and alleged father seek to
voluntarily acknowledge paternity of the child, if appropriate; and
(D) provide information to a mother about the
availability of child support services from the office of the
attorney general; and
(4) require that the regular nurse visits described by
Subdivision (2) begin not later than a mother's 28th week of
gestation and end when her child reaches two years of age.
Sec. 265.104 [531.654]. APPLICATION. (a) A public or
private entity, including a county, municipality, or other
political subdivision of this state, may apply for a grant under
this subchapter.
(b) To apply for a grant, an applicant must submit a written
application to the department [commission] on a form prescribed by
the department [commission] in consultation with the Nurse-Family
Partnership National Service Office.
(c) The application prescribed by the department
[commission] must:
(1) require the applicant to provide data on the
number of low-income, first-time mothers residing in the community
in which the applicant proposes to operate or expand a partnership
program and provide a description of existing services available to
those mothers;
(2) describe the ongoing monitoring and evaluation
process to which a grant recipient is subject under Section 265.109
[531.659], including the recipient's obligation to collect and
provide information requested by the department [commission] under
Section 265.109(c) [531.659(c)]; and
(3) require the applicant to provide other relevant
information as determined by the department [commission].
Sec. 265.105 [531.655]. ADDITIONAL CONSIDERATIONS IN
AWARDING GRANTS. In addition to the factors described by Sections
265.102(b) [531.652(b)] and 265.103 [531.653], in determining
whether to award a grant to an applicant under this subchapter, the
department [commission] shall consider:
(1) the demonstrated need for a partnership program in
the community in which the applicant proposes to operate or expand
the program, which may be determined by considering:
(A) the poverty rate, the crime rate, the number
of births to Medicaid recipients, the rate of poor birth outcomes,
and the incidence of child abuse and neglect during a prescribed
period in the community; and
(B) the need to enhance school readiness in the
community;
(2) the applicant's ability to participate in ongoing
monitoring and performance evaluations under Section 265.109
[531.659], including the applicant's ability to collect and provide
information requested by the department [commission] under Section
265.109(c) [531.659(c)];
(3) the applicant's ability to adhere to the
partnership program standards adopted under Section 265.106
[531.656];
(4) the applicant's ability to develop broad-based
community support for implementing or expanding a partnership
program, as applicable; and
(5) the applicant's history of developing and
sustaining innovative, high-quality programs that meet the needs of
families and communities.
Sec. 265.106 [531.656]. PARTNERSHIP PROGRAM STANDARDS.
The executive commissioner, with the assistance of the Nurse-Family
Partnership National Service Office, shall adopt standards for the
partnership programs funded under this subchapter. The standards
must adhere to the Nurse-Family Partnership National Service Office
program model standards and guidelines that were developed in
multiple, randomized clinical trials and have been tested and
replicated in multiple communities.
Sec. 265.107 [531.657]. USE OF AWARDED GRANT FUNDS. The
grant funds awarded under this subchapter may be used only to cover
costs related to implementing or expanding and operating a
partnership program, including costs related to:
(1) administering the program;
(2) training and managing registered nurses who
participate in the program;
(3) paying the salaries and expenses of registered
nurses who participate in the program;
(4) paying for facilities and equipment for the
program; and
(5) paying for services provided by the Nurse-Family
Partnership National Service Office to ensure a grant recipient
adheres to the organization's program model.
Sec. 265.108 [531.658]. STATE NURSE CONSULTANT. Using
money appropriated for the competitive grant program, the
department [commission] shall hire or contract with a state nurse
consultant to assist grant recipients with implementing or
expanding and operating the partnership programs in the applicable
communities.
Sec. 265.109 [531.659]. PROGRAM MONITORING AND EVALUATION;
ANNUAL COMMITTEE REPORTS. (a) The department [commission], with
the assistance of the Nurse-Family Partnership National Service
Office, shall:
(1) adopt performance indicators that are designed to
measure a grant recipient's performance with respect to the
partnership program standards adopted by the executive
commissioner under Section 265.106 [531.656];
(2) use the performance indicators to continuously
monitor and formally evaluate on an annual basis the performance of
each grant recipient; and
(3) prepare and submit an annual report, not later
than December 1 of each year, to the Senate Health and Human
Services Committee, or its successor, and the House Human Services
Committee, or its successor, regarding the performance of each
grant recipient during the preceding state fiscal year with respect
to providing partnership program services.
(b) The report required under Subsection (a)(3) must
include:
(1) the number of low-income, first-time mothers to
whom each grant recipient provided partnership program services
and, of that number, the number of mothers who established the
paternity of an alleged father as a result of services provided
under the program;
(2) the extent to which each grant recipient made
regular visits to mothers during the period described by Section
265.103(4) [531.653(4)]; and
(3) the extent to which each grant recipient adhered
to the Nurse-Family Partnership National Service Office's program
model, including the extent to which registered nurses:
(A) conducted home visitations comparable in
frequency, duration, and content to those delivered in Nurse-Family
Partnership National Service Office clinical trials; and
(B) assessed the health and well-being of mothers
and children participating in the partnership programs in
accordance with indicators of maternal, child, and family health
defined by the department [commission] in consultation with the
Nurse-Family Partnership National Service Office.
(c) On request, each grant recipient shall timely collect
and provide data and any other information required by the
department [commission] to monitor and evaluate the recipient or to
prepare the report required by this section.
Sec. 265.110 [531.660]. COMPETITIVE GRANT PROGRAM FUNDING.
(a) The department [commission] shall actively seek and apply for
any available federal funds, including federal Medicaid and
Temporary Assistance for Needy Families (TANF) funds, to assist in
financing the competitive grant program established under this
subchapter.
(b) The department [commission] may use appropriated funds
from the state government and may accept gifts, donations, and
grants of money from the federal government, local governments,
private corporations, or other persons to assist in financing the
competitive grant program.
(b) Notwithstanding the transfer of Subchapter Q, Chapter
531, Government Code, to Chapter 265, Family Code, and
redesignation as Subchapter C of that chapter, the Health and Human
Services Commission shall continue to administer the Nurse-Family
Partnership Competitive Grant Program under that subchapter until
the date the program transfers to the Department of Family and
Protective Services in accordance with Section 531.0201,
Government Code, as added by this article, and the transition plan
under Section 531.0204, Government Code, as added by this article.
SECTION 1.16. Effective September 1, 2017, Section
1001.002, Health and Safety Code, is amended to read as follows:
Sec. 1001.002. AGENCY AND AGENCY FUNCTIONS. (a) In this
section, "function" includes a power, duty, program, or activity
and an administrative support services function associated with the
power, duty, program, or activity, unless consolidated under
Section 531.02012, Government Code.
(b) The department is an agency of the state.
(c) In accordance with Subchapter A-1, Chapter 531,
Government Code, and notwithstanding any other law, the department
performs only functions related to public health, including health
care data collection and maintenance of the Texas Health Care
Information Collection program.
SECTION 1.17. Effective September 1, 2017, Subchapter A,
Chapter 1001, Health and Safety Code, is amended by adding Sections
1001.004 and 1001.005 to read as follows:
Sec. 1001.004. REFERENCES IN LAW MEANING DEPARTMENT. In
this code or any other law, a reference to the department in
relation to a function described by Section 1001.002(c) means the
department. A reference in law to the department in relation to any
other function has the meaning assigned by Section 531.0011,
Government Code.
Sec. 1001.005. REFERENCES IN LAW MEANING COMMISSIONER OR
DESIGNEE. In this code or in any other law, a reference to the
commissioner in relation to a function described by Section
1001.002(c) means the commissioner. A reference in law to the
commissioner in relation to any other function has the meaning
assigned by Section 531.0012, Government Code.
SECTION 1.18. Effective September 1, 2017, Section
40.002(b), Human Resources Code, as amended by S.B. No. 219, Acts of
the 84th Legislature, Regular Session, 2015, is amended to read as
follows:
(b) Except as provided by Section 40.0025 [Notwithstanding
any other law], the department shall:
(1) provide protective services for children and
elderly persons and persons with disabilities, including
investigations of alleged abuse, neglect, or exploitation in
facilities of the Department of State Health Services and the
Department of Aging and Disability Services or the successor agency
for either of those agencies;
(2) provide family support and family preservation
services that respect the fundamental right of parents to control
the education and upbringing of their children;
(3) license, register, and enforce regulations
applicable to child-care facilities, child-care administrators,
and child-placing agency administrators; and
(4) implement and manage programs intended to provide
early intervention or prevent at-risk behaviors that lead to child
abuse, delinquency, running away, truancy, and dropping out of
school.
SECTION 1.19. Effective September 1, 2017, Subchapter A,
Chapter 40, Human Resources Code, is amended by adding Sections
40.0025, 40.0026, and 40.0027 to read as follows:
Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section,
"function" includes a power, duty, program, or activity and an
administrative support services function associated with the
power, duty, program, or activity, unless consolidated under
Section 531.02012, Government Code.
(b) In accordance with Subchapter A-1, Chapter 531,
Government Code, and notwithstanding any other law, the department
performs only functions, including the statewide intake of reports
and other information, related to the following services:
(1) child protective services, including services
that are required by federal law to be provided by this state's
child welfare agency;
(2) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(A) in a facility operated, or in a facility or by
a person licensed, certified, or registered, by a state agency; or
(B) by a provider that has contracted to provide
home and community-based services; and
(3) prevention and early intervention services
functions, including:
(A) prevention and early intervention services
as defined under Section 265.001, Family Code; and
(B) programs that:
(i) provide parent education;
(ii) promote healthier parent-child
relationships; or
(iii) prevent family violence.
Sec. 40.0026. REFERENCES IN LAW MEANING DEPARTMENT. In
this code or any other law, a reference to the department in
relation to a function described by Section 40.0025(b) means the
department. A reference in law to the department in relation to any
other function has the meaning assigned by Section 531.0011,
Government Code.
Sec. 40.0027. REFERENCES IN LAW MEANING COMMISSIONER OR
DESIGNEE. In this code or in any other law, a reference to the
commissioner in relation to a function described by Section
40.0025(b) means the commissioner. A reference in law to the
commissioner in relation to any other function has the meaning
assigned by Section 531.0012, Government Code.
SECTION 1.20. Sections 40.0515(d) and (e), Human Resources
Code, are amended to read as follows:
(d) A performance review conducted under Subsection (b)(3)
is considered a performance evaluation for purposes of Section
40.032(c) of this code or Section 531.009(c), Government Code, as
applicable. The department shall ensure that disciplinary or other
corrective action is taken against a supervisor or other managerial
employee who is required to conduct a performance evaluation for
adult protective services personnel under Section 40.032(c) of this
code or Section 531.009(c), Government Code, as applicable, or a
performance review under Subsection (b)(3) and who fails to
complete that evaluation or review in a timely manner.
(e) The annual performance evaluation required under
Section 40.032(c) of this code or Section 531.009(c), Government
Code, as applicable, of the performance of a supervisor in the adult
protective services division must:
(1) be performed by an appropriate program
administrator; and
(2) include:
(A) an evaluation of the supervisor with respect
to the job performance standards applicable to the supervisor's
assigned duties; and
(B) an evaluation of the supervisor with respect
to the compliance of employees supervised by the supervisor with
the job performance standards applicable to those employees'
assigned duties.
SECTION 1.21. (a) The heading to Subchapter C, Chapter
112, Human Resources Code, is amended to read as follows:
SUBCHAPTER C. [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL
DISABILITIES
(b) Section 112.042, Human Resources Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commission" means the Health and Human Services
Commission.
(1-a) "Developmental disability" means a severe,
chronic disability that:
(A) is attributable to a mental or physical
impairment or to a combination of a mental and physical impairment;
(B) is manifested before a person reaches the age
of 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional
limitations in three or more major life activities, including:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; and
(vii) economic sufficiency; and
(E) reflects the person's needs for a combination
and sequence of special interdisciplinary or generic care,
treatment, or other lifelong or extended services that are
individually planned and coordinated.
(1-b) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(c) Subchapter C, Chapter 112, Human Resources Code, is
amended by adding Sections 112.0421 and 112.0431 to read as
follows:
Sec. 112.0421. APPLICABILITY AND EXPIRATION OF CERTAIN
PROVISIONS. (a) Sections 112.041(a), 112.043, 112.045, 112.0451,
112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and
112.0472 apply only until the date the executive commissioner
begins to administer this subchapter and the commission assumes the
duties and functions of the Office for the Prevention of
Developmental Disabilities in accordance with Section 112.0431.
(b) On the date the provisions listed in Subsection (a)
cease to apply, the executive committee under Section 112.045 and
the board of advisors under Section 112.046 are abolished.
(c) This section and Sections 112.041(a), 112.043, 112.045,
112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047,
112.0471, and 112.0472 expire on the last day of the period
prescribed by Section 531.02001(2), Government Code.
Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN
REFERENCES. (a) Notwithstanding any other provision in this
subchapter, the executive commissioner shall administer this
subchapter beginning on the date specified in the transition plan
under Section 531.0204, Government Code, and the commission shall
perform the duties and functions of the Office for the Prevention of
Developmental Disabilities in the organizational form the
executive commissioner determines appropriate.
(b) Following the assumption of the administration of this
subchapter by the executive commissioner and the duties and
functions by the commission in accordance with Subsection (a):
(1) a reference in this subchapter to the office, the
Office for the Prevention of Developmental Disabilities, or the
executive committee of that office means the commission, the
division or other organizational unit within the commission
designated by the executive commissioner, or the executive
commissioner, as appropriate; and
(2) a reference in any other law to the Office for the
Prevention of Developmental Disabilities has the meaning assigned
by Subdivision (1).
(d) Section 112.044, Human Resources Code, is amended to
read as follows:
Sec. 112.044. DUTIES. The office shall:
(1) educate the public and attempt to promote sound
public policy regarding the prevention of developmental
disabilities;
(2) identify, collect, and disseminate information
and data concerning the causes, frequency of occurrence, and
preventability of developmental disabilities;
(3) work with appropriate divisions within the
commission, state agencies, and other entities to develop a
coordinated long-range plan to effectively monitor and reduce the
incidence or severity of developmental disabilities;
(4) promote and facilitate the identification,
development, coordination, and delivery of needed prevention
services;
(5) solicit, receive, and spend grants and donations
from public, private, state, and federal sources;
(6) identify and encourage establishment of needed
reporting systems to track the causes and frequencies of occurrence
of developmental disabilities;
(7) develop, operate, and monitor programs created
under Section 112.048 addressing [task forces to address] the
prevention of specific targeted developmental disabilities;
(8) monitor and assess the effectiveness of divisions
within the commission and of state agencies in preventing [to
prevent] developmental disabilities;
(9) recommend the role each division within the
commission and each state agency should have with regard to
prevention of developmental disabilities;
(10) facilitate coordination of state agency
prevention services and activities within the commission and among
appropriate state agencies; and
(11) encourage cooperative, comprehensive, and
complementary planning among public, private, and volunteer
individuals and organizations engaged in prevention activities,
providing prevention services, or conducting related research.
(e) Sections 112.048 and 112.049, Human Resources Code, are
amended to read as follows:
Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED
DEVELOPMENTAL DISABILITIES [TASK FORCES]. (a) The executive
committee shall establish guidelines for:
(1) selecting targeted disabilities;
(2) assessing prevention services needs; and
(3) reviewing [task force] plans, budgets, and
operations for programs under this section.
(b) The executive committee shall [create task forces made
up of members of the board of advisors to] plan and implement
prevention programs for specifically targeted developmental
disabilities. [A task force operates as an administrative division
of the office and can be abolished when it is ineffective or is no
longer needed.]
(c) A program under this section [task force shall]:
(1) must include [develop] a plan designed to reduce
the incidence of a specifically targeted disability;
(2) must include [prepare] a budget for implementing a
plan;
(3) must be funded [arrange for funds] through:
(A) contracts for services from participating
agencies;
(B) grants and gifts from private persons and
consumer and advocacy organizations; and
(C) foundation support; and
(4) must be approved by [submit the plan, budget, and
evidence of funding commitments to] the executive committee [for
approval].
[(d) A task force shall regularly report to the executive
committee, as required by the committee, the operation, progress,
and results of the task force's prevention plan.]
Sec. 112.049. EVALUATION. (a) The office shall identify
or encourage the establishment of needed statistical bases for each
targeted group against which the office can measure how effectively
a [task force] program under Section 112.048 is reducing the
frequency or severity of a targeted developmental disability.
(b) The executive committee shall regularly monitor and
evaluate the results of [task force prevention] programs under
Section 112.048.
(f) The heading to Section 112.050, Human Resources Code, is
amended to read as follows:
Sec. 112.050. GRANTS AND OTHER FUNDING.
(g) Section 112.050, Human Resources Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The executive committee may not submit a legislative
appropriation request for general revenue funds for purposes of
this subchapter.
(d) In addition to funding under Subsection (a), the office
may accept and solicit gifts, donations, and grants of money from
public and private sources, including the federal government, local
governments, and private entities, to assist in financing the
duties and functions of the office. The commission shall support
office fund-raising efforts authorized by this subsection. Funds
raised under this subsection may only be spent in furtherance of a
duty or function of the office or in accordance with rules
applicable to the office.
(h) Section 112.051, Human Resources Code, is amended to
read as follows:
Sec. 112.051. REPORTS TO LEGISLATURE. The office shall
submit by February 1 of each odd-numbered year biennial reports to
the legislature detailing findings of the office and the results of
[task force prevention] programs under Section 112.048 and
recommending improvements in the delivery of developmental
disability prevention services.
(i) Notwithstanding the changes in law made by this section,
the Office for the Prevention of Developmental Disabilities and any
administrative entity of the Office for the Prevention of
Developmental Disabilities shall continue to operate under the law
as it existed before the effective date of this article, and that
law is continued in effect for that purpose, until the executive
commissioner of the Health and Human Services Commission begins
administering Subchapter C, Chapter 112, Human Resources Code, as
amended by this article, and the commission begins performing the
duties and functions of the Office for the Prevention of
Developmental Disabilities as required by Section 112.0431, Human
Resources Code, as added by this article, on the date specified in
the transition plan required under Section 531.0204, Government
Code, as added by this article.
(j) The executive commissioner of the Health and Human
Services Commission shall begin administering Subchapter C,
Chapter 112, Human Resources Code, as amended by this article, and
the commission shall begin performing the duties and functions of
the Office for the Prevention of Developmental Disabilities as
required by Section 112.0431, Human Resources Code, as added by
this article, on the date specified in the transition plan required
under Section 531.0204, Government Code, as added by this article.
SECTION 1.22. (a) The heading to Chapter 114, Human
Resources Code, is amended to read as follows:
CHAPTER 114. [TEXAS COUNCIL ON] AUTISM AND PERVASIVE DEVELOPMENTAL
DISORDERS
(b) Section 114.002, Human Resources Code, is amended by
adding Subdivisions (1-a) and (3) to read as follows:
(1-a) "Commission" means the Health and Human Services
Commission.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(c) Chapter 114, Human Resources Code, is amended by adding
Sections 114.0021 and 114.0031 to read as follows:
Sec. 114.0021. APPLICABILITY AND EXPIRATION OF CERTAIN
PROVISIONS. (a) Sections 114.001, 114.003, 114.004, 114.005,
114.007(a), and 114.010(d) apply only until the date the executive
commissioner begins to administer this chapter and the commission
assumes the duties and functions of the Texas Council on Autism and
Pervasive Developmental Disorders in accordance with Section
114.0031.
(b) On the date the provisions listed in Subsection (a)
cease to apply, the Texas Council on Autism and Pervasive
Developmental Disorders is abolished.
(c) This section and Sections 114.001, 114.003, 114.004,
114.005, 114.007(a), and 114.010(d) expire on the last day of the
period prescribed by Section 531.02001(1), Government Code.
Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN
REFERENCES. (a) Notwithstanding any other provision in this
chapter, the executive commissioner shall administer this chapter
beginning on the date specified in the transition plan under
Section 531.0204, Government Code, and the commission shall perform
the duties and functions of the Texas Council on Autism and
Pervasive Developmental Disorders in the organizational form the
executive commissioner determines appropriate.
(b) Following the assumption of the administration of this
chapter by the executive commissioner and the duties and functions
by the commission in accordance with Subsection (a):
(1) a reference in this chapter to the council, the
Texas Council on Autism and Pervasive Developmental Disorders, or
an agency represented on the council means the commission, the
division or other organizational unit within the commission
designated by the executive commissioner, or the executive
commissioner, as appropriate; and
(2) a reference in any other law to the Texas Council
on Autism and Pervasive Developmental Disorders has the meaning
assigned by Subdivision (1).
(d) Section 114.006(b), Human Resources Code, is amended to
read as follows:
(b) The council shall make written recommendations on the
implementation of this chapter. If the council considers a
recommendation that will affect another state [an] agency [not
represented on the council], the council shall seek the advice and
assistance of the agency before taking action on the
recommendation. On approval of the governing body of the agency,
each agency affected by a council recommendation shall implement
the recommendation. If an agency does not have sufficient funds to
implement a recommendation, the agency shall request funds for that
purpose in its next budget proposal.
(e) Sections 114.007(b) and (c), Human Resources Code, are
amended to read as follows:
(b) The council with [the advice of the advisory task force
and] input from people with autism and other pervasive
developmental disorders, their families, and related advocacy
organizations shall address contemporary issues affecting services
available to persons with autism or other pervasive developmental
disorders in this state, including:
(1) successful intervention and treatment strategies,
including transitioning;
(2) personnel preparation and continuing education;
(3) referral, screening, and evaluation services;
(4) day care, respite care, or residential care
services;
(5) vocational and adult training programs;
(6) public awareness strategies;
(7) contemporary research;
(8) early identification strategies;
(9) family counseling and case management; and
(10) recommendations for monitoring autism service
programs.
(c) The council with [the advice of the advisory task force
and] input from people with autism and other pervasive
developmental disorders, their families, and related advocacy
organizations shall advise the legislature on legislation that is
needed to develop further and to maintain a statewide system of
quality intervention and treatment services for all persons with
autism or other pervasive developmental disorders. The council may
develop and recommend legislation to the legislature or comment on
pending legislation that affects those persons.
(f) Section 114.008, Human Resources Code, is amended to
read as follows:
Sec. 114.008. REPORT. (a) [The agencies represented on
the council and the public members shall report to the council any
requirements identified by the agency or person to provide
additional or improved services to persons with autism or other
pervasive developmental disorders.] Not later than November 1 of
each even-numbered year, the council shall:
(1) prepare a report summarizing requirements the
council identifies and recommendations for providing additional or
improved services to persons with autism or other pervasive
developmental disorders; and
(2) deliver the report to the executive commissioner
[of the Health and Human Services Commission], the governor, the
lieutenant governor, and the speaker of the house of
representatives [a report summarizing the recommendations].
(b) The council shall develop a strategy for establishing
new programs to meet the requirements identified through the
council's review and assessment and from input from [the task
force,] people with autism and related pervasive developmental
disorders, their families, and related advocacy organizations.
(g) Section 114.013, Human Resources Code, is amended to
read as follows:
Sec. 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS
WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER]. (a) The
commission [Health and Human Services Commission] shall [establish
and administer an autism spectrum disorders resource center to]
coordinate resources for individuals with autism and other
pervasive developmental disorders and their families. In
coordinating those resources [establishing and administering the
center], the commission [Health and Human Services Commission]
shall consult with [the council and coordinate with] appropriate
state agencies[, including each agency represented on the council].
(b) As part of coordinating resources under Subsection (a),
the commission [The Health and Human Services Commission] shall
[design the center to]:
(1) collect and distribute information and research
regarding autism and other pervasive developmental disorders;
(2) conduct training and development activities for
persons who may interact with an individual with autism or another
pervasive developmental disorder in the course of their employment,
including school, medical, or law enforcement personnel;
(3) coordinate with local entities that provide
services to an individual with autism or another pervasive
developmental disorder; and
(4) provide support for families affected by autism
and other pervasive developmental disorders.
(h) Notwithstanding the changes in law made by this section,
the Texas Council on Autism and Pervasive Developmental Disorders
and any administrative entity of the Texas Council on Autism and
Pervasive Developmental Disorders shall continue to operate under
the law as it existed before the effective date of this article, and
that law is continued in effect for that purpose, until the
executive commissioner of the Health and Human Services Commission
begins administering Chapter 114, Human Resources Code, as amended
by this article, and the commission begins performing the duties
and functions of the Texas Council on Autism and Pervasive
Developmental Disorders as required by Section 114.0031, Human
Resources Code, as added by this article, on the date specified in
the transition plan required under Section 531.0204, Government
Code, as added by this article.
(i) The executive commissioner of the Health and Human
Services Commission shall begin administering Chapter 114, Human
Resources Code, as amended by this article, and the commission
shall begin performing the duties and functions of the Texas
Council on Autism and Pervasive Developmental Disorders as required
by Section 114.0031, Human Resources Code, as added by this
article, on the date specified in the transition plan required
under Section 531.0204, Government Code, as added by this article.
SECTION 1.23. (a) Effective September 1, 2016, the
following provisions of the Government Code, including provisions
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, are repealed:
(1) Section 531.0235; and
(2) Subchapter K, Chapter 531.
(b) Effective September 1, 2016, the following provisions
of the Health and Safety Code are repealed:
(1) Section 1001.021;
(2) Section 1001.022;
(3) Section 1001.023;
(4) Section 1001.024;
(5) Section 1001.025;
(6) Section 1001.026; and
(7) Section 1001.027.
(c) 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 40.021;
(2) Section 40.022;
(3) Section 40.0226;
(4) Section 40.024;
(5) Section 40.025;
(6) Section 40.026;
(7) Section 117.002;
(8) Section 117.021;
(9) Section 117.022;
(10) Section 117.023;
(11) Section 117.024;
(12) Section 117.025;
(13) Section 117.026;
(14) Section 117.027;
(15) Section 117.028;
(16) Section 117.029;
(17) Section 117.030;
(18) Section 117.032;
(19) Section 117.051;
(20) Section 117.052;
(21) Section 117.053;
(22) Section 117.054;
(23) Section 117.055;
(24) Section 117.056;
(25) Section 117.072;
(26) Section 161.021;
(27) Section 161.022;
(28) Section 161.023;
(29) Section 161.024;
(30) Section 161.025;
(31) Section 161.026;
(32) Section 161.027;
(33) Section 161.028;
(34) Section 161.029; and
(35) Section 161.030.
(d) Effective September 1, 2017, Section 531.0055(i),
Government Code, is repealed.
(e) Effective September 1, 2017, 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 161.002;
(2) Section 161.032;
(3) Section 161.051;
(4) Section 161.052;
(5) Section 161.053;
(6) Section 161.054;
(7) Section 161.055;
(8) Section 161.056; and
(9) Section 161.072.
(f) Notwithstanding Subsections (a), (b), (c), (d), and (e)
of this section, the implementation of a provision repealed by one
of those subsections ceases on the date the responsible state
agency or entity listed in Section 531.0202, Government Code, as
added by this article, is abolished as provided by Subchapter A-1,
Chapter 531, Government Code, as added by this article.
ARTICLE 2. HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS
SECTION 2.01. Section 531.001, Government Code, is amended
by adding Subdivision (3-a) to read as follows:
(3-a) "Health and human services system" means the
system for providing or otherwise administering health and human
services in this state by the commission, including through an
office or division of the commission or through another entity
under the administrative and operational control of the executive
commissioner.
SECTION 2.02. Subchapter A, Chapter 531, Government Code,
is amended by adding Section 531.00552 to read as follows:
Sec. 531.00552. CONSOLIDATED INTERNAL AUDIT PROGRAM.
(a) Notwithstanding Section 2102.005, the commission shall
operate the internal audit program required under Chapter 2102 for
the commission and each health and human services agency as a
consolidated internal audit program.
(b) For purposes of this section, a reference in Chapter
2102 to the administrator of a state agency with respect to a health
and human services agency means the executive commissioner.
SECTION 2.03. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Section 531.0164 to read as follows:
Sec. 531.0164. HEALTH AND HUMAN SERVICES SYSTEM INTERNET
WEBSITE COORDINATION. The commission shall establish a process to
ensure Internet websites across the health and human services
system are developed and maintained according to standard criteria
for uniformity, efficiency, and technical capabilities. Under the
process, the commission shall:
(1) develop and maintain an inventory of all health
and human services system Internet websites;
(2) on an ongoing basis, evaluate the inventory
maintained under Subdivision (1) to:
(A) determine whether any of the Internet
websites should be consolidated to improve public access to those
websites' content; and
(B) ensure the Internet websites comply with the
standard criteria; and
(3) if appropriate, consolidate the websites
identified under Subdivision (2)(A).
(b) As soon as possible after the effective date of this
article, the Health and Human Services Commission shall implement
Section 531.0164, Government Code, as added by this article.
(c) As soon as possible after a function is transferred in
accordance with Section 531.0201, 531.02011, or 531.02012,
Government Code, as added by this Act, the Health and Human Services
Commission shall, in accordance with Section 531.0164, Government
Code, as added by this article, ensure that an Internet website
related to the transferred function is updated, transferred, or
consolidated to reflect the consolidation mandated by Subchapter
A-1, Chapter 531, Government Code, as added by this Act.
SECTION 2.04. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Section 531.0171 to read as follows:
Sec. 531.0171. OFFICE OF OMBUDSMAN. (a) The executive
commissioner shall establish the commission's office of the
ombudsman with authority and responsibility over the health and
human services system in performing the following functions:
(1) providing dispute resolution services for the
health and human services system;
(2) performing consumer protection and advocacy
functions related to health and human services, including assisting
a consumer or other interested person with:
(A) raising a matter within the health and human
services system that the person feels is being ignored; and
(B) obtaining information regarding a filed
complaint; and
(3) collecting inquiry and complaint data related to
the health and human services system.
(b) The office of the ombudsman does not have the authority
to provide a separate process for resolving complaints or appeals.
(c) The executive commissioner shall develop a standard
process for tracking and reporting received inquiries and
complaints within the health and human services system. The
process must provide for the centralized tracking of inquiries and
complaints submitted to field, regional, or other local health and
human services system offices.
(d) Using the process developed under Subsection (c), the
office of the ombudsman shall collect inquiry and complaint data
from all offices, agencies, divisions, and other entities within
the health and human services system. To assist with the collection
of data under this subsection, the office may access any system or
process for recording inquiries and complaints used or maintained
within the health and human services system.
(b) As soon as possible after the effective date of this
article, the executive commissioner of the Health and Human
Services Commission shall implement Section 531.0171, Government
Code, as added by this article.
(c) Notwithstanding any other provision of state law but
except as provided by Subsection (d) of this section:
(1) each office of an ombudsman established before the
effective date of this section that performs ombudsman duties for a
state agency or entity subject to abolition under Section 531.0202,
Government Code, as added by this Act, is abolished on the date the
state agency or entity for which the office performs ombudsman
duties is abolished in accordance with the transition plan under
Section 531.0204, Government Code, as added by this Act; and
(2) each office of an ombudsman established before the
effective date of this section that performs ombudsman duties for
the Department of Family and Protective Services or the Department
of State Health Services is abolished on the date specified in the
transition plan under Section 531.0204, Government Code, as added
by this Act.
(d) The following offices of an ombudsman are not abolished
under Subsection (c) of this section and continue in existence:
(1) the office of independent ombudsman for state
supported living centers established under Subchapter C, Chapter
555, Health and Safety Code;
(2) the office of the state long-term care ombudsman;
and
(3) any other ombudsman office serving all or part of
the health and human services system that is required by federal
law.
(e) The executive commissioner of the Health and Human
Services Commission shall certify which offices of ombudsman are
abolished, and which are exempt from abolition, under Subsection
(d) of this section and shall publish that certification in the
Texas Register not later than September 1, 2016.
SECTION 2.05. (a) Subchapter A, Chapter 531, Government
Code, is amended by adding Section 531.0192 to read as follows:
Sec. 531.0192. HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND
CALL CENTER COORDINATION. (a) The commission shall establish a
process to ensure all health and human services system hotlines and
call centers are necessary and appropriate. Under the process, the
commission shall:
(1) develop criteria for use in assessing whether a
hotline or call center serves an ongoing purpose;
(2) develop and maintain an inventory of all system
hotlines and call centers;
(3) use the inventory and assessment criteria
developed under this subsection to periodically consolidate
hotlines and call centers along appropriate functional lines;
(4) develop an approval process designed to ensure
that a newly established hotline or call center, including the
telephone system and contract terms for the hotline or call center,
meets policies and standards established by the commission; and
(5) develop policies and standards for hotlines and
call centers that include both quality and quantity performance
measures and benchmarks and may include:
(A) client satisfaction with call resolution;
(B) accuracy of information provided;
(C) the percentage of received calls that are
answered;
(D) the amount of time a caller spends on hold;
and
(E) call abandonment rates.
(a-1) In developing policies and standards under Subsection
(a)(5), the commission may allow varied performance measures and
benchmarks for a hotline or call center based on factors affecting
the capacity of the hotline or call center, including factors such
as staffing levels and funding.
(b) In consolidating hotlines and call centers under
Subsection (a)(3), the commission shall seek to maximize the use
and effectiveness of the commission's 2-1-1 telephone number.
(b) As soon as possible after the effective date of this
article, the Health and Human Services Commission shall implement
Section 531.0192, Government Code, as added by this article.
(c) Not later than March 1, 2016, the Health and Human
Services Commission shall complete an initial assessment and
consolidation of hotlines and call centers, as required by Section
531.0192, Government Code, as added by this article.
(d) As soon as possible after a function is transferred in
accordance with Section 531.0201 or 531.02011, Government Code, as
added by this Act, the Health and Human Services Commission shall,
in accordance with Section 531.0192, Government Code, as added by
this article, ensure a hotline or call center related to the
transferred function is transferred or consolidated to reflect the
consolidation mandated by Subchapter A-1, Chapter 531, Government
Code, as added by this Act.
SECTION 2.06. Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.02731 to read as follows:
Sec. 531.02731. REPORT OF INFORMATION RESOURCES MANAGER TO
COMMISSION. Notwithstanding Section 2054.075(b), the information
resources manager of a health and human services agency shall
report directly to the executive commissioner or a deputy executive
commissioner designated by the executive commissioner.
ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
SECTION 3.01. 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 3.02. Except as otherwise provided by this Act,
this Act takes effect September 1, 2015.
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