S.B. No. 1021
AN ACT
relating to reports on the consolidation and certain functions of
the health and human services system, including advisory committees
within the system, and the re-creation of the Texas system of care
framework.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.0051(c), Government Code, is amended
to read as follows:
(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) the commissioner of the Department of Family and
Protective Services, regardless of whether that agency continues as
a state agency separate from the commission; and
(5) other individuals appointed by the executive
commissioner as the executive commissioner determines necessary.
SECTION 2. Sections 531.02031(a) and (b), Government Code,
are amended to read as follows:
(a) Not later than July 31 [September 1], 2018, the
executive commissioner shall conduct a study and submit a report
and recommendations [recommendation] to the Health and Human
Services Transition Legislative Oversight Committee that include:
(1) a recommendation regarding the need to continue
the Department of Family and Protective Services as a state agency
separate from the commission, unless a determination on the
continuation is made before that date;
(2) a recommendation regarding the need to continue
[and] the Department of State Health Services as a state agency
[agencies] separate from the commission;
(3) an assessment of the quality and consistency of
data sharing, communication, and coordination between the
Department of Family and Protective Services and the commission;
and
(4) an assessment of any known or potential conflicts
of interest concerning licensing and regulation activities by the
Department of Family and Protective Services or the commission,
including the process by which known conflicts of interest are
mitigated or managed by those agencies.
(b) Not later than December 1, 2018, the Health and Human
Services Transition Legislative Oversight Committee shall review
the report and recommendations [recommendation] submitted under
Subsection (a) and submit a report and recommendations
[recommendation] to the legislature that include:
(1) a recommendation regarding the need to continue
the Department of Family and Protective Services as a state agency
separate from the commission, unless a determination on the
continuation is made before that date;
(2) a recommendation regarding the need to continue
[and] the Department of State Health Services as a state agency
[agencies] separate from the commission; and
(3) an assessment of and any necessary recommendations
concerning data sharing, communication, and coordination between
the Department of Family and Protective Services and the
commission.
SECTION 3. Section 531.251, Government Code, is reenacted
to read as follows:
Sec. 531.251. TEXAS SYSTEM OF CARE FRAMEWORK. (a) In this
section:
(1) "Minor" means an individual younger than 18 years
of age.
(2) "Serious emotional disturbance" means a mental,
behavioral, or emotional disorder of sufficient duration to result
in functional impairment that substantially interferes with or
limits a person's role or ability to function in family, school, or
community activities.
(3) "System of care framework" means a framework for
collaboration among state agencies, minors who have a serious
emotional disturbance or are at risk of developing a serious
emotional disturbance, and the families of those minors that
improves access to services and delivers effective community-based
services that are family-driven, youth- or young adult-guided, and
culturally and linguistically competent.
(b) The commission shall implement a system of care
framework to develop local mental health systems of care in
communities for minors who are receiving residential mental health
services and supports or inpatient mental health hospitalization,
have or are at risk of developing a serious emotional disturbance,
or are at risk of being removed from the minor's home and placed in a
more restrictive environment to receive mental health services and
supports, including an inpatient mental health hospital, a
residential treatment facility, or a facility or program operated
by the Department of Family and Protective Services or an agency
that is part of the juvenile justice system.
(c) The commission shall:
(1) maintain a comprehensive plan for the delivery of
mental health services and supports to a minor and a minor's family
using a system of care framework, including best practices in the
financing, administration, governance, and delivery of those
services;
(2) enter memoranda of understanding with the
Department of State Health Services, the Department of Family and
Protective Services, the Texas Education Agency, the Texas Juvenile
Justice Department, and the Texas Correctional Office on Offenders
with Medical or Mental Impairments that specify the roles and
responsibilities of each agency in implementing the comprehensive
plan described by Subdivision (1);
(3) identify appropriate local, state, and federal
funding sources to finance infrastructure and mental health
services and supports needed to support state and local system of
care framework efforts;
(4) develop an evaluation system to measure
cross-system performance and outcomes of state and local system of
care framework efforts; and
(5) in implementing the provisions of this section,
consult with stakeholders, including:
(A) minors who have or are at risk of developing a
serious emotional disturbance or young adults who received mental
health services and supports as a minor with or at risk of
developing a serious emotional disturbance; and
(B) family members of those minors or young
adults.
SECTION 4. Not later than July 31, 2018, the executive
commissioner of the Health and Human Services Commission shall
submit to the Health and Human Services Transition Legislative
Oversight Committee the report required by Section 531.02031(a),
Government Code, as amended by this Act. The report must also
include:
(1) the latest information available on the
commission's progress in transferring and consolidating the
administrative support services functions of the health and human
services system as mandated by Subchapter A-1, Chapter 531,
Government Code; and
(2) recommendations on:
(A) whether to abolish each statutory advisory
committee that considers issues related to the health and human
services system; and
(B) for an advisory committee for which
abolishment is recommended, whether to reestablish the advisory
committee by rule, consolidate the advisory committee with another
advisory committee, or permanently discontinue the advisory
committee in any form.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1021 passed the Senate on
May 3, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1021 passed the House on
May 21, 2017, by the following vote: Yeas 141, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor