Texas 2017 - 85th Regular

Texas Senate Bill SB1021 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nelson S.B. No. 1021
2		-	(Price)
	1	+	S.B. No. 1021
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to reports on the consolidation and certain functions of
8	6		the health and human services system, including advisory committees
9	7		within the system, and the re-creation of the Texas system of care
10	8		framework.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 531.0051(c), Government Code, is amended
13	11		to read as follows:
14	12		(c) The council is composed of:
15	13		(1) the executive commissioner;
16	14		(2) the director of each division established by the
17	15		executive commissioner under Section 531.008(c);
18	16		(3) the commissioner of a health and human services
19	17		agency; [and]
20	18		(4) the commissioner of the Department of Family and
21	19		Protective Services, regardless of whether that agency continues as
22	20		a state agency separate from the commission; and
23	21		(5) other individuals appointed by the executive
24	22		commissioner as the executive commissioner determines necessary.
25	23		SECTION 2. Sections 531.02031(a) and (b), Government Code,
26	24		are amended to read as follows:
27	25		(a) Not later than July 31 [September 1], 2018, the
28	26		executive commissioner shall conduct a study and submit a report
29	27		and recommendations [recommendation] to the Health and Human
30	28		Services Transition Legislative Oversight Committee that include:
31	29		(1) a recommendation regarding the need to continue
32	30		the Department of Family and Protective Services as a state agency
33	31		separate from the commission, unless a determination on the
34	32		continuation is made before that date;
35	33		(2) a recommendation regarding the need to continue
36	34		[and] the Department of State Health Services as a state agency
37	35		[agencies] separate from the commission;
38	36		(3) an assessment of the quality and consistency of
39	37		data sharing, communication, and coordination between the
40	38		Department of Family and Protective Services and the commission;
41	39		and
42	40		(4) an assessment of any known or potential conflicts
43	41		of interest concerning licensing and regulation activities by the
44	42		Department of Family and Protective Services or the commission,
45	43		including the process by which known conflicts of interest are
46	44		mitigated or managed by those agencies.
47	45		(b) Not later than December 1, 2018, the Health and Human
48	46		Services Transition Legislative Oversight Committee shall review
49	47		the report and recommendations [recommendation] submitted under
50	48		Subsection (a) and submit a report and recommendations
51	49		[recommendation] to the legislature that include:
52	50		(1) a recommendation regarding the need to continue
53	51		the Department of Family and Protective Services as a state agency
54	52		separate from the commission, unless a determination on the
55	53		continuation is made before that date;
56	54		(2) a recommendation regarding the need to continue
57	55		[and] the Department of State Health Services as a state agency
58	56		[agencies] separate from the commission; and
59	57		(3) an assessment of and any necessary recommendations
60	58		concerning data sharing, communication, and coordination between
61	59		the Department of Family and Protective Services and the
62	60		commission.
63	61		SECTION 3. Section 531.251, Government Code, is reenacted
64	62		to read as follows:
65	63		Sec. 531.251. TEXAS SYSTEM OF CARE FRAMEWORK. (a) In this
66	64		section:
67	65		(1) "Minor" means an individual younger than 18 years
68	66		of age.
69	67		(2) "Serious emotional disturbance" means a mental,
70	68		behavioral, or emotional disorder of sufficient duration to result
71	69		in functional impairment that substantially interferes with or
72	70		limits a person's role or ability to function in family, school, or
73	71		community activities.
74	72		(3) "System of care framework" means a framework for
75	73		collaboration among state agencies, minors who have a serious
76	74		emotional disturbance or are at risk of developing a serious
77	75		emotional disturbance, and the families of those minors that
78	76		improves access to services and delivers effective community-based
79	77		services that are family-driven, youth- or young adult-guided, and
80	78		culturally and linguistically competent.
81	79		(b) The commission shall implement a system of care
82	80		framework to develop local mental health systems of care in
83	81		communities for minors who are receiving residential mental health
84	82		services and supports or inpatient mental health hospitalization,
85	83		have or are at risk of developing a serious emotional disturbance,
86	84		or are at risk of being removed from the minor's home and placed in a
87	85		more restrictive environment to receive mental health services and
88	86		supports, including an inpatient mental health hospital, a
89	87		residential treatment facility, or a facility or program operated
90	88		by the Department of Family and Protective Services or an agency
91	89		that is part of the juvenile justice system.
92	90		(c) The commission shall:
93	91		(1) maintain a comprehensive plan for the delivery of
94	92		mental health services and supports to a minor and a minor's family
95	93		using a system of care framework, including best practices in the
96	94		financing, administration, governance, and delivery of those
97	95		services;
98	96		(2) enter memoranda of understanding with the
99	97		Department of State Health Services, the Department of Family and
100	98		Protective Services, the Texas Education Agency, the Texas Juvenile
101	99		Justice Department, and the Texas Correctional Office on Offenders
102	100		with Medical or Mental Impairments that specify the roles and
103	101		responsibilities of each agency in implementing the comprehensive
104	102		plan described by Subdivision (1);
105	103		(3) identify appropriate local, state, and federal
106	104		funding sources to finance infrastructure and mental health
107	105		services and supports needed to support state and local system of
108	106		care framework efforts;
109	107		(4) develop an evaluation system to measure
110	108		cross-system performance and outcomes of state and local system of
111	109		care framework efforts; and
112	110		(5) in implementing the provisions of this section,
113	111		consult with stakeholders, including:
114	112		(A) minors who have or are at risk of developing a
115	113		serious emotional disturbance or young adults who received mental
116	114		health services and supports as a minor with or at risk of
117	115		developing a serious emotional disturbance; and
118	116		(B) family members of those minors or young
119	117		adults.
120	118		SECTION 4. Not later than July 31, 2018, the executive
121	119		commissioner of the Health and Human Services Commission shall
122	120		submit to the Health and Human Services Transition Legislative
123	121		Oversight Committee the report required by Section 531.02031(a),
124	122		Government Code, as amended by this Act. The report must also
125	123		include:
126	124		(1) the latest information available on the
127	125		commission's progress in transferring and consolidating the
128	126		administrative support services functions of the health and human
129	127		services system as mandated by Subchapter A-1, Chapter 531,
130	128		Government Code; and
131	129		(2) recommendations on:
132	130		(A) whether to abolish each statutory advisory
133	131		committee that considers issues related to the health and human
134	132		services system; and
135	133		(B) for an advisory committee for which
136	134		abolishment is recommended, whether to reestablish the advisory
137	135		committee by rule, consolidate the advisory committee with another
138	136		advisory committee, or permanently discontinue the advisory
139	137		committee in any form.
140	138		SECTION 5. This Act takes effect immediately if it receives
141	139		a vote of two-thirds of all the members elected to each house, as
142	140		provided by Section 39, Article III, Texas Constitution. If this
143	141		Act does not receive the vote necessary for immediate effect, this
144	142		Act takes effect September 1, 2017.
	143	+	______________________________ ______________________________
	144	+	President of the Senate Speaker of the House
	145	+	I hereby certify that S.B. No. 1021 passed the Senate on
	146	+	May 3, 2017, by the following vote: Yeas 31, Nays 0.
	147	+	______________________________
	148	+	Secretary of the Senate
	149	+	I hereby certify that S.B. No. 1021 passed the House on
	150	+	May 21, 2017, by the following vote: Yeas 141, Nays 0, one
	151	+	present not voting.
	152	+	______________________________
	153	+	Chief Clerk of the House
	154	+	Approved:
	155	+	______________________________
	156	+	Date
	157	+	______________________________
	158	+	Governor