Texas 2017 - 85th Regular

Texas Senate Bill SB2077 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10956 GCB-F
2	2	By: Zaffirini S.B. No. 2077
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of protective services and the conduct of
8	8	certain investigations through the adult protective services
9	9	program of the Department of Family and Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 40.002(b), Human Resources Code, as
12	12	effective September 1, 2017, is amended to read as follows:
13	13	(b) Except as provided by Section 40.0025, the department
14	14	shall:
15	15	(1) provide protective services for children and
16	16	elderly persons and persons with disabilities, including
17	17	investigations of alleged abuse, neglect, or exploitation by a
18	18	provider the department has authority to investigate under Section
19	19	48.252 or under Section 261.404, Family Code [in facilities of the
20	20	Department of State Health Services and the Department of Aging and
21	21	Disability Services or the successor agency for either of those
22	22	agencies];
23	23	(2) provide family support and family preservation
24	24	services that respect the fundamental right of parents to control
25	25	the education and upbringing of their children;
26	26	(3) license, register, and enforce regulations
27	27	applicable to child-care facilities, child-care administrators,
28	28	and child-placing agency administrators; and
29	29	(4) implement and manage programs intended to provide
30	30	early intervention or prevent at-risk behaviors that lead to child
31	31	abuse, delinquency, running away, truancy, and dropping out of
32	32	school.
33	33	SECTION 2. Section 40.0025(b), Human Resources Code, is
34	34	amended to read as follows:
35	35	(b) In accordance with Subchapter A-1, Chapter 531,
36	36	Government Code, and notwithstanding any other law, the department
37	37	performs only functions, including the statewide intake of reports
38	38	and other information, related to the following services:
39	39	(1) child protective services, including services
40	40	that are required by federal law to be provided by this state's
41	41	child welfare agency;
42	42	(2) adult protective services, including
43	43	investigations conducted by adult protective services under
44	44	Section 48.252 or under Section 261.404, Family Code [other than
45	45	investigations of the alleged abuse, neglect, or exploitation of an
46	46	elderly person or person with a disability:
47	47	[(A) in a facility operated, or in a facility or
48	48	by a person licensed, certified, or registered, by a state agency;
49	49	or
50	50	[(B) by a provider that has contracted to provide
51	51	home and community-based services]; and
52	52	(3) prevention and early intervention services
53	53	functions, including:
54	54	(A) prevention and early intervention services
55	55	as defined under Section 265.001, Family Code; and
56	56	(B) programs that:
57	57	(i) provide parent education;
58	58	(ii) promote healthier parent-child
59	59	relationships; or
60	60	(iii) prevent family violence.
61	61	SECTION 3. Section 531.02011, Government Code, is amended
62	62	to read as follows:
63	63	Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION.
64	64	On the dates specified in the transition plan required under
65	65	Section 531.0204, the following functions are transferred to the
66	66	commission as provided by this subchapter:
67	67	(1) all functions of each state agency and entity
68	68	subject to abolition under Section 531.0202(b) that remained with
69	69	the agency or entity after the initial transfer of functions under
70	70	Section 531.0201 or a transfer of administrative support services
71	71	functions under Section 531.02012;
72	72	(2) regulatory functions and functions related to
73	73	state-operated institutions of the Department of State Health
74	74	Services; and
75	75	(3) regulatory functions of the Department of Family
76	76	and Protective Services, other than regulatory functions of the
77	77	department's adult protective services program involving
78	78	investigations conducted under Section 48.252, Human Resources
79	79	Code, or Section 261.404, Family Code.
80	80	SECTION 4. Section 531.02013, Government Code, is amended
81	81	to read as follows:
82	82	Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
83	83	The following functions are not subject to transfer under Sections
84	84	531.0201 and 531.02011:
85	85	(1) the functions of the Department of Family and
86	86	Protective Services, including the statewide intake of reports and
87	87	other information, related to the following:
88	88	(A) child protective services, including
89	89	services that are required by federal law to be provided by this
90	90	state's child welfare agency;
91	91	(B) adult protective services, including
92	92	investigations conducted by adult protective services under
93	93	Section 48.252, Human Resources Code, or Section 261.404, Family
94	94	Code [other than investigations of the alleged abuse, neglect, or
95	95	exploitation of an elderly person or person with a disability:
96	96	[(i) in a facility operated, or in a
97	97	facility or by a person licensed, certified, or registered, by a
98	98	state agency; or
99	99	[(ii) by a provider that has contracted to
100	100	provide home and community-based services]; and
101	101	(C) prevention and early intervention services;
102	102	and
103	103	(2) the public health functions of the Department of
104	104	State Health Services, including health care data collection and
105	105	maintenance of the Texas Health Care Information Collection
106	106	program.
107	107	SECTION 5. This Act takes effect September 1, 2017.