85R10956 GCB-F
By: Zaffirini S.B. No. 2077
A BILL TO BE ENTITLED
AN ACT
relating to the provision of protective services and the conduct of
certain investigations through the adult protective services
program of the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 40.002(b), Human Resources Code, as
effective September 1, 2017, is amended to read as follows:
(b) Except as provided by Section 40.0025, the department
shall:
(1) provide protective services for children and
elderly persons and persons with disabilities, including
investigations of alleged abuse, neglect, or exploitation by a
provider the department has authority to investigate under Section
48.252 or under Section 261.404, Family Code [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 2. Section 40.0025(b), Human Resources Code, is
amended to read as follows:
(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, including
investigations conducted by adult protective services under
Section 48.252 or under Section 261.404, Family Code [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.
SECTION 3. Section 531.02011, Government Code, is amended
to read as follows:
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, other than regulatory functions of the
department's adult protective services program involving
investigations conducted under Section 48.252, Human Resources
Code, or Section 261.404, Family Code.
SECTION 4. Section 531.02013, Government Code, is amended
to read as follows:
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, including
investigations conducted by adult protective services under
Section 48.252, Human Resources Code, or Section 261.404, Family
Code [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.
SECTION 5. This Act takes effect September 1, 2017.