By: Nelson S.B. No. 80
(In the Senate - Filed November 14, 2016; January 24, 2017,
read first time and referred to Committee on Business & Commerce;
March 20, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 20, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 80 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to certain required reports prepared by state agencies and
other governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.751(b), Education Code, is amended to
read as follows:
(b) The center shall examine the efficiency of the public
school system and the effectiveness of instructional methods and
curricular programs and promote the use of successful methods and
programs. The center shall monitor and evaluate the implementation
of the accountability system under Chapter 39 [and provide annual
progress reports to the governor, Legislative Budget Board, and
commissioner of education].
SECTION 2. Section 531.421, Government Code, is amended to
read as follows:
Sec. 531.421. DEFINITIONS. In this subchapter:
(1) "Children with severe emotional disturbances"
includes:
(A) children who are at risk of incarceration or
placement in a residential mental health facility;
(B) children for whom a court may appoint the
Department of Family and Protective Services as managing
conservator;
(C) children who are students in a special
education program under Subchapter A, Chapter 29, Education Code;
and
(D) children who have a substance abuse disorder
or a developmental disability.
(2) "Community resource coordination group" means a
coordination group established under a memorandum of understanding
adopted under Section 531.055.
(3) ["Consortium" means the Texas System of Care
Consortium established under Subchapter G-1.
[(4)] "Systems of care services" means a comprehensive
state system of mental health services and other necessary and
related services that is organized as a coordinated network to meet
the multiple and changing needs of children with severe emotional
disturbances and their families.
SECTION 3. Section 531.422(c), Government Code, is amended
to read as follows:
(c) Each community resource coordination group shall submit
the report described by Subsection (b) to the commission
[consortium]. The commission [consortium] shall provide a deadline
to each group for submitting the reports. The time frame for
completing the reports must be coordinated with any regional
reviews by the commission of the delivery of related services.
SECTION 4. Section 531.423, Government Code, is amended to
read as follows:
Sec. 531.423. SUMMARY REPORT BY COMMISSION [CONSORTIUM].
(a) The commission [consortium] shall create a summary report
based on the evaluations in the reports submitted to the commission
[consortium] by community resource coordination groups under
Section 531.422. The commission's [consortium's] report must
include recommendations for policy and statutory changes at each
agency that is involved in the provision of systems of care services
and the outcome expected from implementing each recommendation.
(b) The commission [consortium] shall coordinate, where
appropriate, the recommendations in the report created under this
section with recommendations in the assessment developed under S.B.
No. 491, Acts of the 78th Legislature, Regular Session, 2003, and
with the continuum of care developed under S.B. No. 490, Acts of the
78th Legislature, Regular Session, 2003.
(c) The commission [consortium] may include in the report
created under this section recommendations for the statewide
expansion of sites participating in the Texas System of Care
Framework and the integration of services provided at those sites
with services provided by community resource coordination groups.
(d) The commission [consortium] shall provide a copy of the
report created under this section to each agency for which the
report makes a recommendation and to other agencies as appropriate.
SECTION 5. Section 2056.002(d), Government Code, is amended
to read as follows:
(d) A state agency shall send two copies of each plan to both
the Legislative Reference Library and the state publications
clearinghouse of the Texas State Library and one copy each to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the Legislative Budget Board;
(5) [the Sunset Advisory Commission;
[(6)] the state auditor; and
(6) [(7)] the Department of Information Resources.
SECTION 6. Section 2102.009, Government Code, is amended to
read as follows:
Sec. 2102.009. ANNUAL REPORT. The internal auditor shall
prepare an annual report and submit the report before November 1 of
each year to the governor, the Legislative Budget Board, [the
Sunset Advisory Commission,] the state auditor, the state agency's
governing board, and the administrator. The state auditor shall
prescribe the form and content of the report, subject to the
approval of the legislative audit committee.
SECTION 7. Section 2102.0091(a), Government Code, is
amended to read as follows:
(a) A state agency shall file with the division of the
governor's office responsible for budget and policy [Sunset
Advisory Commission, the Governor's Office of Budget, Planning, and
Policy], the state auditor, and the Legislative Budget Board a copy
of each report submitted to the state agency's governing board or
the administrator of the state agency if the state agency does not
have a governing board by the agency's internal auditor.
SECTION 8. Section 2306.908, Government Code, is amended to
read as follows:
Sec. 2306.908. REPORT. The council shall submit annually a
progress report to the governing bodies of the agencies represented
on the council, other than the governing body of the Department of
Aging and Disability Services or its successor agency.
SECTION 9. The heading to Subchapter E, Chapter 386, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER E. EVALUATION OF UTILITY COMMISSION [AND COMPTROLLER]
ENERGY EFFICIENCY PROGRAMS
SECTION 10. Section 386.205, Health and Safety Code, is
amended to read as follows:
Sec. 386.205. EVALUATION OF UTILITY COMMISSION [AND
COMPTROLLER] ENERGY EFFICIENCY PROGRAMS. In cooperation with the
laboratory, the utility commission shall provide an annual report
to the commission that, by county, quantifies the reductions of
energy demand, peak loads, and associated emissions of air
contaminants achieved [from programs implemented by the state
energy conservation office and] from programs implemented under
Section 39.905, Utilities Code.
SECTION 11. Section 114.008(a), Human Resources Code, is
amended to read as follows:
(a) 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,] the governor, the lieutenant governor, and the
speaker of the house of representatives.
SECTION 12. Section 13.063(b), Utilities Code, is amended
to read as follows:
(b) The office shall prepare annually a report on the
office's activities during the preceding year and submit the report
to the standing legislative committees that have jurisdiction over
the office, the house appropriations committee, and the senate
finance committee[, and the Sunset Advisory Commission]. At a
minimum, the report must include:
(1) a list of the types of activities conducted by the
office and the time spent by the office on each activity;
(2) the number of hours billed by the office for
representing residential or small commercial consumers in
proceedings;
(3) the number of staff positions and the type of work
performed by each position; and
(4) the office's rate of success in representing
residential or small commercial consumers in appealing commission
decisions.
SECTION 13. Section 13, Chapter 1282 (H.B. 2), Acts of the
84th Legislature, Regular Session, 2015, is amended to read as
follows:
Sec. 13. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID
HEALTH INSURANCE PROVIDERS FEE AND ASSOCIATED FEDERAL INCOME TAX.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2015, $79,685,024 is appropriated out of
the general revenue fund, and $113,570,204 is appropriated out of
federal funds, to the Health and Human Services Commission for Goal
B, Medicaid, as listed in Chapter 1411 (S.B. 1), Acts of the 83rd
Legislature, Regular Session, 2013 (the General Appropriations
Act), for the state fiscal year ending August 31, 2015, for the
purpose of adjusting Medicaid capitation payments made to managed
care organizations providing health care services through managed
care plans under the Medicaid program to account for the health
insurance providers fee imposed under Section 9010 of the federal
Patient Protection and Affordable Care Act (Pub. L. No. 111-148),
as amended by the Health Care and Education Reconciliation Act of
2010 (Pub. L. No. 111-152), and the associated effects of that fee
on federal income taxes. [Before the Health and Human Services
Commission makes any capitation payments to managed care
organizations that are adjusted using money appropriated under this
section, the executive commissioner of the commission shall submit
a report to the Legislative Budget Board that specifies:
[(1) the methodology and bases used to determine the
amount of the capitation payment adjustments;
[(2) the amounts by which capitation payments are
adjusted using money appropriated under this section; and
[(3) whether any managed care organization that is a
recipient of a capitation payment adjustment paid using money
appropriated under this section was also a recipient of one or more
other Medicaid capitation payment adjustments paid during the state
fiscal biennium ending August 31, 2013, or August 31, 2015, and the
aggregate cost to this state of the other Medicaid capitation
payment adjustments paid during those bienniums.]
SECTION 14. The following provisions are repealed:
(1) Section 61.506(g), Education Code;
(2) Sections 402.032(g) and 2206.101(d), Government
Code;
(3) Section 361.0215(d), Health and Safety Code;
(4) Section 22.0252(b), Human Resources Code; and
(5) Section 26.3574(x), Water Code.
SECTION 15. This Act takes effect September 1, 2017.
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