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Texas House Bill HB3950

Texas 2019 - 86th Regular

Texas House Bill HB3950 Compare Versions

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1+86R25538 SCL-F
12 By: Frank, Minjarez, Klick H.B. No. 3950
2- (Senate Sponsor - Kolkhorst)
3- (In the Senate - Received from the House May 7, 2019;
4- May 15, 2019, read first time and referred to Committee on Health &
5- Human Services; May 20, 2019, reported adversely, with favorable
6- Committee Substitute by the following vote: Yeas 9, Nays 0;
7- May 20, 2019, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 3950 By: Campbell
103
114
125 A BILL TO BE ENTITLED
136 AN ACT
14- relating to the establishment of the Joint Committee on Child
15- Welfare.
7+ relating to the establishment of the child welfare task force and
8+ provision of services in the child welfare system.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1710 SECTION 1. (a) In this section:
1811 (1) "Commission" means the Health and Human Services
1912 Commission.
20- (2) "Committee" means the Joint Committee on Child
21- Welfare.
22- (3) "Community-based care" has the meaning assigned by
13+ (2) "Community-based care" has the meaning assigned by
2314 Section 264.152, Family Code.
24- (4) "Department" means the Department of Family and
15+ (3) "Department" means the Department of Family and
2516 Protective Services.
26- (b) The Joint Committee on Child Welfare is composed of nine
27- voting members as follows:
17+ (4) "Task force" means the child welfare task force.
18+ (b) The child welfare task force is established to develop a
19+ statewide plan for the continued implementation of community-based
20+ care and the implementation of family preservation and other
21+ related prevention services for the state's child welfare system.
22+ (c) The task force is composed of nine voting members as
23+ follows:
2824 (1) three members appointed by the governor;
2925 (2) three members of the senate, appointed by the
3026 lieutenant governor; and
3127 (3) three members of the house of representatives,
3228 appointed by the speaker of the house of representatives.
33- (c) The lieutenant governor and speaker of the house of
34- representatives shall each appoint a member described by Subsection
35- (b)(2) or (3) of this section, respectively, to serve as joint
36- chairs of the committee.
37- (d) The committee shall meet at least quarterly at the call
38- of the joint chairs and may consider public testimony.
39- (e) The committee may employ persons necessary to carry out
40- this section through funds made available by the legislature.
41- (f) The committee shall monitor and report to the
42- legislature on the following related to the implementation of
43- community-based care and the federal Family First Prevention
44- Services Act (Title VII, Div. E, Pub. L. No. 115-123):
45- (1) all sources of funding for the continued
29+ (d) The chair and the vice chair of the task force shall be
30+ elected by members of the task force.
31+ (e) A task force member is not entitled to compensation for
32+ service on the task force but is entitled to reimbursement for
33+ actual and necessary expenses incurred in performing task force
34+ duties. The task force may accept gifts, grants, and donations to
35+ pay for those expenses.
36+ (f) The task force shall meet at least quarterly at the call
37+ of the chair and may consider public testimony.
38+ (g) Notwithstanding Chapter 551, Government Code, or any
39+ other law, the task force may meet by telephone conference call,
40+ videoconference, or other similar telecommunication method. A
41+ meeting held by telephone conference call, videoconference, or
42+ other similar telecommunication method is subject to the
43+ requirements of Sections 551.125(c), (d), (e), and (f), Government
44+ Code.
45+ (h) The task force shall develop a statewide plan for the
46+ continued implementation of community-based care and the
47+ implementation of family preservation and other related prevention
48+ services for the state's child welfare system.
49+ (i) The statewide plan must:
50+ (1) identify sources of funding, including the
51+ development of a robust financial methodology, for the continued
4652 implementation of community-based care and family preservation and
4753 other related prevention services;
48- (2) a timeline for the complete implementation of
49- community-based care and additional resources the department will
50- require to meet that timeline, including enhanced training related
51- to procurement, contract monitoring and enforcement services,
52- information technology services, and financial and legal services;
53- (3) barriers to using federal and state money and
54- necessary purchased services to achieve greater numbers of children
55- and youth who remain safely with their families by reviewing and
56- effectively maximizing:
54+ (2) include a timeline for the complete implementation
55+ of the statewide plan developed by the task force and identify
56+ additional resources the department will require to meet that
57+ timeline, including enhanced training related to procurement,
58+ contract monitoring and enforcement services, information
59+ technology services, and financial and legal services;
60+ (3) identify barriers to using federal and state money
61+ and necessary purchased services to achieve greater numbers of
62+ children and youth who remain safely with their families by
63+ reviewing and effectively maximizing:
5764 (A) the prevention and early intervention
5865 services currently available in this state; and
5966 (B) any services relating to families entering
6067 the child protective services system;
61- (4) the placement of children in settings eligible for
62- federal financial participation under the requirements of the
63- federal Family First Prevention Services Act;
64- (5) any other beneficial programs or services
68+ (4) identify all sources of flexible funding under
69+ federal and state law that may be used to support the continued
70+ implementation of community-based care and family preservation and
71+ other related prevention services, including the following
72+ implementation issues:
73+ (A) the placement of children in settings
74+ eligible for federal financial participation under the
75+ requirements of the federal Family First Prevention Services Act
76+ (Title VII, Div. E, Pub. L. No. 115-123);
77+ (B) any costs related to the use of federal money
78+ transferred under the federal Family First Prevention Services Act;
79+ and
80+ (C) any other beneficial programs or services
6581 available under the federal Family First Prevention Services Act;
6682 and
67- (6) legislative or regulatory barriers to full
68- implementation of community-based care.
69- (g) The committee may request relevant information from the
83+ (5) identify legislative or regulatory barriers to
84+ full implementation of community-based care.
85+ (j) The task force may request relevant information from the
7086 commission, the department, or other relevant state agencies, and
7187 the commission, the department, or other agencies shall comply with
7288 the request, unless the provision of the information is prohibited
7389 by state or federal law.
74- (h) The committee shall submit a written report described by
75- Subsection (f) of this section to the governor, the lieutenant
76- governor, the speaker of the house of representatives, and each
77- member of the standing committees of the senate and house of
78- representatives having primary jurisdiction over child welfare
90+ (k) The task force, using available resources, may:
91+ (1) contract with a third-party consultant using the
92+ procedures under Subchapter B, Chapter 2254, Government Code, to
93+ assist the task force in carrying out its duties; and
94+ (2) employ a full-time staff.
95+ (l) The task force is administratively attached to the
96+ commission for the purpose of contracting under Subsection (k)(1)
97+ of this section.
98+ (m) Task force members and personnel may be appointed or
99+ employed from different catchment areas, as defined by Section
100+ 264.152, Family Code, in this state.
101+ (n) The task force shall submit a written report on the
102+ statewide plan developed by the task force to the governor, the
103+ lieutenant governor, the speaker of the house of representatives,
104+ and each member of the standing committees of the senate and house
105+ of representatives having primary jurisdiction over child welfare
79106 issues not later than September 1, 2020.
80- (i) The committee shall monitor the continued
107+ (o) The task force shall monitor the continued
81108 implementation of community-based care and family preservation and
82109 other related prevention services, and the implementation plan
83110 developed by the department under Section 264.153, Family Code.
84- (j) The committee shall submit a final evaluation of the
111+ (p) The task force shall submit a final evaluation of the
85112 implementation of community-based care to the governor, the
86113 lieutenant governor, the speaker of the house of representatives,
87114 and each member of the standing committees of the senate and house
88115 of representatives having primary jurisdiction over child welfare
89116 issues not later than December 30, 2024.
90- (k) The committee is abolished and this Act expires December
91- 31, 2024.
117+ (q) Nothing in this section shall be construed to supersede
118+ or limit the department's duty to develop and maintain the plan
119+ under Section 264.153, Family Code.
120+ (r) The task force is abolished and this Act expires
121+ December 31, 2024.
92122 SECTION 2. This Act takes effect immediately if it receives
93123 a vote of two-thirds of all the members elected to each house, as
94124 provided by Section 39, Article III, Texas Constitution. If this
95125 Act does not receive the vote necessary for immediate effect, this
96126 Act takes effect September 1, 2019.
97- * * * * *