Texas 2019 - 86th Regular

Texas Senate Bill SB241 Compare Versions

OldNewDifferences
1-S.B. No. 241
1+86R25079 JCG-D
2+ By: Nelson S.B. No. 241
3+ (Longoria)
4+ Substitute the following for S.B. No. 241: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
59 relating to certain required reports received or prepared by state
610 agencies and other governmental entities.
711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
812 ARTICLE 1. REPORTS REQUIRED OF STATE AGENCIES
913 SECTION 1.01. Section 21.0452(b), Education Code, is
1014 amended to read as follows:
1115 (b) The board shall make available at least the following
1216 information regarding each educator preparation program:
1317 (1) the information specified in Sections 21.045(a)
1418 and (b);
1519 (2) in addition to any other appropriate information
1620 indicating the quality of persons admitted to the program, the
1721 average academic qualifications possessed by persons admitted to
1822 the program, including:
1923 (A) average overall grade point average and
2024 average grade point average in specific subject areas; and
2125 (B) average scores on the Scholastic Assessment
2226 Test (SAT), the American College Test (ACT), or the Graduate Record
2327 Examination (GRE), as applicable;
2428 (3) the degree to which persons who complete the
2529 program are successful in obtaining teaching positions;
2630 (4) the extent to which the program prepares teachers,
2731 including general education teachers and special education
2832 teachers, to effectively teach:
2933 (A) students with disabilities; and
3034 (B) students of limited English proficiency, as
3135 defined by Section 29.052;
3236 (5) the activities offered by the program that are
3337 designed to prepare teachers to:
3438 (A) integrate technology effectively into
3539 curricula and instruction, including activities consistent with
3640 the principles of universal design for learning; and
3741 (B) use technology effectively to collect,
3842 manage, and analyze data to improve teaching and learning for the
3943 purpose of increasing student academic achievement;
4044 (6) for each semester, the average ratio of field
4145 supervisors to candidates completing student teaching, clinical
4246 teaching, or an internship in an educator preparation program;
4347 (7) [the percentage of teachers employed under a
4448 standard teaching certificate within one year of completing the
4549 program;
4650 [(8)] the perseverance of beginning teachers in the
4751 profession, as determined on the basis of the number of beginning
4852 teachers who maintain status as active contributing members in the
4953 Teacher Retirement System of Texas for at least three years after
5054 certification in comparison to similar programs;
5155 (8) [(9)] the results of exit surveys given to program
5256 participants on completion of the program that involve evaluation
5357 of the program's effectiveness in preparing participants to succeed
5458 in the classroom;
5559 (9) [(10)] the results of surveys given to school
5660 principals that involve evaluation of the program's effectiveness
5761 in preparing participants to succeed in the classroom, based on
5862 experience with employed program participants; and
5963 (10) [(11)] the results of teacher satisfaction
6064 surveys developed under Section 21.045 and given to program
6165 participants at the end of the first year of teaching.
6266 SECTION 1.02. Section 51.402(b), Education Code, is amended
6367 to read as follows:
6468 (b) The governing board of each institution of higher
6569 education in the state shall adopt rules and regulations concerning
6670 faculty academic workloads. In adopting rules under this
6771 subsection, each institution shall recognize that classroom
6872 teaching, basic and applied research, and professional development
6973 are important elements of faculty academic workloads by giving
7074 appropriate weight to each activity when determining the standards
7175 for faculty academic workload. An institution may give the same or
7276 different weight to each activity and to other activities
7377 recognized by the institution as important elements of faculty
7478 academic workloads. The established rules and regulations of each
7579 institution shall be [reported to the coordinating board and]
7680 included in the operating budgets of each institution.
7781 SECTION 1.03. Section 51.680(c), Education Code, is amended
7882 to read as follows:
7983 (c) It is a policy of the state that each institution of
8084 higher education shall at all times [after August 31, 1988,] have a
8185 current copy of its intellectual property policies that meet the
8286 minimum standards set out in Subsection (a) [on file with the Texas
8387 Higher Education Coordinating Board or] posted on the institution's
8488 website on the Internet in a manner available to the public. The
8589 commissioner of higher education shall establish procedures for the
8690 monitoring of this policy of the state.
8791 SECTION 1.04. Section 51.751(b), Education Code, is amended
8892 to read as follows:
8993 (b) The center shall examine the efficiency of the public
9094 school system and the effectiveness of instructional methods and
9195 curricular programs and promote the use of successful methods and
9296 programs. The center shall monitor and evaluate the implementation
9397 of the accountability system under Chapters 39 and 39A [and provide
9498 annual progress reports to the governor, Legislative Budget Board,
9599 and commissioner of education].
96- SECTION 1.05. Section 52.335, Education Code, is amended by
97- adding Subsection (b-1) to read as follows:
98- (b-1) A participating higher educational institution is not
99- required to provide in any disclosure or report required under this
100- section information regarding loans issued by a private entity.
101- SECTION 1.06. Section 531.028(b), Government Code, is
100+ SECTION 1.05. Section 531.028(b), Government Code, is
102101 amended to read as follows:
103102 (b) The executive commissioner shall establish a federal
104103 money management system to coordinate and monitor the use of
105104 federal money that is received by health and human services
106105 agencies to ensure that the money is spent in the most efficient
107106 manner and shall:
108107 (1) establish priorities for use of federal money by
109108 all health and human services agencies, in coordination with the
110109 coordinated strategic plan established under Section 531.022 [and
111110 the budget prepared under Section 531.026];
112111 (2) coordinate and monitor the use of federal money
113112 for health and human services to ensure that the money is spent in
114113 the most cost-effective manner throughout the health and human
115114 services system;
116115 (3) review and approve all federal funding plans for
117116 health and human services in this state;
118117 (4) estimate available federal money, including
119118 earned federal money, and monitor unspent money;
120119 (5) ensure that the state meets federal requirements
121120 relating to receipt of federal money for health and human services,
122121 including requirements relating to state matching money and
123122 maintenance of effort;
124123 (6) transfer appropriated amounts as described by
125124 Section 531.0271; and
126125 (7) ensure that each governmental entity identified
127126 under Section 531.022(e) has access to complete and timely
128127 information about all sources of federal money for health and human
129128 services programs and that technical assistance is available to
130129 governmental entities seeking grants of federal money to provide
131130 health and human services.
132- SECTION 1.07. Sections 531.421(3) and (4), Government Code,
131+ SECTION 1.06. Sections 531.421(3) and (4), Government Code,
133132 are amended to read as follows:
134133 (3) ["Consortium" means the Texas System of Care
135134 Consortium established under Subchapter G-1.
136135 [(4)] "Systems of care services" means a comprehensive
137136 state system of mental health services and other necessary and
138137 related services that is organized as a coordinated network to meet
139138 the multiple and changing needs of children with severe emotional
140139 disturbances and their families.
141- SECTION 1.08. Section 531.422(c), Government Code, is
140+ SECTION 1.07. Section 531.422(c), Government Code, is
142141 amended to read as follows:
143142 (c) Each community resource coordination group shall submit
144143 the report described by Subsection (b) to the commission
145144 [consortium]. The commission [consortium] shall provide [a
146145 deadline] to each group a deadline for submitting the reports that
147146 is[. The time frame for completing the reports must be] coordinated
148147 with any regional reviews by the commission of the delivery of
149148 related services.
150- SECTION 1.09. Section 531.423, Government Code, is amended
149+ SECTION 1.08. Section 531.423, Government Code, is amended
151150 to read as follows:
152151 Sec. 531.423. SUMMARY REPORT BY COMMISSION [CONSORTIUM].
153152 (a) The commission [consortium] shall create a summary report
154153 based on the evaluations in the reports submitted to the commission
155154 [consortium] by community resource coordination groups under
156155 Section 531.422. The commission's [consortium's] report must
157156 include recommendations for policy and statutory changes at each
158157 agency that is involved in the provision of systems of care services
159158 and the outcome expected from implementing each recommendation.
160159 (b) The commission [consortium] shall coordinate, where
161160 appropriate, the recommendations in the report created under this
162161 section with recommendations in the assessment developed under
163162 Chapter 23 (S.B. [No.] 491), Acts of the 78th Legislature, Regular
164163 Session, 2003, and with the continuum of care developed under
165164 Section 533.040(d), Health and Safety Code [S.B. No. 490, Acts of
166165 the 78th Legislature, Regular Session, 2003].
167166 (c) The commission [consortium] may include in the report
168167 created under this section recommendations for the statewide
169168 expansion of sites participating in the Texas System of Care and the
170169 integration of services provided at those sites with services
171170 provided by community resource coordination groups.
172171 (d) The commission [consortium] shall provide a copy of the
173172 report created under this section to each agency for which the
174173 report makes a recommendation and to other agencies as appropriate.
175- SECTION 1.10. Section 2003.108, Government Code, is amended
174+ SECTION 1.09. Section 2003.108, Government Code, is amended
176175 to read as follows:
177176 Sec. 2003.108. PENDING CASE STATUS REVIEW [REPORTS].
178177 [(a) The office shall provide the comptroller a monthly status
179178 report that lists pending cases and provides information on any
180179 case that exceeds the comptroller's time lines for issuing a
181180 proposal for decision or an agreed order.
182181 [(b)] At least quarterly, the office shall review with the
183182 comptroller and appropriate staff of the office the status of
184183 pending cases under this subchapter.
185184 [(c) The office shall provide a quarterly report to the
186185 comptroller on services performed by the office for the comptroller
187186 under this subchapter.]
188- SECTION 1.11. Section 2054.075(b), Government Code, is
187+ SECTION 1.10. Section 2054.075(b), Government Code, is
189188 amended to read as follows:
190189 (b) Each state agency [shall provide that its] information
191190 resources manager is part of the agency's executive management and
192191 reports directly [to a person with a title functionally equivalent]
193192 to the executive head [director] or deputy executive head of the
194193 agency [director]. Each state agency shall report to the
195194 department the extent and results of its compliance with this
196195 subsection and include with the report an organizational chart
197196 showing the structure of the personnel in the agency's executive
198197 management. The[, and the] department shall report the extent and
199198 results of state agencies' compliance with this subsection to the
200199 legislature.
201- SECTION 1.12. Section 2054.100(a), Government Code, is
200+ SECTION 1.11. Section 2054.100(a), Government Code, is
202201 amended to read as follows:
203202 (a) Each state agency shall submit an operating plan to the
204203 Legislative Budget Board, [the department,] the quality assurance
205204 team, and the governor each state fiscal biennium in accordance
206205 with the directions of the Legislative Budget Board.
207- SECTION 1.13. Section 2054.103, Government Code, is amended
206+ SECTION 1.12. Section 2054.103, Government Code, is amended
208207 to read as follows:
209208 Sec. 2054.103. SUBMISSION OF OPERATING PLANS. Each state
210209 agency shall send a copy of its biennial operating plan and of any
211210 amendments to the plan, as approved by the Legislative Budget
212211 Board, to the governor[, the department,] and the state auditor not
213212 later than the 30th day after the date the Legislative Budget Board
214213 approves the plan or amendment, as applicable.
215- SECTION 1.14. Sections 2054.133(c) and (f), Government
214+ SECTION 1.13. Sections 2054.133(c) and (f), Government
216215 Code, are amended to read as follows:
217216 (c) Not later than June 1 [October 15] of each even-numbered
218217 year, each state agency shall submit a copy of the agency's
219218 information security plan to the department. Subject to available
220219 resources, the department may select a portion of the submitted
221220 security plans to be assessed by the department in accordance with
222221 department rules.
223222 (f) Not later than November 15 [January 13] of each
224223 even-numbered [odd-numbered] year, the department shall submit a
225224 written report to the governor, the lieutenant governor, and each
226225 standing committee of the legislature with primary jurisdiction
227226 over matters related to the department evaluating information
228227 security for this state's information resources. In preparing the
229228 report, the department shall consider the information security
230229 plans submitted by state agencies under this section, any
231230 vulnerability reports submitted under Section 2054.077, and other
232231 available information regarding the security of this state's
233232 information resources. The department shall omit from any written
234233 copies of the report information that could expose specific
235234 vulnerabilities in the security of this state's information
236235 resources.
237- SECTION 1.15. Section 2054.304(b), Government Code, is
236+ SECTION 1.14. Section 2054.304(b), Government Code, is
238237 amended to read as follows:
239238 (b) Except as provided by Subsection (c), the state agency
240239 must file the project plan with the quality assurance team [and the
241240 department] before the agency:
242241 (1) spends more than 10 percent of allocated funds for
243242 the project or major contract; or
244243 (2) first issues a vendor solicitation for the project
245244 or contract.
246- SECTION 1.16. Section 2054.515(b), Government Code, is
245+ SECTION 1.15. Section 2054.515(b), Government Code, is
247246 amended to read as follows:
248247 (b) Not later than December 1 of the year in which a state
249248 agency conducts the assessment under Subsection (a), the agency
250249 shall report the results of the assessment to:
251250 (1) the department; and
252251 (2) on request, the governor, the lieutenant governor,
253252 and the speaker of the house of representatives.
254- SECTION 1.17. Section 2056.002(d), Government Code, is
253+ SECTION 1.16. Section 2056.002(d), Government Code, is
255254 amended to read as follows:
256255 (d) A state agency shall send two copies of each plan to both
257256 the Legislative Reference Library and the state publications
258257 clearinghouse of the Texas State Library and one copy each to:
259258 (1) the governor;
260259 (2) the lieutenant governor;
261260 (3) the speaker of the house of representatives;
262261 (4) the Legislative Budget Board; and
263262 (5) [the Sunset Advisory Commission;
264263 [(6)] the state auditor[; and
265264 [(7) the Department of Information Resources].
266- SECTION 1.18. Section 2102.009, Government Code, is amended
265+ SECTION 1.17. Section 2102.009, Government Code, is amended
267266 to read as follows:
268267 Sec. 2102.009. ANNUAL REPORT. The internal auditor shall
269268 prepare an annual report and submit the report before November 1 of
270269 each year to the governor, the Legislative Budget Board, [the
271270 Sunset Advisory Commission,] the state auditor, the state agency's
272271 governing board, and the administrator. The state auditor shall
273272 prescribe the form and content of the report, subject to the
274273 approval of the legislative audit committee.
275- SECTION 1.19. Sections 2102.0091(a), (c), and (d),
274+ SECTION 1.18. Sections 2102.0091(a), (c), and (d),
276275 Government Code, are amended to read as follows:
277276 (a) A state agency shall file with the division of the
278277 governor's office responsible for budget and policy [Sunset
279278 Advisory Commission, the Governor's Office of Budget, Planning, and
280279 Policy], the state auditor, and the Legislative Budget Board a copy
281280 of each report submitted to the state agency's governing board or
282281 the administrator of the state agency if the state agency does not
283282 have a governing board by the agency's internal auditor.
284283 (c) In addition to the requirements of Subsection (a), a
285284 state agency shall file with the division of the governor's office
286285 responsible for budget and policy [Governor's Office of Budget,
287286 Planning, and Policy], the state auditor, and the Legislative
288287 Budget Board any action plan or other response issued by the state
289288 agency's governing board or the administrator of the state agency
290289 if the state agency does not have a governing board in response to
291290 the report of the state agency's internal auditor.
292291 (d) If the state agency does not file the report as required
293292 by this section, the Legislative Budget Board or the division of the
294293 governor's office responsible for budget and policy [Governor's
295294 Office of Budget, Planning, and Policy] may take appropriate action
296295 to compel the filing of the report.
297- SECTION 1.20. Section 2166.003(b), Government Code, is
296+ SECTION 1.19. Section 2166.003(b), Government Code, is
298297 amended to read as follows:
299298 (b) Only Sections [2166.104,] 2166.151, 2166.152, 2166.153,
300299 2166.154, 2166.155, 2166.251, and 2166.252[,] and Subchapter H
301300 apply to a construction project undertaken by or for the Texas
302301 Department of Criminal Justice for the imprisonment of individuals
303302 convicted of felonies other than state jail felonies.
304- SECTION 1.21. Section 2166.102(c), Government Code, is
303+ SECTION 1.20. Section 2166.102(c), Government Code, is
305304 amended to read as follows:
306305 (c) The master facilities plan must contain:
307306 (1) projections of the amount of administrative office
308307 space and client service space needed by state agencies, including
309308 the current amount of each state agency's administrative office
310309 space in Travis County and identification of locations that
311310 currently exceed the space limitations prescribed by Section
312311 2165.104(c);
313312 (2) an examination of the commission's efforts to
314313 colocate administrative office space;
315314 (3) an examination of the use, age, condition, and
316315 economic life of state-owned buildings on the commission's
317316 inventory, including a listing of all improvements and repairs that
318317 have been made to the buildings with an itemized account of receipts
319318 and expenditures and an estimate of needed improvements and
320319 repairs;
321320 (4) [(3)] an analysis, in accordance with Subchapter
322321 D, of projects that have been requested by state agencies,
323322 including:
324323 (A) a brief and specific justification prepared
325324 by the using agency for each project;
326325 (B) a summary of the project analysis or, if the
327326 analysis was not made, a statement briefly describing the method
328327 used to estimate costs for the project;
329328 (C) a project cost estimate detailed enough to
330329 allow the budget agencies, the governor, and the legislature the
331330 widest possible latitude in developing policy regarding each
332331 project request;
333332 (D) an estimate, prepared by the commission with
334333 the cooperation of both the using agency and any private design
335334 professional retained, of the annual cost of maintaining the
336335 completed project, including the estimated cost of utility
337336 services;
338337 (E) an estimate, prepared by the using agency, of
339338 the annual cost of staffing and operating the completed project,
340339 excluding maintenance cost;
341340 (F) if appropriate and with the using agency's
342341 approval, an indication of:
343342 (i) the feasibility of stage construction
344343 of a requested project; and
345344 (ii) the degree to which money will be
346345 required in the next biennium if the project is undertaken in
347346 stages; and
348347 (G) the designated priority of each project to
349348 which a priority rating has been assigned under Section
350349 2166.151(c);
351350 (5) [(4)] an examination of the extent to which the
352351 state satisfies its need for space by leasing building space;
353352 (6) [(5)] an examination of state-paid operation and
354353 maintenance costs[, including costs for telecommunications
355354 services,] for existing buildings owned or leased by the state;
356355 (7) [(6)] a discussion of the economic and market
357356 conditions affecting the costs of the construction or lease of
358357 buildings;
359358 (8) [(7)] an analysis of whether the state will
360359 benefit more from satisfying its needs for space by:
361360 (A) engaging in new projects;
362361 (B) leasing built space; or
363362 (C) satisfying its needs in another manner;
364363 (9) the commission's findings and recommendations
365364 under Section 2166.103;
366365 (10) a summary of the commission's findings under
367366 Section 2166.101 on the status of state-owned buildings and current
368367 information on construction costs;
369368 (11) the comprehensive capital improvement and
370369 deferred maintenance plan and regular updates developed under
371370 Section 2166.108, including the aggregate project costs for each
372371 state agency;
373372 (12) [(8)] an examination of the amount of exempt and
374373 nonexempt office space under Section 2165.104(c); and
375374 (13) [(9)] other information relevant to the
376375 long-range plan that is:
377376 (A) considered appropriate by the commission; or
378377 (B) requested in writing by the governor or the
379378 presiding officer of either house of the legislature.
380- SECTION 1.22. Sections 2166.103(b) and (c), Government
379+ SECTION 1.21. Sections 2166.103(b) and (c), Government
381380 Code, are amended to read as follows:
382381 (b) The commission shall identify counties in which more
383382 than 50,000 square feet of usable office space is needed and make
384383 recommendations for meeting that need. The commission may
385384 recommend leasing or purchasing and renovating one or more existing
386385 buildings or constructing one or more buildings. [The commission
387386 shall include the commission's findings and recommendations in the
388387 commission's master facilities plan required under Section
389388 2166.102.]
390389 (c) The commission may collect appropriate information it
391390 considers necessary for preparing its recommendations [and
392391 report].
393- SECTION 1.23. Section 2166.151, Government Code, is amended
392+ SECTION 1.22. Section 2166.151, Government Code, is amended
394393 by adding Subsection (c) to read as follows:
395394 (c) If a using agency requests three or more projects, it
396395 shall designate its priority rating for each project. The budget
397396 agencies shall, with the commission's cooperation, develop
398397 detailed instructions to implement the priority system required by
399398 this subsection.
400- SECTION 1.24. Section 2176.005(a), Government Code, is
399+ SECTION 1.23. Section 2176.005(a), Government Code, is
401400 amended to read as follows:
402401 (a) A state agency in Travis County shall periodically send
403402 to the governor [and the legislative budget office] a report of its
404403 progress in achieving the objectives for and the revisions of mail
405404 operations established under Section 2176.004, including an
406405 analysis of savings projected from the resulting improvements in
407406 managing mail.
408- SECTION 1.25. Sections 2205.039(a) and (b), Government
407+ SECTION 1.24. Sections 2205.039(a) and (b), Government
409408 Code, are amended to read as follows:
410409 (a) The [Legislative Budget Board, in cooperation with the]
411410 department[,] shall prescribe:
412411 (1) a travel log form for gathering information about
413412 the use of state-operated aircraft;
414413 (2) procedures to ensure that individuals who travel
415414 as passengers on or operate state-operated aircraft provide in a
416415 legible manner the information requested of them by the form; and
417416 (3) procedures for each state agency that operates an
418417 aircraft for sending the form to the department [and the
419418 Legislative Budget Board].
420419 (b) The travel log form must request the following
421420 information about a state-operated aircraft each time the aircraft
422421 is flown:
423422 (1) a mission statement, which may appear as a
424423 selection to be identified from general categories appearing on the
425424 form;
426425 (2) the name, state agency represented, destination,
427426 and signature of each person who is a passenger or crew member of
428427 the aircraft;
429428 (3) the date of each flight;
430429 (4) a detailed and specific description of the
431430 official business purpose of each flight; and
432431 (5) other information determined by the [Legislative
433432 Budget Board and the] department to be necessary to monitor the
434433 proper use of the aircraft.
435- SECTION 1.26. Section 242.005(c), Health and Safety Code,
434+ SECTION 1.25. Section 242.005(c), Health and Safety Code,
436435 is amended to read as follows:
437436 (c) The department shall submit the required report to the
438437 governor and the legislature not later than March [October] 1 of
439438 each year.
440- SECTION 1.27. The heading to Subchapter E, Chapter 386,
439+ SECTION 1.26. The heading to Subchapter E, Chapter 386,
441440 Health and Safety Code, is amended to read as follows:
442441 SUBCHAPTER E. EVALUATION OF UTILITY COMMISSION [AND COMPTROLLER]
443442 ENERGY EFFICIENCY PROGRAMS
444- SECTION 1.28. Section 386.205, Health and Safety Code, is
443+ SECTION 1.27. Section 386.205, Health and Safety Code, is
445444 amended to read as follows:
446445 Sec. 386.205. EVALUATION OF UTILITY COMMISSION [AND
447446 COMPTROLLER] ENERGY EFFICIENCY PROGRAMS. In cooperation with the
448447 laboratory, the utility commission shall provide an annual report
449448 to the commission that, by county, quantifies the reductions of
450449 energy demand, peak loads, and associated emissions of air
451450 contaminants achieved [from programs implemented by the state
452451 energy conservation office and] from programs implemented under
453452 Section 39.905, Utilities Code.
454- SECTION 1.29. Section 388.005(c), Health and Safety Code,
455- is amended to read as follows:
456- (c) Each political subdivision, institution of higher
457- education, or state agency shall establish a goal to reduce the
458- electric consumption by the entity by at least five percent each
459- state fiscal year for seven [10] years, beginning September 1, 2019
460- [2011].
461- SECTION 1.30. Section 388.006, Health and Safety Code, is
453+ SECTION 1.28. Section 388.006, Health and Safety Code, is
462454 amended to read as follows:
463455 Sec. 388.006. STATE ENERGY CONSERVATION OFFICE EVALUATION.
464456 The State Energy Conservation Office annually shall provide the
465457 [commission and the] laboratory with an evaluation of the
466458 effectiveness of state and political subdivision energy efficiency
467459 programs, including programs under this chapter. The laboratory
468460 shall calculate, based on the evaluation and the forms submitted to
469461 the office, the amount of energy savings and estimated reduction in
470462 pollution achieved as a result of the implementation of programs.
471463 The laboratory shall share the information with the commission, the
472464 United States Environmental Protection Agency, and the Electric
473465 Reliability Council of Texas to help with long-term forecasting and
474466 in estimating pollution reduction.
475- SECTION 1.31. Section 533A.006(a), Health and Safety Code,
467+ SECTION 1.29. Section 533A.006(a), Health and Safety Code,
476468 is amended to read as follows:
477469 (a) The executive commissioner [department] shall report to
478470 the Texas Medical Board any allegation received by the commission
479471 [department] that a physician employed by or under contract with
480472 the commission [department] in relation to services provided under
481473 this title has committed an action that constitutes a ground for the
482474 denial or revocation of the physician's license under Section
483475 164.051, Occupations Code. The report must be made in the manner
484476 provided by Section 154.051, Occupations Code.
485- SECTION 1.32. Section 533A.062(e), Health and Safety Code,
477+ SECTION 1.30. Section 533A.062(e), Health and Safety Code,
486478 is amended to read as follows:
487479 (e) The commission shall submit the proposed plan to the
488480 Legislative Budget Board and the governor not later than October 15
489481 of each even-numbered year [as part of the consolidated health and
490482 human services budget recommendation required under Section
491483 531.026, Government Code].
492- SECTION 1.33. Sections 555.102(c) and (d), Health and
484+ SECTION 1.31. Sections 555.102(c) and (d), Health and
493485 Safety Code, are amended to read as follows:
494486 (c) The inspector general shall deliver the summary report
495487 to the:
496488 (1) executive commissioner;
497489 (2) [commissioner of the department;
498490 [(3) commissioner of the Department of Family and
499491 Protective Services;
500492 [(4) Aging and Disability Services Council;
501493 [(5)] governor;
502494 (3) [(6)] lieutenant governor;
503495 (4) [(7)] speaker of the house of representatives;
504496 (5) [(8)] standing committees of the senate and house
505497 of representatives with primary jurisdiction over centers;
506498 (6) [(9)] state auditor;
507499 (7) [(10) the] independent ombudsman and the
508500 assistant ombudsman for the center involved in the report; and
509501 (8) [(11) the] alleged victim or the alleged victim's
510502 legally authorized representative.
511503 (d) A summary report regarding an investigation is subject
512504 to required disclosure under Chapter 552, Government Code. All
513505 information and materials compiled by the inspector general in
514506 connection with an investigation are confidential, and not subject
515507 to disclosure under Chapter 552, Government Code, and not subject
516508 to disclosure, discovery, subpoena, or other means of legal
517509 compulsion for their release to anyone other than the inspector
518510 general or the inspector general's employees or agents involved in
519511 the investigation, except that this information may be disclosed to
520512 [the Department of Family and Protective Services,] the office of
521513 the attorney general, the state auditor's office, and law
522514 enforcement agencies.
523- SECTION 1.34. Section 555.103(c), Health and Safety Code,
515+ SECTION 1.32. Section 555.103(c), Health and Safety Code,
524516 is amended to read as follows:
525517 (c) The inspector general shall submit the annual status
526518 report to the:
527519 (1) executive commissioner;
528520 (2) [commissioner of the department;
529521 [(3) commissioner of the Department of Family and
530522 Protective Services;
531523 [(4) Aging and Disability Services Council;
532524 [(5) Family and Protective Services Council;
533525 [(6)] governor;
534526 (3) [(7)] lieutenant governor;
535527 (4) [(8)] speaker of the house of representatives;
536528 (5) [(9)] standing committees of the senate and house
537529 of representatives with primary jurisdiction over centers;
538530 (6) [(10)] state auditor; and
539531 (7) [(11)] comptroller.
540- SECTION 1.35. Section 574.014(a), Health and Safety Code,
532+ SECTION 1.33. Section 574.014(a), Health and Safety Code,
541533 is amended to read as follows:
542534 (a) The clerk of each court with jurisdiction to order
543535 commitment under this chapter shall provide the Office of Court
544536 Administration each month with a report of the number of
545537 applications for commitment orders for involuntary mental health
546538 services filed with the court and the disposition of those cases,
547539 including the number of commitment orders for inpatient and
548540 outpatient mental health services. The Office of Court
549541 Administration shall make the reported information available to the
550542 Health and Human Services Commission [department] annually.
551- SECTION 1.36. Section 40.05275, Human Resources Code, is
543+ SECTION 1.34. Section 40.05275, Human Resources Code, is
552544 amended to read as follows:
553545 Sec. 40.05275. [ANNUAL] BUSINESS PLAN FOR CHILD PROTECTIVE
554546 SERVICES. (a) The department shall develop and implement a [an
555547 annual] business plan for the child protective services program to
556548 prioritize the department's activities and resources to improve the
557549 program.
558550 (b) The department shall coordinate with the department's
559551 regional staff in developing the [annual] business plan under this
560552 section.
561553 (c) The [annual] business plan developed under this section
562554 must include:
563555 (1) long-term and short-term performance goals;
564556 (2) identification of priority projects and ongoing
565557 initiatives that are clearly linked to established goals; and
566558 (3) a statement of staff expectations that includes
567559 identification of:
568560 (A) the person or team responsible for each
569561 project;
570562 (B) the specific tasks and deliverables
571563 expected;
572564 (C) the resources needed to accomplish each
573565 project;
574566 (D) a time frame for the completion of each
575567 deliverable and project; and
576568 (E) the expected outcome for each project and the
577569 method and procedure for measuring the outcome to ensure effective
578570 evaluation for each project.
579571 (d) Not later than October 1 of each even-numbered year, the
580572 department shall submit the [annual] business plan developed under
581573 this section to the governor, lieutenant governor, speaker of the
582574 house of representatives, and chairs of the standing committees of
583575 the senate and house of representatives having primary jurisdiction
584576 over child protection issues.
585- SECTION 1.37. The heading to Section 40.0528, Human
577+ SECTION 1.35. The heading to Section 40.0528, Human
586578 Resources Code, is amended to read as follows:
587579 Sec. 40.0528. GOALS FOR [ANNUAL] BUSINESS PLAN FOR CHILD
588580 PROTECTIVE SERVICES; REPORTING CASELOAD INFORMATION.
589- SECTION 1.38. Section 40.0528(a), Human Resources Code, is
581+ SECTION 1.36. Section 40.0528(a), Human Resources Code, is
590582 amended to read as follows:
591583 (a) The department shall consider the following goals in
592584 developing the [annual] business plan required under Section
593585 40.05275 for the child protective services program:
594586 (1) reducing caseloads;
595587 (2) enhancing accountability;
596588 (3) improving the quality of investigations;
597589 (4) eliminating delays; and
598590 (5) ensuring the most efficient and effective use of
599591 child protective services staff and resources.
600- SECTION 1.39. Section 114.008(a), Human Resources Code, is
592+ SECTION 1.37. Section 114.008(a), Human Resources Code, is
601593 amended to read as follows:
602594 (a) Not later than November 1 of each even-numbered year,
603595 the council shall:
604596 (1) prepare a report summarizing requirements the
605597 council identifies and recommendations for providing additional or
606598 improved services to persons with autism or other pervasive
607599 developmental disorders; and
608600 (2) deliver the report to [the executive
609601 commissioner,] the governor, the lieutenant governor, and the
610602 speaker of the house of representatives.
611- SECTION 1.40. Section 412.053(b), Labor Code, is amended to
603+ SECTION 1.38. Section 412.053(b), Labor Code, is amended to
612604 read as follows:
613605 (b) The information shall be reported not later than the
614606 60th day after [before] the last day of each fiscal year.
615- SECTION 1.41. Section 413.0515, Labor Code, is amended to
607+ SECTION 1.39. Section 413.0515, Labor Code, is amended to
616608 read as follows:
617609 Sec. 413.0515. REPORTS OF PHYSICIAN AND CHIROPRACTOR
618610 VIOLATIONS. (a) If the division or the Texas Medical [State]
619611 Board [of Medical Examiners] discovers an act or omission by a
620612 physician that may constitute a felony, a misdemeanor involving
621613 moral turpitude, a violation of state or federal narcotics or
622614 controlled substance law, an offense involving fraud or abuse under
623615 the Medicare or Medicaid program, or a violation of this subtitle,
624616 the discovering agency shall report in a widely used electronic
625617 format that act or omission to the other agency.
626618 (b) If the division or the Texas Board of Chiropractic
627619 Examiners discovers an act or omission by a chiropractor that may
628620 constitute a felony, a misdemeanor involving moral turpitude, a
629621 violation of state or federal narcotics or controlled substance
630622 law, an offense involving fraud or abuse under the Medicare or
631623 Medicaid program, or a violation of this subtitle, the discovering
632624 agency shall report in a widely used electronic format that act or
633625 omission to the other agency.
634- SECTION 1.42. Section 161.2111, Natural Resources Code, is
626+ SECTION 1.40. Section 161.2111, Natural Resources Code, is
635627 amended to read as follows:
636628 Sec. 161.2111. REPORT TO BOND REVIEW BOARD. When the
637629 Veterans' Land Board applies under Subchapter C, Chapter 1231,
638630 Government Code, for the Bond Review Board's approval of a bond
639631 issuance, or on request of the Bond Review Board, with [With]
640632 respect to purchases made under this chapter, the Veterans' Land
641633 Board shall file [annually] with the Bond Review Board a report on
642634 the performance of loans made by the Veterans' Land Board in
643635 connection with the purchases. The Bond Review Board shall review
644636 the reports filed by the Veterans' Land Board under this section to
645637 assess the performance of loans made under this chapter. The filing
646638 dates and the contents of the reports must comply with any rules
647639 adopted by the Bond Review Board.
648- SECTION 1.43. Section 162.003(e), Natural Resources Code,
640+ SECTION 1.41. Section 162.003(e), Natural Resources Code,
649641 is amended to read as follows:
650642 (e) When the Veterans' Land Board applies under Subchapter
651643 C, Chapter 1231, Government Code, for the Bond Review Board's
652644 approval of a bond issuance, or on request of the Bond Review Board,
653645 with [With] respect to loans made under the program, the Veterans'
654646 Land Board shall file [annually] with the Bond Review Board a report
655647 on the performance of the loans. The Bond Review Board shall review
656648 the reports filed by the Veterans' Land Board under this subsection
657649 to assess the performance of loans made under the program. The
658650 filing dates and the contents of the reports must comply with any
659651 rules adopted by the Bond Review Board.
660- SECTION 1.44. Section 13.063, Utilities Code, is amended to
652+ SECTION 1.42. Section 13.063, Utilities Code, is amended to
661653 read as follows:
662654 Sec. 13.063. ANNUAL REPORT [REPORTS]. [(b)] The office
663655 shall prepare annually a report on the office's activities during
664656 the preceding year and submit the report to the standing
665657 legislative committees that have jurisdiction over the office, the
666658 house appropriations committee, and the senate finance committee[,
667659 and the Sunset Advisory Commission]. At a minimum, the report must
668660 include:
669661 (1) a list of the types of activities conducted by the
670662 office and the time spent by the office on each activity;
671663 (2) the number of hours billed by the office for
672664 representing residential or small commercial consumers in
673665 proceedings;
674666 (3) the number of staff positions and the type of work
675667 performed by each position; and
676668 (4) the office's rate of success in representing
677669 residential or small commercial consumers in appealing commission
678670 decisions.
679- SECTION 1.45. Section 17.1245, Water Code, is amended to
671+ SECTION 1.43. Section 17.1245, Water Code, is amended to
680672 read as follows:
681673 Sec. 17.1245. EVALUATION. [(a)] In passing on an
682674 application for financial assistance from a retail public utility
683675 that provides potable water service to 3,300 or more connections,
684676 the board shall:
685677 (1) evaluate for compliance with the board's best
686678 management practices the utility's water conservation plan
687679 required under Section 13.146; and
688680 (2) issue a report to a utility detailing the results
689681 of the evaluation conducted under Subdivision (1).
690682 [(b) Not later than January 1 of each odd-numbered year, the
691683 board shall submit to the legislature a written summary of the
692684 results of evaluations conducted under Subsection (a)(1).]
693- SECTION 1.46. Sections 27.0516(k) and (m), Water Code, are
685+ SECTION 1.44. Sections 27.0516(k) and (m), Water Code, are
694686 amended to read as follows:
695687 (k) Notwithstanding Subsection (h)(3), a general permit may
696688 authorize the owner of an injection well authorized under
697689 Subsection (f)(2) or (3) to continue operating the well for the
698690 purpose of implementing the desalination or engineered aquifer
699691 storage and recovery project following completion of the
700692 small-scale research project, provided that:
701693 (1) the injection well owner timely submits the
702694 information collected as part of the research project, including
703695 monitoring reports and information regarding the environmental
704696 impact of the well, to the commission;
705697 (2) the injection well owner, following the completion
706698 of studies and monitoring adequate to characterize risks to the
707699 fresh water portion of the Edwards Aquifer and other fresh water
708700 associated with the continued operation of the well, and at least 90
709701 days before the date the owner initiates commercial well
710702 operations, files with the commission a notice of intent to
711703 continue operation of the well after completion of the research
712704 project; and
713705 (3) the commission, based on the studies and
714706 monitoring[, the report provided by Texas State University--San
715707 Marcos under Subsection (l)(2),] and any other reasonably available
716708 information, determines that continued operation of the injection
717709 well as described in the notice of intent does not pose an
718710 unreasonable risk to the fresh water portion of the Edwards Aquifer
719711 or other fresh water associated with the continued operation of the
720712 well.
721713 (m) The commission shall make the information provided by
722714 the owner of the injection well under Subsection (k)(1) [and the
723715 report provided by Texas State University--San Marcos under
724716 Subsection (l)(2)] easily accessible to the public in a timely
725717 manner. The permit may authorize the owner of the well to continue
726718 operating the well following completion of the research project
727719 pending the determination by the commission.
728720 ARTICLE 2. CONFORMING AMENDMENTS REGARDING COLONIAS PROJECTS
729721 ADMINISTERED BY STATE AGENCIES
730722 SECTION 2.01. The heading to Section 51.0052, Education
731723 Code, is amended to read as follows:
732724 Sec. 51.0052. APPLICATION REQUIREMENT FOR COLONIAS
733725 PROJECTS [REPORT TO SECRETARY OF STATE].
734726 SECTION 2.02. Section 51.0052(d), Education Code, is
735727 amended to read as follows:
736728 (d) Regarding any projects funded by an institution of
737729 higher education that provide assistance to colonias, the [The]
738730 institution of higher education shall require an applicant for the
739731 funds [administered by the institution] to submit to the
740732 institution a colonia classification number, if one exists, for
741733 each colonia that may be served by the project proposed in the
742734 application. If a colonia does not have a classification number,
743735 the institution of higher education may contact the secretary of
744736 state or the secretary of state's representative to obtain the
745737 classification number. On request of the institution, the
746738 secretary of state or the secretary of state's representative shall
747739 assign a classification number to the colonia.
748740 SECTION 2.03. The heading to Section 487.060, Government
749741 Code, is amended to read as follows:
750742 Sec. 487.060. APPLICATION REQUIREMENT FOR COLONIAS
751743 PROJECTS [REPORT TO SECRETARY OF STATE].
752744 SECTION 2.04. Section 487.060(d), Government Code, is
753745 amended to read as follows:
754746 (d) Regarding any projects funded by the department that
755747 serve colonias by providing water or wastewater services, paved
756748 roads, or other assistance, the [The] department shall require an
757749 applicant for the funds [administered by the department] to submit
758750 to the department a colonia classification number, if one exists,
759751 for each colonia that may be served by the project proposed in the
760752 application. If a colonia does not have a classification number,
761753 the department may contact the secretary of state or the secretary
762754 of state's representative to obtain a number. On request of the
763755 department, the secretary of state or the secretary of state's
764756 representative shall assign a classification number.
765757 SECTION 2.05. The heading to Section 531.0141, Government
766758 Code, is amended to read as follows:
767759 Sec. 531.0141. APPLICATION REQUIREMENT FOR COLONIAS
768760 PROJECTS [REPORT TO SECRETARY OF STATE].
769761 SECTION 2.06. Section 531.0141(d), Government Code, is
770762 amended to read as follows:
771763 (d) Regarding any projects funded by the commission that
772764 provide assistance to colonias, the [The] commission shall require
773765 an applicant for the funds [administered by the commission] to
774766 submit to the commission a colonia classification number, if one
775767 exists, for each colonia that may be served by the project proposed
776768 in the application. If a colonia does not have a classification
777769 number, the commission may contact the secretary of state or the
778770 secretary of state's representative to obtain the classification
779771 number. On request of the commission, the secretary of state or the
780772 secretary of state's representative shall assign a classification
781773 number to the colonia.
782774 SECTION 2.07. The heading to Section 2306.083, Government
783775 Code, is amended to read as follows:
784776 Sec. 2306.083. APPLICATION REQUIREMENT FOR COLONIAS
785777 PROJECTS [REPORT TO SECRETARY OF STATE].
786778 SECTION 2.08. Section 2306.083(d), Government Code, is
787779 amended to read as follows:
788780 (d) Regarding any projects funded by the department that
789781 provide assistance to colonias, the [The] department shall require
790782 an applicant for the funds [administered by the department] to
791783 submit to the department a colonia classification number, if one
792784 exists, for each colonia that may be served by the project proposed
793785 in the application. If a colonia does not have a classification
794786 number, the department may contact the secretary of state or the
795787 secretary of state's representative to obtain the classification
796788 number. On request of the department, the secretary of state or the
797789 secretary of state's representative shall assign a classification
798790 number to the colonia.
799791 SECTION 2.09. The heading to Section 1001.033, Health and
800792 Safety Code, is amended to read as follows:
801793 Sec. 1001.033. APPLICATION REQUIREMENT FOR COLONIAS
802794 PROJECTS [REPORT TO SECRETARY OF STATE].
803795 SECTION 2.10. Section 1001.033(d), Health and Safety Code,
804796 is amended to read as follows:
805797 (d) Regarding any projects funded by the commission that
806798 provide assistance to colonias, the [The] commission shall require
807799 an applicant for the funds [administered by the commission] to
808800 submit to the commission a colonia classification number, if one
809801 exists, for each colonia that may be served by the project proposed
810802 in the application. If a colonia does not have a classification
811803 number, the commission may contact the secretary of state or the
812804 secretary of state's representative to obtain the classification
813805 number. On request of the commission, the secretary of state or the
814806 secretary of state's representative shall assign a classification
815807 number to the colonia.
816808 SECTION 2.11. The heading to Section 201.116,
817809 Transportation Code, is amended to read as follows:
818810 Sec. 201.116. APPLICATION REQUIREMENT FOR COLONIAS
819811 PROJECTS [REPORT TO SECRETARY OF STATE].
820812 SECTION 2.12. Section 201.116(d), Transportation Code, is
821813 amended to read as follows:
822814 (d) Regarding any projects funded by the commission that
823815 serve colonias by providing paved roads or other assistance, the
824816 [The] commission shall require an applicant for the funds
825817 [administered by the commission] to submit to the commission a
826818 colonia classification number, if one exists, for each colonia that
827819 may be served by the project proposed in the application. If a
828820 colonia does not have a classification number, the commission may
829821 contact the secretary of state or the secretary of state's
830822 representative to obtain the classification number. On request of
831823 the commission, the secretary of state or the secretary of state's
832824 representative shall assign a classification number to the colonia.
833825 SECTION 2.13. The heading to Section 5.1781, Water Code, is
834826 amended to read as follows:
835827 Sec. 5.1781. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS
836828 [REPORT TO SECRETARY OF STATE].
837829 SECTION 2.14. Section 5.1781(d), Water Code, is amended to
838830 read as follows:
839831 (d) Regarding any projects funded by the commission that
840832 provide assistance to colonias, the [The] commission shall require
841833 an applicant for the funds [administered by the commission] to
842834 submit to the commission a colonia classification number, if one
843835 exists, for each colonia that may be served by the project proposed
844836 in the application. If a colonia does not have a classification
845837 number, the commission may contact the secretary of state or the
846838 secretary of state's representative to obtain the classification
847839 number. On request of the commission, the secretary of state or the
848840 secretary of state's representative shall assign a classification
849841 number to the colonia.
850842 SECTION 2.15. The heading to Section 6.1565, Water Code, is
851843 amended to read as follows:
852844 Sec. 6.1565. APPLICATION REQUIREMENT FOR COLONIAS PROJECTS
853845 [REPORT TO SECRETARY OF STATE].
854846 SECTION 2.16. Section 6.1565(d), Water Code, is amended to
855847 read as follows:
856848 (d) Regarding any projects funded by the board that serve
857849 colonias by providing water or wastewater services or other
858850 assistance, the [The] board shall require an applicant for the
859851 funds [administered by the board] to submit to the board a colonia
860852 classification number, if one exists, for each colonia that may be
861853 served by the project proposed in the application. If a colonia
862854 does not have a classification number, the board may contact the
863855 secretary of state or the secretary of state's representative to
864856 obtain the classification number. On request of the board, the
865857 secretary of state or the secretary of state's representative shall
866858 assign a classification number to the colonia.
867859 ARTICLE 3. REPEALER AND EFFECTIVE DATE
868860 SECTION 3.01. The following provisions are repealed:
869861 (1) Sections 51.0052(b) and (c) and 61.506(g),
870862 Education Code;
871863 (2) Sections 487.060(b) and (c), 531.0141(b) and (c),
872864 531.026, 2165.055, 2165.1061(f) and (h), 2166.101(d), 2166.104,
873865 2166.108(d), 2206.101(d), 2306.070, and 2306.083(b) and (c),
874866 Government Code;
875867 (3) Sections 361.0215(d), 533.006, and 1001.033(b)
876868 and (c), Health and Safety Code;
877869 (4) Sections 22.0252(b), 22.028(c), and 101A.158,
878870 Human Resources Code;
879871 (5) Sections 201.116(b) and (c), Transportation Code;
880872 and
881873 (6) Sections 5.1781(b) and (c), 6.1565(b) and (c),
882874 16.022, 26.3574(x), and 27.0516(l), Water Code.
883875 SECTION 3.02. This Act takes effect September 1, 2019.
884- ______________________________ ______________________________
885- President of the Senate Speaker of the House
886- I hereby certify that S.B. No. 241 passed the Senate on
887- April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
888- the Senate concurred in House amendments on May 25, 2019, by the
889- following vote: Yeas 30, Nays 0.
890- ______________________________
891- Secretary of the Senate
892- I hereby certify that S.B. No. 241 passed the House, with
893- amendments, on May 22, 2019, by the following vote: Yeas 144,
894- Nays 0, one present not voting.
895- ______________________________
896- Chief Clerk of the House
897- Approved:
898- ______________________________
899- Date
900- ______________________________
901- Governor