By: Walle H.B. No. 2091
A BILL TO BE ENTITLED
AN ACT
relating to the Harris County Board of Resources for Children and
Adults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.1073, Human Resources Code, is
amended to read as follows:
Sec. 152.1073. HARRIS COUNTY BOARD OF RESOURCES [PROTECTIVE
SERVICES] FOR CHILDREN AND ADULTS. (a) In this section:
(1) "Board" means the Harris County Board of Resources
[Protective Services] for Children and Adults.
(2) "Director" means the highest administrative
officer who is responsible to the board.
(3) "Institution" means an institution for the care
and protection of children who have been abandoned or abused, or are
for any other reason in need of protective services. The term does
not include a detention facility for delinquent children or
children in need of supervision or a facility primarily for
children with severe psychological or other medical conditions.
(b) The board has the powers and duties of a child welfare
board created under Section 264.005, Family Code.
(c) The board may, with the approval of the commissioners
court, assume jurisdiction, management, and control over a county
owned institution. If the board assumes control and management of
an institution, the board shall perform the functions in relation
to the institutions that the juvenile board and chief probation
officer of Harris County formerly performed.
(d) The board may designate the director or a specially
designated assistant as the director of one or more institutions.
(e) The board may hire and remove institution employees. The
board shall establish a general personnel policy for institution
employees and shall pay the salaries and expenses of the employees
from funds supplied by the commissioners court under the annual
budget or supplemental budget approved by the commissioners court
or from funds supplied by the state or other sources.
(f) The board shall prepare an annual budget for the
institutions and submit the budget to the commissioners court for
final approval as prescribed by law for other county agencies and
departments. The board shall also make an annual report to the
commissioners court on the operations and efficiency of the
institutions.
(g) In addition to the authority granted to the board by the
commissioners court and the Texas Department of Human Services, the
board may:
(1) disburse funds from sources other than the
commissioners court and the Texas Department of Human Services to
benefit children, eligible disabled adults, and eligible elderly
adults under this section and to provide care, protection,
evaluation, training, treatment, education, and recreation to
those children;
(2) refuse to accept any funds the board considers to
be inappropriate, incompatible, or burdensome to board policies or
the provision of services;
(3) accept a gift or grant of real or personal property
or accept support under or an interest in a trust to benefit
children and eligible disabled or elderly adults under this section
and hold the gift or grant directly or in trust;
(4) use a gift or grant to benefit children or eligible
disabled or elderly adults under this section and to provide care,
protection, education, or training to those children and eligible
disabled or elderly adults;
(5) accept and disburse as provided by Subdivision (1)
fees and contributions from parents, guardians, and relatives of
children and eligible disabled or elderly adults who are:
(A) in county supported substitute care or
custody, in the county Guardianship Program, or receiving services
from the county Senior Justice Assessment Center, or in the county
representative payee program; or
(B) being assisted by casework, day care, or
homemaker services, by medical, psychological, dental, or other
remedial help, or by teaching, training, or other services;
(6) account for and spend funds the board receives as
fees, contributions, payments made by guardians, or payments made
to benefit a child or eligible disabled or elderly adults in the
board's or the county's legal custody;
(7) receive and disburse funds available to support or
benefit a child or eligible elderly adult in the board's or the
county's legal custody, including social security benefits, life
insurance proceeds, survivors' pension or annuity benefits, or a
beneficial interest in property; and
(8) receive and use funds, grants, and assistance
available to the board or the county from a federal or state
department or agency to carry out the functions and programs of the
department or agency that is designed to aid or extend programs and
operations approved by the board.
(h) The board shall designate the director or an assistant
to apply for letters of guardianship if necessary to receive funds
under Subsection (g)(7). The director or an assistant may:
(1) apply for and disburse the funds to provide
special items of support for children or eligible disabled or
elderly adults under this section or to pay general administrative
expenses relating to services under this section;
(2) hold the funds in trust; or
(3) apply the funds for a particular or more
restricted purpose as required by law or the source of the funds.
(i) The board may also work with state agencies and
commissioners court to provide services for eligible disabled
adults, and eligible elderly residents of the county, who have been
exploited, abused, or neglected, or who may be in need of a
guardianship, or assistance from a representative payee.
(j) [(i)] The board may delegate to the director or an
assistant any function or duty authorized or prescribed by this
section. If the board delegates the duty to prepare the annual
budget and report, the board must approve the budget and report
before they are submitted to the commissioners court. The board may
periodically review any delegation.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.