H.B. No. 2091
AN ACT
relating to the redesignation and authority of the Harris County
Board of Protective Services for Children and Adults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to 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.
SECTION 2. Section 152.1073(a)(1), Human Resources Code, is
amended to read as follows:
(1) "Board" means the Harris County Board of Resources
[Protective Services] for Children and Adults.
SECTION 3. Section 152.1073, Human Resources Code, is
amended by amending Subsections (g) and (h) and adding Subsection
(h-1) to read as follows:
(g) In addition to the authority granted to the board by the
commissioners court, the Health and Human Services Commission, and
the [Texas] Department of Family and Protective [Human] Services,
the board may:
(1) disburse funds from sources other than the
commissioners court, the commission, and the department [Texas
Department of Human Services] to benefit children, eligible adults
with disabilities, and eligible elderly persons under this section
and to provide care, protection, evaluation, training, treatment,
education, and recreation to those persons [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 persons
described by Subdivision (1) [children under this section] and hold
the gift or grant directly or in trust;
(4) use a gift or grant to benefit persons described by
Subdivision (1) [children under this section] and to provide care,
protection, education, or training to those persons [children];
(5) accept and disburse as provided by Subdivision (1)
fees and contributions from parents, guardians, and relatives of
persons described by that subdivision [children] who are:
(A) in county supported substitute care or
custody, in the county guardianship program, in the county
representative payee program, or receiving services from the county
Senior Justice Assessment Center; 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 person described by Subdivision (1) who is [child] in
the board's or the county's legal custody;
(7) receive and disburse funds available to support or
benefit a person described by Subdivision (1) who is [child] 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, eligible adults with
disabilities, and eligible elderly persons 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.
(h-1) The board may collaborate with state agencies to
provide services for eligible adults with disabilities and eligible
elderly persons who:
(1) are residents of the county;
(2) have been exploited, abused, or neglected; or
(3) may be in need of a guardianship or assistance from
a representative payee.
SECTION 4. On the effective date of this Act, the Harris
County Board of Protective Services for Children and Adults is
redesignated as the Harris County Board of Resources for Children
and Adults.
SECTION 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2091 was passed by the House on April
30, 2021, by the following vote: Yeas 138, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2091 was passed by the Senate on May
24, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor