By: Frank H.B. No. 4160
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the Health and Human Services function
of regulating facilities and family homes under Chapter 42, Human
Resources Code, to the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Section 531.0084, Government Code is
deleted and (b) Sections 531.02011 and 531.02013, Government Code,
are amended to read as follows:
Sec. 531.0084. INVESTIGATION UNIT FOR ILLEGALLY OPERATING
CHILD-CARE FACILITIES. The executive commissioner shall maintain a
unit within the child-care licensing division of the commission
consisting of investigators whose primary responsibility is to:
(1) identify child-care facilities that are operating
without a license, certification, registration, or listing
required by Chapter 42, Human Resources Code; and
(2) initiate appropriate enforcement actions against
those facilities.
Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION.
(a) On the dates specified in the transition plan required under
Section 531.0204, the following functions are transferred to the
commission as provided by this subchapter:
(1) all functions of each state agency and entity
subject to abolition under Section 531.0202(b) that remained with
the agency or entity after the initial transfer of functions under
Section 531.0201 or a transfer of administrative support services
functions under Section 531.02012;
(2) regulatory functions and functions related to
state-operated institutions of the Department of State Health
Services; and
(3) regulatory functions of the Department of Family
and Protective Services.
(b) Notwithstanding Subdivision (a)(3) of this section, the
function of regulating facilities and family homes under Chapter
42, Human Resources Code, will be performed by the Department of
Family and Protective Services effective September 1, 2021 as
provided in Section 531.02013(b). As soon as possible after the
effective date of this Act, the Commission shall transfer any and
all Commission funds, staff, and resources necessary for the
Department of Family and Protective Services to assume the function
of regulating facilities and family homes under Chapter 42, Human
Resources Code.
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
(a) The following functions are not subject to transfer under
Sections 531.0201 and 531.02011:
(1) the functions of the Department of Family and
Protective Services, including the statewide intake of reports and
other information, related to the following:
(A) child protective services, including
services that are required by federal law to be provided by this
state's child welfare agency;
(B) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(i) in a facility operated, or in a facility
or by a person licensed, certified, or registered, by a state
agency; or
(ii) by a provider that has contracted to
provide home and community-based services;
(C) prevention and early intervention services;
and
(D) investigations of alleged abuse, neglect, or
exploitation occurring at a child-care facility, as that term is
defined in Section 40.042, Human Resources Code; and
(2) the public health functions of the Department of
State Health Services, including health care data collection and
maintenance of the Texas Health Care Information Collection
program.
(b) Effective September 1, 2021, the function of regulating
facilities and family homes under Chapter 42, Human Resources Code,
will be transferred to the Department of Family and Protective
Services.
Sec. 531.951. APPLICABILITY. (a) This subchapter applies
only to the final licensing, listing, or registration decisions of
a health and human services agency with respect to a person under
the law authorizing the agency to regulate the following types of
persons:
(1) a youth camp licensed under Chapter 141, Health
and Safety Code;
(2) a home and community support services agency
licensed under Chapter 142, Health and Safety Code;
(3) a hospital licensed under Chapter 241, Health and
Safety Code;
(4) an institution licensed under Chapter 242, Health
and Safety Code;
(5) an assisted living facility licensed under Chapter
247, Health and Safety Code;
(6) a special care facility licensed under Chapter
248, Health and Safety Code;
(7) an intermediate care facility licensed under
Chapter 252, Health and Safety Code;
(8) a chemical dependency treatment facility licensed
under Chapter 464, Health and Safety Code;
(9) a mental hospital or mental health facility
licensed under Chapter 577, Health and Safety Code;
(10) a child-care facility or child-placing agency
licensed under or a family home listed or registered under Chapter
42, Human Resources Code; or
(1011) a day activity and health services facility
licensed under Chapter 103, Human Resources Code.
(b) This subchapter does not apply to an agency decision
that did not result in a final order or that was reversed on appeal.
SECTION 2. Sections 40.0025, 40.042, and 40.0505, Human
Resources Code, are amended to read as follows:
Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section,
"function" includes a power, duty, program, or activity and an
administrative support services function associated with the
power, duty, program, or activity, unless consolidated under
Section 531.02012, Government Code.
(b) In accordance with Subchapter A-1, Chapter 531,
Government Code, and notwithstanding any other law, the department
performs only functions, including the statewide intake of reports
and other information, related to the following services:
(1) child protective services, including services
that are required by federal law to be provided by this state's
child welfare agency;
(2) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(A) in a facility operated, or in a facility or by
a person licensed, certified, or registered, by a state agency; or
(B) by a provider that has contracted to provide
home and community-based services; and
(3) prevention and early intervention services
functions, including:
(A) prevention and early intervention services
as defined under Section 265.001, Family Code; and
(B) programs that:
(i) provide parent education;
(ii) promote healthier parent-child
relationships; or
(iii) prevent family violence; and
(4) services related to regulation of facilities and
family homes under Chapter 42, Human Resources Code.
Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND
EXPLOITATION. (a) In this section, "child-care facility" includes
a facility, licensed or unlicensed child-care facility, family
home, residential child-care facility, employer-based day-care
facility, or shelter day-care facility regulated by the department,
as those terms are defined in Chapter 42.
(b) For all investigations of child abuse, neglect, or
exploitation conducted by the child protective investigations
services division of the department, the department shall adopt the
definitions of abuse, neglect, and exploitation provided in Section
261.001, Family Code.
(c) The department shall establish standardized policies to
be used during investigations.
(d) The commissioner shall establish units within the child
protective investigationsservices division of the department to
specialize in investigating allegations of child abuse, neglect, or
exploitation occurring at a child-care facility.
(e) The department may require that investigators who
specialize in allegations of child abuse, neglect, and exploitation
occurring at child-care facilities receive ongoing training on the
minimum licensing standards for any facilities that are applicable
to the investigator's specialization.
(f) Upon initiation ofAfter an investigation by the child
protective investigations division of the department of abuse,
neglect, or exploitation occurring at a child-care facility, the
child protective investigations divisiondepartment shall
collaborate and share case information with the division of the
department responsibleprovide the state agency responsible for
regulating the facility in order for the regulatory division to
conduct related inspections and non-abuse, neglect, or
exploitation investigationswith access to any information
relating to the department's investigation. Providing access to
confidential information under this subsection does not constitute
a waiver of confidentiality.
(g) The executive commissioner or the commissioner of the
department, as appropriate, may adopt rules to implement this
section.
Sec. 40.0505. DIVISIONS OF DEPARTMENT. (a) The
commissioner shall establish the following divisions and offices
within the department:
(1) an investigations division;
(2) a consolidated data division;
(3) a legal division that oversees the following:
(A) legal matters relating to human resources, as
necessary to manage the department's workforce and establish the
department's hiring and termination policies;
(B) open records;
(C) privacy and confidentiality;
(D) litigation; and
(E) contract compliance;
(4) an operations division that oversees department
operations and human resources functions of the department; and
(5) a financial management and accounting services
division;
(6) a regulatory division to perform the function of
overseeing and regulating facilities and family homes under Chapter
42.
(b) The commissioner may establish additional divisions
within the department as the commissioner determines appropriate.
(c) The commissioner may assign department functions among
the department's divisions.
SECTION 3. Sections 42.00311, Human Resources Code, is
added and 42.0211, Human Resources Code, is amended to read as
follows:
Sec. 42.00311. REFERENCES IN LAW MEANING DEPARTMENT OR
DEPARTMENT COMMISSIONER. In this chapter, a reference to the
department or the commission means the Department of Family and
Protective Services. A reference to the commissioner or executive
commissioner means the commissioner of the Department of Family and
Protective Services.
Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND
PERFORMANCE MANAGEMENT, AND UNIT FOR ILLEGALLY OPERATING
CHILD-CARE FACILITIES. (a) The division shall employ at least one
specially trained investigation safety specialist, whose duties
include the duty to:
(1) review and evaluate the intake of reports that
include allegations associated with a higher risk of harm to the
child; and
(2) consult with the assigned investigator to provide
specialized guidance and resources to assist the investigation.
(b) The division shall employ at least one risk analyst,
whose duties include the duty to:
(1) identify facilities, including child-placing
agencies, whose compliance histories indicate the potential for a
higher risk of harm to children in the care of the facility;
(2) review the monitoring and inspection reports for
any facilities described by Subdivision (1) to assess the quality
of the investigation or monitoring; and
(3) identify any additional monitoring or enforcement
action that may be appropriate to ensure the safety of a child in
the care of the facility.
(c) The division must include a performance management unit
with duties that include:
(1) conducting quality assurance reviews of randomly
selected monitoring and investigative reports to ensure compliance
with all relevant laws, rules, and agency policies; and
(2) making recommendations to improve the quality and
consistency of monitoring and investigations.
(d) The division must include a unit consisting of
investigators whose primary responsibility is to:
(1) identify child-care facilities that are operating
without a license, certification, registration, or listing
required by this Chapter; and
(2) initiate appropriate enforcement actions against
those facilities.
SECTION 4. This Act takes effect September 1, 2021.