Texas 2021 - 87th Regular

Texas House Bill HB4160 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Frank H.B. No. 4160
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the transfer of the Health and Human Services function
7	7	of regulating facilities and family homes under Chapter 42, Human
8	8	Resources Code, to the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) Section 531.0084, Government Code is
12	12	deleted and (b) Sections 531.02011 and 531.02013, Government Code,
13	13	are amended to read as follows:
14	14	Sec. 531.0084. INVESTIGATION UNIT FOR ILLEGALLY OPERATING
15	15	CHILD-CARE FACILITIES. The executive commissioner shall maintain a
16	16	unit within the child-care licensing division of the commission
17	17	consisting of investigators whose primary responsibility is to:
18	18	(1) identify child-care facilities that are operating
19	19	without a license, certification, registration, or listing
20	20	required by Chapter 42, Human Resources Code; and
21	21	(2) initiate appropriate enforcement actions against
22	22	those facilities.
23	23	Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION.
24	24	(a) On the dates specified in the transition plan required under
25	25	Section 531.0204, the following functions are transferred to the
26	26	commission as provided by this subchapter:
27	27	(1) all functions of each state agency and entity
28	28	subject to abolition under Section 531.0202(b) that remained with
29	29	the agency or entity after the initial transfer of functions under
30	30	Section 531.0201 or a transfer of administrative support services
31	31	functions under Section 531.02012;
32	32	(2) regulatory functions and functions related to
33	33	state-operated institutions of the Department of State Health
34	34	Services; and
35	35	(3) regulatory functions of the Department of Family
36	36	and Protective Services.
37	37	(b) Notwithstanding Subdivision (a)(3) of this section, the
38	38	function of regulating facilities and family homes under Chapter
39	39	42, Human Resources Code, will be performed by the Department of
40	40	Family and Protective Services effective September 1, 2021 as
41	41	provided in Section 531.02013(b). As soon as possible after the
42	42	effective date of this Act, the Commission shall transfer any and
43	43	all Commission funds, staff, and resources necessary for the
44	44	Department of Family and Protective Services to assume the function
45	45	of regulating facilities and family homes under Chapter 42, Human
46	46	Resources Code.
47	47	Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
48	48	(a) The following functions are not subject to transfer under
49	49	Sections 531.0201 and 531.02011:
50	50	(1) the functions of the Department of Family and
51	51	Protective Services, including the statewide intake of reports and
52	52	other information, related to the following:
53	53	(A) child protective services, including
54	54	services that are required by federal law to be provided by this
55	55	state's child welfare agency;
56	56	(B) adult protective services, other than
57	57	investigations of the alleged abuse, neglect, or exploitation of an
58	58	elderly person or person with a disability:
59	59	(i) in a facility operated, or in a facility
60	60	or by a person licensed, certified, or registered, by a state
61	61	agency; or
62	62	(ii) by a provider that has contracted to
63	63	provide home and community-based services;
64	64	(C) prevention and early intervention services;
65	65	and
66	66	(D) investigations of alleged abuse, neglect, or
67	67	exploitation occurring at a child-care facility, as that term is
68	68	defined in Section 40.042, Human Resources Code; and
69	69	(2) the public health functions of the Department of
70	70	State Health Services, including health care data collection and
71	71	maintenance of the Texas Health Care Information Collection
72	72	program.
73	73	(b) Effective September 1, 2021, the function of regulating
74	74	facilities and family homes under Chapter 42, Human Resources Code,
75	75	will be transferred to the Department of Family and Protective
76	76	Services.
77	77	Sec. 531.951. APPLICABILITY. (a) This subchapter applies
78	78	only to the final licensing, listing, or registration decisions of
79	79	a health and human services agency with respect to a person under
80	80	the law authorizing the agency to regulate the following types of
81	81	persons:
82	82	(1) a youth camp licensed under Chapter 141, Health
83	83	and Safety Code;
84	84	(2) a home and community support services agency
85	85	licensed under Chapter 142, Health and Safety Code;
86	86	(3) a hospital licensed under Chapter 241, Health and
87	87	Safety Code;
88	88	(4) an institution licensed under Chapter 242, Health
89	89	and Safety Code;
90	90	(5) an assisted living facility licensed under Chapter
91	91	247, Health and Safety Code;
92	92	(6) a special care facility licensed under Chapter
93	93	248, Health and Safety Code;
94	94	(7) an intermediate care facility licensed under
95	95	Chapter 252, Health and Safety Code;
96	96	(8) a chemical dependency treatment facility licensed
97	97	under Chapter 464, Health and Safety Code;
98	98	(9) a mental hospital or mental health facility
99	99	licensed under Chapter 577, Health and Safety Code;
100	100	(10) a child-care facility or child-placing agency
101	101	licensed under or a family home listed or registered under Chapter
102	102	42, Human Resources Code; or
103	103	(1011) a day activity and health services facility
104	104	licensed under Chapter 103, Human Resources Code.
105	105	(b) This subchapter does not apply to an agency decision
106	106	that did not result in a final order or that was reversed on appeal.
107	107	SECTION 2. Sections 40.0025, 40.042, and 40.0505, Human
108	108	Resources Code, are amended to read as follows:
109	109	Sec. 40.0025. AGENCY FUNCTIONS. (a) In this section,
110	110	"function" includes a power, duty, program, or activity and an
111	111	administrative support services function associated with the
112	112	power, duty, program, or activity, unless consolidated under
113	113	Section 531.02012, Government Code.
114	114	(b) In accordance with Subchapter A-1, Chapter 531,
115	115	Government Code, and notwithstanding any other law, the department
116	116	performs only functions, including the statewide intake of reports
117	117	and other information, related to the following services:
118	118	(1) child protective services, including services
119	119	that are required by federal law to be provided by this state's
120	120	child welfare agency;
121	121	(2) adult protective services, other than
122	122	investigations of the alleged abuse, neglect, or exploitation of an
123	123	elderly person or person with a disability:
124	124	(A) in a facility operated, or in a facility or by
125	125	a person licensed, certified, or registered, by a state agency; or
126	126	(B) by a provider that has contracted to provide
127	127	home and community-based services; and
128	128	(3) prevention and early intervention services
129	129	functions, including:
130	130	(A) prevention and early intervention services
131	131	as defined under Section 265.001, Family Code; and
132	132	(B) programs that:
133	133	(i) provide parent education;
134	134	(ii) promote healthier parent-child
135	135	relationships; or
136	136	(iii) prevent family violence; and
137	137	(4) services related to regulation of facilities and
138	138	family homes under Chapter 42, Human Resources Code.
139	139	Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND
140	140	EXPLOITATION. (a) In this section, "child-care facility" includes
141	141	a facility, licensed or unlicensed child-care facility, family
142	142	home, residential child-care facility, employer-based day-care
143	143	facility, or shelter day-care facility regulated by the department,
144	144	as those terms are defined in Chapter 42.
145	145	(b) For all investigations of child abuse, neglect, or
146	146	exploitation conducted by the child protective investigations
147	147	services division of the department, the department shall adopt the
148	148	definitions of abuse, neglect, and exploitation provided in Section
149	149	261.001, Family Code.
150	150	(c) The department shall establish standardized policies to
151	151	be used during investigations.
152	152	(d) The commissioner shall establish units within the child
153	153	protective investigationsservices division of the department to
154	154	specialize in investigating allegations of child abuse, neglect, or
155	155	exploitation occurring at a child-care facility.
156	156	(e) The department may require that investigators who
157	157	specialize in allegations of child abuse, neglect, and exploitation
158	158	occurring at child-care facilities receive ongoing training on the
159	159	minimum licensing standards for any facilities that are applicable
160	160	to the investigator's specialization.
161	161	(f) Upon initiation ofAfter an investigation by the child
162	162	protective investigations division of the department of abuse,
163	163	neglect, or exploitation occurring at a child-care facility, the
164	164	child protective investigations divisiondepartment shall
165	165	collaborate and share case information with the division of the
166	166	department responsibleprovide the state agency responsible for
167	167	regulating the facility in order for the regulatory division to
168	168	conduct related inspections and non-abuse, neglect, or
169	169	exploitation investigationswith access to any information
170	170	relating to the department's investigation. Providing access to
171	171	confidential information under this subsection does not constitute
172	172	a waiver of confidentiality.
173	173	(g) The executive commissioner or the commissioner of the
174	174	department, as appropriate, may adopt rules to implement this
175	175	section.
176	176	Sec. 40.0505. DIVISIONS OF DEPARTMENT. (a) The
177	177	commissioner shall establish the following divisions and offices
178	178	within the department:
179	179	(1) an investigations division;
180	180	(2) a consolidated data division;
181	181	(3) a legal division that oversees the following:
182	182	(A) legal matters relating to human resources, as
183	183	necessary to manage the department's workforce and establish the
184	184	department's hiring and termination policies;
185	185	(B) open records;
186	186	(C) privacy and confidentiality;
187	187	(D) litigation; and
188	188	(E) contract compliance;
189	189	(4) an operations division that oversees department
190	190	operations and human resources functions of the department; and
191	191	(5) a financial management and accounting services
192	192	division;
193	193	(6) a regulatory division to perform the function of
194	194	overseeing and regulating facilities and family homes under Chapter
195	195	42.
196	196	(b) The commissioner may establish additional divisions
197	197	within the department as the commissioner determines appropriate.
198	198	(c) The commissioner may assign department functions among
199	199	the department's divisions.
200	200	SECTION 3. Sections 42.00311, Human Resources Code, is
201	201	added and 42.0211, Human Resources Code, is amended to read as
202	202	follows:
203	203	Sec. 42.00311. REFERENCES IN LAW MEANING DEPARTMENT OR
204	204	DEPARTMENT COMMISSIONER. In this chapter, a reference to the
205	205	department or the commission means the Department of Family and
206	206	Protective Services. A reference to the commissioner or executive
207	207	commissioner means the commissioner of the Department of Family and
208	208	Protective Services.
209	209	Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND
210	210	PERFORMANCE MANAGEMENT, AND UNIT FOR ILLEGALLY OPERATING
211	211	CHILD-CARE FACILITIES. (a) The division shall employ at least one
212	212	specially trained investigation safety specialist, whose duties
213	213	include the duty to:
214	214	(1) review and evaluate the intake of reports that
215	215	include allegations associated with a higher risk of harm to the
216	216	child; and
217	217	(2) consult with the assigned investigator to provide
218	218	specialized guidance and resources to assist the investigation.
219	219	(b) The division shall employ at least one risk analyst,
220	220	whose duties include the duty to:
221	221	(1) identify facilities, including child-placing
222	222	agencies, whose compliance histories indicate the potential for a
223	223	higher risk of harm to children in the care of the facility;
224	224	(2) review the monitoring and inspection reports for
225	225	any facilities described by Subdivision (1) to assess the quality
226	226	of the investigation or monitoring; and
227	227	(3) identify any additional monitoring or enforcement
228	228	action that may be appropriate to ensure the safety of a child in
229	229	the care of the facility.
230	230	(c) The division must include a performance management unit
231	231	with duties that include:
232	232	(1) conducting quality assurance reviews of randomly
233	233	selected monitoring and investigative reports to ensure compliance
234	234	with all relevant laws, rules, and agency policies; and
235	235	(2) making recommendations to improve the quality and
236	236	consistency of monitoring and investigations.
237	237	(d) The division must include a unit consisting of
238	238	investigators whose primary responsibility is to:
239	239	(1) identify child-care facilities that are operating
240	240	without a license, certification, registration, or listing
241	241	required by this Chapter; and
242	242	(2) initiate appropriate enforcement actions against
243	243	those facilities.
244	244	SECTION 4. This Act takes effect September 1, 2021.