Texas 2021 - 87th Regular

Texas Senate Bill SB800 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 800
	1	+	87R23788 SGM-F
	2	+	By: Nelson S.B. No. 800
	3	+	(Paddie)
	4	+	Substitute the following for S.B. No. 800: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to certain required reports or information received or
6	10		prepared by state agencies and other governmental entities.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Articles 2.305(b) and (d), Code of Criminal
9	13		Procedure, are amended to read as follows:
10	14		(b) An entity described by Subsection (a) that investigates
11	15		the alleged commission of an offense under Chapter 20A, Penal Code,
12	16		or the alleged commission of an offense under Chapter 43, Penal
13	17		Code, which may involve human trafficking, shall submit to the
14	18		attorney general a report in the manner and form prescribed by the
15	19		attorney general containing the following information:
16	20		(1) the offense being investigated, including a brief
17	21		description of the alleged prohibited conduct;
18	22		(2) regarding each person suspected of committing the
19	23		offense and each victim of the offense:
20	24		(A) the person's:
21	25		(i) age;
22	26		(ii) gender; and
23	27		(iii) race or ethnicity, as defined by
24	28		Article 2.132; and
25	29		(B) the case number associated with the offense
26	30		and the person suspected of committing the offense;
27	31		(3) the date, time, and location of the alleged
28	32		offense;
29	33		(4) the type of human trafficking involved, including:
30	34		(A) forced labor or services, as defined by
31	35		Section 20A.01, Penal Code;
32	36		(B) causing the victim by force, fraud, or
33	37		coercion to engage in prohibited conduct involving one or more
34	38		sexual activities, including conduct described by Section
35	39		20A.02(a)(3), Penal Code; or
36	40		(C) causing a child victim by any means to engage
37	41		in, or become the victim of, prohibited conduct involving one or
38	42		more sexual activities, including conduct described by Section
39	43		20A.02(a)(7), Penal Code;
40	44		(5) if available, information regarding any victims'
41	45		service organization or program to which the victim was referred as
42	46		part of the investigation; and
43	47		(6) the disposition of the investigation, if any,
44	48		regardless of the manner of disposition.
45	49		(d) The attorney general may [shall] enter into a contract
46	50		with a university that provides for the university's assistance in
47	51		the collection and analysis of information received under this
48	52		article.
49	53		SECTION 2. Section 71.0353, Government Code, is amended to
50	54		read as follows:
51	55		Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. (a) As a
52	56		component of the official monthly report submitted to the Office of
53	57		Court Administration of the Texas Judicial System, a district court
54	58		or county court at law shall report the number of cases filed for
55	59		the following offenses:
56	60		(1) trafficking of persons under Section 20A.02, Penal
57	61		Code;
58	62		(2) prostitution under Section 43.02, Penal Code; and
59	63		(3) compelling prostitution under Section 43.05,
60	64		Penal Code.
61	65		(b) A district or county court at law shall provide a copy of
62	66		the report required under Subsection (a) to the attorney general.
63	67		SECTION 3. Sections 402.034(g) and (h), Government Code,
64	68		are amended to read as follows:
65	69		(g) Not later than December 1 of each even-numbered year,
66	70		[beginning with the year following the year the council submits a
67	71		strategic plan to the legislature under Subsection (e)(2),] the
68	72		council shall submit to the legislature a [an annual] report
69	73		detailing the progress of the strategic plan's implementation. The
70	74		[annual] report must include:
71	75		(1) a description of the level of participation in the
72	76		strategic plan by each agency represented on the council and how the
73	77		implementation of the strategic plan serves to coordinate the
74	78		programs and services described by Subsection (f)(1) and achieve
75	79		the goals described by Subsection (f)(2)(B); and
76	80		(2) an update of the inventory of programs and
77	81		services described by Subsection (f)(1) and how each program or
78	82		service furthers the goals of the strategic plan.
79	83		(h) The office of the attorney general shall make available
80	84		on the office's Internet website the strategic plan and the report
81	85		[annual reports] required under Subsection (g).
82	86		SECTION 4. Sections 403.0147(b) and (c), Government Code,
83	87		are amended to read as follows:
84	88		(b) Not later than December 31 of each even-numbered year,
85	89		the comptroller shall submit a report to the legislature that
86	90		identifies for each state agency:
87	91		(1) each program the state agency is statutorily
88	92		required to implement for which no appropriation was made for the
89	93		preceding state fiscal year, along with a citation to the law
90	94		imposing the requirement; and
91	95		(2) the amount and source of money the state agency
92	96		spent, if any, to implement any portion of the program described by
93	97		Subdivision (1) during the preceding state fiscal year.
94	98		(c) A state agency shall provide to the comptroller not
95	99		later than September 30 of each even-numbered year information
96	100		necessary for the comptroller to prepare the report required by
97	101		this section. The comptroller may prescribe the form and content of
98	102		the information a state agency must provide.
99	103		SECTION 5. Section 404.094(a), Government Code, is amended
100	104		to read as follows:
101	105		(a) Fees, fines, penalties, taxes, charges, gifts, grants,
102	106		donations, and other funds collected or received by a state agency
103	107		under law shall be deposited in the treasury, credited to a special
104	108		fund or funds, and subject to appropriation only for the purposes
105	109		for which they are otherwise authorized to be expended or
106	110		disbursed. A deposit shall be made at the earliest possible time
107	111		that the treasury can accept those funds, but not later than the
108	112		third business day after the date of receipt. However, if an agency
109	113		determines that for seasonal or other extraordinary reasons
110	114		deposits cannot be made by the third business day after the date of
111	115		receipt, the agency shall provide written notice of the
112	116		determination to the state auditor and comptroller with an
113	117		explanation of the circumstances that require the delay. If the
114	118		state auditor finds that an agency has not complied with this
115	119		subsection, the state auditor shall make an estimate of any
116	120		resulting financial loss to the state, taking into consideration
117	121		compliance costs that would have been additionally incurred by the
118	122		agency, and report the amount on the state auditor's Internet
119	123		website [to the legislative audit committee, the governor, and the
120	124		comptroller].
121	125		SECTION 6. Section 531.02492(b), Government Code, is
122	126		amended to read as follows:
123	127		(b) The commission shall electronically publish on the
124	128		commission's Internet website a biennial report and, on or before
125	129		the date the report is due, shall notify the governor, the
126	130		lieutenant governor, the speaker of the house of representatives,
127	131		the comptroller, [the Legislative Budget Board,] and the
128	132		appropriate legislative committees that the report is available on
129	133		the commission's Internet website. The report must address the
130	134		efforts of the health and human services agencies to provide health
131	135		and human services to children younger than six years of age. The
132	136		report may contain recommendations by the commission to better
133	137		coordinate state agency programs relating to the delivery of health
134	138		and human services to children younger than six years of age and may
135	139		propose joint agency collaborative programs.
136	140		SECTION 7. Section 531.0998, Government Code, is amended by
137	141		adding Subsection (g) to read as follows:
138	142		(g) The report may be consolidated with any other report
139	143		relating to the same subject matter the commission is required to
140	144		submit under other law.
141	145		SECTION 8. Section 531.108(e), Government Code, is amended
142	146		to read as follows:
143	147		(e) Not later than October 1 of each year, the [The]
144	148		commission shall submit to the governor and Legislative Budget
145	149		Board an annual report on the results of computerized matching of
146	150		commission information with information from neighboring states,
147	151		if any, and information from the Texas Department of Criminal
148	152		Justice. The report may be consolidated with any other report
149	153		relating to the same subject matter the commission is required to
150	154		submit under other law.
151	155		SECTION 9. Section 2054.077(b), Government Code, is amended
152	156		to read as follows:
153	157		(b) The information security officer of a state agency shall
154	158		prepare or have prepared a report, including an executive summary
155	159		of the findings of the biennial report, not later than June 1
156	160		[October 15] of each even-numbered year, assessing the extent to
157	161		which a computer, a computer program, a computer network, a
158	162		computer system, a printer, an interface to a computer system,
159	163		including mobile and peripheral devices, computer software, or data
160	164		processing of the agency or of a contractor of the agency is
161	165		vulnerable to unauthorized access or harm, including the extent to
162	166		which the agency's or contractor's electronically stored
163	167		information is vulnerable to alteration, damage, erasure, or
164	168		inappropriate use.
165	169		SECTION 10. Section 2054.515(b), Government Code, is
166	170		amended to read as follows:
167	171		(b) Not later than December 1 of the year in which a state
168	172		agency conducts the assessment under Subsection (a) or the 60th day
169	173		after the date the agency completes the assessment, whichever
170	174		occurs first, the agency shall report the results of the assessment
171	175		to:
172	176		(1) the department; and
173	177		(2) on request, the governor, the lieutenant governor,
174	178		and the speaker of the house of representatives.
175	179		SECTION 11. Section 2054.516(a), Government Code, is
176	180		amended to read as follows:
177	181		(a) Each state agency implementing an Internet website or
178	182		mobile application that processes any sensitive personal or
179	183		personally identifiable information or confidential information
180	184		must:
181	185		(1) submit a biennial data security plan to the
182	186		department not later than June 1 [October 15] of each even-numbered
183	187		year to establish planned beta testing for the website or
184	188		application; and
185	189		(2) subject the website or application to a
186	190		vulnerability and penetration test and address any vulnerability
187	191		identified in the test.
188	192		SECTION 12. Section 2054.5192(e), Government Code, is
189	193		amended to read as follows:
190	194		(e) A contractor required to complete a cybersecurity
191	195		training program under this section shall verify completion of the
192	196		program to the contracting state agency. The person who oversees
193	197		contract management for the agency shall:
194	198		(1) not later than August 31 of each year, report the
195	199		contractor's completion to the department; and
196	200		(2) periodically review agency contracts to ensure
197	201		compliance with this section.
198	202		SECTION 13. The heading to Section 2310.052, Government
199	203		Code, is amended to read as follows:
200	204		Sec. 2310.052. EVALUATION[; REPORT].
201	205		SECTION 14. Section 103.013(f), Health and Safety Code, is
202	206		amended to read as follows:
203	207		(f) Not later than November 1 of each even-numbered year,
204	208		each state agency affected by the state plan, other than a state
205	209		agency represented on the council, shall report to the council, the
206	210		Legislative Budget Board, and the Governor's Office of Budget and
207	211		Planning:
208	212		(1) information determined under Subsection (e); and
209	213		(2) each deviation from the council's proposed plan,
210	214		including an explanation for the deviation.
211	215		SECTION 15. Sections 533A.006(a) and (b), Health and Safety
212	216		Code, are amended to read as follows:
213	217		(a) The executive commissioner shall submit a report to the
214	218		Texas Medical Board not later than 30 days after the last day of a
215	219		month during which any allegation is received by the commission
216	220		that a physician employed by or under contract with the commission
217	221		in relation to services provided under this title has committed an
218	222		action that constitutes a ground for the denial or revocation of the
219	223		physician's license under Section 164.051, Occupations Code. The
220	224		report must be made in the manner provided by Section 154.051,
221	225		Occupations Code.
222	226		(b) The department shall provide to the Texas Medical Board
223	227		a printed and electronic copy of any report or finding relating to
224	228		an investigation of an allegation reported to that board.
225	229		SECTION 16. Section 534.068(f), Health and Safety Code, is
226	230		amended to read as follows:
227	231		(f) The department shall annually submit to the governor[,
228	232		Legislative Budget Board,] and Legislative Audit Committee a
229	233		summary of the significant findings identified during the
230	234		department's reviews of fiscal audit activities.
231	235		SECTION 17. Section 578.008, Health and Safety Code, is
232	236		amended to read as follows:
233	237		Sec. 578.008. USE OF INFORMATION[; REPORT]. [(a)] The
234	238		department shall use the information received under Sections
235	239		578.006 and 578.007 to analyze, audit, and monitor the use of
236	240		electroconvulsive therapy, psychosurgery, pre-frontal sonic sound
237	241		treatment, or any other convulsive or coma-producing therapy
238	242		administered to treat mental illness.
239	243		[(b) The department shall file annually with the governor
240	244		and the presiding officer of each house of the legislature a written
241	245		report summarizing by facility the information received under
242	246		Sections 578.006 and 578.007. If the therapy is administered by a
243	247		private physician on an outpatient basis, the report must include
244	248		that information but may not identify the physician. The
245	249		department may not directly or indirectly identify in a report
246	250		issued under this section a patient who received the therapy.]
247	251		SECTION 18. Section 22.0292(d), Human Resources Code, is
248	252		amended to read as follows:
249	253		(d) Not later than October 1 of each year, the [The]
250	254		commission shall submit to the governor and the Legislative Budget
251	255		Board an annual report on the operation and success of the
252	256		information matching system required by this section. The report
253	257		may be consolidated with any other report relating to the same
254	258		subject matter the commission is required to submit under other
255	259		law.
256	260		SECTION 19. Section 101A.107, Human Resources Code, is
257	261		amended to read as follows:
258	262		Sec. 101A.107. REPORT ON UNIT COSTS. The department shall
259	263		file with the Legislative Budget Board and the Governor's Office of
260	264		Budget, Planning, and Policy a report that clearly identifies in a
261	265		state fiscal year the unit cost of each service, other than services
262	266		related to community service volunteering and subsidized
263	267		employment services, provided by an area agency on aging. The
264	268		report must be filed annually [twice each year] on or before the
265	269		date specified by the Legislative Budget Board. The report must be
266	270		in the form required by the Legislative Budget Board.
267	271		SECTION 20. Section 161.079(g), Human Resources Code, is
268	272		amended to read as follows:
269	273		(g) The department shall analyze the data reported under
270	274		Subsection (f) and collected from the form under Subsection (d)
271	275		[and shall submit a report not later than December 1 of each
272	276		even-numbered year to the governor and the Legislative Budget Board
273	277		that summarizes the data analysis].
274	278		SECTION 21. Section 1305.502(a), Insurance Code, is amended
275	279		to read as follows:
276	280		(a) Not later than December 1 of each even-numbered year,
277	281		the [The] group shall develop and issue an [annual] informational
278	282		report card that identifies and compares, on an objective basis,
279	283		the quality, costs, health care provider availability, and other
280	284		analogous factors of workers' compensation health care networks
281	285		operating under the workers' compensation system of this state with
282	286		each other and with medical care provided outside of networks.
283	287		SECTION 22. The heading to Section 413.0515, Labor Code, is
284	288		amended to read as follows:
285	289		Sec. 413.0515. REPORTS OF [PHYSICIAN AND] CHIROPRACTOR
286	290		VIOLATIONS.
287	291		SECTION 23. Sections 504.053(c) and (d), Labor Code, are
288	292		amended to read as follows:
289	293		(c) If the political subdivision or pool provides medical
290	294		benefits in the manner authorized under Subsection (b)(2), the
291	295		following do not apply:
292	296		(1) Sections 408.004 and 408.0041, unless use of a
293	297		required medical examination or designated doctor is necessary to
294	298		resolve an issue relating to the entitlement to or amount of income
295	299		benefits under this title;
296	300		(2) Subchapter B, Chapter 408, except for Section
297	301		408.021;
298	302		(3) Chapter 413, except for Section 413.042; and
299	303		(4) Chapter 1305, Insurance Code, except for Sections
300	304		[1305.501,] 1305.502[,] and 1305.503.
301	305		(d) If the political subdivision or pool provides medical
302	306		benefits in the manner authorized under Subsection (b)(2), the
303	307		following standards apply:
304	308		(1) the political subdivision or pool must ensure that
305	309		workers' compensation medical benefits are reasonably available to
306	310		all injured workers of the political subdivision or the injured
307	311		workers of the members of the pool within a designed service area;
308	312		(2) the political subdivision or pool must ensure that
309	313		all necessary health care services are provided in a manner that
310	314		will ensure the availability of and accessibility to adequate
311	315		health care providers, specialty care, and facilities;
312	316		(3) the political subdivision or pool must have an
313	317		internal review process for resolving complaints relating to the
314	318		manner of providing medical benefits, including an appeal to the
315	319		governing body or its designee and appeal to an independent review
316	320		organization;
317	321		(4) the political subdivision or pool must establish
318	322		reasonable procedures for the transition of injured workers to
319	323		contract providers and for the continuity of treatment, including
320	324		notice of impending termination of providers and a current list of
321	325		contract providers;
322	326		(5) the political subdivision or pool shall provide
323	327		for emergency care if an injured worker cannot reasonably reach a
324	328		contract provider and the care is for medical screening or other
325	329		evaluation that is necessary to determine whether a medical
326	330		emergency condition exists, necessary emergency care services
327	331		including treatment and stabilization, and services originating in
328	332		a hospital emergency facility following treatment or stabilization
329	333		of an emergency medical condition;
330	334		(6) prospective or concurrent review of the medical
331	335		necessity and appropriateness of health care services must comply
332	336		with Article 21.58A, Insurance Code;
333	337		(7) the political subdivision or pool shall continue
334	338		to report data to the appropriate agency as required by Title 5 of
335	339		this code and Chapter 1305, Insurance Code; and
336	340		(8) a political subdivision or pool is subject to the
337	341		requirements under Sections [1305.501,] 1305.502[,] and 1305.503,
338	342		Insurance Code.
339	343		SECTION 24. Section 1001.023(b), Transportation Code, is
340	344		amended to read as follows:
341	345		(b) The chair shall:
342	346		(1) preside over board meetings, make rulings on
343	347		motions and points of order, and determine the order of business;
344	348		(2) represent the department in dealing with the
345	349		governor;
346	350		(3) report to the governor on the state of affairs of
347	351		the department at least quarterly;
348	352		(4) report to the board the governor's suggestions for
349	353		department operations;
350	354		(5) report to the governor on efforts, including
351	355		legislative requirements, to maximize the efficiency of department
352	356		operations through the use of private enterprise;
353	357		(6) periodically review the department's
354	358		organizational structure and submit recommendations for structural
355	359		changes to the governor and[,] the board[, and the Legislative
356	360		Budget Board];
357	361		(7) designate at least one employee of the department
358	362		as a civil rights officer of the department and receive regular
359	363		reports from the officer or officers on the department's efforts to
360	364		comply with civil rights legislation and administrative rules;
361	365		(8) create subcommittees, appoint board members to
362	366		subcommittees, and receive the reports of subcommittees to the
363	367		board as a whole;
364	368		(9) appoint a member of the board to act in the absence
365	369		of the chair and vice chair; and
366	370		(10) serve as the departmental liaison with the
367	371		governor and the Office of State-Federal Relations to maximize
368	372		federal funding for transportation.
369	373		SECTION 25. The following provisions are repealed:
370	374		(1) Section 201.0227(d-1), Agriculture Code;
371	375		(2) Section 447.010(j), Government Code;
372	376		(3) Chapter 2061, Government Code;
373	377		(4) Section 2165.303(b), Government Code;
374	378		(5) Section 2310.052(b), Government Code;
375	379		(6) Section 104.026(c), Health and Safety Code;
376	380		(7) Section 161.502(d), Health and Safety Code;
377	381		(8) Section 533A.062(e), Health and Safety Code;
378	382		(9) Section 22.015, Human Resources Code;
379	383		(10) Section 1305.501, Insurance Code;
380	384		(11) Section 2053.012, Insurance Code;
381	385		(12) Sections 405.0025(b) and (c), Labor Code;
382	386		(13) Section 408.030, Labor Code;
383	387		(14) Section 413.0515(a), Labor Code;
384	388		(15) Section 203.154(a), Occupations Code;
385	389		(16) Section 452.159, Occupations Code;
386	390		(17) Section 223.042(f), Transportation Code; and
387	391		(18) Section 228.012(c), Transportation Code.
388	392		SECTION 26. This Act takes effect September 1, 2021.
389		-	______________________________ ______________________________
390		-	President of the Senate Speaker of the House
391		-	I hereby certify that S.B. No. 800 passed the Senate on
392		-	April 9, 2021, by the following vote: Yeas 31, Nays 0;
393		-	May 27, 2021, Senate refused to concur in House amendments and
394		-	requested appointment of Conference Committee; May 28, 2021, House
395		-	granted request of the Senate; May 29, 2021, Senate adopted
396		-	Conference Committee Report by the following vote: Yeas 31,
397		-	Nays 0.
398		-	______________________________
399		-	Secretary of the Senate
400		-	I hereby certify that S.B. No. 800 passed the House, with
401		-	amendments, on May 25, 2021, by the following vote: Yeas 145,
402		-	Nays 1, one present not voting; May 28, 2021, House granted request
403		-	of the Senate for appointment of Conference Committee;
404		-	May 30, 2021, House adopted Conference Committee Report by the
405		-	following vote: Yeas 145, Nays 0, one present not voting.
406		-	______________________________
407		-	Chief Clerk of the House
408		-	Approved:
409		-	______________________________
410		-	Date
411		-	______________________________
412		-	Governor